Secure gun storage or safety device

(a) In general Section 922(z) of title 18, United States Code, is amended by adding at the end the following: (4) Secure gun storage by owners (A) Offense (i) In general It shall be unlawful for a person to keep, leave, or store any unsecured firearm that has moved in, or that has otherwise affected, interstate or foreign commerce, unless the person carries the firearm on his or her person or within such close proximity thereto that the person can readily retrieve and use the firearm as if the person carried the firearm on his or her person. (ii) Unsecured firearm In clause (i), the term unsecured firearm means a firearm that is not secured by a secure gun storage or safety device. (B) Private right of action (i) In general An individual who is injured as a result of a violation of subparagraph (A) (or, in the case of an individual who has died as a result of such a violation, a member of the family of, or the estate of, the individual) may bring a civil action against the violator or any other person who, when the violation occurred, was in control of any premises on which the violation occurred if the violator or the person in control of the premises knew or should have known that there was an unsecured firearm on the premises, in a court of competent jurisdiction, for compensatory and punitive damages, injunctive and declaratory relief, and such other relief as the court deems appropriate. (ii) Joint and several liability In an action described in clause (i), the liability of all defendants shall be joint and several. (iii) Rule of interpretation For purposes of any determination of liability covered by any contract of insurance entered into after the date of the enactment of this subparagraph, a violation of subparagraph (A) shall not solely be considered an intentional action. (iv) No effect on State law This subparagraph shall not be interpreted to preempt, supplant, or displace any claim brought under State statutory law or common law.. (b) Penalties Section 924 of such title is amended by adding at the end the following: (q) With respect to a violation of section 922(z), the Attorney General shall, after notice and opportunity for a hearing— (1) (A) in the case of a 1st violation, subject the person to a civil money penalty of not more than $1,000; or (B) in the case of a 2nd or subsequent violation, subject the person to a civil money penalty of not more than $5,000; and (2) in the case of any violation, notify the person of the prohibitions set forth in section 922(d)(10).. (c) Prohibition Section 922(d) of such title is amended in the 1st sentence— (1) in paragraph (10), by striking or at the end; (2) in paragraph (11), by striking the period and inserting; or; and (3) by adding at the end the following: (12) has been assessed a civil money penalty for a violation of subsection (z)(4) within the preceding 5 years.. (d) Regulations Within 6 months after the date of the enactment of this Act, the Attorney General shall promulgate such rules as are necessary to ensure that— (1) the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act denies the transfer of a firearm to a person who has been assessed a civil money penalty for a violation of section 922(z)(4) of title 18, United States Code, in the 5-year period ending with the date of the proposed transfer; and (2) each person licensed under chapter 44 of such title provides notice of the penalties for violating such section 922(z)(4) to any person not licensed under such chapter who seeks to acquire a firearm from the licensee.