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Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
AND TYPE
001. paper
SUBJECTffiTLE
DATE
Gun Litigation (4 pages)
n.d.
COLLECTION:
Clinton Presidential Records
Domestic Policy Council
Anna Richter
OA/Box Number: 23735
FOLDER TITLE:
Gun Litigation [binder] [2]
Rich Sheridan
2011-0638-S
ms337
RESTRICTION CODES
Presidential Records Act- [44 U.S.C. 2204(a)]
Freedom of Information Act- [5 U.S.C. SS2(b)]
Pl
P2
P3
P4
b(l) National security classified information [(b)(l) of the FOIA]
b(2) Release would disclose internal personnel rules and practices of
an agency [(b)(2) ofthe FOIA]
b(3) Release would violate a Federal statute ((b)(3) ofthe FOIA]
b(4) Release would disclose trade secrets or confidential or financial
information [(b)(4) ofthe FOIA]
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA)
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA)
b(S) Release would disclose information concerning the regulation of
· financial institutions [(b )(8) of the FOIA)
b(9) Release would disclose geological or geophysical information
concerning wells [(b)(9) of the FOIA]
Nationai Security Classified Information [(a)(l) ofthe PRA]
Relating to the appointment to Federal office [(a)(2) of the PRA]
Release would violate a Federal statute [(a)(3) of the PRA]
Release would disclose trade secrets or confidential commercial or
financial information [(a)(4) ofthe PRA]
PS Release would disclose confidential advice between the President
and his advisors, or between such advisors [a)(S) of the PRA]
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(a)(6) of the PRA]
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.C.
2201(3).
RR. Document will be reviewed upon request.
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GUN LITIGATION: POTENTIAL REMEDIES
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The following represents a sampling of the remedies that might be included in a
.,.. m,
injunction or consent decree. This list is not intended to signify support for any of these
proposals.
Distribution
•
r
•
Manufacturers could be required to develop an effective system for screening in advance the
distributors or dealers that sell their guns.
Manufacturers could be required to contribute to a fund for the education, supervision and
regulation of the approximately 16,000 stocking gun dealers.
•
Manufacturers could be required to provide certain training to all employees and sales agents
of distributors and dealers that sell their guns, on subjects such as compliance with guns laws
and how to recognize and prevent gun trafficking and attempts to illegally purchase guns.
•
Manufacturers could be required to develop an effective system for monitoring sales of their
products by distributors and dealers and determining when illegal or unsafe practices are
occurring. This could include reviews of each dealer's and retailer's gun acquisition and
disposition records ("bound books"), and all other records relating to sales incentive records,
·
at least 4 times per year.
•
Manufacturers could be required to'develop an effective_system to retrain, and suspend or
terminate if necessary, distributors or dealers who engage in illegal or unsafe sales practices.
(
• - Manufacturers could be required to maintain adequate liability insurance.
•
Manufacturers could be required to refrain from using any unfair or deceptive advertising
practices in the future.
•
Manufacturers could be required to institute an industry-wide program of warranty revocation
upon individual resale of handguns, unless the firearm is resold through a bona fide stocking
handgun retailer so that secondary sales are subject to background checks under the Brady
Handgun Violence Prevention Act.
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In addition, negligent distribution practices could be curtailed by imposing sig · cant restrictions
and requirements on gun dealers. That could be accomplished by suits directly ~(}PV
dealers, but it could also be achieved by injunctive relief or settlement agreerilen ~r exampJt,
that require the manufacturers to sell guns only to authorized dealers who have comnutte
themselves by contract to abide by the restrictions and requirements. For example:
.
..
•
Dealers could be prohibited from selling two or more guns (or some limited category of guns
such as handguns or assault rifles) to any person within a 30-day period.
• If multiple sales are permitted, there could be a waiting period (e.g. 5 days, 7 days)
between picking up the first gun and picking up the second gun.
• If multiple sales are permitted, dealers could be prohibited (or suspended) from selling.
gunsifthey have had more than one criminal trace request resulting from multiple sale
· transactions.
