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.
This bill creates a private civil cause of action in federal district court for injuries or deaths resulting from the use of a “ghost gun.” The action can be brought by an injured individual (and the deceased person’s family) and by the state or a local subdivision where the injury occurred, against (1) the maker of any component of the ghost gun or (2) any person who facilitated a sale of the ghost gun. Damages, including consequential damages, may be awarded as the court deems appropriate. It also provides affirmative defenses for injuries/deaths resulting from conduct in self-defense against a reasonably perceived imminent threat or from law enforcement responses to imminent threats. The bill defines a ghost gun as a firearm lacking a serial number on the frame or receiver (as required by federal law for licensed manufacturers/importers) and includes any parts designed or intended to be assembled into a firearm. In short, the bill would impose civil liability on ghost gun component makers and on those who facilitated ghost gun sales, broadening current accountability beyond traditional firearm sellers. It relies on interstate/foreign commerce to give federal jurisdiction and relies on a broad definition of ghost guns to cover assembled or easily assembled devices.
Key Points
- 1Creates a private right of action in federal court for injuries or deaths caused by ghost guns, targeting the maker of any ghost gun component and any person who facilitated a sale of the ghost gun; allows recovery of damages, including consequential damages.
- 2Plaintiffs may include individuals (and family members of a deceased individual) and state or local governments where the injury occurred; action can be brought in the district where the injury/death occurred.
- 3Affirmative defenses available: (1) defense of a reasonably perceived imminent threat by an individual not engaging in criminal conduct, and (2) defense by a law enforcement officer in response to an imminent threat to public safety.
- 4Defines ghost gun as a firearm lacking a unique serial number on the frame or receiver by a licensed manufacturer/importer, and includes configurations designed or intended to be assembled into a firearm; relies on 18 U.S.C. 923(i) and 921(a) for related terms.
- 5The bill focuses on civil liability rather than criminal penalties and shifts potential liability to component makers and sale facilitators across interstate commerce.