I

103D CONGRESS

2D SESSION H. R. 4300

To prevent handgun violence and illegal commerce in firearms.

IN THE HOUSE OF REPRESENTATIVES

APRIL 26, 1994

Mr. SCHUMER (for himself, Ms. SCHENK, Mr. MCDERMOTT, Ms. PELOSI, Ms.

WATERS, Mr. REYNOLDS, Mr. STARK, Mr. DEUTSCH, Mr. ACKERMAN,

Mr. BERMAN, Mr. EDWARDS of California, and Mr. FRANK of Massachusetts) introduced the following bill; which was referred to the Committee

on the Judiciary

OCTOBER 27, 1994

Additional sponsors: Mr. KREIDLER, and Mr. LEWIS of Georgia

A BILL

To prevent handgun violence and illegal commerce in

firearms.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Handgun Control and

5 Violence Prevention Act of 1994’’.

6 SEC. 2. FINDINGS AND DECLARATIONS.

7 The Congress finds and declares that—
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1 (1) crimes committed with firearms threaten

2 the peace and domestic tranquility of the United

3 States, and threaten the security and general welfare

4 of the Nation and its people;

5 (2) crimes committed with firearms, especially

6 those committed with handguns, have imposed a

7 substantial burden on interstate commerce;

8 (3) firearms are easily transported across State

9 boundaries and, as a result, individual State action

10 to regulate firearms is made less than effective by

11 lax regulation by other States; and

12 (4) accordingly, it is necessary to establish uni13 form national laws governing all aspects of the fire14 arms industry, requiring handgun licensing and reg15 istration, expanding the categories of persons pro16 hibited from possessing firearms, limiting Federal

17 firearms licensees to bona fide importers, manufac18 turers, and dealers, and prohibiting the sale of semi19 automatic assault weapons and other dangerous

20 weapons.

21 SEC. 3. TABLE OF CONTENTS.

22 The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Findings and declarations.

Sec. 3. Table of contents.

TITLE I—NATIONAL HANDGUN CONTROLS

Sec. 101. State license required to receive a handgun.

Sec. 102. Multiple handgun transfer prohibition.
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Sec. 103. Prohibition against engaging in the business of dealing in handguns

without specific authorization; authorization required to be provided if applicant demonstrates significant unmet economic demand.

TITLE II—TRACING OF GUNS USED IN CRIMES

Sec. 201. Dealer assistance with tracing of firearms.

Sec. 202. Computerization of records.

Sec. 203. Interstate transportation of firearms.

Sec. 204. Gun running.

Sec. 205. National Firearms Tracing Center.

TITLE III—DEALER RESPONSIBILITY

Sec. 301. Compliance with State and local firearms licensing laws required before issuance of Federal firearms license.

Sec. 302. Background investigation of licensees.

Sec. 303. Increased license fees for dealers.

Sec. 304. Increased penalties for making knowingly false statements in connection with firearms.

Sec. 305. Dealer inspections.

Sec. 306. Gun shows.

Sec. 307. Acquisition and disposition records of dealers suspected of serving as

sources of illegal firearms.

Sec. 308. Dealer responsibility for sales to felons or minors.

Sec. 309. Interstate shipment of firearms.

TITLE IV—THEFT OF FIREARMS

Sec. 401. Dealer reporting of firearm thefts.

Sec. 402. Theft of firearms or explosives.

Sec. 403. Theft of firearms or explosives from licensee.

Sec. 404. Security of licensed firearms dealers.

Sec. 405. Prohibition against transactions involving stolen firearms which have

moved in interstate or foreign commerce.

TITLE V—ARMED FELONS

Sec. 501. Individuals denied administrative relief from certain firearms prohibitions; additional evidence not admissible in judicial review of

denials of such administrative relief for other persons.

Sec. 502. Clarification of definition of conviction.

Sec. 503. Enhanced penalty for use of a semiautomatic firearm during a crime

of violence or a drug trafficking crime.

Sec. 504. Violation of firearms laws in aid of drug trafficking.

Sec. 505. Mandatory penalties for firearms possession by violent felons and serious drug offenders.

TITLE VI—VIOLENT MISDEMEANANTS

Sec. 601. Prohibition against disposal of firearms or ammunition to, or receipt

of firearms or ammunition by, persons convicted of a violent

crime or subject to a protection order.

TITLE VII—AMMUNITION

Sec. 701. Federal license to deal in ammunition.
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Sec. 702. Regulation of the manufacture, importation, and sale of certain particularly dangerous bullets.

1 TITLE I—NATIONAL HANDGUN

2 CONTROLS

3 SEC. 101. STATE LICENSE REQUIRED TO RECEIVE A HAND4 GUN.

5 (a) IN GENERAL.—Section 922 of title 18, United

6 States Code, is amended by adding at the end the follow7 ing:

8 ‘‘(v)(1) It shall be unlawful for any person to sell,

9 deliver, or otherwise transfer a handgun to an individual

10 who is not licensed under section 923 unless—

11 ‘‘(A) the transferor (or a licensed dealer, if

12 State law so directs or allows) has verified that the

13 transferee possesses a valid State handgun license

14 by—

15 ‘‘(i) examining the State handgun license;

16 ‘‘(ii) examining, in addition to the State

17 handgun license, a valid identification document

18 (as defined in section 1028) containing a photo19 graph of the transferee; and

20 ‘‘(iii) contacting the chief law enforcement

21 officer of the State that issued the State hand22 gun license to confirm that the State handgun

23 license has not been revoked; and
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1 ‘‘(B) the transferor (or licensed dealer) has pro2 vided to the chief law enforcement officer of the

3 State in which the transfer is to take place a com4 pleted State handgun registration form for the hand5 gun to be transferred.

6 ‘‘(2) It shall be unlawful for any person to sell, de7 liver, or otherwise transfer handgun ammunition to an in8 dividual who is not licensed under section 923 unless the

9 transferor (or licensed dealer, if State law so directs or

10 allows) has verified that the transferee possesses a valid

11 State handgun license by—

12 ‘‘(A) examining the State handgun license; and

13 ‘‘(B) examining, in addition to the State hand14 gun license, a valid identification document (as de15 fined in section 1028) containing a photograph of

16 the transferee.

17 ‘‘(3) It shall be unlawful for any individual who is

18 not licensed under section 923 to receive a handgun or

19 handgun ammunition unless the individual possesses a

20 valid State handgun license.

