[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 711 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 711

     To expand the powers of the Attorney General to regulate the 
manufacture, distribution, and sale of firearms and ammunition, and to 
  expand the jurisdiction of the Attorney General to include firearm 
                    products and nonpowder firearms.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 2005

 Mr. Kennedy of Rhode Island introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To expand the powers of the Attorney General to regulate the 
manufacture, distribution, and sale of firearms and ammunition, and to 
  expand the jurisdiction of the Attorney General to include firearm 
                    products and nonpowder firearms.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Firearms Safety 
and Consumer Protection Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
                TITLE I--REGULATION OF FIREARM PRODUCTS

Sec. 101. Regulatory authority.
Sec. 102. Orders; inspections.
                         TITLE II--PROHIBITIONS

Sec. 201. Prohibitions.
Sec. 202. Inapplicability to governmental authorities.
                         TITLE III--ENFORCEMENT

                     Subtitle A--Civil enforcement

Sec. 301. Civil penalties.
Sec. 302. Injunctive enforcement and seizure.
Sec. 303. Imminently hazardous firearms.
Sec. 304. Private cause of action.
Sec. 305. Private enforcement of this Act.
Sec. 306. Effect on private remedies.
                    Subtitle B--Criminal enforcement

Sec. 351. Criminal penalties.
                  TITLE IV--ADMINISTRATIVE PROVISIONS

Sec. 401. Firearm injury information and research.
Sec. 402. Annual report to Congress.
                   TITLE V--RELATIONSHIP TO OTHER LAW

Sec. 501. Subordination to the Arms Export Control Act.
Sec. 502. Effect on State law.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to protect the public against unreasonable risk of 
        injury and death associated with firearms and related products;
            (2) to develop safety standards for firearms and related 
        products;
            (3) to assist consumers in evaluating the comparative 
        safety of firearms and related products;
            (4) to promote research and investigation into the causes 
        and prevention of firearm-related deaths and injuries; and
            (5) to restrict the availability of weapons that pose an 
        unreasonable risk of death or injury.

SEC. 3. DEFINITIONS.

    (a) Specific Terms.--In this Act:
            (1) Firearms dealer.--The term ``firearms dealer'' means--
                    (A) any person engaged in the business (as defined 
                in section 921(a)(21)(C) of title 18, United States 
                Code) of dealing in firearms at wholesale or retail;
                    (B) any person engaged in the business (as defined 
                in section 921(a)(21)(D) of title 18, United States 
                Code) of repairing firearms or of making or fitting 
                special barrels, stocks, or trigger mechanisms to 
                firearms; and
                    (C) any person who is a pawnbroker.
            (2) Firearm part.--The term ``firearm part'' means--
                    (A) any part or component of a firearm as 
                originally manufactured;
                    (B) any good manufactured or sold--
                            (i) for replacement or improvement of a 
                        firearm; or
                            (ii) as any accessory or addition to the 
                        firearm; and
                    (C) any good that is not a part or component of a 
                firearm and is manufactured, sold, delivered, offered, 
                or intended for use exclusively to safeguard 
                individuals from injury by a firearm.
            (3) Firearm product.--The term ``firearm product'' means a 
        firearm, firearm part, nonpowder firearm, and ammunition.
            (4) Firearm safety regulation.--The term ``firearm safety 
        regulation'' means a regulation prescribed under this Act.
            (5) Firearm safety standard.--The term ``firearm safety 
        standard'' means a standard promulgated under this Act.
            (6) Nonpowder firearm.--The term ``nonpowder firearm'' 
        means a device specifically designed to discharge BBs, pellets, 
        darts, or similar projectiles by the release of stored energy.
    (b) Other Terms.--Each term used in this Act that is not defined in 
subsection (a) shall have the meaning (if any) given that term in 
section 921(a) of title 18, United States Code.

                TITLE I--REGULATION OF FIREARM PRODUCTS

SEC. 101. REGULATORY AUTHORITY.

    (a) In General.--The Attorney General shall prescribe such 
regulations governing the design, manufacture, and performance of, and 
commerce in, firearm products, consistent with this Act, as are 
reasonably necessary to reduce or prevent unreasonable risk of injury 
resulting from the use of those products.
    (b) Maximum Interval Between Issuance of Proposed and Final 
Regulation.--Not later than 120 days after the date on which the 
Attorney General issues a proposed regulation under subsection (a) with 
respect to a matter, the Attorney General shall issue a regulation in 
final form with respect to the matter.
    (c) Petitions.--
            (1) In general.--Any person may petition the Attorney 
        General to--
                    (A) issue, amend, or repeal a regulation prescribed 
                under subsection (a) of this section; or
                    (B) require the recall, repair, or replacement of a 
                firearm product, or the issuance of refunds with 
                respect to a firearm product.
            (2) Deadline for action on petition.--Not later than 120 
        days after the date on which the Attorney General receives a 
        petition referred to in paragraph (1), the Attorney General 
        shall--
                    (A) grant, in whole or in part, or deny the 
                petition; and
                    (B) provide the petitioner with the reasons for 
                granting or denying the petition.

