I

106TH CONGRESS

2D SESSION H. R. 5472

To provide grants for the purchase of firearms to States and units of local

government that enforce certain rules designed to protect the public

from the misuse of handguns.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 12, 2000

Mrs. TAUSCHER (for herself, Mrs. MCCARTHY of New York, Mr.

BLAGOJEVICH, Mr. BLUMENAUER, Ms. CARSON, Mr. CROWLEY, Ms.

JACKSON-LEE of Texas, Ms. LEE, Mrs. MALONEY of New York, Mr.

MCGOVERN, Ms. MILLENDER-MCDONALD, Mr. MORAN of Virginia, Mr.

NADLER, Mrs. NAPOLITANO, Ms. NORTON, Ms. PELOSI, Ms.

SCHAKOWSKY, Mrs. JONES of Ohio, Ms. VELA ́

ZQUEZ, Ms. WOOLSEY, Mr.

LIPINSKI, Mr. RANGEL, Mr. MATSUI, Mr. HASTINGS of Florida, Mr.

ENGEL, Ms. MCCARTHY of Missouri, Mr. KENNEDY of Rhode Island, and

Mr. WEINER) introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To provide grants for the purchase of firearms to States

and units of local government that enforce certain rules

designed to protect the public from the misuse of handguns.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Safer Guns for Safer

3 Communities Act’’.

4 SEC. 2. PURPOSE.

5 The purposes of this Act are to encourage firearms

6 importers, manufacturers, and dealers to import, make,

7 market, and sell firearms in a responsible manner so as

8 to protect the public from the misuse of handguns, and

9 to provide for the responsible disposition of the firearms

10 obtained by law enforcement agencies which are no longer

11 needed by such agencies.

12 SEC. 3. FINDINGS.

13 The Congress finds the following:

14 (1) According to the Department of Health and

15 Human Services, 3,793 children and adolescents

16 under 20 years of age were killed with firearms in

17 1998.

18 (2) The National Institute of Justice reported

19 in a national survey that, in 1994, 44,000,000 peo20 ple—approximately 35 percent of households—

21 owned 192,000,000 firearms, 65,000,000 of which

22 were handguns. 74 percent of those people were re23 ported to own more than 1 firearm. Nearly 50 per24 cent of those people keep 1 or more firearms in an

25 unsecured place and without trigger locks.
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1 (3) In August 1999, the Department of Edu2 cation reported that, on an average day, more than

3 10 students are expelled for bringing guns to school,

4 and that nearly 4,000 students were expelled in

5 1997–1998 for carrying a firearm onto school

6 grounds.

7 (4) According to an article published in the

8 Journal of the American Medical Association in

9 1999, gunshot injuries in the United States in 1994

10 will result in $2,300,000,000 in lifetime medical

11 costs. Nearly half of these costs will be borne by

12 United States taxpayers.

13 (5) According to the Bureau of Alcohol, To14 bacco and Firearms, over 4,300,000 new firearms

15 were available in the United States in 1998.

16 SEC. 4. GRANT PROGRAM.

17 (a) PROGRAM AUTHORIZED.—The Attorney General,

18 in consultation with the Secretary of Housing and Urban

19 Development and the Secretary of the Treasury, may pro20 vide a total of not more than 50 grants to eligible States

21 and units of local government for a period not to exceed

22 3 years.

23 (b) ELIGIBILITY.—To be eligible to receive a grant

24 award or funds under this section, a State or unit of local

25 government shall submit a written application to the At-
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1 torney General that contains such information as the At2 torney General may reasonably require and includes—

3 (1) a commitment by the applicant that the ap4 plicant (or, if funds provided to the applicant under

5 this section are to be provided to a qualified associa6 tion of law enforcement officers for the purchase of

7 a firearm, a commitment by the association that the

8 association) will not purchase a firearm from an im9 porter or manufacturer of firearms unless—

10 (A) the Secretary of the Treasury has cer11 tified that, during the 1-year period preceding

