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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.
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.
Summary
This bill allows individuals injured by ghost guns and family members of those killed by ghost guns to sue the makers of ghost gun components and anyone who facilitated the sale of the ghost gun. A ghost gun is defined as a firearm without a serial number engraved by a licensed manufacturer, including unassembled parts or parts designed to convert another device into a firearm. Defendants can raise affirmative defenses if the injury or death resulted from self-defense or law enforcement action. The courts can award damages, including consequential damages, to plaintiffs who prevail in such lawsuits.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
Actions (2)
- Jan 16, 2025 Referred to the House Committee on the Judiciary. · house
- Jan 16, 2025 Introduced in House
More bills on these subjects (8)
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Similar bills (6)
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Text versions (1)
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Full text
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. <all>
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