SEC. 102. ORDERS; INSPECTIONS.

    (a) Authority to Prohibit Manufacture, Sale, or Transfer of Firearm 
Products Made, Imported, Transferred, or Distributed in Violation of 
Regulation.--The Attorney General may issue an order prohibiting the 
manufacture, sale, or transfer of a firearm product which the Attorney 
General finds has been manufactured, or has been or is intended to be 
imported, transferred, or distributed in violation of a regulation 
prescribed under this Act.
    (b) Authority to Require the Recall, Repair, or Replacement of, or 
the Provision of Refunds With Respect to Firearm Products.--The 
Attorney General may issue an order requiring the manufacturer of, and 
any dealer in, a firearm product which the Attorney General determines 
poses an unreasonable risk of injury to the public, is not in 
compliance with a regulation prescribed under this Act, or is 
defective, to--
            (1) provide notice of the risks associated with the 
        product, and of how to avoid or reduce the risks, to--
                    (A) the public;
                    (B) in the case of the manufacturer of the product, 
                each dealer in the product; and
                    (C) in the case of a dealer in the product, the 
                manufacturer of the product and the other persons known 
                to the dealer as dealers in the product;
            (2) bring the product into conformity with the regulations 
        prescribed under this Act;
            (3) repair the product;
            (4) replace the product with a like or equivalent product 
        which is in compliance with those regulations;
            (5) refund the purchase price of the product, or, if the 
        product is more than 1 year old, a lesser amount based on the 
        value of the product after reasonable use;
            (6) recall the product from the stream of commerce; or
            (7) submit to the Attorney General a satisfactory plan for 
        implementation of any action required under this subsection.
    (c) Authority to Prohibit Manufacture, Importation, Transfer, 
Distribution, or Export of Unreasonably Risky Firearm Products.--The 
Attorney General may issue an order prohibiting the manufacture, 
importation, transfer, distribution, or export of a firearm product if 
the Attorney General determines that the exercise of other authority 
under this Act would not be sufficient to prevent the product from 
posing an unreasonable risk of injury to the public.
    (d) Inspections.--When the Attorney General has reason to believe 
that a violation of this Act or of a regulation or order issued under 
this Act is being or has been committed, the Attorney General may, at 
reasonable times--
            (1) enter any place in which firearm products are 
        manufactured, stored, or held, for distribution in commerce, 
        and inspect those areas where the products are manufactured, 
        stored, or held; and
            (2) enter and inspect any conveyance being used to 
        transport a firearm product.

                         TITLE II--PROHIBITIONS

SEC. 201. PROHIBITIONS.

    (a) Failure of Manufacturer to Test and Certify Firearm Products.--
It shall be unlawful for the manufacturer of a firearm product to 
transfer, distribute, or export a firearm product unless--
            (1) the manufacturer has tested the product in order to 
        ascertain whether the product is in conformity with the 
        regulations prescribed under section 101;
            (2) the product is in conformity with those regulations; 
        and
            (3) the manufacturer has included in the packaging of the 
        product, and furnished to each person to whom the product is 
        distributed, a certificate stating that the product is in 
        conformity with those regulations.
    (b) Failure of Manufacturer to Provide Notice of New Types of 
Firearm Products.--It shall be unlawful for the manufacturer of a new 
type of firearm product to manufacture the product, unless the 
manufacturer has provided the Attorney General with--
            (1) notice of the intent of the manufacturer to manufacture 
        the product; and
            (2) a description of the product.
    (c) Failure of Manufacturer or Dealer to Label Firearm Products.--
It shall be unlawful for a manufacturer of or dealer in firearms to 
transfer, distribute, or export a firearm product unless the product is 
accompanied by a label that--
            (1) contains--
                    (A) the name and address of the manufacturer of the 
                product;
                    (B) the name and address of any importer of the 
                product;
                    (C) the model number of the product and the date 
                the product was manufactured;
                    (D) a specification of the regulations prescribed 
                under this Act that apply to the product; and
                    (E) the certificate required by subsection (a)(3) 
                with respect to the product; and
            (2) is located prominently in conspicuous and legible type 
        in contrast by typography, layout, or color with other printed 
        matter on the label.
    (d) Failure to Maintain or Permit Inspection of Records.--It shall 
be unlawful for an importer of, manufacturer of, or dealer in a firearm 
product to fail to--
            (1) maintain such records, and supply such information, as 
        the Attorney General may require in order to ascertain 
        compliance with this Act and the regulations and orders issued 
        under this Act; and
            (2) permit the Attorney General to inspect and copy those 
        records at reasonable times.
    (e) Importation and Exportation of Uncertified Firearm Products.--
It shall be unlawful for any person to import into the United States or 
export a firearm product that is not accompanied by the certificate 
required by subsection (a)(3).
    (f) Commerce in Firearm Products in Violation of Order Issued or 
Regulation Prescribed Under This Act.--It shall be unlawful for any 
person to manufacture, offer for sale, distribute in commerce, import 
into the United States, or export a firearm product--
            (1) that is not in conformity with the regulations 
        prescribed under this Act; or
            (2) in violation of an order issued under this Act.
    (g) Stockpiling.--It shall be unlawful for any person to 
manufacture, purchase, or import a firearm product, after the date a 
regulation is prescribed under this Act with respect to the product and 
before the date the regulation takes effect, at a rate that is 
significantly greater than the rate at which the person manufactured, 
purchased, or imported the product during a base period (prescribed by 
the Attorney General in regulations) ending before the date the 
regulation is so prescribed.