12 the date of the certification, the importer or

13 manufacturer has been in compliance with sec14 tion 5 of this Act, and, during the 5-year period

15 preceding the date of the certification, importer

16 or manufacturer has not been convicted of a

17 violation of chapter 44 of title 18, United

18 States Code, that could have been punished by

19 a term of imprisonment exceeding 1 year; and

20 (B) the firearm was most recently im21 ported into the United States by an importer

22 who is so certified, or was manufactured by a

23 manufacturer who is so certified;

24 (2) a commitment by the applicant, and a cer25 tification by the Secretary of the Treasury, that the
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1 applicant has in effect rules and regulations requir2 ing each law enforcement agency under the jurisdic3 tion of the applicant to comply with section 6;

4 (3) a commitment by the applicant that, during

5 the year for which the grant award is made under

6 this section, the applicant will expend, from non7 Federal sources, for the purchase of firearms to be

8 acquired with the grant funds, an amount equal to

9 not less than 25 percent of the amount of the grant

10 award; and

11 (4) a commitment by the applicant that the ap12 plicant will, in accordance with guidelines estab13 lished by the Attorney General, identify and collect

14 data regarding the purchase and disposal of firearms

15 pursuant to this Act.

16 (c) USE OF FUNDS.—An entity that receives grant

17 funds under this section shall use such grant funds only

18 to purchase firearms from a licensed importer or licensed

19 manufacturer who is in compliance with section 5.

20 (d) WITHHOLD PAYMENTS.—

21 (1) IN GENERAL.—If the Attorney General, in

22 consultation with the Secretary of the Treasury,

23 finds that a recipient of grant funds provided under

24 this section has violated a commitment made by the

25 recipient pursuant to subsection (b), the Attorney
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1 General shall withhold from the applicant for the

2 grant any payments that would otherwise be made

3 to the applicant under this section.

4 (2) REDISTRIBUTION.—Any funds that are

5 withheld under paragraph (1) shall be redistributed

6 to other grantees that are eligible to receive funds

7 under this section.

8 (e) DUTIES OF THE ATTORNEY GENERAL.—The At9 torney General of the United States—

10 (1) shall to the extent practicable, provide an

11 equitable distribution of grants under this section

12 among the regions of the United States and among

13 urban, suburban, and rural areas;

14 (2) shall provide for the evaluation of programs

15 implemented pursuant to this section, which may in16 clude outcome measures such as crime and victim17 ization indicators, gun-related crime, quality of life

18 measures, and community perceptions;

19 (3) shall issue such guidelines and regulations

20 as may be necessary to carry out the responsibilities

21 of the Attorney General under this section; and

22 (4) may reserve for administrative expenses not

23 more than 5 percent of the funds made available to

24 carry out this section.
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1 (f) DUTIES OF THE SECRETARY OF THE TREAS2 URY.—The Secretary of the Treasury—

3 (1) shall evaluate applications submitted pursu4 ant to this section, and make certifications, as ap5 propriate, under subsection (b)(2);

6 (2) shall evaluate annually importers and man7 ufacturers from whom grantees under this section

8 obtain firearms to determine whether the importers

9 and manufacturers are in compliance with the condi10 tions set forth in section 5, and advise the Attorney

11 General of the determinations;

12 (3) shall evaluate annually the rules and regula13 tions of the grantees under this section to determine

14 whether the grantees are in compliance with section

15 5, and advise the Attorney General of the determina16 tions;

17 (4) shall issue such guidelines and regulations,

18 consistent with the guidelines and regulations issued

19 under subsection (e)(4), as may be necessary to

20 carry out the responsibilities of the Secretary of the

21 Treasury under this section; and

22 (5) may reserve for administrative expenses not

23 more than 5 percent of the funds made available to

24 carry out this section.
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1 (g) REPORT.—Not later than 6 months after funds

2 are paid to a grantee under this section, the grantee shall

3 submit to the Attorney General a written report that de4 scribes how the funds have been used.