21 ‘‘(4) As used in this subsection, the term ‘chief law

22 enforcement officer of the State’ means the chief, or equiv23 alent officer, of the State police force, or the designee of

24 that officer.
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1 ‘‘(5) As used in this subsection, the term ‘State hand2 gun license’ means a license issued under a State law that,

3 at a minimum, meets the following requirements:

4 ‘‘(A) The State law provides that—

5 ‘‘(i) the chief law enforcement officer of

6 the State shall issue State handgun licenses,

7 which shall meet such requirements as to form,

8 appearance, and security against forgery as are

9 prescribed by the Secretary in regulations, in

10 accordance with such procedures as are pre11 scribed by the Secretary in regulations;

12 ‘‘(ii) the State handgun license issued to a

13 licensee shall contain—

14 ‘‘(I) the name, address, date of birth,

15 physical description, and a photograph of

16 the licensee; and

17 ‘‘(II) a unique license number; and

18 ‘‘(iii) a State handgun license shall be valid

19 for a period of not more than 2 years from the

20 date of issue, unless revoked.

21 ‘‘(B) The State law provides that a State hand22 gun license may not be issued unless the chief law

23 enforcement officer of the State determines that the

24 applicant—

25 ‘‘(i) is at least 21 years of age;
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1 ‘‘(ii) is a resident of the State, by examin2 ing, at a minimum, in addition to a valid identi3 fication document (as defined in section 1028),

4 documentation such as a utility bill or lease

5 agreement;

6 ‘‘(iii) is not prohibited from possessing or

7 receiving a handgun under Federal, State, or

8 local law, based upon name- and fingerprint9 based research in all available Federal, State,

10 and local recordkeeping systems, including the

11 national instant criminal background check sys12 tem established by the Attorney General pursu13 ant to section 103 of the Brady Handgun Vio14 lence Prevention Act; and

15 ‘‘(iv) has been issued a State handgun

16 safety certificate.

17 ‘‘(D) The State law may authorize the chief law

18 enforcement officer of the State to charge a fee for

19 the issuance of a State handgun license.

20 ‘‘(E) The State law provides that, if the chief

21 law enforcement officer of the State determines that

22 an individual is ineligible to receive a State handgun

23 license and the individual in writing requests the of24 ficer to provide the reasons for that determination,

25 the officer shall provide the reasons to the individual
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1 in writing within 20 business days after receipt of

2 the request.

3 ‘‘(F)(i) The State law provides for the revoca4 tion of a State handgun license issued by the chief

5 law enforcement officer of the State if the chief law

6 enforcement officer determines that the licensee no

7 longer satisfies 1 or more of the conditions set forth

8 in subparagraph (B).

9 ‘‘(ii) The State law provides that, within 10

10 days after a person possessing a State handgun li11 cense that has been revoked receives notice of the

12 revocation, the person shall return the license to the

13 chief law enforcement officer who issued the license.

14 ‘‘(G)(i) The State law provides that, within 24

15 hours after a State handgun licensee discovers that

16 a handgun has been stolen from or lost by the li17 censee, the licensee shall report the theft or loss

18 to—

19 ‘‘(I) the Secretary;

20 ‘‘(II) the chief law enforcement officer of

21 the State; and

22 ‘‘(III) appropriate local authorities.

23 ‘‘(ii) The State law shall provide that failure to

24 make the reports described in clause (i) shall be

25 punishable by a civil penalty of not less than $1,000.
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1 ‘‘(6) As used in this subsection, the term ‘State hand2 gun registration form’ means a handgun registration form

3 prescribed under a State law that, at a minimum, meets

4 the following requirements:

5 ‘‘(A) The State law provides that a handgun

6 registration form shall not be considered completed

7 by an individual with respect to a handgun, unless

8 the form contains, at a minimum—

9 ‘‘(i) information identifying the individual,

10 including the name, address, date of birth, and

11 number on the State handgun license issued to

12 the individual; and

13 ‘‘(ii) information identifying the handgun,

14 including the manufacturer, model, caliber, and

15 serial number of the handgun.

16 ‘‘(B) The State law provides that the chief law

17 enforcement officer of the State shall furnish infor18 mation from completed handgun registration forms

19 to Federal, State, and local law enforcement authori20 ties upon request.

21 ‘‘(C) The State law may authorize the chief law

22 enforcement officer of the State to charge a fee for

23 the registration of a handgun.

24 ‘‘(7) As used in this subsection, the term ‘State hand25 gun safety certificate’ means a certificate issued under a
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1 State law that, at a minimum, meets the following require2 ments:

3 ‘‘(A) The State law provides that the chief law

4 enforcement officer of the State shall issue State

5 handgun safety certificates.

6 ‘‘(B) The State law provides that a State hand7 gun safety certificate is not to be issued to an appli8 cant, unless the chief law enforcement officer of the

9 State determines that the applicant—

10 ‘‘(i) is a resident of the State, by examin11 ing, at a minimum, in addition to a valid identi12 fication document (as defined in section 1028),

13 documentation such as a utility bill or lease

14 agreement;

15 ‘‘(ii) has completed a course of not less

16 than 2 hours of instruction in handgun safety,

17 that was taught by law enforcement officers

18 and designed by the chief law enforcement offi19 cer; and

20 ‘‘(iii) has passed an examination, designed

21 by the chief law enforcement officer, testing the

22 applicant’s knowledge of handgun safety.

23 ‘‘(C) The State law may authorize the chief law

24 enforcement officer of the State to charge a fee for
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1 the handgun safety course and examination de2 scribed in subparagraph (B).’’.

3 (b) DEFINITION OF HANDGUN AMMUNITION.—Sec4 tion 921(a) of such title is amended by adding at the end

5 the following:

6 ‘‘(30) The term ‘handgun ammunition’ means—

7 ‘‘(A) a centerfire cartridge or cartridge case less

8 than 1.3 inches in length; or

9 ‘‘(B) a primer, bullet, or propellent powder de10 signed specifically for use in a handgun.’’.

11 (c) REGULATIONS.—Section 926 of such title is

12 amended by adding at the end the following:

13 ‘‘(d) The Secretary shall, for purposes of section

14 922(v), prescribe regulations—

15 ‘‘(1) governing the form and appearance of

16 State handgun licenses;

17 ‘‘(2) establishing minimum standards that such

18 licenses must meet to be secure against forgery; and

19 ‘‘(3) establishing minimum standards that

20 States must meet in issuing such licenses in order

21 to prevent fraud or theft of such licenses.’’.

22 (d) PENALTY.—Section 924(a)(1)(B) of such title is

23 amended by striking ‘‘or (q)’’ and inserting ‘‘(r), or (v)’’.
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1 (e) TECHNICAL CORRECTION TO BRADY ACT.—Sec2 tion 922(t)(1)(B)(ii) of such title is amended by inserting

3 ‘‘or State law’’ after ‘‘section’’.

