This bill allows individuals harmed by ghost guns, or their families, to sue the gun's maker or anyone involved in its sale, with exceptions for self-defense or law enforcement actions.
Ritchie Torres
Representative
NY-15
This bill establishes a federal private right of action allowing individuals injured by ghost guns, or their families if a death occurred, to sue the manufacturer of any component of the ghost gun or anyone who facilitated its sale. Lawsuits can be filed in the district where the injury or death occurred, with exceptions for self-defense or law enforcement actions. "Ghost gun" is defined as any unserialized firearm, including parts that can be assembled or converted into a firearm.
Ghost Gun Makers Now Liable: New Bill Allows Victims to Sue for Damages
This bill cuts straight to the chase: if someone is injured or killed by a ghost gun, the victims or their families can now sue the people who made or facilitated the sale of that gun's parts. This is a big shift, opening up a new avenue for legal action in federal court.
Taking Aim at Ghost Guns
This law tackles the growing issue of untraceable firearms, often assembled from kits or 3D-printed parts. It lets people harmed by these weapons take the manufacturers and sellers of those components to court. The lawsuits can be filed where the injury or death happened, giving local communities a direct way to seek justice.
Real-World Rollout
Imagine a scenario where a homemade, unserialized firearm is used in a crime, leaving someone injured. Previously, tracking down those responsible was nearly impossible. Now, under this law, the victim could sue the company that made the key components, or the individual who sold the kit, holding them accountable for the harm caused. This is a direct response to the rise of these untraceable weapons in crimes across the country.
Defining the Terms
It is important to know that the bill defines a "ghost gun" broadly. It's not just fully assembled firearms; it includes any parts that can be put together to make a working gun or used to convert something into a firearm (Section 1). This means the liability net is cast wide, potentially covering a range of components and sellers. "Firearm," "licensed manufacturer," and "licensed importer" all pull their definitions from existing federal law (18 U.S.C. § 921(a)), ensuring consistency with current regulations.
Protections and Potential Issues
There are built-in protections for certain situations. If someone uses a ghost gun in legitimate self-defense, or if a law enforcement officer uses one in response to an immediate threat, they have an affirmative defense against lawsuits (Section 1). However, the broad definition of "ghost gun" could lead to some legal wrangling over what exactly qualifies. While the bill aims to curb the flow of untraceable weapons, the increased potential for lawsuits is a real consideration for those involved in making or selling firearm components.