5 (h) LIMITATIONS ON AUTHORIZATION OF APPRO6 PRIATIONS.—

7 (1) IN GENERAL.—There are authorized to be

8 appropriated to carry out this section not more than

9 $50,000,000 for each of the fiscal years 2001

10 through 2003.

11 (2) ALLOCATION.—An amount equal to 95 per12 cent of the amount appropriated pursuant to para13 graph (1) for a fiscal year shall be made available

14 to the Attorney General of the United States, and

15 an amount equal to 5 percent of the appropriated

16 amount shall be made available to the Secretary of

17 the Treasury.

18 SEC. 5. CODE OF CONDUCT.

19 (a) REQUIREMENTS.—

20 (1) PRODUCT STANDARDS.—

21 (A) APPLICABLE TO HANDGUNS.—

22 (i) SECOND ‘‘HIDDEN’’ SERIAL NUM23 BER.—The licensee shall not import, man24 ufacture, or offer for sale a handgun un25 less the handgun has, on the exterior, a
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1 visible serial number, and has, on the inte2 rior frame or receiver, a second serial num3 ber that is visible only with the aid of an

4 optical instrument.

5 (ii) EXTERNAL LOCKING DEVICE.—

6 During the 24-month period beginning

7 with the date of the enactment of this Act,

8 the licensee shall not offer for sale a hand9 gun that is not supplied with an external

10 locking device that, when locked, prevents

11 the operation of the handgun.

12 (iii) INTERNAL LOCKING DEVICE.—

13 After the 24-month period described in

14 clause (ii), the licensee shall not import,

15 manufacture, or offer for sale a handgun

16 that does not incorporate a locking system

17 which prevents the handgun from being

18 operated without a key, combination, or

19 use of another mechanism unique to the

20 handgun.

21 (iv) SMART GUN TECHNOLOGY.—The

22 licensee—

23 (I) shall expend an amount equal

24 to not less than 2 percent of the an25 nual firearms sales revenues of the li-
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1 censee on the development of a tech2 nology that recognizes only authorized

3 users and permits a handgun to be

4 used only by authorized persons; and

5 (II) beginning 36 months after

6 the date of the enactment of this Act,

7 shall not import, design, manufacture,

8 or offer for sale a handgun (other

9 than a curio) that does not incor10 porate the technology, except that this

11 requirement shall not apply to a hand12 gun model that is in production as of

13 such date of enactment.

14 (v) CHILD SAFETY.—Beginning 12

15 months after the date of the enactment of

16 this Act, the licensee shall not import,

17 manufacture, or offer for sale a handgun

18 that can be readily fired by a child who

19 has not attained 6 years of age.

20 (vi) MINIMUM BARREL LENGTH.—The

21 licensee shall not import, manufacture, or

22 offer for sale a handgun unless the barrel

23 of the handgun is at least 3 inches in

24 length or the average group diameter test

25 result for the handgun is 1.7 inches or less
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1 at 7 yards, 3.9 inches or less at 14 yards,

2 and 6.3 inches or less at 21 yards. For

3 purposes of this clause, the average group

4 diameter test result for a handgun is the

5 arithmetic mean of the results of 3 sepa6 rate trials, each performed on a different

7 handgun of the same make and model as

8 the handgun, and in each of which, 5

9 rounds are fired from the handgun at a

10 target from the specified distance and the

11 greatest distance in inches between the

12 center of the holes made in the test target

13 is the result of the trial.