SEC. 202. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.

    Section 201 does not apply to any department or agency of the 
United States, of a State, or of a political subdivision of a State, or 
to any official conduct of any officer or employee of such a department 
or agency.

                         TITLE III--ENFORCEMENT

                     Subtitle A--Civil Enforcement

SEC. 301. CIVIL PENALTIES.

    (a) Authority to Impose Fines.--
            (1) In general.--The Attorney General shall impose upon any 
        person who violates section 201 a civil fine in an amount that 
        does not exceed the applicable amount described in subsection 
        (b).
            (2) Scope of offense.--Each violation of section 201 (other 
        than of subsection (a)(3) or (d) of that section) shall 
        constitute a separate offense with respect to each firearm 
        product involved.
    (b) Applicable Amount.--
            (1) First 5-year period.--The applicable amount for the 5-
        year period immediately following the date of enactment of this 
        Act is $5,000, or $10,000 if the violation is willful.
            (2) Thereafter.--The applicable amount during any time 
        after the 5-year period described in paragraph (1) is $10,000, 
        or $20,000 if the violation is willful.

SEC. 302. INJUNCTIVE ENFORCEMENT AND SEIZURE.

    (a) Injunctive Enforcement.--The Attorney General may bring an 
action to restrain any violation of section 201 in the United States 
district court for any district in which the violation has occurred, or 
in which the defendant is found or transacts business.
    (b) Condemnation.--
            (1) In general.--The Attorney General may bring an action 
        in rem for condemnation of a qualified firearm product in the 
        United States district court for any district in which the 
        Attorney General has found and seized for confiscation the 
        product.
            (2) Qualified firearm product defined.--In paragraph (1), 
        the term ``qualified firearm product'' means a firearm 
        product--
                    (A) that is being transported or having been 
                transported remains unsold, is sold or offered for 
                sale, is imported, or is to be exported; and
                    (B)(i) that is not in compliance with a regulation 
                prescribed or an order issued under this Act; or
                    (ii) with respect to which relief has been granted 
                under section 303.

SEC. 303. IMMINENTLY HAZARDOUS FIREARMS.

    (a) In General.--Notwithstanding the pendency of any other 
proceeding in a court of the United States, the Attorney General may 
bring an action in a United States district court to restrain any 
person who is a manufacturer of, or dealer in, an imminently hazardous 
firearm product from manufacturing, distributing, transferring, 
importing, or exporting the product.
    (b) Imminently Hazardous Firearm Product.--In subsection (a), the 
term ``imminently hazardous firearm product'' means any firearm product 
with respect to which the Attorney General determines that--
            (1) the product poses an unreasonable risk of injury to the 
        public; and
            (2) time is of the essence in protecting the public from 
        the risks posed by the product.
    (c) Relief.--In an action brought under subsection (a), the court 
may grant such temporary or permanent relief as may be necessary to 
protect the public from the risks posed by the firearm product, 
including--
            (1) seizure of the product; and
            (2) an order requiring--
                    (A) the purchasers of the product to be notified of 
                the risks posed by the product;
                    (B) the public to be notified of the risks posed by 
                the product; or
                    (C) the defendant to recall, repair, or replace the 
                product, or refund the purchase price of the product 
                (or, if the product is more than 1 year old, a lesser 
                amount based on the value of the product after 
                reasonable use).
    (d) Venue.--An action under subsection (a)(2) may be brought in the 
United States district court for the District of Columbia or for any 
district in which any defendant is found or transacts business.

SEC. 304. PRIVATE CAUSE OF ACTION.