4 (f) EFFECTIVE DATE.—The amendments made by

5 this section shall become effective on the date that is 180

6 days after the date of enactment of this Act.

7 (g) FUNDING.—

8 (1) GRANTS FOR ESTABLISHING SYSTEMS OF

9 LICENSING AND REGISTRATION.—The Attorney Gen10 eral shall, subject to the availability of appropria11 tions, make a grant to each State (as defined in sec12 tion 921(a)(2) of title 18, United States Code) to be

13 used for the initial startup costs associated with es14 tablishing a system of licensing and registration con15 sistent with the requirements of section 922(v) of

16 title 18, United States Code.

17 (2) AUTHORIZATION OF APPROPRIATIONS.—

18 There is authorized to be appropriated for grants

19 under paragraph (1) a total of $200,000,000 for fis20 cal year 1995 and all fiscal years thereafter.

21 SEC. 102. MULTIPLE HANDGUN TRANSFER PROHIBITION.

22 Section 922 of title 18, United States Code, as

23 amended by section 101(a) of this Act, is amended by add24 ing at the end the following:
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1 ‘‘(w)(1)(A) It shall be unlawful for any licensed deal2 er—

3 ‘‘(i) during any 30-day period, to sell 2 or more

4 handguns to an individual who is not licensed under

5 section 923; or

6 ‘‘(ii) to sell a handgun to an individual who is

7 not licensed under section 923 and who purchased a

8 handgun during the 30-day period ending on the

9 date of the sale.

10 ‘‘(B) It shall be unlawful for any individual who is

11 not licensed under section 923 to purchase 2 or more

12 handguns during any 30-day period.

13 ‘‘(2) Paragraph (1) shall not apply to the exchange

14 of a handgun for a handgun.’’.

15 SEC. 103. PROHIBITION AGAINST ENGAGING IN THE BUSI16 NESS OF DEALING IN HANDGUNS WITHOUT

17 SPECIFIC AUTHORIZATION; AUTHORIZATION

18 REQUIRED TO BE PROVIDED IF APPLICANT

19 DEMONSTRATES SIGNIFICANT UNMET ECO20 NOMIC DEMAND.

21 (a) PROHIBITION AGAINST ENGAGING IN THE BUSI22 NESS OF DEALING IN HANDGUNS WITHOUT SPECIFIC AU23 THORIZATION.—Section 922(a)(1) of title 18, United

24 States Code, is amended—
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1 (1) by striking ‘‘or’’ at the end of subparagraph

2 (A); and

3 (2) by redesignating subparagraph (B) as sub4 paragraph (C) and inserting after subparagraph (A)

5 the following:

6 ‘‘(B) to engage in the business of dealing

7 in handguns, or in the course of such business,

8 to ship, transport, or receive any handgun in

9 interstate or foreign commerce, unless the per10 son is specifically authorized to do so under sec11 tion 923(d)(2)(A); or’’.

12 (b) AUTHORIZATION REQUIRED TO BE PROVIDED IF

13 APPLICANT DEMONSTRATES THAT IT IS IN THE PUBLIC

14 INTEREST.—Section 923(d) of such title is amended by

15 redesignating paragraph (2) as paragraph (3) and by in16 serting after paragraph (1) the following:

17 ‘‘(2)(A) The Secretary shall authorize a licensed deal18 er (or a person whose application for a license to engage

19 in the business of dealing in firearms is required to be

20 approved by the Secretary) to engage in the business of

21 dealing in handguns if the licensed dealer (or the appli22 cant) demonstrates to the Secretary, in accordance with

23 regulations which the Secretary shall prescribe, that there

24 is significant unmet lawful demand for handguns in the
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1 market area (as defined by the Secretary) served by the

2 licensed dealer (or to be served by the applicant).

3 ‘‘(B) For purposes of paragraph (3) of this sub4 section and subsections (e) and (f), a request for authority

5 to engage in the business of dealing in handguns is

6 deemed an application for a license under this section, and

7 the provision of such authority is deemed the issuance of

8 such a license.’’.

9 (c) EFFECTIVE DATE.—

10 (1) IN GENERAL.—Except as provided in para11 graph (2), the amendments made by this section

12 shall take effect 1 year after the date of the enact13 ment of this Act.

14 (2) 2-YEAR GRANDFATHERING OF LICENSED

15 DEALERS.—The amendments made by this section

16 shall not apply, during the 2-year period that begins

17 with the effective date provided for in paragraph (1)

18 of this subsection, to any person who, on such effec19 tive date, is a licensed dealer (as defined in section

20 921(a)(11) of title 18, United States Code).
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1 TITLE II—TRACING OF GUNS

2 USED IN CRIMES

3 SEC. 201. DEALER ASSISTANCE WITH TRACING OF FIRE4 ARMS.

5 (a) PROVISION OF RECORD INFORMATION.—Section

6 923(g) of title 18, United States Code, is amended by add7 ing at the end the following:

8 ‘‘(6) Each licensee shall, at such times and under

9 such conditions as the Secretary shall prescribe by regula10 tion, provide all record information required to be kept

11 by this chapter, or such lesser information as the Sec12 retary may specify, as may be required for determining

13 the disposition of a firearm in the course of a law enforce14 ment investigation.’’.

15 (b) NO CRIMINAL PENALTY.—Section 924(a)(1)(D)

16 of such title is amended by adding at the end the follow17 ing: ‘‘except section 923(g)(6),’’.

18 SEC. 202. COMPUTERIZATION OF RECORDS.

19 Section 926 of title 18, United States Code, as

20 amended by section 101(c) of this Act, is amended—

21 (1) in subsection (a), by striking the 2nd sen22 tence; and

23 (2) by adding at the end the following:

24 ‘‘(e) The Director of the Bureau of Alcohol, Tobacco,

25 and Firearms shall centralize all records of receipts and
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1 disposition of firearms obtained by the Bureau, and main2 tain such records in whatever manner will enable their

3 most efficient use in law enforcement investigations.’’.

