Child Handgun Injury Prevention Act - Directs the Secretary of the Treasury to prescribe such regulations governing the design, manufacture, and performance of, and commerce in, handgun discharge protection products as are necessary to reduce or prevent unreasonable risk of injury to children from the unintentional discharge of handguns. Requires that such regulations, at a minimum, set forth a minimum safety standard that such a product must meet in order to be manufactured, sold, transferred, or delivered consistent with this Act.
Directs the Secretary, in developing the standard, to: (1) give appropriate consideration to products that are not detachable, but are permanently installed and incorporated into the design of a handgun; and (2) consider using test protocols relating to poison prevention packaging standards. Requires the standard to ensure that any product that meets the standard is of adequate quality and construction to prevent children from operating a handgun, and that such product cannot be removed except through the use of a key, combination, or other method of access made possible by the manufacturer.
(Sec. 4) Authorizes the Secretary to issue an order: (1) prohibiting the manufacture, sale, transfer, or delivery of a product which the Secretary finds has been designed, or has been or is intended to be manufactured, transferred, or distributed, in violation of this Act; and (2) requiring the manufacturer of, and any dealer in, a product which the Secretary finds to violate such provision to provide notice of the risks associated with the product; to bring the product into conformity with regulations prescribed by this Act; to repair, replace, refund the purchase price of, or recall, the product; or to submit to the Secretary a satisfactory plan for implementation of any such action.
Authorizes the Secretary, at reasonable times in order to ascertain compliance, to: (1) enter any place in which products are manufactured, stored, or held, for distribution in commerce, and inspect those areas; and (2) enter and inspect any conveyance being used to transport a product for commercial purposes.
(Sec. 5) Prohibits: (1) a licensed manufacturer or importer from selling, transferring, or delivering to any person any handgun without a product that meets the standard; and (2) a licensed dealer from selling, transferring, or delivering to any person any handgun without the product supplied to the dealer by the licensed manufacturer or importer. Makes exceptions for Federal, state, and local governments.
(Sec. 6) Prohibits a licensed manufacturer, importer, or dealer from selling, transferring, or delivering a handgun: (1) with accompanying packaging or other descriptive materials without a specified warning label regarding the consequences of child operation of, child access to, and storage of, handguns; and (2) without accompanying packaging or other descriptive materials unless the label described is affixed to the handgun by a method to be prescribed by the Secretary.
(Sec. 7) Sets forth reporting requirements.
(Sec. 8) Authorizes the Secretary to assess civil penalties, and to revoke a Federal firearms license, under specified circumstances. Creates a private right of action for damages by persons aggrieved by a violation of this Act. Sets forth criminal penalties for violations.
(Sec. 9) Allows State law to afford greater protection to children regarding handguns than is afforded by this Act.
[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[H.R. 515 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 515
To prevent children from injuring themselves with handguns.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 3, 1999
Ms. Carson (for herself, Ms. Jackson-Lee of Texas, Mr. Brady of
Pennsylvania, Mr. Stark, Mr. Moran of Virginia, Ms. Kilpatrick, Mr.
Luther, Mr. Berman, Mr. Sherman, Mr. Wexler, Mrs. Christian-
Christensen, Mr. Nadler, Mr. Lewis of Georgia, Mr. Ford, Ms. Millender-
McDonald, Mr. McGovern, Mr. LaFalce, Mr. Clay, Ms. DeGette, Mrs. Jones
of Ohio, Mr. Lantos, Mrs. Clayton, Ms. Pelosi, Mr. Davis of Illinois,
Ms. Schakowsky, Mr. George Miller of California, and Mr. Abercrombie)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Commerce, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To prevent children from injuring themselves with handguns.
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 ``Child Handgun Injury Prevention
Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) In the 10 years from 1987 through 1996, nearly 2,200
children in the United States who were 14 years of age or
younger died from unintentional shootings, and in 1996 alone,
138 children were shot and killed unintentionally, which is an
average of 11 children every month, or 1 child every third day,
according to the National Center for Health Statistics.
(2) The United States leads the industrialized world in the
rates of children lost to unintentional firearms-related death.
A 1997 study from the Centers for Disease Control and
Prevention found that for unintentional firearms-related deaths
for children under the age of 15, the rate in the United States
was 9 times greater than in 25 other industrialized countries
combined.
(3) While the number of unintentional deaths from firearms
is an unacceptable toll on the children of the United States,
nearly 8 times that number are treated annually in hospital
emergency rooms in the United States for nonfatal unintentional
gunshot wounds, according to an article in the June 12, 1996,
issue of the Journal of the American Medical Association.