    (a) In General.--Any person aggrieved by any violation of this Act 
or of any regulation prescribed or order issued under this Act by 
another person may bring an action against such other person in any 
United States district court for damages, including consequential 
damages. In any action under this section, the court, in its 
discretion, may award to a prevailing plaintiff a reasonable attorney's 
fee as part of the costs.
    (b) Rule of Interpretation.--The remedy provided for in subsection 
(a) shall be in addition to any other remedy provided by common law or 
under Federal or State law.

SEC. 305. PRIVATE ENFORCEMENT OF THIS ACT.

    Any interested person may bring an action in any United States 
district court to enforce this Act, or restrain any violation of this 
Act or of any regulation prescribed or order issued under this Act. In 
any action under this section, the court, in its discretion, may award 
to a prevailing plaintiff a reasonable attorney's fee as part of the 
costs.

SEC. 306. EFFECT ON PRIVATE REMEDIES.

    (a) Irrelevancy of Compliance With This Act.--Compliance with this 
Act or any order issued or regulation prescribed under this Act shall 
not relieve any person from liability to any person under common law or 
State statutory law.
    (b) Irrelevancy of Failure to Take Action Under This Act.--The 
failure of the Attorney General to take any action authorized under 
this Act shall not be admissible in litigation relating to the product 
under common law or State statutory law.

                    Subtitle B--Criminal Enforcement

SEC. 351. CRIMINAL PENALTIES.

    Any person who has received from the Attorney General a notice that 
the person has violated a provision of this Act or of a regulation 
prescribed under this Act with respect to a firearm product and 
knowingly violates that provision with respect to the product shall be 
fined under title 18, United States Code, imprisoned not more than 2 
years, or both.

                  TITLE IV--ADMINISTRATIVE PROVISIONS

SEC. 401. FIREARM INJURY INFORMATION AND RESEARCH.

    (a) Injury Data.--The Attorney General shall, in coordination with 
the Secretary of Health and Human Services--
            (1) collect, investigate, analyze, and share with other 
        appropriate government agencies circumstances of death and 
        injury associated with firearms; and
            (2) conduct continuing studies and investigations of 
        economic costs and losses resulting from firearm-related deaths 
        and injuries.
    (b) Other Data.--The Attorney General shall--
            (1) collect and maintain current production and sales 
        figures for each licensed manufacturer, broken down by the 
        model, caliber, and type of firearms produced and sold by the 
        licensee, including a list of the serial numbers of such 
        firearms;
            (2) conduct research on, studies of, and investigation into 
        the safety of firearm products and improving the safety of 
        firearm products; and
            (3) develop firearm safety testing methods and testing 
        devices.
    (c) Availability of Information.--On a regular basis, but not less 
frequently than annually, the Attorney General shall make available to 
the public the results of the activities of the Attorney General under 
subsections (a) and (b).

SEC. 402. ANNUAL REPORT TO CONGRESS.

    (a) In General.--The Attorney General shall prepare and submit to 
the President and Congress at the beginning of each regular session of 
Congress, a comprehensive report on the administration of this Act for 
the most recently completed fiscal year.
    (b) Contents.--Each report submitted under subsection (a) shall 
include--
            (1) a thorough description, developed in coordination with 
        the Secretary of Health and Human Services, of the incidence of 
        injury and death and effects on the population resulting from 
        firearm products, including statistical analyses and 
        projections, and a breakdown, as practicable, among the various 
        types of such products associated with the injuries and deaths;
            (2) a list of firearm safety regulations prescribed that 
        year;
            (3) an evaluation of the degree of compliance with firearm 
        safety regulations, including a list of enforcement actions, 
        court decisions, and settlements of alleged violations, by name 
        and location of the violator or alleged violator, as the case 
        may be;
            (4) a summary of the outstanding problems hindering 
        enforcement of this Act, in the order of priority; and
            (5) a log and summary of meetings between the Attorney 
        General or employees of the Attorney General and 
        representatives of industry, interested groups, or other 
        interested parties.

                   TITLE V--RELATIONSHIP TO OTHER LAW

SEC. 501. SUBORDINATION TO ARMS EXPORT CONTROL ACT.

    In the event of any conflict between any provision of this Act and 
any provision of the Arms Export Control Act, the provision of the Arms 
Export Control Act shall control.

SEC. 502. EFFECT ON STATE LAW.

    (a) In General.--This Act shall not be construed to preempt any 
provision of the law of any State or political subdivision thereof, or 
prevent a State or political subdivision thereof from enacting any 
provision of law regulating or prohibiting conduct with respect to a 
firearm product, except to the extent that such provision of law is 
inconsistent with any provision of this Act, and then only to the 
extent of the inconsistency.
    (b) Rule of Construction.--A provision of State law is not 
inconsistent with this Act if the provision imposes a regulation or 
prohibition of greater scope or a penalty of greater severity than any 
prohibition or penalty imposed by this Act.
                                 <all>