14 (vii) PERFORMANCE TESTS.—The li15 censee shall not import, manufacture, or

16 offer for sale a handgun unless the hand17 gun model has passed the following tests:

18 (I) The handgun does not show

19 any hairline crack or other evidence of

20 material failure after a cartridge load21 ed to generate excess pressure (as set

22 forth in accepted specifications for

23 cartridges of this type) has been fired

24 from each chamber of the handgun.
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1 (II) The handgun does not mal2 function after the first 20 of 600

3 rounds are fired from the handgun,

4 and has 6 or fewer malfunctions and

5 has no crack or breakage of an oper6 ating part of the handgun that in7 creases the danger of injury after 600

8 rounds are fired from the handgun, in

9 the manner described in this sub10 clause. For purposes of this subclause,

11 a malfunction caused by a failure to

12 clean and lubricate, or by defective

13 ammunition, shall be disregarded. In

14 the firing of the handgun, the firing

15 shall cease after each 100 rounds are

16 fired and shall resume after any loose

17 screws are tightened, the handgun is

18 cleaned, or an empty magazine or cyl19 inder is refilled to capacity, except

20 that if the handgun loads other than

21 with a detachable magazine, the firing

22 shall cease for 10 minutes after each

23 50 rounds are fired. The handgun

24 shall be fired using the ammunition

25 recommended in the handgun manual,
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1 or if none is recommended, any stand2 ard ammunition of the correct caliber

3 in new condition.

4 (viii) DROP TEST.—The licensee shall

5 not import, manufacture, or offer for sale

6 a handgun model that has fired after being

7 test-loaded and, with its hammer and

8 striker set in each position in which the

9 hammer and striker may be set so that it

10 is ready to fire, dropped onto a steel plate

11 or equivalent material of similar hardness

12 from a height of 1 meter from each of the

13 following positions:

14 (I) normal firing position;

15 (II) upside down;

16 (III) on the grip;

17 (IV) on the muzzle;

18 (V) on either side; and

19 (VI) on the exposed hammer or

20 striker (or, if there is no exposed

21 hammer or striker, on the rear most

22 part of the handgun).

23 (B) APPLICABLE TO PISTOLS.—

24 (i) SAFETY DEVICE.—The licensee

25 shall not import, manufacture, or offer for
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1 sale a pistol unless the pistol has a positive

2 manually operated safety device, as deter3 mined by standards relating to imported

4 firearms promulgated by the Bureau of Al5 cohol, Tobacco and Firearms.

6 (ii) MAGAZINE DISCONNECTOR.—

7 After the 12-month period that begins with

8 the date of the enactment of this Act, the

9 licensee shall not import, manufacture, or

10 offer for sale a pistol for which a magazine

11 disconnector is not available.

12 (iii) CHAMBER LOAD INDICATOR.—

13 After the 12-month period that begins with

14 the date of the enactment of this Act, the

15 licensee shall not import, manufacture, or

16 offer for sale a pistol unless the pistol has

17 a chamber load indicator that enables the

18 operator to detect, without opening the

19 chamber, whether there is ammunition in

20 the chamber.

21 (iv) INABILITY TO ACCEPT LARGE CA22 PACITY MAGAZINES.—The licensee shall

23 not import, manufacture, or offer for sale

24 a pistol that accepts a large capacity am25 munition feeding device.
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1 (v) MINIMUM LENGTH AND HEIGHT

2 STANDARDS.—The licensee shall not im3 port, manufacture, or offer for sale a pistol

4 that is less than 4 inches in height, less

5 than 6 inches in length, or less than 10

6 inches in combined height and length, un7 less the average group diameter test result

8 for the pistol is 1.7 inches or less at 7

9 yards, 3.9 inches or less at 14 yards, and

10 6.3 inches or less at 21 yards. For pur11 poses of this clause, the average group di12 ameter test result for a pistol is the arith13 metic mean of the results of 3 separate

14 trials, each performed on a different pistol

15 of the same make and model of the pistol,

16 and in each of which, 5 rounds are fired

17 from the handgun at a target from the

18 specified distance and the greatest distance

19 in inches between the center of the holes

20 made in the test target is the result of the

21 trial.

