H.R.2393 - Second Amendment Reaffirmation Act of 1995104th Congress (1995-1996)
|Sponsor:||Rep. Stockman, Steve [R-TX-9] (Introduced 09/25/1995)|
|Committees:||House - Government Reform; Judiciary; Ways and Means|
|Latest Action:||10/05/1995 Referred to the Subcommittee on District of Columbia.|
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- Crime and Law Enforcement
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Summary: H.R.2393 — 104th Congress (1995-1996)All Bill Information (Except Text)
Introduced in House (09/25/1995)
Second Amendment Reaffirmation Act of 1995 - Repeals: (1) the Brady Handgun Violence Prevention Act; and (2) the Assault Weapon Manufacturing Strict Liability Act of 1990 (D.C. Act 8-289).
Amends the Firearms Owners' Protection Act (the Act) to: (1) provide that, where discontinuance of a firearms or ammunition business is to be absolute, the records required to be kept shall be delivered within 30 days after such discontinuance to another Federal firearms licensee; and (2) make provisions regarding the award of attorney's fees to the prevailing party, including when the court finds that the action was without foundation or initiated in bad faith, applicable to certain actions and proceedings under Internal Revenue Code (IRC) provisions concerning excise taxes for machine guns, destructive devices, and certain other firearms, including a proceeding before an administrative law judge.
Authorizes: (1) any person aggrieved by the violation of a civil or constitutional right in connection with the lawful possession or use of a firearm by the U.S. Government, any official or employee thereof, or the government of any State or subdivision or official or employee thereof to bring an action for actual and punitive damages in the Federal district court in which such person resides or transacts business; and (2) the court to award a prevailing plaintiff, other than the Government, reasonable attorneys' fees and costs.
Bars: (1) the application of any legal provision or any State or local statute enacted to regulate the level of any pollutant from being applied to the sale, transportation, possession, importation, or use of any firearm or ammunition; and (2) any officer or employee of the Bureau of Alcohol, Tobacco, and Firearms (BATF) from undertaking any investigation of a single individual, organization, or business which will reasonably require expenditures in excess of $4,000, or any investigation in consultation or cooperation with the Internal Revenue Service, without prior written approval by the Deputy Secretary of the Treasury. Sets penalties for violations.
Prohibits any U.S. officer, agent, or employee from listing, recording, copying, or computerizing the names of firearm owners (other than those required to be maintained under the IRC), transferring information concerning the identities of firearms owners to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof, or participating in the establishment of any system of registration of firearms, firearms owners, or firearms transactions or dispositions. Requires that any such list, record, copy, computerization, facility, or system that would have violated this Act had it been created or expanded following the effective date of this Act be destroyed.
Creates a cause of action for persons aggrieved by the violation of any civil or constitutional right in connection with a violation of the Act by the Government for actual and punitive damages, including the award of reasonable attorney's fees and costs to a prevailing plaintiff other than the Government.