Second Amendment Preservation Act of 1999 - Amends the Federal criminal code to limit amounts paid in plaintiff's attorney's fees for settlement or adjudication of a civil action brought to curtail the sale or availability of firearms for legal purposes to the lesser of: (1) $150 per hour for each hour spent productively, plus actual expenses incurred by the attorney in connection with the action; or (2) ten percent of the amount that the plaintiff receives under the action.
Directs the court, if it finds that the defendant in such an action is not wholly or primarily liable for the damages sought, to require the plaintiff to reimburse the defendant for reasonable attorney's fees and court costs incurred in litigating the action, unless the court finds that special circumstances make such reimbursement unjust.
Provides that any court decision that the Constitution does not confer on Congress the power to enact this Act shall be directly appealable to the Supreme Court.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 954 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 954
To amend title 18, United States Code, to protect citizens' rights
under the Second Amendment to obtain firearms for legal use, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 1999
Mr. Smith of New Hampshire introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to protect citizens' rights
under the Second Amendment to obtain firearms for legal use, and for
other purposes.
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 ``Second Amendment Preservation Act of
1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) a number of State and local governments have commenced
civil actions, or are considering commencing civil actions,
against manufacturers, importers, and dealers of firearms based
on the unlawful use of the firearms by a purchaser or other
person;
(2) in at least some cases, the intent in bringing the
action is to subject manufacturers, importers, and dealers to
legal costs that are so onerous that the manufacturers,
importers, and dealers may not be able to defend themselves, or
indeed be able to remain in business;
(3) a majority of manufacturers, importers, and dealers of
firearms are small, privately owned businesses that cannot
afford to bear the legal costs of defending themselves in a
large number of judicial forums;
(4) compared to most manufacturers, importers, and dealers
of firearms, States and local governments are large and
relatively wealthy entities that are able to spend large
amounts of taxpayers' dollars on a war of attrition with small
businesses;
(5) fairness requires that--
(A) a unit of government that undertakes an
unsuccessful ``fishing expedition'' against a firearm
manufacturer, importer, or dealer bear the cost of
defending against its frivolous and unwarranted civil
action; and
(B) taxpayers not be required to pay millions of
dollars to wealthy attorneys, out of awards that are
intended, at least in part, to benefit the victims of
crime;
(6) the Second Amendment to the Constitution requires that
Congress respond to actions that are intended to, and that
would have the effect of, nullifying that provision of the Bill
of Rights;
(7) Congress has power under the Second Amendment and under
the Commerce Clause to take appropriate action to protect the
right of citizens to obtain and own firearms; and
(8) one appropriate action that Congress may take is to
provide protection from excessive and unwarranted legal fees.
SEC. 3. RULES GOVERNING ACTIONS BROUGHT TO CURTAIL THE SALE OR
AVAILABILITY OF FIREARMS FOR LEGAL PURPOSES.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 926B. Rules governing actions brought to curtail the sale or
availability of firearms for legal purposes
``(a) Definitions.--In this section, the term `action brought to
curtail the sale or availability of firearms for legal purposes' means
a civil action brought in Federal or State court that--
``(1) has as a defendant a firearms manufacturer, importer,
or dealer in firearms;
``(2) expressly or by implication requests actual damages,
punitive damages, or any other form of damages in excess of the
lesser of--
``(A) $1,000,000; or
``(B) 50 percent of the net assets of any such
defendant; and
``(3) seeks, in whole or in part, to hold a firearms
manufacturer, importer, or dealer liable for damages caused by
the unlawful or tortious use of a firearm by a person not
employed by or affiliated with the manufacturer, dealer, or
importer.
``(b) Limitation on Attorney's Fees Awarded to Plaintiff.--In a
civil action brought to curtail the sale or availability of firearms
for legal purposes, notwithstanding any other provision of law or any
agreement between any persons to the contrary, amounts paid in
plaintiff's attorney's fees in connection with the settlement or
adjudication of the action shall not exceed the lesser of--
``(1) an amount equal to $150 per hour for each hour spent
productively, plus actual expenses incurred by the attorney in
connection with the action; or
``(2) an amount equal to 10 percent of the amount that the
plaintiff receives under the action.
``(c) Attorney's Fees for the Defendant.--In a civil action brought
to curtail the sale or availability of firearms for legal purposes, if
the court finds that the defendant is not wholly or primarily liable
for the damages sought, the court shall require the plaintiff to
reimburse the defendant for reasonable attorney's fees and court costs,
as determined by the court, incurred in litigating the action, unless
the court finds that special circumstances make such a reimbursement
unjust.
``(d) Power of Congress.--If any court renders a decision in an
action brought to curtail the sale or availability of firearms for
legal purposes or in any other proceeding that the Constitution does
not confer on Congress the power to enact this section, the decision
shall be directly appealable as of right to the Supreme Court.''.
(b) Conforming Amendment.--The analysis for chapter 44 of title 18
is amended by inserting after the item relating to section 926A the
following:
``926B. Rules governing actions brought to curtail the sale or
availability of firearms for legal
purposes.''.
(c) Effective Date.--The amendment made by subsection (a)--
(1) takes effect on the date of enactment of this Act; and
(2) applies to any action pending or on appeal on that date
or brought after that date.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4675-4676)
Read twice and referred to the Committee on Judiciary.
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