Page:United States Statutes at Large Volume 119.djvu/2118

 119 STAT. 2100

PUBLIC LAW 109–92—OCT. 26, 2005

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.—

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