119-hr-544119th CongressWALLET

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.

Sponsored By: Representative Torres, Ritchie [D-NY-15]

Introduced

Summary

This bill would create a private civil right of action allowing lawsuits for injuries or deaths caused by ghost guns. It targets makers of any component and anyone who facilitated a sale when the weapon’s use affects interstate or foreign commerce.

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  • Families and victims can sue in the federal district where the injury or death occurs and may recover damages, including consequential damages.
  • State and local governments may bring similar suits to seek damages for harms that occur in their jurisdictions.
  • Manufacturers of components and people who facilitated sales could face civil liability for harms linked to a ghost gun.
  • Defendants can raise affirmative defenses if the harm resulted from an individual acting in self-defense against a reasonable imminent threat or from a law enforcement officer responding to a reasonable imminent threat.
  • The bill defines a ghost gun as a firearm lacking a unique serial number as required by 18 U.S.C. 923(i) and includes parts intended to be assembled into a firearm.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

New right to sue ghost gun makers and sellers

This bill would create a federal right to sue for injury or death caused by a ghost gun used in or affecting interstate or foreign commerce. An injured person, any family member of someone killed, or the State or local government could file in the U.S. district court where the harm happened. They could sue the maker of any component or anyone who facilitated a sale of the ghost gun, and the court could award damages, including consequential damages. A defendant could avoid liability if the harm was caused by self-defense against a reasonably perceived imminent threat, or by a law‑enforcement officer responding to an imminent public threat. A “ghost gun” would mean a firearm without a serial number engraved by a licensed maker or importer, and includes parts kits; the bill would use existing federal definitions for “firearm” and licensed makers.

Sponsors & CoSponsors

Sponsor

Torres, Ritchie [D-NY-15]

NY • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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