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108th CONGRESS
1st Session
H. R. 2403
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
June 10, 2003
Mr. Kennedy of Rhode Island (for himself, Mr. Frank of Massachusetts,
Mr. Meehan, Ms. Norton, Mr. Langevin, Mr. Lantos, Ms. Solis, Mr. Towns,
and Mr. Van Hollen) 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 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.
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
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