Sen. Ira I. Silverstein
Filed: 4/11/2005
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| 1 | AMENDMENT TO SENATE BILL 1330
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1330 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Firearms Accountability Act. | ||||||
| 6 | Section 5. Cause of action. Whenever any person | ||||||
| 7 | intentionally or negligently delivers
or causes to be delivered | ||||||
| 8 | a firearm, firearm ammunition, or
silencer to: (1) any person | ||||||
| 9 | who is not legally authorized to
possess that item; (2) a | ||||||
| 10 | person who is purchasing the item on
behalf of another person; | ||||||
| 11 | or (3) any other person the
deliverer knows or has reason to | ||||||
| 12 | know will use the item
unlawfully; the deliverer shall | ||||||
| 13 | thereafter be civilly liable
for the commission of any | ||||||
| 14 | subsequent tortious conduct that
directly or indirectly | ||||||
| 15 | involves the use, attempted use, or
threatened use of the item | ||||||
| 16 | by any person.
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| 17 | Section 10. Punitive damages. A person bringing an
action | ||||||
| 18 | under this Act may be entitled to recover punitive
damages if | ||||||
| 19 | the conduct of the defendant that gave rise to the
cause of | ||||||
| 20 | action was either intentional, reckless, or grossly negligent.
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| 21 | Section 15. Joint and several liability. Persons
subject to | ||||||
| 22 | liability under this Act are jointly and severally liable.
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| 1 | Section 20. Stay of proceedings. The prosecuting
attorney | ||||||
| 2 | of any government or governmental subdivision or
agency may | ||||||
| 3 | move for a stay of any proceeding brought under
this Act, to | ||||||
| 4 | include all discovery, pending the completion of
an | ||||||
| 5 | investigation or prosecution of a criminal case related to
the | ||||||
| 6 | subject matter of a suit brought under this Act.
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| 7 | Section 25. Other remedies. The remedies provided by
this | ||||||
| 8 | Act are in addition to any other remedies allowed by
law.".
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