[109th Congress Public Law 92]
[From the U.S. Government Printing Office]
[DOCID: f:publ092.109]
[[Page 119 STAT. 2095]]
Public Law 109-92
109th Congress
An Act
To prohibit civil liability actions from being brought or continued
against manufacturers, distributors, dealers, or importers of firearms
or ammunition for damages, injunctive or other relief resulting from the
misuse of their products by others. <<NOTE: Oct. 26, 2005 - [S. 397]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Protection of Lawful
Commerce in Arms Act. 15 USC 7901 note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection of Lawful Commerce in Arms
Act''.
SEC. 2. <<NOTE: 15 USC 7901.>> FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Second Amendment to the United States Constitution
provides that the right of the people to keep and bear arms
shall not be infringed.
(2) The Second Amendment to the United States Constitution
protects the rights of individuals, including those who are not
members of a militia or engaged in military service or training,
to keep and bear arms.
(3) Lawsuits have been commenced against manufacturers,
distributors, dealers, and importers of firearms that operate as
designed and intended, which seek money damages and other relief
for the harm caused by the misuse of firearms by third parties,
including criminals.
(4) The manufacture, importation, possession, sale, and use
of firearms and ammunition in the United States are heavily
regulated by Federal, State, and local laws. Such Federal laws
include the Gun Control Act of 1968, the National Firearms Act,
and the Arms Export Control Act.
(5) Businesses in the United States that are engaged in
interstate and foreign commerce through the lawful design,
manufacture, marketing, distribution, importation, or sale to
the public of firearms or ammunition products that have been
shipped or transported in interstate or foreign commerce are
not, and should not, be liable for the harm caused by those who
criminally or unlawfully misuse firearm products or ammunition
products that function as designed and intended.
(6) The possibility of imposing liability on an entire
industry for harm that is solely caused by others is an abuse of
the legal system, erodes public confidence in our Nation's laws,
threatens the diminution of a basic constitutional right and
civil liberty, invites the disassembly and destabilization of
other industries and economic sectors lawfully competing
[[Page 119 STAT. 2096]]
in the free enterprise system of the United States, and
constitutes an unreasonable burden on interstate and foreign
commerce of the United States.
(7) The liability actions commenced or contemplated by the
Federal Government, States, municipalities, and private interest
groups and others are based on theories without foundation in
hundreds of years of the common law and jurisprudence of the
United States and do not represent a bona fide expansion of the
common law. The possible sustaining of these actions by a
maverick judicial officer or petit jury would expand civil
liability in a manner never contemplated by the framers of the
Constitution, by Congress, or by the legislatures of the several
States. Such an expansion of liability would constitute a
deprivation of the rights, privileges, and immunities guaranteed
to a citizen of the United States under the Fourteenth Amendment
to the United States Constitution.
(8) The liability actions commenced or contemplated by the
Federal Government, States, municipalities, private interest
groups and others attempt to use the judicial branch to
circumvent the Legislative branch of government to regulate
interstate and foreign commerce through judgments and judicial
decrees thereby threatening the Separation of Powers doctrine
and weakening and undermining important principles of
federalism, State sovereignty and comity between the sister
States.
(b) Purposes.--The purposes of this Act are as follows:
(1) To prohibit causes of action against manufacturers,
distributors, dealers, and importers of firearms or ammunition
products, and their trade associations, for the harm solely
caused by the criminal or unlawful misuse of firearm products or
ammunition products by others when the product functioned as
designed and intended.
(2) To preserve a citizen's access to a supply of firearms
and ammunition for all lawful purposes, including hunting, self-
defense, collecting, and competitive or recreational shooting.
(3) To guarantee a citizen's rights, privileges, and
immunities, as applied to the States, under the Fourteenth
Amendment to the United States Constitution, pursuant to section
5 of that Amendment.
(4) To prevent the use of such lawsuits to impose
unreasonable burdens on interstate and foreign commerce.
(5) To protect the right, under the First Amendment to the
Constitution, of manufacturers, distributors, dealers, and
importers of firearms or ammunition products, and trade
associations, to speak freely, to assemble peaceably, and to
petition the Government for a redress of their grievances.
(6) To preserve and protect the Separation of Powers
doctrine and important principles of federalism, State
sovereignty and comity between sister States.
(7) To exercise congressional power under article IV,
section 1 (the Full Faith and Credit Clause) of the United
States Constitution.
SEC. 3. <<NOTE: 15 USC 7902.>> PROHIBITION ON BRINGING OF QUALIFIED
CIVIL LIABILITY ACTIONS IN FEDERAL OR STATE COURT.
(a) In General.--A qualified civil liability action may not be
brought in any Federal or State court.