4 SEC. 203. INTERSTATE TRANSPORTATION OF FIREARMS.

5 Section 922(a)(3) of title 18, United States Code, is

6 amended to read as follows:

7 ‘‘(3)(A) for any person not licensed under sec8 tion 923 of this title to transport a firearm from one

9 State into another State; and

10 ‘‘(B)(i) subparagraph (A) shall not preclude

11 any person who lawfully acquires a firearm by be12 quest or intestate succession in a State other than

13 the person’s State of residence from transporting the

14 firearm into or receiving the firearm in the person’s

15 State of residence, if it is lawful for the person to

16 possess the firearm in the person’s State of resi17 dence;

18 ‘‘(ii) subparagraph (A) shall not apply to the

19 transportation or receipt of any firearm obtained in

20 conformity with subsection (b)(3) of this section;

21 ‘‘(iii) subparagraph (A) shall not apply to the

22 transportation of any firearm acquired in any State

23 before the effective date of this chapter;
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1 ‘‘(iv) subparagraph (A) shall not apply to the

2 transportation of any firearm in accordance with

3 section 926A of this title; and

4 ‘‘(v) subparagraph (A) shall not apply to the

5 transportation of any firearm under contract or

6 agreement with a person licensed under section 923

7 of this title, by a person who ships or transports

8 goods in the ordinary course of business;’’.

9 SEC. 204. GUN RUNNING.

10 (a) PROHIBITIONS.—Section 922 of title 18, United

11 States Code, as amended by sections 101(a) and 102 of

12 this Act, is amended by adding at the end the following:

13 ‘‘(x) It shall be unlawful for any person not licensed

14 under section 923 to receive a firearm with the intent to

15 transfer the firearm for profit.’’.

16 (b) PENALTIES.—Section 924(a) of such title is

17 amended by adding at the end the following:

18 ‘‘(6)(A) Except as provided in subparagraph (B) of

19 this paragraph, whoever violates section 922(x) shall be

20 fined under this title, imprisoned not less than 6 months

21 and not more than 3 years, or both.

22 ‘‘(B) Whoever violates section 922(x) with respect to

23 5 or more firearms during a 30-day period shall be fined

24 under this title, imprisoned not less than 3 years, or

25 both.’’.
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1 SEC. 205. HANDGUN BARREL REGISTRATION.

2 Section 923(i) of title 18, United States Code, is

3 amended—

4 (1) by inserting ‘‘(1)’’ after ‘‘(i)’’; and

5 (2) by adding at the end the following:

6 ‘‘(2) Each licensed manufacturer shall maintain

7 records of the ballistics of handgun barrels made by the

8 licensed manufacturer, and the serial numbers of such

9 barrels, and shall make such records available to the Sec10 retary, in accordance with regulations prescribed by the

11 Secretary.’’.

12 SEC. 206. NATIONAL FIREARMS TRACING CENTER.

13 (a) ESTABLISHMENT.—The Secretary of the Treas14 ury shall establish in the Bureau of Alcohol, Tobacco, and

15 Firearms a National Firearms Tracing Center which shall

16 be operated for the purpose of tracing the chain of posses17 sion of firearms and ammunition used in crimes.

18 (b) LIMITATION ON AUTHORIZATION OF APPROPRIA19 TIONS.—For the establishment and operation of the Na20 tional Firearms Tracing Center, there are authorized to

21 be appropriated to the Secretary of the Treasury not to

22 exceed $20,000,000 for each of fiscal years 1994, 1995,

23 and 1996.
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1 TITLE III—DEALER

2 RESPONSIBILITY

3 SEC. 301. COMPLIANCE WITH STATE AND LOCAL FIREARMS

4 LICENSING LAWS REQUIRED BEFORE ISSU5 ANCE OF FEDERAL FIREARMS LICENSE.

6 Section 923(d)(1) of title 18, United States Code, is

7 amended—

8 (1) by striking ‘‘and’’ at the end of subpara9 graph (D);

10 (2) by striking the period at the end of sub11 paragraph (E) and inserting ‘‘; and’’; and

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

13 ‘‘(F) in the case of an application for a license

14 to engage in the business of dealing in firearms—

15 ‘‘(i) the applicant has complied with all re16 quirements imposed on persons desiring to en17 gage in such a business by the State and politi18 cal subdivision thereof in which the applicant

19 conducts or intends to conduct such business;

20 ‘‘(ii) the business to be conducted pursuant

21 to the license is not prohibited by the law of the

22 State or locality in which the business premises

23 is located; and

24 ‘‘(iii) the application includes a written

25 statement which—
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1 ‘‘(I) is signed by the chief of police of

2 the locality, or the sheriff of the county, in

3 which the applicant conducts or intends to

4 conduct such business, the head of the

5 State police of such State, or any official

6 designated by the Secretary; and

7 ‘‘(II) certifies that the information

8 available to the signer of the statement

9 does not indicate that the applicant is in10 eligible to obtain such a license under the

11 law of such State and locality.’’.

12 SEC. 302. BACKGROUND INVESTIGATION OF LICENSEES.

13 (a) IN GENERAL.—Section 923(d)(1)(B) of title 18,

14 United States Code, is amended—

15 (1) by inserting ‘‘after a thorough investigation

16 of’’ before ‘‘the applicant’’; and

17 (2) by striking ‘‘association)’’ and inserting

18 ‘‘association), which investigation shall include

19 checking the applicant’s fingerprints against all ap20 propriate compilations of criminal records, the Sec21 retary determines that the applicant’’.

22 (b) INSPECTION OF APPLICANT’S PREMISES.—Sec23 tion 923(d)(1) of such title, as amended by section 301

24 of this Act, is amended—
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1 (1) by striking ‘‘and’’ at the end of subpara2 graph (E);

3 (2) by striking the period at the end of sub4 paragraph (F) and inserting ‘‘; and’’; and

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

6 ‘‘(G) the Secretary has conducted an inspection

7 of the place at which the applicant is to conduct

8 business pursuant to the license.’’.

9 (c) BUSINESS PREMISES REQUIRED OF APPLI10 CANT.—Section 923(d)(1)(E) of such title is amended by

11 inserting ‘‘business’’ after ‘‘(i)’’.

12 (d) EXTENSION OF PERIOD FOR APPROVING OR DE13 NYING APPLICATION.—Section 923(d)(3) of such title, as

14 so redesignated by section 103(b) of this Act, is amended

15 by striking ‘‘forty-five-day’’ and inserting ‘‘180-day’’.

