[Congressional Record Volume 149, Number 84 (Tuesday, June 10, 2003)]
[Senate]
[Pages S7630-S7633]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORZINE (for himself and Mr. Lautenberg):
  S. 1224. 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; to the Committee on 
the Judiciary.
  Mr. CORZINE. Mr. President, I rise today to introduce the Firearms 
Safety and Consumer Protection Act of 2003, legislation to protect gun 
owners and the public by establishing safety standards for firearms 
such as those currently in place for other consumer products.
  Because of a loophole in current law, firearms are virtually the only 
consumer product not subject to any Federal health and safety 
standards. Yet firearms are the second leading cause of product-related 
death in America. In 2000 alone, 28,663 Americans died by gunfire and 
nearly twice that number were treated in emergency rooms for non-fatal 
gunshot injuries.
  Of course, all firearms are lethal. But many guns are much more 
dangerous than they have to be. First, many firearms are manufactured 
poorly or with components of inadequate quality. These guns can pose a 
severe threat to gun owners, as well as members of the public. For 
example, one firearm manufacturer settled a class action suit for more 
than $31 million in 1995, and thereafter improved the quality of their 
guns, after gun owners alleged that their firearms were produced from 
steel that was too weak, and thus prone to explode.
  Unfortunately, the lack of safety standards in current law means that 
many defective firearms remain in circulation, with the government 
largely unable to do anything about it. We cannot recall such firearms. 
We cannot require that warning labels be attached to them. We can do 
very little to protect gun owners and the public from the threat they 
pose.
  Beyond the need to better regulate firearms that are manufactured 
defectively, we also need to do more to ensure that firearms are 
designed properly, with features that reduce unreasonable risks. 
Unfortunately, too many firearms lack readily available features that 
could make them much less likely to be involved in an accident. For 
example, many guns lack so-called magazine disconnects, which disable a 
firearm when its magazine is removed. This feature could prevent many 
accidental deaths caused when a firearm user, seeing that the magazine 
has been removed, wrongly concludes that a gun is not loaded. Along the 
same lines, too few firearms include a load indicator, which allows an 
individual to readily see whether the gun is loaded. Both of these 
features would address the most common scenario for unintentional 
shootings, which involves a person who does not realize that there is 
still a round in a gun's chamber.
  By regulating the manufacture and design of firearms, we can 
significantly reduce the number of accidental shootings, and the 
serious injuries and deaths they cause. However, better safety 
regulation also holds the promise of reducing the number of deaths from 
homicides and suicides.
  In recent years, firearm manufacturers have taken a number of steps 
to make firearms more likely to be used in crimes, and more deadly if 
they are. For example, many guns are being produced in a manner that 
makes them readily concealable, and thus more attractive to criminals. 
In addition, many manufacturers have increased the number of rounds 
that a gun can fire without reloading, and have increased the size of 
their ammunition, making the firearms far more lethal.
  Given the threat posed by unreasonably dangerous firearms to gun 
owners and the general public, there is no excuse for exempting 
firearms from health and safety standards applicable to most other 
consumer products. In fact, there is evidence that the public would 
support such regulation. A 1999 National Opinion Research Center survey 
found that two-thirds of Americans want the Federal Government to 
regulate the safety design of guns.
  The Firearms Safety and Consumer Protection Act would do just that. 
The bill would give the Department of Justice the authority to: set 
minimum safety standards for the manufacture, design and distribution 
of firearms; issue recalls and warnings; collect data on gun-related 
death and injury; and limit the sale of products when no other remedy 
is sufficient. It is important to emphasize that the bill would not 
limit the public's access to guns for hunting and other legitimate 
sporting purposes.
  More than 120 national, state and local organizations support this 
bill, including: the American Academy of Pediatrics, American Bar 
Association, American Jewish Congress, American Public Health 
Association, Brady Campaign to Prevent Gun Violence, Coalition to Stop 
Gun Violence, Consumer Federation of America, the NAACP, National 
Coalition Against Domestic Violence, United Church of Christ Justice 
and Witness Ministries, and the Violence Policy Center.
  There simply is no reason to maintain the existing loophole that 
exempts firearms from basic health and safety protections. This 
loophole is creating a serious public safety problem, especially for 
gun owners themselves.
  In conclusion, I hope my colleagues will consider this: under current 
law, the safety of toy guns is regulated. The safety of real guns is 
not. Even if my colleagues in the Senate cannot agree on much else when 
it comes to guns, surely we should all agree that this makes no sense.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1224

       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 2003''.
       (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.

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                         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 to--
       (1) protect the public against unreasonable risk of injury 
     and death associated with firearms and related products;
       (2) develop safety standards for firearms and related 
     products;
       (3) assist consumers in evaluating the comparative safety 
     of firearms and related products;
       (4) promote research and investigation into the causes and 
     prevention of firearm-related deaths and injuries; and
       (5) 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) Imminently hazardous firearm product.--The term 
     ``imminently hazardous firearm product'' means any firearm 
     product with respect to which the Attorney General determines 
     that--
       (A) the product poses an unreasonable risk of injury to the 
     public; and
       (B) time is of the essence in protecting the public from 
     the risks posed by the product.
       (7) 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.
       (8) Qualified firearm product defined.--The term 
     ``qualified firearm product'' means a firearm product--
       (A) that--
       (i) is being transported;
       (ii) having been transported, remains unsold;
       (iii) is sold or offered for sale; or
       (iv) is imported or is to be exported; and
       (B) that--
       (i) 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.
       (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 is located prominently in conspicuous and legible type 
     in contrast by typography, layout, or color with other 
     printed matter on the label and that contains--
       (1) the name and address of the manufacturer of the 
     product;
       (2) the name and address of any importer of the product;
       (3) the model number of the product and the date the 
     product was manufactured;

[[Page S7632]]

       (4) a specification of the regulations prescribed under 
     this Act that apply to the product; and
       (5) the certificate required by subsection (a)(3) with 
     respect to the product.
       (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) After 5-year period.--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.--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.

     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) 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).
       (c) Venue.--An action under subsection (a) 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.

       (a) In General.--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.
       (b) Attorney's Fee.--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.

[[Page S7633]]

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