22 (vi) FIRING PIN BLOCK.—The licensee

23 shall not import, manufacture, or offer for

24 sale a pistol that does not have a firing pin

25 block or lock.
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1 (C) APPLICABLE TO REVOLVERS.—The li2 censee shall not import, manufacture, or offer

3 for sale a pistol that does not have a safety fea4 ture which—

5 (i) automatically (for a double action

6 revolver) or by manual operation (for a

7 single action revolver) causes the hammer

8 to retract so that the firing pin does not

9 rest on the primer of the cartridge; and

10 (ii) is not disabled after a mass with

11 a weight equal to that of the revolver is

12 dropped 5 times onto the rear of the ham13 mer from a height of 1 meter in a line par14 allel to the barrel.

15 (D) BAN ON SALE OF LARGE CAPACITY

16 MAGAZINES.—The licensee shall not import,

17 manufacture, or offer for sale a large capacity

18 ammunition feeding device.

19 (2) PACKAGING WARNINGS.—Beginning 6

20 months after the date of the enactment of this Act,

21 the licensee shall not import, manufacture, or offer

22 for sale a handgun the packaging of which does not

23 include in 14 point boldface type the following warn24 ing:
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1 ‘‘This handgun is not equipped with a device that

2 fully blocks use by unauthorized users. More than 200,000

3 handguns like this one are stolen from their owners every

4 year in the United States. In addition, there are more than

5 1,000 suicides each year by younger children and teen6 agers who get access to firearms. Hundreds more die from

7 accidental discharge. It is likely that many more children

8 sustain serious wounds, or inflict such wounds accidentally

9 to others. In order to limit the chance of such misuse, it

10 is imperative that you keep this weapon locked in a secure

11 place and take other steps necessary to limit the possibility

12 of theft or accident. Failure to take reasonable preventa13 tive steps may result in innocent lives being lost, and in

14 some circumstances may result in your liability for these

15 deaths.’’.

16 (3) SALES AND DISTRIBUTION RULES.—The li17 censee shall comply with the following:

18 (A) AUTHORIZED DISTRIBUTORS AND

19 DEALERS.—The licensee shall not transfer a

20 firearm to a distributor of or dealer in firearms

21 unless the distributor or dealer has entered into

22 a written agreement with the licensee to do the

23 following:

24 (i) With respect to each firearms

25 transaction between the distributor or deal-
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1 er and a person who is not licensed under

2 chapter 44 of title 18, United States Code,

3 and in the presence of the unlicensed

4 person—

5 (I) meet all requirements im6 posed by or under the chapter; and

7 (II) transfer possession of the

8 firearm to the unlicensed person.

9 (ii) Not sell a firearm at a gun show

10 unless a criminal background check is re11 quired to be completed before each firearm

12 sale at the gun show.

13 (C) INVENTORY TRACKING PLAN.—

14 (i) ELECTRONIC RECORDING OF AC15 QUISITIONS AND DISPOSITIONS.—After the

16 24-month period that begins with the date

17 of the enactment of this Act, the licensee

18 shall comply with the following:

19 (I) ACQUISITIONS.—Within 1

20 business day after acquiring a fire21 arm, the licensee shall record elec22 tronically the make, model, caliber or

23 gauge, and serial number of the fire24 arm.
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1 (II) DISPOSITIONS.—Within 1

2 business day after disposing of a fire3 arm, the licensee shall record elec4 tronically the disposition.

5 (III) MONTHLY BACKUPS.—The

6 licensee shall maintain monthly

7 backups of such records in a secure

8 container designed to prevent loss by

9 fire, theft, or other mishap.

10 (ii) MONTHLY INVENTORY ACCOUNT11 ING.—The licensee shall account for all

12 firearms acquired but not yet disposed of,

13 through a monthly electronic inventory

14 check, and maintain the account in a se15 cure location.

16 (iii) SECURITY OF RECORDS.—The li17 censee shall maintain all ATF Form 4473

18 firearm transaction records at the licens19 ee’s business premises in a secure con20 tainer designated to prevent loss by fire,

21 theft, or other mishap.

