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H.R.5284 / 103rd Congress

Gun Victim Compensation Act

Referred to the Subcommittee on Crime and Criminal Justice.

Official summary

Version 00 · Introduced in House · Oct 7, 1994

Gun Victim Compensation Act - Amends the Federal criminal code to make any person who sells, delivers, or otherwise transfers a firearm to a juvenile, felon, or other disqualified individual, or a handgun to a person who the transferor knows or has reasonable cause to believe is a juvenile liable for damages caused by a discharge of the transferred firearm by the transferee. Makes exceptions, including for certain temporary transfers to a juvenile who uses a handgun in the course of employment relating to ranching or farming with the prior written consent of a parent or guardian and for the issuance of a handgun to a juvenile who is a member of the armed forces or National Guard. Authorizes an action for damages to be brought in a U.S. district court by, or on behalf of, any person who suffers damages resulting from bodily injury or death caused by a discharge of the transferred firearm by the transferee. Specifies that there shall be no liability under this Act if it is established by a preponderance of the evidence that: (1) the damages were suffered by an individual who was engaged in a criminal act against the person or property of another at the time of the injury; or (2) the injury was self-inflicted unless the plaintiff establishes that, at the time of the transfer, the transferor knew or had reasonable cause to believe that the transferee had not attained age 18 or had been adjudicated as a mental defective or committed to a mental institution. Limits actions to those brought within five years after the date of the transfer of the firearm. Requires that a prevailing plaintiff be awarded attorney's fees. Permits the award of punitive damages.

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Who introduced it

Rep. Torricelli, Robert G. [D-NJ-9] · D–NJ

Committees

  • Judiciary Committee
0 cosponsorship records, including any withdrawals

    Actions

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    1. Referred to the Subcommittee on Crime and Criminal Justice.

    2. Referred to the House Committee on Judiciary.

    3. Introduced in House

    4. Introduced in House

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