[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 954 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 954

  To amend title 18, United States Code, to protect citizens' rights 
 under the Second Amendment to obtain firearms for legal use, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 1999

  Mr. Smith of New Hampshire introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to protect citizens' rights 
 under the Second Amendment to obtain firearms for legal use, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Second Amendment Preservation Act of 
1999''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) a number of State and local governments have commenced 
        civil actions, or are considering commencing civil actions, 
        against manufacturers, importers, and dealers of firearms based 
        on the unlawful use of the firearms by a purchaser or other 
        person;
            (2) in at least some cases, the intent in bringing the 
        action is to subject manufacturers, importers, and dealers to 
        legal costs that are so onerous that the manufacturers, 
        importers, and dealers may not be able to defend themselves, or 
        indeed be able to remain in business;
            (3) a majority of manufacturers, importers, and dealers of 
        firearms are small, privately owned businesses that cannot 
        afford to bear the legal costs of defending themselves in a 
        large number of judicial forums;
            (4) compared to most manufacturers, importers, and dealers 
        of firearms, States and local governments are large and 
        relatively wealthy entities that are able to spend large 
        amounts of taxpayers' dollars on a war of attrition with small 
        businesses;
            (5) fairness requires that--
                    (A) a unit of government that undertakes an 
                unsuccessful ``fishing expedition'' against a firearm 
                manufacturer, importer, or dealer bear the cost of 
                defending against its frivolous and unwarranted civil 
                action; and
                    (B) taxpayers not be required to pay millions of 
                dollars to wealthy attorneys, out of awards that are 
                intended, at least in part, to benefit the victims of 
                crime;
            (6) the Second Amendment to the Constitution requires that 
        Congress respond to actions that are intended to, and that 
        would have the effect of, nullifying that provision of the Bill 
        of Rights;
            (7) Congress has power under the Second Amendment and under 
        the Commerce Clause to take appropriate action to protect the 
        right of citizens to obtain and own firearms; and
            (8) one appropriate action that Congress may take is to 
        provide protection from excessive and unwarranted legal fees.

SEC. 3. RULES GOVERNING ACTIONS BROUGHT TO CURTAIL THE SALE OR 
              AVAILABILITY OF FIREARMS FOR LEGAL PURPOSES.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec.  926B. Rules governing actions brought to curtail the sale or 
              availability of firearms for legal purposes
    ``(a) Definitions.--In this section, the term `action brought to 
curtail the sale or availability of firearms for legal purposes' means 
a civil action brought in Federal or State court that--
            ``(1) has as a defendant a firearms manufacturer, importer, 
        or dealer in firearms;
            ``(2) expressly or by implication requests actual damages, 
        punitive damages, or any other form of damages in excess of the 
        lesser of--
                    ``(A) $1,000,000; or
                    ``(B) 50 percent of the net assets of any such 
                defendant; and
            ``(3) seeks, in whole or in part, to hold a firearms 
        manufacturer, importer, or dealer liable for damages caused by 
        the unlawful or tortious use of a firearm by a person not 
        employed by or affiliated with the manufacturer, dealer, or 
        importer.
    ``(b) Limitation on Attorney's Fees Awarded to Plaintiff.--In a 
civil action brought to curtail the sale or availability of firearms 
for legal purposes, notwithstanding any other provision of law or any 
agreement between any persons to the contrary, amounts paid in 
plaintiff's attorney's fees in connection with the settlement or 
adjudication of the action shall not exceed the lesser of--
            ``(1) an amount equal to $150 per hour for each hour spent 
        productively, plus actual expenses incurred by the attorney in 
        connection with the action; or
            ``(2) an amount equal to 10 percent of the amount that the 
        plaintiff receives under the action.
    ``(c) Attorney's Fees for the Defendant.--In a civil action brought 
to curtail the sale or availability of firearms for legal purposes, if 
the court finds that the defendant is not wholly or primarily liable 
for the damages sought, the court shall require the plaintiff to 
reimburse the defendant for reasonable attorney's fees and court costs, 
as determined by the court, incurred in litigating the action, unless 
the court finds that special circumstances make such a reimbursement 
unjust.
    ``(d) Power of Congress.--If any court renders a decision in an 
action brought to curtail the sale or availability of firearms for 
legal purposes or in any other proceeding that the Constitution does 
not confer on Congress the power to enact this section, the decision 
shall be directly appealable as of right to the Supreme Court.''.
    (b) Conforming Amendment.--The analysis for chapter 44 of title 18 
is amended by inserting after the item relating to section 926A the 
following:

``926B. Rules governing actions brought to curtail the sale or 
                            availability of firearms for legal 
                            purposes.''.
    (c) Effective Date.--The amendment made by subsection (a)--
            (1) takes effect on the date of enactment of this Act; and
            (2) applies to any action pending or on appeal on that date 
        or brought after that date.
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