22 (D) SECURITY PLAN.—

23 (i) FIREARMS ON DISPLAY DURING

24 BUSINESS HOURS.—The licensee shall keep

25 each firearm display case locked except
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1 when removing a single firearm to show a

2 customer. The licensee shall not permit a

3 customer to handle a firearm except under

4 the direct supervision of an employee of

5 the licensee.

6 (ii) FIREARMS ON DISPLAY OUTSIDE

7 OF BUSINESS HOURS.—Other than during

8 business hours, the licensee shall store all

9 firearms in a locked fireproof safe or vault

10 in the licensee’s business premises or in

11 another secured and locked area.

12 (iii) AMMUNITION.—The licensee shall

13 store ammunition separately from all fire14 arms and in a manner inaccessible to cus15 tomers.

16 (E) JUVENILE PROTECTION.—

17 (i) CHILD SAFETY LOCKS.—The li18 censee shall not transfer possession or title

19 to a handgun to a person not licensed

20 under chapter 44 of title 18, United States

21 Code, unless the transferee is provided

22 with a secure gun storage or safety device

23 for the handgun.

24 (ii) ADULT SUPERVISION.—The li25 censee shall not permit an individual who
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1 has not attained 18 years of age to be in

2 any portion of the business premises of the

3 licensee in which a firearm or ammunition

4 is displayed, stored, offered for sale, or

5 sold, unless the individual is accompanied

6 by a parent or guardian of the individual.

7 (F) MULTIPLE HANDGUN SALES.—

8 (i) DUTIES ON DATE OF SALE.—On

9 any date on which the licensee sells 2 or

10 more handguns to a purchaser who is not

11 licensed under chapter 44 of title 18,

12 United States Code, the licensee—

13 (I) shall not transfer to the pur14 chaser possession of more than 1 of

15 the handguns; and

16 (II) shall file with the Bureau of

17 Alcohol, Tobacco and Firearms a mul18 tiple sales report with respect to the

19 sale.

20 (ii) RELEASE OF REMAINING HAND21 GUNS AFTER 14 DAYS.—During the 14-day

22 period that begins with the date of such a

23 sale, the licensee shall not transfer to the

24 purchaser possession of any of the remain25 ing handguns.
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1 (G) CODE OF RESPONSIBLE BUSINESS

2 PRACTICES.—

3 (i) QUARTERLY REPORTING OF HAND4 GUN SALES DATA TO BATF.—The licensee

5 shall provide to the Bureau of Alcohol, To6 bacco and Firearms quarterly reports of

7 the firearm sales data of the licensee,

8 downstream firearm sales data, and the

9 volume of firearm sales by make, model,

10 caliber, and gauge.

11 (ii) BAN ON HANDGUNS READILY

12 CONVERTIBLE INTO MACHINE GUNS.—The

13 licensee shall not import, manufacture, or

14 offer for sale a handgun that can be read15 ily converted into a machinegun.

16 (iii) BAN ON HANDGUNS DESIGNED

17 TO BE FINGERPRINT-RESISTANT.—The li18 censee shall not import, manufacture, or

19 offer for sale a firearm which is designed

20 to be resistant to fingerprints.

21 (iv) NO MARKETING TO MINORS OR

22 FOR USE IN CRIME.—The licensee shall not

23 market a firearm in a way that would

24 make the firearm particularly appealing to

25 individuals who have not attained 18 years
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1 of age, or by advertising the firearm as

2 ‘‘fingerprint-resistant’’.

3 (v) BAN ON NONIMPORTABLE PIS4 TOLS.—The licensee shall not manufacture

5 or offer for sale a pistol which it would be

6 unlawful to import into the United States.

7 (vi) NO FIREARM ADVERTISEMENTS

8 NEAR SCHOOLS OR PUBLIC HOUSING.—The

9 licensee shall not cause any advertisement

10 for a firearm to be placed within 1,000

11 feet of any school or public housing prop12 erty.