[[Page 119 STAT. 2097]]
(b) Dismissal of Pending Actions.--A qualified civil liability
action that is pending on the date of enactment of this Act shall be
immediately dismissed by the court in which the action was brought or is
currently pending.
SEC. 4. <<NOTE: 15 USC 7903.>> DEFINITIONS.
In this Act:
(1) Engaged in the business.--The term ``engaged in the
business'' has the meaning given that term in section 921(a)(21)
of title 18, United States Code, and, as applied to a seller of
ammunition, means a person who devotes time, attention, and
labor to the sale of ammunition as a regular course of trade or
business with the principal objective of livelihood and profit
through the sale or distribution of ammunition.
(2) Manufacturer.--The term ``manufacturer'' means, with
respect to a qualified product, a person who is engaged in the
business of manufacturing the product in interstate or foreign
commerce and who is licensed to engage in business as such a
manufacturer under chapter 44 of title 18, United States Code.
(3) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity, including any
governmental entity.
(4) Qualified product.--The term ``qualified product'' means
a firearm (as defined in subparagraph (A) or (B) of section
921(a)(3) of title 18, United States Code), including any
antique firearm (as defined in section 921(a)(16) of such
title), or ammunition (as defined in section 921(a)(17)(A) of
such title), or a component part of a firearm or ammunition,
that has been shipped or transported in interstate or foreign
commerce.
(5) Qualified civil liability action.--
(A) In general.--The term ``qualified civil
liability action'' means a civil action or proceeding or
an administrative proceeding brought by any person
against a manufacturer or seller of a qualified product,
or a trade association, for damages, punitive damages,
injunctive or declaratory relief, abatement,
restitution, fines, or penalties, or other relief,
resulting from the criminal or unlawful misuse of a
qualified product by the person or a third party, but
shall not include--
(i) an action brought against a transferor
convicted under section 924(h) of title 18, United
States Code, or a comparable or identical State
felony law, by a party directly harmed by the
conduct of which the transferee is so convicted;
(ii) an action brought against a seller for
negligent entrustment or negligence per se;
(iii) an action in which a manufacturer or
seller of a qualified product knowingly violated a
State or Federal statute applicable to the sale or
marketing of the product, and the violation was a
proximate cause of the harm for which relief is
sought, including--
(I) any case in which the
manufacturer or seller knowingly made
any false entry in, or failed to make
appropriate entry in, any record
required
[[Page 119 STAT. 2098]]
to be kept under Federal or State law
with respect to the qualified product,
or aided, abetted, or conspired with any
person in making any false or fictitious
oral or written statement with respect
to any fact material to the lawfulness
of the sale or other disposition of a
qualified product; or
(II) any case in which the
manufacturer or seller aided, abetted,
or conspired with any other person to
sell or otherwise dispose of a qualified
product, knowing, or having reasonable
cause to believe, that the actual buyer
of the qualified product was prohibited
from possessing or receiving a firearm
or ammunition under subsection (g) or
(n) of section 922 of title 18, United
States Code;
(iv) an action for breach of contract or
warranty in connection with the purchase of the
product;
(v) an action for death, physical injuries or
property damage resulting directly from a defect
in design or manufacture of the product, when used
as intended or in a reasonably foreseeable manner,
except that where the discharge of the product was
caused by a volitional act that constituted a
criminal offense, then such act shall be
considered the sole proximate cause of any
resulting death, personal injuries or property
damage; or
(vi) an action or proceeding commenced by the
Attorney General to enforce the provisions of
chapter 44 of title 18 or chapter 53 of title 26,
United States Code.
(B) Negligent entrustment.--As used in subparagraph
(A)(ii), the term ``negligent entrustment'' means the
supplying of a qualified product by a seller for use by
another person when the seller knows, or reasonably
should know, the person to whom the product is supplied
is likely to, and does, use the product in a manner
involving unreasonable risk of physical injury to the
person or others.
(C) Rule of construction.--The exceptions enumerated
under clauses (i) through (v) of subparagraph (A) shall
be construed so as not to be in conflict, and no
provision of this Act shall be construed to create a
public or private cause of action or remedy.
(D) Minor child exception.--Nothing in this Act
shall be construed to limit the right of a person under
17 years of age to recover damages authorized under
Federal or State law in a civil action that meets 1 of
the requirements under clauses (i) through (v) of
subparagraph (A).
