[Congressional Record Volume 145, Number 74 (Thursday, May 20, 1999)]
[Senate]
[Pages S5763-S5764]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REED:
  S. 1101. A bill to provide for tort liability of firearms dealers who 
transfer firearms in violation of Federal firearms law; to the 
Committee on the Judiciary.


                 gun dealer responsibility act of 1999

  Mr. REED. Mr. President, I rise today to introduce legislation to 
help turn the tide of gun violence by requiring greater responsibility 
from those in the business of selling weapons.
  Currently, there are over 104,000 federally licensed firearms dealers 
in the United States. While most of these dealers are responsible small 
business people, recent tracing of crime-related guns by the Bureau of 
Alcohol, Tobacco and Firearms (ATF) has found substantial evidence that 
some dealers are selling guns to minors, convicted felons, and others 
who are prohibited by federal law from purchasing firearms. This direct 
diversion of weapons from retail to illegal markets is taking place 
both through off-the-book sales

[[Page S5764]]

by corrupt dealers and through so-called straw purchases, when an 
ineligible buyer has a friend or relative buy a firearm for him.
  While federal law already prohibits a person from transferring a 
firearm when a person knows that the gun will be used to commit a 
crime, it is very difficult for victims of gun violence to seek legal 
redress from gun dealers who sell guns to those prohibited from buying 
firearms. There is very little case law and no federal law giving 
victims of gun violence the right to sue gun dealers who make illegal 
gun sales.
  To remedy this situation, my legislation, the Gun Dealer 
Responsibility Act, would provide a statutory cause of action for 
victims of gun violence against dealers whose illegal sale of a gun 
directly contributes to the victim's injury.
  I believe this legislation will make unscrupulous gun dealers think 
twice about selling weapons to minors, convicted felons, or any other 
ineligible buyer, either directly or through straw purchases.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1101

       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 ``Gun Dealer Responsibility 
     Act of 1999''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Dealer.--The term ``dealer'' has the meaning given such 
     term in section 921(a)(11) of title 18, United States Code.
       (2) Firearm.--The term ``firearm'' has the meaning given 
     such term in section 921(a)(3) of title 18, United States 
     Code.
       (3) Law enforcement officer.--The term ``law enforcement 
     officer'' means any officer, agent, or employee of the United 
     States, or of a State or political subdivision thereof, who 
     is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of any 
     violation of law.

     SEC. 3. CAUSE OF ACTION; FEDERAL JURISDICTION.

       Any person suffering bodily injury as a result of the 
     discharge of a firearm (or, in the case of a person who is 
     incapacitated or deceased, any person entitled to bring an 
     action on behalf of that person or the estate of that person) 
     may bring an action in any United States district court 
     against any dealer who transferred the firearm to any person 
     in violation of chapter 44 of title 18, United States Code, 
     for damages and such other relief as the court deems 
     appropriate. In any action under this section, the court 
     shall allow a prevailing plaintiff a reasonable attorney's 
     fee as part of the costs.

     SEC. 4. LIABILITY.

       (a) In General.--Except as provided in subsection (b) of 
     this section, the defendant in an action brought under 
     section 3 shall be held liable in tort, without regard to 
     fault or proof of defect, for all direct and consequential 
     damages that arise from bodily injury or death proximately 
     resulting from the illegal sale of a firearm if it is 
     established by a preponderance of the evidence that the 
     defendant transferred the firearm to any person in violation 
     of chapter 44 of title 18, United States Code.
       (b) Defenses.--
       (1) Injury while committing a felony.--There shall be no 
     liability under subsection (a) if it is established by a 
     preponderance of the evidence that the plaintiff suffered the 
     injury while committing a crime punishable by imprisonment 
     for a term exceeding 1 year.
       (2) Injury by law enforcement officer.--There shall be no 
     liability under subsection (a) if it is established by a 
     preponderance of the evidence that the injury was suffered as 
     a result of the discharge, by a law enforcement officer in 
     the performance of official duties, of a firearm issued by 
     the United States (or any department or agency thereof) or 
     any State (or department, agency, or political subdivision 
     thereof).

     SEC. 5. NO EFFECT ON OTHER CAUSES OF ACTION.

       This Act shall not be construed to limit the scope of any 
     other cause of action available to a person injured as a 
     result of the discharge of a firearm.

     SEC. 6. APPLICABILITY.

       This Act applies to any--
       (1) firearm transferred before, on, or after the date of 
     enactment of this Act; and
       (2) bodily injury or death occurring after such date of 
     enactment.

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