H.R.544 - 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. (119th Congress)
Summary
H.R. 544 aims to provide a private right of action against the makers of components of ghost guns and those who facilitate their sale, for injury or death resulting from their use. The bill allows individuals injured by ghost guns, family members of those killed, and state/local governments to sue in federal court.
The bill defines a ghost gun as a firearm lacking a unique serial number engraved by a licensed manufacturer or importer. It also includes combinations of parts designed to be assembled into a firearm.
Affirmative defenses are included for actions taken in self-defense or by law enforcement responding to imminent threats.
Expected Effects
If enacted, H.R. 544 would likely increase litigation against manufacturers and sellers of ghost gun components. This could lead to increased regulation and oversight of these components.
It may also deter the production and sale of ghost guns due to the potential for legal liability. The bill could also lead to increased costs for manufacturers and sellers of gun components, potentially impacting the availability and affordability of firearms.
Potential Benefits
- Provides a legal avenue for victims of ghost gun violence to seek compensation.
- May deter the production and sale of ghost guns.
- Could lead to increased safety standards for firearm components.
- Empowers state and local governments to hold manufacturers and sellers accountable.
- Clarifies the definition of "ghost gun" for legal purposes.
Potential Disadvantages
- May lead to frivolous lawsuits against manufacturers and sellers.
- Could increase the cost of legal gun ownership due to increased component costs.
- May face challenges related to the Second Amendment.
- Potential for broad interpretation of "facilitating a sale."
- Could disproportionately affect small businesses and manufacturers.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutionality is potentially complex. The Second Amendment protects the right to bear arms, but this right is not unlimited. The Supreme Court has acknowledged the government's power to regulate firearms to some extent.
The bill could be challenged as infringing on the Second Amendment rights of manufacturers and sellers of gun components. However, proponents would argue that it is a reasonable regulation aimed at preventing gun violence and promoting public safety.
The Commerce Clause (Article I, Section 8) provides Congress with the power to regulate interstate commerce, which could be used to justify federal regulation of ghost gun components.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).