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.

I 118TH CONGRESS 1ST SESSION H. R. 3993 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 JUNE 9, 2023 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. PRIVATE RIGHT OF ACTION. 3 (a) IN GENERAL.—An individual who is injured, and 4 any member of the family of an individual who is killed, 5 by use of a ghost gun in or affecting interstate or foreign 6 commerce, and the State and the political subdivision of 7 the State in which the injury or death occurs, may bring 8 VerDate Sep 11 2014 05:39 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3993.IH H3993 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3993 IH an action in the United States district court for the judi- 1 cial district in which the injury or death occurs against 2 the maker of any component of the ghost gun or any per- 3 son who facilitated any sale of the ghost gun, for damages 4 resulting from the injury or death. The court may award 5 a plaintiff prevailing in such an action such damages, in- 6 cluding consequential damages, as the court deems appro- 7 priate. 8 (b) AFFIRMATIVE DEFENSES.—In an action brought 9 under subsection (a), it shall be an affirmative defense 10 that the injury or death was caused by conduct of— 11 (1) an individual in defense against a reason- 12 ably perceived imminent threat to the safety of an 13 individual not engaged in a violation of criminal law; 14 or 15 (2) a law enforcement officer in response to a 16 reasonably perceived imminent threat to public safe- 17 ty. 18 (c) DEFINITIONS.—In this section: 19 (1) GHOST GUN.—The term ‘‘ghost gun’’ means 20 a firearm that lacks a unique serial number en- 21 graved or cast on the frame or receiver of the fire- 22 arm by a licensed manufacturer or licensed importer 23 in accordance with section 923(i) of title 18, United 24 States Code, and includes any combination of parts 25 VerDate Sep 11 2014 05:39 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3993.IH H3993 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3993 IH designed or intended to be assembled, or to be used 1 in converting a device, into a firearm. 2 (2) OTHER TERMS.—The terms ‘‘firearm’’, ‘‘li- 3 censed manufacturer’’, and ‘‘licensed importer’’ have 4 the meanings given the terms, respectively, in sec- 5 tion 921(a) of title 18, United States Code. 6 Æ VerDate Sep 11 2014 05:39 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3993.IH H3993 kjohnson on DSK79L0C42PROD with BILLS