15 U.S.C. § 7901 — Findings; purposes

Page 2392 TITLE 15—COMMERCE AND TRADE § 7805 able intent of Congress, because Pub. L. 108–304 does not contain titles. § 7805. Protection of educational institution (a) Notice required Within 72 hours after entering into an agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the athlete agent and the student athlete shall each inform the athletic director of the educational institution at which the student athlete is enrolled, or other indi- vidual responsible for athletic programs at such educational institution, that the student athlete has entered into an agency contract, and the athlete agent shall provide the athletic director with notice in writing of such a contract. (b) Civil remedy (1) In general An educational institution has a right of ac- tion against an athlete agent for damages caused by a violation of this chapter. (2) Damages Damages of an educational institution may include and are limited to actual losses and expenses incurred because, as a result of the conduct of the athlete agent, the educational institution was injured by a violation of this chapter or was penalized, disqualified, or sus- pended from participation in athletics by a na- tional association for the promotion and regu- lation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary ac- tion taken to mitigate actions likely to be im- posed by such an association or conference. (3) Costs and attorneys fees In an action taken under this section, the court may award to the prevailing party costs and reasonable attorneys fees. (4) Effect on other rights, remedies and de- fenses This section does not restrict the rights, remedies, or defenses of any person under law or equity. (Pub. L. 108–304, § 6, Sept. 24, 2004, 118 Stat. 1128.) § 7806. Limitation Nothing in this chapter shall be construed to prohibit an individual from seeking any rem- edies available under existing Federal or State law or equity. (Pub. L. 108–304, § 7, Sept. 24, 2004, 118 Stat. 1128.) § 7807. Sense of Congress It is the sense of Congress that States should enact the Uniform Athlete Agents Act of 2000 drafted by the National Conference of Commis- sioners on Uniform State Laws, to protect stu- dent athletes and the integrity of amateur sports from unscrupulous sports agents. In par- ticular, it is the sense of Congress that States should enact the provisions relating to the reg- istration of sports agents, the required form of contract, the right of the student athlete to can- cel an agency contract, the disclosure require- ments relating to record maintenance, report- ing, renewal, notice, warning, and security, and the provisions for reciprocity among the States. (Pub. L. 108–304, § 8, Sept. 24, 2004, 118 Stat. 1129.) CHAPTER 105—PROTECTION OF LAWFUL COMMERCE IN ARMS Sec. 7901. Findings; purposes. 7902. Prohibition on bringing of qualified civil li- ability actions in Federal or State court. 7903. Definitions. § 7901. Findings; purposes (a) Findings Congress finds the following: (1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed. (2) The Second Amendment to the United States Constitution protects the rights of in- dividuals, including those who are not mem- bers of a militia or engaged in military service or training, to keep and bear arms. (3) Lawsuits have been commenced against manufacturers, distributors, dealers, and im- porters of firearms that operate as designed and intended, which seek money damages and other relief for the harm caused by the misuse of firearms by third parties, including crimi- nals. (4) The manufacture, importation, posses- sion, sale, and use of firearms and ammunition in the United States are heavily regulated by Federal, State, and local laws. Such Federal laws include the Gun Control Act of 1968, the National Firearms Act [26 U.S.C. 5801 et seq.], and the Arms Export Control Act [22 U.S.C. 2751 et seq.]. (5) Businesses in the United States that are engaged in interstate and foreign commerce through the lawful design, manufacture, mar- keting, distribution, importation, or sale to the public of firearms or ammunition products that have been shipped or transported in inter- state or foreign commerce are not, and should not, be liable for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products that func- tion as designed and intended. (6) The possibility of imposing liability on an entire industry for harm that is solely caused by others is an abuse of the legal sys- tem, erodes public confidence in our Nation’s laws, threatens the diminution of a basic con- stitutional right and civil liberty, invites the disassembly and destabilization of other in- dustries and economic sectors lawfully com- peting in the free enterprise system of the United States, and constitutes an unreason- able burden on interstate and foreign com- merce of the United States. (7) The liability actions commenced or con- templated by the Federal Government, States, municipalities, and private interest groups and others are based on theories without foun- dation in hundreds of years of the common law and jurisprudence of the United States and do not represent a bona fide expansion of the common law. The possible sustaining of these Page 2393 TITLE 15—COMMERCE AND TRADE § 7903 