•
Dealers could be prohibited (or suspended) from selling guns if they have had more than 2
criminal trace requests in any 1 month period.
•
Dealers could be required to operate only from agenuine store or commercial place of
business (i.e., no "kitchen table dealers") and to have a minimum dollar amount of firearm
inventory (e.g. $250,000).-
•
Dealers could be required to certify their compliance with all local, state, and federal firearms
laws.
•
Dealers could be required to carry specified minimum amounts of liability insurance coverage
at all times.
•
Dealers could be prohibited from selling guns over the internet or at gun shows.
•
Dealers could be required not to use any incentive sales practices that tie a salesperson's
compensation to sales volume.
•
Dealers could be required to provide documentation of their sales employees' and agents'
eligibility to sell guns.
·
•
Dealers could be required to maintain computerized inventory tracking programs containing
detailed information about their acquisition and disposition of every gun.
•~ Dealers could be subject to audits of their inventory and sanctioned if they cannot account for
any firearms.
•
Dealers could be required to meet specified store security requirements to prevent theft of
guns..
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Dealers could be required to make all their employees and sales agents who
firearms participate in training programs provided by manufacturers, ATF, c
enforcement, and to pass written exams on the material covered.
.
•
Dealers could be required to sell only guns that meet all of the safety design and warning
requireinents described above.
•
Dealers could be required to cooperate with all monitoring of firearms distribution, whether
done by manufacturers, ATF, or law enforcement.
•
Dealers could be required to maintain records of all trace requests initiated by ATF, and to
report those trace requests to the manufacturer of each firearm traced.
t_,Wt}py
Product Design
•
•
Manufacturers could be prohibited from making any design or engineering decisions that
produce guns that appeal particularly to criminals or to juveniles. Various indicia of such guns
could be identified, such as high caliber, high power, and large capacity magazines.
•
Manufacturers could be prohibited from including any features in a gun that facilitate criminal i
activity or make criminals more difficult to apprehend and prosecute, such as fingerprint
resistance, easily obliterated serial numbers, the capability to be easily converted to an illegal
firearm such as a fully automatic weapon, or the capability to accept a magazine with more
than 10 rounds of ammunition.
•
Manufacturers could be required to track models of their firearms to determine whether any
are used illegally in disproportionate n_umbers, and required to make necessary design,
engineering, or manufacturing changes to eliminate the features that make those models
appealing to criminals.
•
Manufacturers could be required to make guns that conform to safety standards that are
already in effect for some places or some kinds of guns, such as the standards promulgated by
the New York State Police under 9 NYCRR §§ 482.5-482.6.
•
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Manufacturers· could be required to employ new safety features as soon as they are
technologically feasible, such as personalization devices.
•
I'·
Manufacturers could be required to employ existing safety features such as child-proofing,
internal trigger locks, magazine disconnect safeties, and chamber-loaded indicators.
Manufacturers could be required not to sell packages of parts that can easily be assembled
into a firearm.
•
Manufacturers could be prohibited from making guns from i~erior materials and, for example,
required to use materials n;teeting specific metal strength and density standards.
.·
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•
Manufacturers equid be required to sell only guns that pass specified tests,
or firing reliability tests.
.
.
·
.
•
Manufacturers could be required to carry out research and development of new gun safety
·technolo~, with a miniffium percentage of their revenues dedicated to such research.
•
Manufacturers could be required to place prominent and strong warnings in packaging
materials and to provide clear instructions about proper storage and use of guns.
•
Manufacturers could be required to fund public service campaigns to inform the public about
risks relating to guns.
•
Manufacturers could be required to issue public reports on a reguJ1ar basis specifying the
extent of their efforts to reduce the harm caused. by their products.
•
Manufacturers could be required to fire every gun before it is sold and to provide the fired
casings and serial numbers to the ATF or another law enforcement agency for inclusion in a
database for use in identifying guns used in crimes.
.
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