16 SEC. 303. INCREASED LICENSE FEES FOR DEALERS.

17 Section 923(a)(3) of title 18, United States Code, is

18 amended to read as follows:

19 ‘‘(3) If the applicant—

20 ‘‘(A) is a dealer in destructive devices or ammu21 nition for destructive devices, a fee of $2,000 per

22 year; or

23 ‘‘(B) is a dealer not described in subparagraph

24 (A), a fee of $3,000 for 3 years.’’.
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1 SEC. 304. INCREASED PENALTIES FOR MAKING KNOWINGLY

2 FALSE STATEMENTS IN CONNECTION WITH

3 FIREARMS.

4 (a) IN ACQUIRING A FIREARM FROM A LICENSED

5 DEALER.—Section 924(a) of title 18, United States Code,

6 is amended—

7 (1) in paragraph (1)(B), by striking ‘‘(a)(6),’’;

8 and

9 (2) in paragraph (2), by inserting ‘‘(a)(6),’’

10 after ‘‘subsection’’.

11 (b) IN RECORDKEEPING.—Section 924(a)(3) of such

12 title is amended by striking ‘‘fined not more than $1,000,

13 imprisoned not more than one year’’ and inserting ‘‘fined

14 under this title, imprisoned not more than 10 years’’.

15 SEC. 305. DEALER INSPECTIONS.

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

17 is amended by striking all after ‘‘warrant’’ and inserting

18 ‘‘as necessary to ensure compliance with this chapter, to

19 further a criminal investigation, or to determine the dis20 position of 1 or more particular firearms.’’.

21 SEC. 306. GUN SHOWS.

22 (a) PROHIBITION AGAINST CERTAIN HANDGUN

23 TRANSFERS AT GUN SHOWS.—Section 922(b) of title 18,

24 United States Code, is amended—

25 (1) by striking ‘‘and’’ at the end of paragraph

26 (4);
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1 (2) by striking the period at the end of para2 graph (5) and inserting ‘‘; or’’; and

3 (3) by inserting after paragraph (5) the follow4 ing:

5 ‘‘(6) any handgun to any person who is not a

6 licensed importer, licensed manufacturer, or licensed

7 dealer, at any place other than the location specified

8 on the license of the transferor.’’.

9 (b) CONFORMING AMENDMENT.—Section 923(j) of

10 such title is amended by inserting ‘‘, consistent with sec11 tion 922(b)(6),’’ before ‘‘temporarily’’.

12 SEC. 307. ACQUISITION AND DISPOSITION RECORDS OF

13 DEALERS SUSPECTED OF SERVING AS

14 SOURCES OF ILLEGAL FIREARMS.

15 Section 923(g)(1) of title 18, United States Code, is

16 amended by adding at the end the following:

17 ‘‘(E) If the Secretary, during a 1-year period, has

18 identified a licensed dealer as the source of 3 or more fire19 arms that have been recovered by law enforcement officials

20 in criminal investigations, or if the Secretary has reason

21 to believe that a licensed dealer is a source of firearms

22 used in crimes, the Secretary may require the dealer to

23 produce any or all records maintained by the dealer of ac24 quisition and disposition of firearms, and may continue

25 to impose such requirement until the Secretary determines
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1 that the dealer is not a source of firearms used in

2 crimes.’’.

3 SEC. 308. DEALER RESPONSIBILITY FOR SALES TO FELONS

4 OR MINORS.

5 (a) IN GENERAL.—Chapter 44 of title 18, United

6 States Code, is amended by inserting after section 922 the

7 following:

8 ‘‘§ 922A. Tort liability of licensed dealers

9 ‘‘(a)(1) Any person suffering physical injury arising

10 from a crime of violence (as defined in section 924(c)(3))

11 in which a qualified firearm is used may bring an action

12 in any United States district court against any qualified

13 licensed dealer for damages and such other relief as the

14 court deems appropriate.

15 ‘‘(2) As used in paragraph (1), the term ‘qualified

16 firearm’ means a firearm that—

17 ‘‘(A) has been transferred by a licensed dealer

18 to a person who—

19 ‘‘(i) has been convicted in any court of a

20 crime punishable by imprisonment for a term

21 exceeding one year; or

22 ‘‘(ii) has not attained the age of 18 years;

23 and

24 ‘‘(B) is subsequently used by any person in a

25 crime of violence (as defined in section 924(c)(3)).
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1 ‘‘(3) As used in paragraph (1), the term ‘qualified

2 licensed dealer’ means, with respect to a firearm, a li3 censed dealer who transfers the firearm to a person, know4 ing or having reasonable cause to believe that the person

5 is prohibited by Federal or State law from receiving the

6 firearm.

7 ‘‘(b)(1) The defendant in an action brought under

8 subsection (a) shall be held liable in tort, without regard

9 to fault or proof of defect, for all direct and consequential

10 damages arising from the crime of violence referred to

11 therein, except as provided in paragraph (2) of this sub12 section. The court, in its discretion, may award punitive

13 damages.

14 ‘‘(2) There shall be no liability under subsection (a)

15 if it is established by a preponderance of the evidence that

16 the plaintiff suffered the physical injury while committing

17 the crime of violence referred to therein.’’.

18 (b) CLERICAL AMENDMENT.—The section analysis

19 for such chapter is amended by inserting after the item

20 relating to section 922 the following:

‘‘Sec. 922A. Tort liability of licensed dealers.’’.

21 SEC. 309. INTERSTATE SHIPMENT OF FIREARMS.

22 Section 922(e) of title 18, United States Code, is

23 amended—

24 (1) by inserting ‘‘Any common or contract car25 rier that undertakes to transport or deliver firearms
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1 in interstate or foreign commerce shall, not less fre2 quently than monthly, obtain from the Secretary a

3 list of licensed dealers. The Secretary shall provide

4 to any common or contract carrier, upon request

5 and without charge, a list of licensed dealers and

6 their license numbers.’’ before ‘‘It shall’’;

7 (2) by striking ‘‘, to persons other than licensed

8 importers, licensed manufacturers, licensed dealers,

9 or licensed collectors,’’;

10 (3) by inserting ‘‘(1)’’ after ‘‘without’’;

11 (4) by inserting ‘‘, and (2) if the intended recip12 ient of the package or container is a licensed dealer,

13 written notice of the dealer’s license number’’ before

14 the semicolon; and

15 (5) by adding at the end the following: ‘‘A com16 mon or contract carrier shall be considered to have

17 cause to believe that a shipment of firearms would

18 violate this chapter if it is alleged to the carrier that

19 the intended recipient of the shipment is a licensed

20 dealer and the carrier fails to verify that the in21 tended recipient is a licensed dealer.’’.
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1 TITLE IV—THEFT OF FIREARMS

2 SEC. 401. DEALER REPORTING OF FIREARM THEFTS.

3 Section 923(g) of title 18, United States Code, as

4 amended by section 201(a) of this Act, is amended by add5 ing at the end the following:

6 ‘‘(7) Each licensee shall report to the Secretary, and

7 to the chief law enforcement officer (as defined in section

8 922(s)(8)) of the locality in which the premises specified

9 on the license is located, any theft of firearms from the

10 licensee, not later than the close of business on the first

11 business day of the licensee after the day that the licensee

12 discovers the theft.’’.

