SA 2622. Mr. KOHL proposed an amendment to amendment SA 2620 submitted by Mrs. BOXER to the bill S.
[Page: S1697] GPO's PDF 1805, to prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages resulting from the misuse of their products by others; as follows:
In lieu of the matter proposed to be inserted, insert the following:
TITLE II--CHILD SAFETY LOCKS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Child Safety Lock Act of 2004''.
SEC. 202. PURPOSES.
The purposes of this title 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.
SEC. 203. FIREARMS SAFETY.
(a) UNLAWFUL ACTS.--
(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 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.''.
(b) CIVIL PENALTIES.--Section 924 of title 18, United States Code, is amended--
(1) in subsection (a)(1), by striking ``or (f)'' and inserting ``(f), or (p)''; and
(2) by adding at the end the following:
``(p) PENALTIES RELATING TO SECURE GUN STORAGE OR SAFETY DEVICE.--
``(1) IN GENERAL.--
``(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.''.
(c) LIABILITY; EVIDENCE.--
(1) LIABILITY.--Nothing in this title shall be construed to--
(A) create a cause of action against any Federal firearms licensee or any other person for any civil liability; or
(B) establish any standard of care.
(2) EVIDENCE.--Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with the amendments made by this title 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 section.
(3) RULE OF CONSTRUCTION.--Nothing in this subsection 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.
SEC. 204. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect 180 days after the date of enactment of this Act.
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I THINK KOHL'S AMENDMENT TOOK OUT THE CPSC - BUT I'M NOT 100% SURE ON THAT