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Child Handgun Injury Prevention Act (Introduced in the House)
Josey1
Member Posts: 9,598 ✭✭
This bill would require gun makers to RECALL all weapons without integrated safety locks.Contact your U.S. Reps to oppose this bill. http://capwiz.com/gunowners/dbq/officials
Child Handgun Injury Prevention Act (Introduced in the House)HR 1014 IH 107th CONGRESS1st SessionH. R. 1014To prevent children from injuring themselves with handguns. IN THE HOUSE OF REPRESENTATIVESMarch 14, 2001Ms. CARSON of Indiana introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and 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 BILLTo 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 deaths. 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 intendedto 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:s,d49 Insert h1014.001 `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 opportunityfor 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. http://thomas.loc.gov/cgi-bin/query/z?c107:H.R.1014:
Child Handgun Injury Prevention Act (Introduced in the House)HR 1014 IH 107th CONGRESS1st SessionH. R. 1014To prevent children from injuring themselves with handguns. IN THE HOUSE OF REPRESENTATIVESMarch 14, 2001Ms. CARSON of Indiana introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and 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 BILLTo 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 deaths. 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 intendedto 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:s,d49 Insert h1014.001 `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 opportunityfor 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. http://thomas.loc.gov/cgi-bin/query/z?c107:H.R.1014: