119-hr544

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 544 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 544

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.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 16, 2025

 Mr. Torres of New York introduced the following bill; which was 
 referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

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.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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.
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