(6) Seller.--The term ``seller'' means, with respect to a
qualified product--
(A) an importer (as defined in section 921(a)(9) of
title 18, United States Code) who is engaged in the
business as such an importer in interstate or foreign
commerce and who is licensed to engage in business as
such an importer under chapter 44 of title 18, United
States Code;
(B) a dealer (as defined in section 921(a)(11) of
title 18, United States Code) who is engaged in the
business as such a dealer in interstate or foreign
commerce and
[[Page 119 STAT. 2099]]
who is licensed to engage in business as such a dealer
under chapter 44 of title 18, United States Code; or
(C) a person engaged in the business of selling
ammunition (as defined in section 921(a)(17)(A) of title
18, United States Code) in interstate or foreign
commerce at the wholesale or retail level.
(7) State.--The term ``State'' includes each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands, and
any other territory or possession of the United States, and any
political subdivision of any such place.
(8) Trade association.--The term ``trade association''
means--
(A) any corporation, unincorporated association,
federation, business league, professional or business
organization not organized or operated for profit and no
part of the net earnings of which inures to the benefit
of any private shareholder or individual;
(B) that is an organization described in section
501(c)(6) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code; and
(C) 2 or more members of which are manufacturers or
sellers of a qualified product.
(9) Unlawful misuse.--The term ``unlawful misuse'' means
conduct that violates a statute, ordinance, or regulation as it
relates to the use of a qualified product.
SEC. 5. <<NOTE: Child Safety Lock Act of 2005. 18 USC 921 note.>> CHILD
SAFETY LOCKS.
(a) Short Title.--This section may be cited as the ``Child Safety
Lock Act of 2005''.
(b) <<NOTE: 18 USC 922 note.>> Purposes.--The purposes of this
section are--
(1) to promote the safe storage and use of handguns by
consumers;
(2) to prevent unauthorized persons from gaining access to
or use of a handgun, including children who may not be in
possession of a handgun; and
(3) to avoid hindering industry from supplying firearms to
law abiding citizens for all lawful purposes, including hunting,
self-defense, collecting, and competitive or recreational
shooting.
(c) Firearms Safety.--
(1) Mandatory transfer of secure gun storage or safety
device.--Section 922 of title 18, United States Code, is amended
by inserting at the end the following:
``(z) Secure Gun Storage or Safety Device.--
``(1) In general.--Except as provided under paragraph (2),
it shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver, or transfer
any handgun to any person other than any person licensed under
this chapter, unless the transferee is provided with a secure
gun storage or safety device (as defined in section 921(a)(34))
for that handgun.
``(2) Exceptions.--Paragraph (1) shall not apply to--
``(A)(i) the manufacture for, transfer to, or
possession by, the United States, a department or agency
of the United
[[Page 119 STAT. 2100]]
States, a State, or a department, agency, or political
subdivision of a State, of a handgun; or
``(ii) the transfer to, or possession by, a law
enforcement officer employed by an entity referred to in
clause (i) of a handgun for law enforcement purposes
(whether on or off duty); or
``(B) the transfer to, or possession by, a rail
police officer employed by a rail carrier and certified
or commissioned as a police officer under the laws of a
State of a handgun for purposes of law enforcement
(whether on or off duty);
``(C) the transfer to any person of a handgun listed
as a curio or relic by the Secretary pursuant to section
921(a)(13); or
``(D) the transfer to any person of a handgun for
which a secure gun storage or safety device is
temporarily unavailable for the reasons described in the
exceptions stated in section 923(e), if the licensed
manufacturer, licensed importer, or licensed dealer
delivers to the transferee within 10 calendar days from
the date of the delivery of the handgun to the
transferee a secure gun storage or safety device for the
handgun.
``(3) Liability for use.--
``(A) In general.--Notwithstanding any other
provision of law, a person who has lawful possession and
control of a handgun, and who uses a secure gun storage
or safety device with the handgun, shall be entitled to
immunity from a qualified civil liability action.
``(B) Prospective actions.--A qualified civil
liability action may not be brought in any Federal or
State court.
``(C) Defined term.--As used in this paragraph, the
term `qualified civil liability action'--
``(i) means a civil action brought by any
person against a person described in subparagraph
(A) for damages resulting from the criminal or
unlawful misuse of the handgun by a third party,
if--
``(I) the handgun was accessed by
another person who did not have the
permission or authorization of the
person having lawful possession and
control of the handgun to have access to
it; and
``(II) at the time access was gained
by the person not so authorized, the
handgun had been made inoperable by use
of a secure gun storage or safety
device; and
``(ii) shall not include an action brought
against the person having lawful possession and
control of the handgun for negligent entrustment
or negligence per se.''.
