Sen. Ira I. Silverstein
Filed: 4/11/2005
 
 

 




 

 		












09400SB1330sam001

LRB094 04594 RLC 44764 a






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AMENDMENT TO SENATE BILL 1330 




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    AMENDMENT NO. ______. Amend Senate Bill 1330  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 1. Short title. This Act may be cited as the 
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Firearms  Accountability  Act.
 
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    Section 5. Cause of action. Whenever any person 
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intentionally or negligently delivers
or  causes  to be delivered 
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a firearm, firearm ammunition, or
silencer to:  (1) any person 
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who is not legally authorized to
possess that item; (2) a 
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person who is purchasing the item on
behalf of  another  person;  
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or  (3)  any  other  person  the
deliverer  knows  or  has  reason  to  
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know will use the item
unlawfully; the deliverer shall 
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thereafter be civilly  liable
for  the  commission  of any 
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subsequent tortious conduct that
directly or indirectly 
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involves the  use,  attempted  use,  or
threatened  use  of  the  item  
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by  any  person.

 
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    Section 10. Punitive  damages. A person bringing an
action 
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under this Act may be  entitled  to  recover  punitive
                                damages if 
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the conduct of the defendant that gave rise to the
 cause  of 
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action was either intentional, reckless, or grossly negligent.

 
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    Section 15. Joint  and  several  liability. Persons
 subject to 
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liability under this Act are jointly and severally    liable.

 
 


 






09400SB1330sam001
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LRB094 04594 RLC 44764 a




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    Section 20. Stay  of  proceedings.  The  prosecuting
  attorney  
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of  any  government  or governmental subdivision or
  agency may 
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move for a stay of any  proceeding  brought  under
    this Act, to 
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include all discovery, pending the completion of
   an 
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investigation or prosecution of a criminal case related to
    the 
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subject matter of a suit brought under this Act.

 
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    Section 25. Other remedies.   The remedies provided by
   this 
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Act are in addition to any  other  remedies  allowed  by
   law.".