(4) In the June 12, 1987, issue of the Journal of the
American Medical Association, a study of unintentional firearms
deaths among children in California found that unintentional
gunshot wounds most often involve handguns.
(5) A study in the December 1995 issue of the Archives of
Pediatric and Adolescent Medicine found that children as young
as 3 years old are strong enough to fire most commercially
available handguns. The study found that 25 percent of 3- to 4-
year-olds and 70 percent of 5- to 6-year-olds had sufficient
finger strength to fire 59 (or 92 percent) of the 64 commonly
available handguns examined in the study.
(6) Currently, firearms are the only products manufactured
in the United States that are not subject to minimum safety
standards.
(7) A 1997 public opinion poll conducted by the National
Opinion Research Center at the University of Chicago in
conjunction with the Johns Hopkins Center for Gun Policy and
Research found that 74 percent of the people of the United
States support safety regulation of the firearms industry.
(8) Firearms, their component parts, and safety locks
designed to prevent firearms from accidentally discharging, all
move in interstate commerce.
(9) Many currently available trigger locks and other
similar devices are inadequate to prevent the accidental
discharge of the firearms to which they are attached, or to
prevent children from gaining access to the firearms.
SEC. 3. REGULATION OF HANDGUN DISCHARGE PROTECTION PRODUCTS.
(a) General Authority.--The Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall prescribe such regulations
governing the design, manufacture, and performance of, and commerce in,
handgun discharge protection products, as are necessary to reduce or
prevent unreasonable risk of injury to children from the unintentional
discharge of handguns.
(b) Minimum Safety Standard.--The regulations required by
subsection (a) shall, at a minimum, set forth a minimum safety standard
that a handgun discharge protection product must meet in order to be
manufactured, sold, transferred, or delivered consistent with this Act.
In developing the standard, the Secretary shall give appropriate
consideration to handgun discharge protection products that are not
detachable, but are permanently installed and incorporated into the
design of a handgun. The standard shall include provisions to ensure
that any handgun discharge protection product that meets the standard
is of adequate quality and construction to prevent children from
operating a handgun, and to ensure that such a product cannot be
removed from a handgun except through the use of a key, combination, or
other method of access made possible by the manufacturer of the
product.
(c) Use of Poison Packaging Prevention Standards Test Protocols.--
In developing the standard required by subsection (b), the Secretary
shall consider using test protocols described in section 1700.20 of
title 16, Code of Federal Regulations, (in effect as of January 1,
1998), related to poison prevention packaging standards.
(d) Deadline for Issuance of Standard.--Within 12 months after the
date of the enactment of this Act, the Secretary shall issue in final
form the standard required by subsection (b).
(e) Effective Date of Standard.--The standard issued under
subsection (b) shall take effect 6 months after the date of issuance.
SEC. 4. ORDERS; INSPECTIONS.
(a) In General.--The Secretary may issue an order prohibiting the
manufacture, sale, transfer, or delivery of a handgun discharge
protection product which the Secretary finds has been designed, or has
been or is intended to be manufactured, transferred, or distributed in
violation of this Act or a regulation prescribed under this Act.
(b) Authority To Require the Recall, Repair, or Replacement of, or
the Provision of Refunds.--The Secretary may issue an order requiring
the manufacturer of, and any dealer in, a handgun discharge protection
product which the Secretary finds has been designed, manufactured,
transferred, or delivered in violation of this Act or a regulation
prescribed under this Act, 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 such 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 Secretary a satisfactory plan for
implementation of any action required under this subsection.
(c) Inspections.--In order to ascertain compliance with this Act
and the regulations and orders issued under this Act, the Secretary
may, at reasonable times--
(1) enter any place in which handgun discharge protection
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 for commercial purposes a handgun discharge
protection product.
SEC. 5. UNLAWFUL ACTS.
(a) In General.--Beginning 30 days after a final standard issued
under section 3(b) takes effect, it shall be unlawful--
(1) for any licensed manufacturer or licensed importer to
sell, transfer, or deliver to any person any handgun without a
handgun discharge protection product that meets the standard;
and
(2) for any licensed dealer to sell, transfer, or deliver
to any person any handgun without the handgun discharge
protection product supplied to the dealer by the licensed
manufacturer or importer.
(b) Exception.--Subsection (a) shall not apply to the sale,
transfer, or delivery of a handgun to a department or agency of the
Federal Government or of any State government or political subdivision
of a State.
SEC. 6. WARNING LABELS FOR HANDGUNS.
