article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Victim Compensation Act''. SEC. 2. VICTIM COMPENSATION FROM PERSONS WHO UNLAWFULLY PROVIDE FIREARMS TO JUVENILES, FELONS, AND OTHER DISQUALIFIED INDIVIDUALS. (a) Victim Compensation.--Section 924 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(j) Victim Compensation.-- ``(1) In general.--Any person who sells, delivers, or otherwise transfers-- ``(A) a firearm in violation of section 922(d) or section 922(b)(1); or ``(B) a handgun to a person who the transferor knows or has reasonable cause to believe is a juvenile, except as provided in paragraph (6), shall be liable for damages caused by a discharge of the transferred firearm by the transferee. ``(2) Civil action.--An action to recover damages under paragraph (1) may be brought in a United States district court by, or on behalf of, any person, or the estate of any person, who suffers damages resulting from bodily injury to or the death of any person caused by a discharge of the transferred firearm by the transferee. ``(3) Disentitlement to recovery.--There shall be no liability under this subsection if it is established by a preponderance of the evidence that-- ``(A) the damages were suffered by a person who was engaged in a criminal act against the person or property of another at the time of the injury; or ``(B) the injury was self-inflicted, unless the plaintiff establishes that, at the time of the transfer, the transferor knew or had reasonable cause to believe that the transferee had not attained the age of 18 years or had been adjudicated as a mental defective or committed to a mental institution. ``(4) Period of liability.--No action under this subsection may be brought for damages that are caused more than 5 years after the date of the transfer of a firearm upon which an action could otherwise be based. ``(5) Attorney's fees and punitive damages.--A prevailing plaintiff in an action under this subsection-- ``(A) shall be awarded reasonable attorney's fees and costs, and ``(B) may be awarded punitive damages. ``(6) Juveniles.--Paragraph (1)(B) does not apply to-- ``(A) a temporary transfer of a handgun to a juvenile if the handgun is used by the juvenile-- ``(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun; ``(ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except-- ``(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or ``(II) with respect to ranching or farming activities as described in clause (i), with the prior written approval of the juvenile's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State, or local law from possessing a firearm; ``(iii) if the juvenile keeps the prior written consent in the juvenile's possession at all times when a handgun is in the possession of the juvenile; and ``(iv) in accordance with State and local law; ``(B) issuance of a handgun to a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with the handgun in the line of duty; ``(C) a transfer by inheritance of title (but not possession) of a handgun to a juvenile; ``(D) a delivery of a handgun by a juvenile to be used in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest; or ``(E) a transfer of a handgun for consideration if the transfer is made in accordance with State and local law and with the prior consent of the juvenile's parent or legal guardian who is not prohibited by Federal, State, or local law from possessing a firearm. ``(7) Rule of construction.--Nothing in this subsection shall be construed to limit or have any other effect on any other cause of action available to any person.''. (b) Definition.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(30) The term `juvenile' means a person who is less than 18 years of age.''. (c) Application of Amendment.--The amendment made by subsection (a) shall apply to damages resulting from a firearm that was transferred as described in section 924(j)(1) of title 18, on or after the date of enactment of this Act.
summary: Gun Victim Compensation Act - Amends the Federal criminal code to make any person who sells, delivers, or otherwise transfers a firearm to a juvenile, felon, or other disqualified individual, or a handgun to a person who the transferor knows or has reasonable cause to believe is a juvenile liable for damages caused by a discharge of the transferred firearm by the transferee. Makes exceptions, including for certain temporary transfers to a juvenile who uses a handgun in the course of employment relating to ranching or farming with the prior written consent of a parent or guardian and for the issuance of a handgun to a juvenile who is a member of the armed forces or National Guard. Authorizes an action for damages to be brought in a U.S. district court by, or on behalf of, any person who suffers damages resulting from bodily injury or death caused by a discharge of the transferred firearm by the transferee. Specifies that there shall be no liability under this Act if it is established by a preponderance of the evidence that: (1) the damages were suffered by an individual who was engaged in a criminal act against the person or property of another at the time of the injury; or (2) the injury was self-inflicted unless the plaintiff establishes that, at the time of the transfer, the transferor knew or had reasonable cause to believe that the transferee had not attained age 18 or had been adjudicated as a mental defective or committed to a mental institution. Limits actions to those brought within five years after the date of the transfer of the firearm. Requires that a prevailing plaintiff be awarded attorney's fees. Permits the award of punitive damages.