January 16, 2025
Mr. Torres of New York introduced the following bill; which was referred to the Committee on the Judiciary
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.
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.