13 (vii) VERIFY VALIDITY OF FEDERAL

14 FIREARMS LICENSE.—Before transferring

15 a firearm to a person who claims to be li16 censed under chapter 44 of title 18, United

17 States Code, the licensee shall verify with

18 the Bureau of Alcohol, Tobacco and Fire19 arms that the person is so licensed.

20 (viii) NO TRANSFERS TO CERTAIN

21 INDICTEES.—The licensee shall not trans22 fer a firearm to another licensee if the li23 censee knows or has reasonable cause to

24 believe that the other licensee is under in25 dictment for a violation of chapter 44 of
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1 title 18, United States Code, or chapter 53

2 of the Internal Revenue Code of 1986.

3 (ix) IMPLEMENTATION OF SECURITY

4 PLAN.—The licensee shall implement a se5 curity plan for securing all firearms of the

6 licensee, including firearms being shipped

7 by the licensee, which includes the fol8 lowing:

9 (I) CONTROLLED MOVEMENT OF

10 EMPLOYEES AND VISITORS.—The li11 censee shall ensure that employee and

12 visitor movement into and out of the

13 manufacturer’s facility is only through

14 designated security control points,

15 that a visitor is admitted only after

16 positive identification and confirma17 tion of the purpose of the visit, and

18 that each employee and each visitor

19 passes through a metal detector be20 fore leaving.

21 (II) DESIGNATION OF RE22 STRICTED AREAS.—The licensee shall

23 designate any area where a firearm is

24 assembled or stored as a restricted

25 area, authorize access to such a re-
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1 stricted area only for an employee

2 whose work requires the employee to

3 enter the area or for an escorted vis4 itor, and install any protective barrier

5 necessary to deny or impede unau6 thorized access to any restricted area.

7 (III) ENTRY DETECTION SYS8 TEM.—The licensee shall ensure that

9 there is a system to detect unauthor10 ized entry into any facility or area

11 where a firearm, ammunition, or a

12 component of a firearm is stored.

13 (IV) SHIPPING RULES.—The li14 censee shall not ship a firearm except

15 in a secure carton that does not bear

16 an identifying mark or word indi17 cating that the carton contains a fire18 arm. The licensee shall—

19 (aa) secure a large carton in

20 which a firearm is shipped with

21 steel strapping in 2 different di22 rections;

23 (bb) ship a firearm only by

24 carrier or freight forwarder who

25 warrants in writing that the car-
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1 rier or forwarder conducts crimi2 nal background checks on all de3 livery personnel and reports all

4 thefts or losses of firearms to the

5 Bureau of Alcohol, Tobacco and

6 Firearms within 48 hours after

7 discovery; and

8 (cc) inspect periodically the

9 local facilities of any such carrier

10 or forwarder.

11 (x) BACKGROUND CHECKS.—The li12 censee shall not transfer a firearm to a

13 person who is not licensed under chapter

14 44 of title 18, United States Code, unless

15 the national instant criminal background

16 check system established under section 103

17 of the Brady Handgun Violence Prevention

18 Act notifies the licensee that the informa19 tion available to the system does not dem20 onstrate that the receipt of a firearm by

21 the prospective transferee would violate

22 subsection (g) or (n) of section 922 of such

23 title or State law.

24 (xi) QUALIFIED PURCHASERS.—The

25 licensee shall not transfer a firearm to a
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1 person who is not licensed under chapter

2 44 of title 18, United States Code, unless

3 the person demonstrates to the licensee, in

4 such manner as the Secretary of the

5 Treasury shall by regulations prescribe

6 that the person knows how to load, oper7 ate, unload, and safely store the firearm,

8 and how to engage and disengage all safety

9 devices on or transferred with the firearm.

10 (xii) NO SALE TO STRAW PUR11 CHASER.—The licensee shall not sell a fire12 arm to any individual who the licensee

13 knows or has reasonable cause to believe is

14 purchasing the firearm for a person who is

15 prohibited by law from receiving a firearm.