(a) Inclusion of Warning Labels In Handgun Packaging.--
(1) In general.--A licensed manufacturer, licensed
importer, or licensed dealer shall not sell, transfer, or
deliver a handgun with accompanying packaging or other
descriptive materials, unless the warning label described in
paragraph (2) is displayed on the principal display panel of
the packaging and on the materials.
(2) Warning label.--
(A) Content.--The warning label referred to in
paragraph (1) is a label that, in conspicuous and
legible type, contains the following statement:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
``Children are attracted to and can operate handguns, which can
cause severe injuries or death.
``Prevent child access by always keeping handguns locked away and
unloaded.''.
(B) Appearance.--The statement required by
subparagraph (A) shall, by typography, layout, or
color, be in contrast with other printed matter on the
package or descriptive materials, in a manner similar
to that described in section 1500.121 of title 16, Code
of Federal Regulations (in effect as of January 1,
1998).
(b) Affixation of Warning Label to Handgun Transferred Without
Packaging.--A licensed manufacturer, licensed importer, or licensed
dealer shall not sell, transfer, or deliver a handgun without
accompanying packaging or other descriptive materials, unless the label
described in subsection (a)(2)(A) is affixed to the handgun by a method
to be prescribed by rule by the Secretary.
(c) Effective Date.--This section shall take effect 60 days after
the date of the enactment of this Act.
SEC. 7. REPORTING REQUIREMENTS.
Each licensed manufacturer, licensed importer, and licensed dealer
shall report to the Secretary any information obtained by the
manufacturer, importer, or dealer which reasonably supports the
conclusion that--
(1) a child has suffered an unintentional or self-inflicted
gunshot wound inflicted through the use of a handgun that was
sold, transferred, or delivered by the manufacturer, importer,
or dealer after the effective date of this Act; and
(2) as a result, the individual died, suffered serious
injury, or was treated for an injury by a medical professional.
SEC. 8. ENFORCEMENT.
(a) Civil Penalties.--The Secretary may assess a civil money
penalty not to exceed $10,000 for each violation of this Act.
(b) Revocation of Federal Firearms License.--Section 923(e) of
title 18, United States Code, is amended by inserting after the 2nd
sentence the following: ``The Secretary may, after notice and
opportunity for hearing, revoke any license issued under this section
if the holder of the license violates any provision of the Child
Handgun Injury Prevention Act or any rule or regulation prescribed
under such Act.''.
(c) Private Cause of Action.--
(1) 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
subsection, the court, in its discretion, may award to a
prevailing plaintiff a reasonable attorney's fee as part of the
costs.
(2) Rule of interpretation.--The remedy provided for in
paragraph (1) shall be in addition to any other remedy provided
by common law or under Federal or State law.
(d) 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
subsection, the court, in its discretion, may award to a prevailing
plaintiff a reasonable attorney's fee as part of the costs.
(e) Effect on Private Remedies.--
(1) 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.
(2) Irrelevancy of failure to take action under this act.--
The failure of the Secretary 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.
(f) Criminal Penalties.--Any person who has received from the
Secretary a notice that the person has violated a provision of this Act
or of a regulation prescribed under this Act with respect to a handgun
discharge protection product, and who subsequently knowingly violates
such provision with respect to the product shall be fined under title
18, United States Code, imprisoned not more than 2 years, or both.
SEC. 9. NO EFFECT ON STATE LAW.
This Act does not annul, alter, impair, or affect, or exempt any
person subject to the provisions of this Act from complying with, any
provision of the law of any State or any political subdivision thereof,
except to the extent that such provisions of State law are inconsistent
with any provision of this Act, and then only to the extent of the
inconsistency. A provision of State law is not inconsistent with this
Act if such provision affords greater protection to children in respect
of handguns than is afforded by this Act.
SEC. 10. DEFINITIONS.
In this Act:
(1) The term ``handgun discharge protection product'' means
any device (including a handgun) that is designed,
manufactured, or represented in commerce, as useful in
protecting children from injury from the unintentional
discharge of a handgun.
(2) The term ``children'' means individuals who have not
attained 18 years of age.
(3) The terms ``licensed importer'', ``licensed
manufacturer'', ``licensed dealer'', ``Secretary'', and
``handgun'' have the meanings given in paragraphs (9), (10),
(11), (18), and (29), respectively, of section 921(a) of title
18, United States Code.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.
Sponsor introductory remarks on measure. (CR H3002)
Sponsor introductory remarks on measure. (CR H611)
Sponsor introductory remarks on measure. (CR H1176)
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