13 SEC. 402. THEFT OF FIREARMS OR EXPLOSIVES.

14 (a) FIREARMS.—Section 924 of title 18, United

15 States Code, is amended by adding at the end the follow16 ing:

17 ‘‘(j) Whoever steals any firearm which is moving as,

18 or is a part of, or which has moved in, interstate or foreign

19 commerce shall be fined under this title, imprisoned for

20 not less than 2 nor more than 10 years, or both.’’.

21 (b) EXPLOSIVES.—Section 844 of such title is

22 amended by adding at the end the following:

23 ‘‘(k) Whoever steals any explosive materials which are

24 moving as, or are a part of, or which have moved in, inter25 state or foreign commerce shall be fined under this title,
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1 imprisoned for not less than 2 nor more than 10 years,

2 or both.’’.

3 SEC. 403. THEFT OF FIREARMS OR EXPLOSIVES FROM LI4 CENSEE.

5 (a) FIREARMS.—Section 924 of title 18, United

6 States Code, as amended by section 402(a) of this Act,

7 is amended by adding at the end the following:

8 ‘‘(k) Whoever steals any firearm from a licensed im9 porter, licensed manufacturer, licensed dealer or licensed

10 collector shall be fined under this title, imprisoned not

11 more than 10 years, or both.’’.

12 (b) EXPLOSIVES.—Section 844 of such title, as

13 amended by section 402(b) of this Act, is amended by add14 ing at the end the following:

15 ‘‘(l) Whoever steals explosive materials from a li16 censed importer, licensed manufacturer or licensed dealer,

17 or from any permittee shall be fined under this title, im18 prisoned not more than 10 years, or both.’’.

19 SEC. 404. SECURITY OF LICENSED FIREARMS DEALERS.

20 (a) REQUIREMENT.—Section 923 of title 18, United

21 States Code, is amended by adding at the end the follow22 ing:

23 ‘‘(l) Licensed dealers shall provide for security

24 against theft of firearms from their business premises, in

25 accordance with regulations prescribed by the Secretary.’’.
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1 (b) DENIAL OF DEALER’S LICENSE.—Section

2 923(d)(1)(F) of such title, as added by section 301(3),

3 and amended by section 302(b)(2), of this Act, is amend4 ed—

5 (1) by striking ‘‘and’’ at the end of clause (ii);

6 (2) by adding at the end the following:

7 ‘‘(iv) the applicant has provided for secu8 rity against theft of firearms from the place at

9 which business is to be conducted pursuant to

10 the license, in accordance with regulations pre11 scribed under subsection (l); and’’.

12 SEC. 405. PROHIBITION AGAINST TRANSACTIONS INVOLV13 ING STOLEN FIREARMS WHICH HAVE MOVED

14 IN INTERSTATE OR FOREIGN COMMERCE.

15 Section 922(j) of title 18, United States Code, is

16 amended to read as follows:

17 ‘‘(j) It shall be unlawful for any person to receive,

18 possess, conceal, store, barter, sell, or dispose of any stolen

19 firearm or stolen ammunition, or pledge or accept as secu20 rity for a loan any stolen firearm or stolen ammunition,

21 which is moving as, which is a part of, which constitutes,

22 or which has been shipped or transported in, interstate

23 or foreign commerce, either before or after it was stolen,

24 knowing or having reasonable cause to believe that the

25 firearm or ammunition was stolen.’’.
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1 TITLE V—ARMED FELONS

2 SEC. 501. INDIVIDUALS DENIED ADMINISTRATIVE RELIEF

3 FROM CERTAIN FIREARMS PROHIBITIONS;

4 ADDITIONAL EVIDENCE NOT ADMISSIBLE IN

5 JUDICIAL REVIEW OF DENIALS OF SUCH AD6 MINISTRATIVE RELIEF FOR OTHER PERSONS.

7 (a) IN GENERAL.—Section 925(c) of title 18, United

8 States Code, is amended—

9 (1) in the 1st sentence, by inserting ‘‘(other

10 than an individual)’’ before ‘‘who is prohibited’’;

11 (2) by striking the 2nd and 3rd sentences;

12 (3) in the 4th sentence—

13 (A) by inserting ‘‘person (other than an in14 dividual) who is a’’ before ‘‘licensed importer’’;

15 and

16 (B) by striking ‘‘his’’ and inserting

17 ‘‘such’’; and

18 (4) in the 5th sentence, by inserting ‘‘(1) the

19 name of the person, (2) the disability with respect

20 to which the relief is granted, and, if the disability

21 was imposed by reason of a criminal conviction of

22 the person, the crime for which, and the court in

23 which, the person was convicted, and (3)’’ before

24 ‘‘the reasons therefor’’.
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1 (b) APPLICABILITY.—The amendments made by sub2 section (a) shall apply to—

3 (1) applications for administrative relief, and

4 actions for judicial review, that are pending on the

5 date of the enactment of this Act; and

6 (2) applications for administrative relief filed,

7 and actions for judicial review brought, after the

8 date of the enactment of this Act.

9 SEC. 502. CLARIFICATION OF DEFINITION OF CONVICTION.

10 Section 921(a)(20) of title 18, United States Code,

11 is amended—

12 (1) in the 1st sentence—

13 (A) by inserting ‘‘(A)’’ after ‘‘(20)’’; and

14 (B) by redesignating subparagraphs (A)

15 and (B) as clauses (i) and (ii), respectively;

16 (2) in the 2nd sentence, by striking ‘‘What’’

17 and inserting the following:

18 ‘‘(B) What’’; and

19 (3) by striking the 3rd sentence and inserting

20 the following:

21 ‘‘(C) Any State conviction which has been expunged

22 or set aside, or for which a person has been pardoned or

23 has had civil rights restored, shall not be considered a con24 viction for purposes of this chapter if—
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1 ‘‘(i) the expungement, set aside, pardon, or res2 toration of civil rights applies to a named person

3 and expressly authorizes the person to ship, trans4 port, receive, and possess firearms; and

5 ‘‘(ii) the State authority granting the

6 expungement, set aside, pardon, or restoration of

7 civil rights has expressly determined that the cir8 cumstances regarding the conviction, and the per9 son’s record and reputation, are such that—

10 ‘‘(I) the applicant will not be likely to act

11 in a manner dangerous to public safety; and

12 ‘‘(II) the granting of the relief would not

13 be contrary to the public interest.