actions by a maverick judicial officer or petit jury would expand civil liability in a manner never contemplated by the framers of the Con- stitution, by Congress, or by the legislatures of the several States. Such an expansion of li- ability would constitute a deprivation of the rights, privileges, and immunities guaranteed to a citizen of the United States under the Fourteenth Amendment to the United States Constitution. (8) The liability actions commenced or con- templated by the Federal Government, States, municipalities, private interest groups and others attempt to use the judicial branch to circumvent the Legislative branch of govern- ment to regulate interstate and foreign com- merce through judgments and judicial decrees thereby threatening the Separation of Powers doctrine and weakening and undermining im- portant principles of federalism, State sov- ereignty and comity between the sister States. (b) Purposes The purposes of this chapter are as follows: (1) To prohibit causes of action against man- ufacturers, distributors, dealers, and import- ers of firearms or ammunition products, and their trade associations, for the harm solely caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as de- signed and intended. (2) To preserve a citizen’s access to a supply of firearms and ammunition for all lawful pur- poses, including hunting, self-defense, col- lecting, and competitive or recreational shoot- ing. (3) To guarantee a citizen’s rights, privi- leges, and immunities, as applied to the States, under the Fourteenth Amendment to the United States Constitution, pursuant to section 5 of that Amendment. (4) To prevent the use of such lawsuits to im- pose unreasonable burdens on interstate and foreign commerce. (5) To protect the right, under the First Amendment to the Constitution, of manufac- turers, distributors, dealers, and importers of firearms or ammunition products, and trade associations, to speak freely, to assemble peaceably, and to petition the Government for a redress of their grievances. (6) To preserve and protect the Separation of Powers doctrine and important principles of federalism, State sovereignty and comity be- tween sister States. (7) To exercise congressional power under ar- ticle IV, section 1 (the Full Faith and Credit Clause) of the United States Constitution. (Pub. L. 109–92, § 2, Oct. 26, 2005, 119 Stat. 2095.) Editorial Notes REFERENCES IN TEXT The Gun Control Act of 1968, referred to in subsec. (a)(4), is Pub. L. 90–618, Oct. 22, 1968, 82 Stat. 1213. For complete classification of this Act to the Code, see Short Title note set out under section 921 of Title 18, Crimes and Criminal Procedure, and Tables. The National Firearms Act, referred to in subsec. (a)(4), is classified generally to chapter 53 (§ 5801 et seq.) of Title 26, Internal Revenue Code. See section 5849 of Title 26. The Arms Export Control Act, referred to in subsec. (a)(4), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of Title 22, Foreign Relations and Intercourse. For com- plete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Ta- bles. This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 109–92, Oct. 26, 2005, 119 Stat. 2095, known as the Protection of Lawful Commerce in Arms Act. For complete classification of this Act to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 109–92, § 1, Oct. 26, 2005, 119 Stat. 2095, provided that: ‘‘This Act [enacting this chapter, amending sec- tions 922 and 924 of Title 18, Crimes and Criminal Proce- dure, and enacting provisions set out as notes under sections 921 and 922 of Title 18] may be cited as the ‘Protection of Lawful Commerce in Arms Act’.’’ § 7902. Prohibition on bringing of qualified civil liability actions in Federal or State court (a) In general A qualified civil liability action may not be brought in any Federal or State court. (b) Dismissal of pending actions A qualified civil liability action that is pend- ing on October 26, 2005, shall be immediately dis- missed by the court in which the action was brought or is currently pending. (Pub. L. 109–92, § 3, Oct. 26, 2005, 119 Stat. 2096.) § 7903. Definitions In this chapter: (1) Engaged in the business The term ‘‘engaged in the business’’ has the meaning given that term in section 921(a)(21) of title 18, and, as applied to a seller of ammu- nition, means a person who devotes time, at- tention, and labor to the sale of ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of ammuni- tion. (2) Manufacturer The term ‘‘manufacturer’’ means, with re- spect to a qualified product, a person who is engaged in the business of manufacturing the product in interstate or foreign commerce and who is licensed to engage in business as such a manufacturer under chapter 44 of title 18. (3) Person The term ‘‘person’’ means any individual, corporation, company, association, firm, part- nership, society, joint stock company, or any other entity, including any governmental en- tity. (4) Qualified product The term ‘‘qualified product’’ means a fire- arm (as defined in subparagraph (A) or (B) of section 921(a)(3) of title 18), including any an- tique firearm (as defined in section 921(a)(16) of such title), or ammunition (as defined in section 921(a)(17)(A) of such title), or a compo-