(2) Civil penalties.--Section 924 of title 18, United States
Code, is amended--
(A) in subsection (a)(1), by striking ``or (f)'' and
inserting ``(f), or (p)''; and
(B) by adding at the end the following:
``(p) Penalties Relating To Secure Gun Storage or Safety Device.--
``(1) In general.--
[[Page 119 STAT. 2101]]
``(A) Suspension or revocation of license; civil
penalties.--With respect to each violation of section
922(z)(1) by a licensed manufacturer, licensed importer,
or licensed dealer, the Secretary may, after notice and
opportunity for hearing--
``(i) suspend for not more than 6 months, or
revoke, the license issued to the licensee under
this chapter that was used to conduct the firearms
transfer; or
``(ii) subject the licensee to a civil penalty
in an amount equal to not more than $2,500.
``(B) Review.--An action of the Secretary under this
paragraph may be reviewed only as provided under section
923(f).
``(2) Administrative remedies.--The suspension or revocation
of a license or the imposition of a civil penalty under
paragraph (1) shall not preclude any administrative remedy that
is otherwise available to the Secretary.''.
(3) <<NOTE: 18 USC 922 note.>> Liability; evidence.--
(A) Liability.--Nothing in this section shall be
construed to--
(i) create a cause of action against any
Federal firearms licensee or any other person for
any civil liability; or
(ii) establish any standard of care.
(B) Evidence.--Notwithstanding any other provision
of law, evidence regarding compliance or noncompliance
with the amendments made by this section shall not be
admissible as evidence in any proceeding of any court,
agency, board, or other entity, except with respect to
an action relating to section 922(z) of title 18, United
States Code, as added by this subsection.
(C) Rule of construction.--Nothing in this paragraph
shall be construed to bar a governmental action to
impose a penalty under section 924(p) of title 18,
United States Code, for a failure to comply with section
922(z) of that title.
(d) <<NOTE: 18 USC 922 note.>> Effective Date.--This section and the
amendments made by this section shall take effect 180 days after the
date of enactment of this Act.
SEC. 6. ARMOR PIERCING AMMUNITION.
(a) Unlawful Acts.--Section 922(a) of title 18, United States Code,
is amended by striking paragraphs (7) and (8) and inserting the
following:
``(7) for any person to manufacture or import armor piercing
ammunition, unless--
``(A) the manufacture of such ammunition is for the
use of the United States, any department or agency of
the United States, any State, or any department, agency,
or political subdivision of a State;
``(B) the manufacture of such ammunition is for the
purpose of exportation; or
``(C) the manufacture or importation of such
ammunition is for the purpose of testing or
experimentation and has been authorized by the Attorney
General;
``(8) for any manufacturer or importer to sell or deliver
armor piercing ammunition, unless such sale or delivery--
[[Page 119 STAT. 2102]]
``(A) is for the use of the United States, any
department or agency of the United States, any State, or
any department, agency, or political subdivision of a
State;
``(B) is for the purpose of exportation; or
``(C) is for the purpose of testing or
experimentation and has been authorized by the Attorney
General;''.
(b) Penalties.--Section 924(c) of title 18, United States Code, is
amended by adding at the end the following:
``(5) Except to the extent that a greater minimum sentence is
otherwise provided under this subsection, or by any other provision of
law, any person who, during and in relation to any crime of violence or
drug trafficking crime (including a crime of violence or drug
trafficking crime that provides for an enhanced punishment if committed
by the use of a deadly or dangerous weapon or device) for which the
person may be prosecuted in a court of the United States, uses or
carries armor piercing ammunition, or who, in furtherance of any such
crime, possesses armor piercing ammunition, shall, in addition to the
punishment provided for such crime of violence or drug trafficking crime
or conviction under this section--
``(A) be sentenced to a term of imprisonment of not less
than 15 years; and
``(B) if death results from the use of such ammunition--
``(i) if the killing is murder (as defined in
section 1111), be punished by death or sentenced to a
term of imprisonment for any term of years or for life;
and
``(ii) if the killing is manslaughter (as defined in
section 1112), be punished as provided in section
1112.''.
(c) Study and Report.--
(1) Study.--The Attorney General shall conduct a study to
determine whether a uniform standard for the testing of
projectiles against Body Armor is feasible.
(2) Issues to be studied.--The study conducted under
paragraph (1) shall include--
(A) variations in performance that are related to
the length of the barrel of the handgun or center-fire
rifle from which the projectile is fired; and
(B) the amount of powder used to propel the
projectile.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Attorney General shall submit a
report containing the results of the study conducted under this
subsection to--
(A) the chairman and ranking member of the Committee
on the Judiciary of the Senate; and
[[Page 119 STAT. 2103]]
(B) the chairman and ranking member of the Committee
on the Judiciary of the House of Representatives.
Approved October 26, 2005.
LEGISLATIVE HISTORY--S. 397:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
July 27-29, considered and passed Senate.
Oct. 20, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
Oct. 26, Presidential statement.
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