14 ‘‘(D) Subparagraph (C) shall not apply to a convic15 tion for a violent felony (as defined in section

16 924(e)(2)(B)) or a serious drug offense (as defined in sec17 tion 924(e)(2)(A)).’’.

18 SEC. 503. ENHANCED PENALTY FOR USE OF A SEMIAUTO19 MATIC FIREARM DURING A CRIME OF VIO20 LENCE OR A DRUG TRAFFICKING CRIME.

21 (a) IN GENERAL.—Section 924(c)(1) of title 18,

22 United States Code, is amended by striking ‘‘and if the

23 firearm is a short-barreled rifle, short-barreled shotgun’’

24 and inserting ‘‘if the firearm is a semiautomatic firearm,

25 a short-barreled rifle, or a short-barreled shotgun,’’.
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1 (b) SEMIAUTOMATIC FIREARM.—Section 921(a) of

2 such title, as amended by section 101(b) of this Act, is

3 amended by adding at the end the following:

4 ‘‘(31) The term ‘semiautomatic firearm’ means any

5 repeating firearm which utilizes a portion of the energy

6 of a firing cartridge to extract the fired cartridge case and

7 chamber the next round, and which requires a separate

8 pull of the trigger to fire each cartridge.’’.

9 SEC. 504. VIOLATION OF FIREARMS LAWS IN AID OF DRUG

10 TRAFFICKING.

11 Section 924 of title 18, United States Code, as

12 amended by sections 402(a) and 403(a) of this Act, is

13 amended by adding at the end the following:

14 ‘‘(l) Whoever, with the intent to engage in or to pro15 mote conduct which—

16 ‘‘(1) is punishable under the Controlled Sub17 stances Act (21 U.S.C. 801 et seq.), the Controlled

18 Substances Import and Export Act (21 U.S.C. 951

19 et seq.), or the Maritime Drug Law Enforcement

20 Act (46 U.S.C. App. 1901 et seq.);

21 ‘‘(2) violates any law of a State relating to any

22 controlled substance (as defined in section 102 of

23 the Controlled Substances Act, 21 U.S.C. 802); or

24 ‘‘(3) constitutes a crime of violence (as defined

25 in subsection (c)(3)),
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1 violates any provision of this chapter, or attempts to do

2 so, shall be imprisoned for not more than 10 years, fined

3 under this title, or both.’’.

4 SEC. 505. MANDATORY PENALTIES FOR FIREARMS POSSES5 SION BY VIOLENT FELONS AND SERIOUS

6 DRUG OFFENDERS.

7 (a) 1 PRIOR CONVICTION.—Section 924(a)(2) of title

8 18, United States Code, is amended by inserting ‘‘, and

9 if the violation is of section 922(g)(1) by a person who

10 has a previous conviction for a violent felony or a serious

11 drug offense (as defined in subsections (e)(2) (A) and (B)

12 of this section), a sentence imposed under this paragraph

13 shall include a term of imprisonment of not less than five

14 years’’ before the period.

15 (b) 2 PRIOR CONVICTIONS.—Section 924 of such

16 title, as amended by sections 402(a), 403(a), and 504 of

17 this Act, is amended by adding at the end the following:

18 ‘‘(m)(1) Notwithstanding subsection (a)(2) of this

19 section, any person who violates section 922(g) and has

20 2 previous convictions by any court referred to in section

21 922(g)(1) for a violent felony (as defined in subsection

22 (e)(2)(B) of this section) or a serious drug offense (as de23 fined in subsection (e)(2)(A) of this section) committed

24 on occasions different from one another shall be fined as
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1 provided in this title, imprisoned not less than 10 years

2 and not more than 20 years, or both.

3 ‘‘(2) Notwithstanding any other provision of law, the

4 court shall not suspend the sentence of, or grant a proba5 tionary sentence to, such person with respect to the convic6 tion under section 922(g).’’.

7 TITLE VI—VIOLENT

8 MISDEMEANANTS

9 SEC. 601. PROHIBITION AGAINST DISPOSAL OF FIREARMS

10 OR AMMUNITION TO, OR RECEIPT OF FIRE11 ARMS OR AMMUNITION BY, PERSONS CON12 VICTED OF A VIOLENT CRIME OR SUBJECT

13 TO A PROTECTION ORDER.

14 (a) PROHIBITION AGAINST DISPOSAL.—Section

15 922(d) of title 18, United States Code, is amended—

16 (1) by striking ‘‘or’’ at the end of paragraph

17 (6);

18 (2) by striking the period at the end of para19 graph (7) and inserting a semicolon; and

20 (3) by inserting after paragraph (7) the follow21 ing:

22 ‘‘(8) has been convicted in any court of an of23 fense that—

24 ‘‘(A) is punishable by imprisonment for

25 more than 6 months; and
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1 ‘‘(B)(i) has, as an element, the use, at2 tempted use, or threatened use of physical force

3 against another person; or

4 ‘‘(ii) by its nature, involves a substantial

5 risk that physical force against a person de6 scribed in subparagraph (A) may be used in the

7 course of committing the offense; or

8 ‘‘(9) is required, pursuant to an order issued by

9 a court in a case involving the use, attempted use,

10 or threatened use of physical force against another

11 person, to refrain from contact with or maintain a

12 minimum distance from that person.’’.

13 (b) PROHIBITION AGAINST RECEIPT.—Section

14 922(g) of such title is amended—

15 (1) by striking ‘‘or’’ at the end of paragraph

16 (6); and

17 (2) by inserting after paragraph (7) the follow18 ing:

19 ‘‘(8) who has been convicted in any court of an

20 offense that—

21 ‘‘(A) is punishable by imprisonment for

22 more than 6 months; and

23 ‘‘(B)(i) has, as an element, the use, at24 tempted use, or threatened use of physical force

25 against another person; or
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1 ‘‘(ii) by its nature, involves a substantial

2 risk that physical force against a person de3 scribed in subparagraph (A) may be used in the

4 course of committing the offense; or

5 ‘‘(9) who is required, pursuant to an order is6 sued by a court in a case involving the use, at7 tempted use, or threatened use of physical force

8 against another person, to refrain from contact with

9 or maintain a minimum distance from that person,’’.

10 TITLE VII—AMMUNITION

11 SEC. 701. FEDERAL LICENSE TO DEAL IN AMMUNITION.

12 (a) DEFINITIONS.—

13 (1) DEALER.—Section 921(a)(11)(A) of title

14 18, United States Code, is amended by inserting ‘‘or

15 ammunition’’ after ‘‘firearms’’.

