To provide a private right of action against the maker of any component of a ghost gun, and any person who facilitated a sale o...
Officially: “To provide a private right of action against the maker of any component of a ghost gun, and any person who facilitated a sale of the ghost gun, for injury or death resulting from the use of the ghost gun.” Read the full text
What it does
Read it in plain language
1Private right of action
This section would let three kinds of people or entities sue over harm caused by a ghost gun used in or affecting interstate or foreign commerce: a person who is injured by the ghost gun, any family member of a person killed by the ghost gun, and the State and the local government (political subdivision) where the injury or death happened. The lawsuit would be filed in the federal district court for the district where the injury or death occurred. It could be brought against the maker of any component of the ghost gun and against any person who helped arrange (facilitated) a sale of the ghost gun. A plaintiff who wins could be awarded damages, including consequential damages, in whatever amount the court decides is appropriate. The section also creates two affirmative defenses a defendant could raise in such a lawsuit. First, a defendant would not be liable if the injury or death was caused by an individual acting in defense against a reasonably perceived imminent threat to the safety of an individual not engaged in a violation of criminal law. Second, a defendant would not be liable if the injury or death was caused by a law enforcement officer responding to a threat to public safety that the officer reasonably believed was about to happen. The section defines a 'ghost gun' as a firearm that lacks a unique serial number engraved or cast onto its frame or receiver by a licensed manufacturer or licensed importer, as existing federal law (18 U.S.C. 923(i)) requires, and the definition also covers any set of parts designed or intended to be assembled into a firearm or used to convert another device into a firearm. The terms 'firearm,' 'licensed manufacturer,' and 'licensed importer' would keep the same meanings they already have under existing federal law (18 U.S.C. 921(a)).
Show official text
1. Private right of action (a) In general An individual who is injured, and any member of the family of an individual who is killed, by use of a ghost gun in or affecting interstate or foreign commerce, and the State and the political subdivision of the State in which the injury or death occurs, may bring an action in the United States district court for the judicial district in which the injury or death occurs against the maker of any component of the ghost gun or any person who facilitated any sale of the ghost gun, for damages resulting from the injury or death. The court may award a plaintiff prevailing in such an action such damages, including consequential damages, as the court deems appropriate. (b) Affirmative defenses In an action brought under subsection (a), it shall be an affirmative defense that the injury or death was caused by conduct of— (1) an individual in defense against a reasonably perceived imminent threat to the safety of an individual not engaged in a violation of criminal law; or (2) a law enforcement officer in response to a reasonably perceived imminent threat to public safety. (c) Definitions In this section: (1) Ghost gun The term ghost gun means a firearm that lacks a unique serial number engraved or cast on the frame or receiver of the firearm by a licensed manufacturer or licensed importer in accordance with section 923(i) of title 18, United States Code, and includes any combination of parts designed or intended to be assembled, or to be used in converting a device, into a firearm. (2) Other terms The terms firearm , licensed manufacturer , and licensed importer have the meanings given the terms, respectively, in section 921(a) of title 18, United States Code.
Where it is
In the House.