16 (4) EMPLOYEE TRAINING.—The licensee shall

17 require—

18 (A) all employees of the licensee to attend

19 annual training developed in consultation with

20 the Bureau of Alcohol, Tobacco and Firearms

21 that includes training in—

22 (i) the law governing firearms trans23 fers;

24 (ii) how to recognize an individual

25 who may be purchasing a firearm for a
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1 person who is prohibited by law from re2 ceiving a firearm and other means by

3 which unlawful firearms purchases are at4 tempted, how to recognize indications that

5 a firearm may be diverted for later sale or

6 transfer to a person who may not lawfully

7 receive a firearm, and how to respond to

8 such attempts and indications; and

9 (iii) the safe handling and storage of

10 firearms; and

11 (B) new employees of the licensee—

12 (i) before handling or selling a firearm

13 on behalf of the licensee, to attend training

14 on the topics set forth in subparagraph

15 (A), based on materials developed for the

16 annual training; and

17 (ii) thereafter, to attend the annual

18 training.

19 (b) EXEMPTIONS RELATING TO LAW ENFORCEMENT

20 AGENCIES AND THE MILITARY.—Subsection (a)(1) shall

21 not apply to—

22 (1) the importation or manufacture of a firearm

23 for transfer to, or possession by, the United States

24 or a department or agency of the United States, or
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1 a State or a department, agency, or political subdivi2 sion of a State; or

3 (2) the transfer of a firearm to, or the posses4 sion of a firearm by, a law enforcement officer em5 ployed by an entity referred to in paragraph (1) of

6 this subsection, for a law enforcement purpose, re7 gardless of whether the law enforcement officer is on

8 or off-duty.

9 (c) DEFINITIONS.—In this section, the terms

10 ‘‘State’’, ‘‘firearm’’, ‘‘licensed importer’’, ‘‘licensed manu11 facturer’’, ‘‘ammunition’’, ‘‘Secretary’’, ‘‘handgun’’, ‘‘large

12 capacity ammunition feeding device’’, ‘‘machinegun’’, and

13 ‘‘secure gun storage or safety device’’ shall have the mean14 ings given in section 921(a) of title 18, United States

15 Code.

16 SEC. 6. DISPOSITION OF FIREARMS BY LAW ENFORCEMENT

17 AGENCIES.

18 (a) IN GENERAL.—The law enforcement agency shall

19 not dispose of a firearm except by destroying the firearm

20 or transferring the firearm to another law enforcement

21 agency.

22 (b) PROVISION OF INFORMATION TO NATIONAL

23 TRACING CENTER.—The law enforcement agency, on ac24 quiring or disposing of a firearm, shall notify the Bureau

25 of Alcohol, Tobacco and Firearms of—
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1 (1) the make, model, and serial number of the

2 firearm; and

3 (2) the date of the acquisition or disposition.

4 (c) MAINTENANCE OF INFORMATION ON FIREARMS

5 TRANSFERS BY LAW ENFORCEMENT AGENCIES; USE OF

6 INFORMATION TO TRACE FIREARMS USED IN CRIME.—

7 The Bureau of Alcohol, Tobacco and Firearms shall collect

8 and maintain the information provided pursuant to sub9 section (b), and may use the information to assist a law

10 enforcement agency to trace firearms used in crime.

11 SEC. 7. INSPECTION AUTHORITY.

12 Section 923(g)(1)(B) of title 18, United States Code,

13 is amended—

14 (1) in clause (ii)(II), by striking ‘‘or’’;

15 (2) in clause (iii), by striking the period and in16 serting ‘‘; or’’; and

17 (3) by adding at the end the following:

18 ‘‘(iv) for evaluating compliance of a licensed im19 porter or licensed manufacturer with section 5 of the

20 Safer Guns for Safer Communities Act.’’.

21 SEC. 8. EVALUATION.

22 The National Institute of Justice shall, to the extent

23 practicable, evaluate the effect, if any, of the grant pro-
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1 gram in reducing gun-related crime in the jurisdictions in

2 which the recipients of grants under this Act are located.

Æ