Rep. John McGuire introduces Shall Not Be Infringed Act

WASHINGTON, D.C. - Today, Congressman John McGuire (VA-05) introduced the Shall Not Be Infringed Act to allow people harmed by firearms in gun-free zones to seek compensatory damages from the state or locality in which the incident occurred.

"Gun-free zones do not prevent danger, instead they make law-abiding citizens helpless victims," said Rep. John McGuire (VA-05). "Criminals do not care about the law, and it is our right enshrined in our founding documents to protect ourselves and our families. My Shall Not Be Infringed Act allows for individuals harmed by a firearm in a gun free zone to sue the state or locality."

Background:

• The Shall Not Be Infringed Act creates a limited cause of action (civil remedy). If a state/locality has a gun-free-zone law, a harmed person may sue the state/locality and recover compensatory damages and pain and suffering when ALL conditions are met:
  • harm by another's firearm use
  • harm occurs in a "gun-free zone"
  • the person is authorized to carry in their state of residence
  • the person could have averted or mitigated the harm if allowed to carry
• Defines "gun-free zone" as any geographic area where public carry is prohibited under Federal, State, or Local law.
• Uses DOJ grants to drive compliance. For fiscal years after the bill's transition period (as described in Sec. 2(b)(1)), noncompliant states/localities may face up to a 99% reduction in:
  • Byrne-JAG funds (Omnibus Crime Control and Safe Streets Act programs)
  • COPS funds
• Reallocates withheld Byrne-JAG amounts. Funds withheld for noncompliance are reallocated to compliant states.

Read a copy of the bill's full text here.