Sec. 201. Consumer product safety standard
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/bill/113/hr/2005/ih/section-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), the Consumer Product Safety Commission, in consultation with the Attorney General and the Director of the National Institute of Justice, shall promulgate a consumer product safety standard under section 7(a) of such Act ( 15 U.S.C. 2056(a) ) for handguns. The standard established under subsection
(a)shall require that— effective 2 years after the date of the enactment of this Act, handguns manufactured in the United States must be personalized handguns; and effective 3 years after the date of the enactment of this Act, handguns sold, offered for sale, traded, transferred, shipped, leased, or distributed in the United States must be— personalized handguns, if manufactured on or after the effective date in paragraph (1); or retrofitted personalized handguns, if manufactured before the effective date in paragraph (1). The standard established under subsection
(a)shall not require retrofitting or personalization of antique firearms. The standard established under subsection
(a)shall not apply to a firearm that is owned by the Department of Defense. Except as provided in paragraph (2), the cost of retrofitting a handgun as required under subsection
(b)shall be borne by the manufacturer of the handgun if the manufacturer is operational at the time the retrofit is required. Section 524(c) of title 28, United States Code, is amended— in subparagraph (H), by striking ; and and inserting a semicolon; in subparagraph (I), by striking the period at the end and inserting ; and ; and by inserting after subparagraph
(I)the following: payments to reimburse manufacturers of handguns for the costs of retrofitting handguns as required by section 201(b)(2)(B) of the Personalized Handgun Safety Act. . If an attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by any person who violates this title, the attorney general, official, or agency may bring a civil action on behalf of the residents of such State against a seller or manufacturer of handguns in an appropriate district court of the United States to enjoin further violations of this title and for other relief as may be appropriate.
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