To amend chapter 44 of title 18, United States Code, to require the provision of a child safety lock in connection with the transfer of a handgun.

SA 1626. Mr. REED (for Mr. Kohl) proposed an amendment to the bill S.
397, to prohibit civil liability actions from being brought or
continued against manufacturers, distributors, dealers, or importers of
firearms or ammunition for damages, injunctive or other relief
resulting from the misuse of their products by others; as follows:

At the end of the bill, add the following:

SEC. 5. CHILD SAFETY LOCKS.

(a) Short Title.--This section may be cited as the ``Child
Safety Lock Act of 2005''.

[[Page S9193]]

(b) Purposes.--The purposes of this section are--
(1) to promote the safe storage and use of handguns by
consumers;
(2) to prevent unauthorized persons from gaining access to
or use of a handgun, including children who may not be in
possession of a handgun; and
(3) to avoid hindering industry from supplying firearms to
law abiding citizens for all lawful purposes, including
hunting, self-defense, collecting, and competitive or
recreational shooting.
(c) Firearms Safety.--
(1) Mandatory transfer of secure gun storage or safety
device.--Section 922 of title 18, United States Code, is
amended by inserting at the end the following:
``(z) Secure Gun Storage or Safety Device.--
``(1) In general.--Except as provided under paragraph (2),
it shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver, or
transfer any handgun to any person other than any person
licensed under this chapter, unless the transferee is
provided with a secure gun storage or safety device (as
defined in section 921(a)(34)) for that handgun.
``(2) Exceptions.--Paragraph (1) shall not apply to--
``(A)(i) the manufacture for, transfer to, or possession
by, the United States, a department or agency of the United
States, a State, or a department, agency, or political
subdivision of a State, of a handgun; or
``(ii) the transfer to, or possession by, a law enforcement
officer employed by an entity referred to in clause (i) of a
handgun for law enforcement purposes (whether on or off
duty); or
``(B) the transfer to, or possession by, a rail police
officer employed by a rail carrier and certified or
commissioned as a police officer under the laws of a State of
a handgun for purposes of law enforcement (whether on or off
duty);
``(C) the transfer to any person of a handgun listed as a
curio or relic by the Secretary pursuant to section
921(a)(13); or
``(D) the transfer to any person of a handgun for which a
secure gun storage or safety device is temporarily
unavailable for the reasons described in the exceptions
stated in section 923(e), if the licensed manufacturer,
licensed importer, or licensed dealer delivers to the
transferee within 10 calendar days from the date of the
delivery of the handgun to the transferee a secure gun
storage or safety device for the handgun.
``(3) Liability for use.--
``(A) In general.--Notwithstanding any other provision of
law, a person who has lawful possession and control of a
handgun, and who uses a secure gun storage or safety device
with the handgun, shall be entitled to immunity from a
qualified civil liability action.
``(B) Prospective actions.--A qualified civil liability
action may not be brought in any Federal or State court.
``(C) Defined term.--As used in this paragraph, the term
`qualified civil liability action'--
``(i) means a civil action brought by any person against a
person described in subparagraph (A) for damages resulting
from the criminal or unlawful misuse of the handgun by a
third party, if--

``(I) the handgun was accessed by another person who did
not have the permission or authorization of the person having
lawful possession and control of the handgun to have access
to it; and
``(II) at the time access was gained by the person not so
authorized, the handgun had been made inoperable by use of a
secure gun storage or safety device; and

``(ii) shall not include an action brought against the
person having lawful possession and control of the handgun
for negligent entrustment or negligence per se.''.
(2) Civil penalties.--Section 924 of title 18, United
States Code, is amended--
(A) in subsection (a)(1), by striking ``or (f)'' and
inserting ``(f), or (p)''; and
(B) by adding at the end the following:
``(p) Penalties Relating To Secure Gun Storage or Safety
Device.--
``(1) In general.--
``(A) Suspension or revocation of license; civil
penalties.--With respect to each violation of section
922(z)(1) by a licensed manufacturer, licensed importer, or
licensed dealer, the Secretary may, after notice and
opportunity for hearing--
``(i) suspend for not more than 6 months, or revoke, the
license issued to the licensee under this chapter that was
used to conduct the firearms transfer; or
``(ii) subject the licensee to a civil penalty in an amount
equal to not more than $2,500.
``(B) Review.--An action of the Secretary under this
paragraph may be reviewed only as provided under section
923(f).
``(2) Administrative remedies.--The suspension or
revocation of a license or the imposition of a civil penalty
under paragraph (1) shall not preclude any administrative
remedy that is otherwise available to the Secretary.''.
(3) Liability; evidence.--
(A) Liability.--Nothing in this section shall be construed
to--
(i) create a cause of action against any Federal firearms
licensee or any other person for any civil liability; or
(ii) establish any standard of care.
(B) Evidence.--Notwithstanding any other provision of law,
evidence regarding compliance or noncompliance with the
amendments made by this section shall not be admissible as
evidence in any proceeding of any court, agency, board, or
other entity, except with respect to an action relating to
section 922(z) of title 18, United States Code, as added by
this subsection.
(C) Rule of construction.--Nothing in this paragraph shall
be construed to bar a governmental action to impose a penalty
under section 924(p) of title 18, United States Code, for a
failure to comply with section 922(z) of that title.
(d) Effective Date.--This section and the amendments made
by this section shall take effect 180 days after the date of
enactment of this Act.
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