16 (2) COLLECTOR.—Section 921(a)(13) of such

17 title is amended by inserting ‘‘or ammunition’’ after

18 ‘‘firearms’’.

19 (3) ENGAGED IN THE BUSINESS.—Section

20 921(a)(21) of such title is amended by redesignating

21 subparagraphs (E) and (F) as subparagraphs (F)

22 and (G), respectively, and by inserting after sub23 paragraph (D) the following:

24 ‘‘(E) as applied to a dealer in ammunition, a

25 person who devotes time, attention, and labor to en-
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1 gaging in such activity as a regular course of trade

2 or business with the principal objective of livelihood

3 and profit through the repetitive purchase and resale

4 of ammunition, but such term shall not include a

5 person who makes occasional sales, exchanges, or

6 purchases of ammunition for the enhancement of a

7 personal collection or for a hobby, or who sells all or

8 part of his personal collection of ammunition;’’.

9 (b) PROHIBITIONS.—Section 922 of such title is

10 amended—

11 (1) in subsection (a)—

12 (A) in paragraph (1) (as amended by sec13 tion 103(a) of this Act)—

14 (i) by amending subparagraph (A) to

15 read as follows:

16 ‘‘(A) except a licensed importer, licensed manu17 facturer, or licensed dealer, to engage in the busi18 ness of importing, manufacturing, or dealing in fire19 arms or ammunition, or in the course of such busi20 ness to ship, transport, or receive any firearm or

21 ammunition in interstate or foreign commerce; or’’;

22 (ii) by striking ‘‘or’’ at the end of sub23 paragraph (B); and

24 (iii) by striking subparagraph (C);
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1 (B) in paragraphs (2), (3) and (5), by in2 serting ‘‘or ammunition’’ after ‘‘firearm’’ each

3 place such term appears;

4 (2) in subsection (b)(3)—

5 (A) by inserting ‘‘or ammunition’’ after

6 ‘‘firearm’’ each place such term appears; and

7 (B) by inserting ‘‘, or ammunition for a

8 rifle or shotgun,’’ after ‘‘shotgun’’;

9 (3) in subsection (c)—

10 (A) by inserting ‘‘or ammunition’’ after

11 ‘‘firearm’’ in the 1st, 3rd, 4th, 5th, 6th and 7th

12 places such term appears;

13 (B) by inserting ‘‘or any ammunition other

14 than for a shotgun or rifle,’’ after ‘‘rifle,’’ the

15 1st place such term appears; and

16 (C) by inserting ‘‘or ammunition for a

17 shotgun or rifle,’’ after ‘‘rifle,’’ the 2nd place

18 such term appears;

19 (4) in subsection (e) (as amended by section

20 309 of this Act), by inserting ‘‘or ammunition’’ after

21 ‘‘firearms’’ each place such term appears; and

22 (5) in subsection (q)(1)—

23 (A) in subparagraph (A), by inserting ‘‘or

24 ammunition’’ after ‘‘firearm’’; and

25 (B) by adding at the end the following:
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1 ‘‘(C) Subparagraph (A) shall not apply to the posses2 sion of ammunition—

3 ‘‘(i) on private property not part of school

4 grounds;

5 ‘‘(ii) if the individual possessing the ammuni6 tion is licensed to do so by the State in which the

7 school zone is located or a political subdivision of the

8 State, and the law of the State requires that, before

9 an individual obtain such a license, the law enforce10 ment authorities of the State or political subdivision

11 verify that the individual is qualified under law to

12 receive the license;

13 ‘‘(iii) which is in a locked container;

14 ‘‘(iv) by an individual for use in a program ap15 proved by a school in the school zone;

16 ‘‘(v) by an individual in accordance with a con17 tract entered into between a school in the school

18 zone and the individual or an employer of the indi19 vidual;

20 ‘‘(vi) by a law enforcement officer acting in his

21 or her official capacity; or

22 ‘‘(vii) which is possessed by an individual while

23 traversing school premises for the purpose of gaining

24 access to public or private lands open to hunting, if
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1 the entry on school premises is authorized by school

2 authorities.’’.

3 (c) LICENSING.—Section 923 of such title is amend4 ed—

5 (1) in subsection (a), by striking ‘‘, or import6 ing or manufacturing’’;

7 (2) in subsection (g)—

8 (A) in paragraph (1)—

9 (i) in subparagraph (A)—

10 (I) by inserting ‘‘and ammuni11 tion’’ after ‘‘firearms’’ the 1st place

12 such term appears;

13 (II) by striking ‘‘firearms’’ the

14 2nd place such term appears; and

15 (III) by striking ‘‘or any licensed

16 importer or manufacturer of ammuni17 tion,’’;

18 (ii) in each of subparagraphs (B)(iii)

19 and (C)(ii), by inserting ‘‘or rounds of am20 munition’’ after ‘‘firearms’’; and

21 (iii) in subparagraph (D)(iv) (as

22 added by section 404(b) of this Act), by in23 serting ‘‘or rounds of ammunition’’ after

24 ‘‘firearms’’;

25 (B) in paragraph (2)—
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1 (i) by inserting ‘‘or ammunition’’ after

2 ‘‘firearm’’; and

3 (ii) by inserting ‘‘or ammunition’’

4 after ‘‘firearms’’.

5 (C) in paragraph (6) (as added by section

6 201(a) of this Act), by inserting ‘‘or ammuni7 tion’’ after ‘‘firearm’’; and

8 (D) in paragraph (7) (as added by section

9 401 of this Act), by inserting ‘‘or ammunition’’

10 after ‘‘firearms’’;

11 (3) in subsection (j)—

12 (A) by inserting ‘‘or ammunition’’ after

13 ‘‘firearms’’ the 2nd place such term appears;

14 and

15 (B) by inserting ‘‘and ammunition’’ after

16 ‘‘firearms’’ the 3rd place such term appears;

17 and

18 (4) in subsection (l) (as added by section

19 404(a) of this Act), by inserting ‘‘or ammunition’’

20 after ‘‘firearms’’.

21 (d) PENALTIES.—Section 924 of such title is amend22 ed—

23 (1) in subsection (g), by inserting ‘‘or ammuni24 tion’’ after ‘‘firearm’’;
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1 (2) in subsection (h), by inserting ‘‘or ammuni2 tion’’ after ‘‘firearm’’ each place such term appears;

3 (3) in subsection (j) (as added by section

4 402(a) of this Act), by inserting ‘‘or ammunition’’

5 after ‘‘firearm’’; and

6 (4) in subsection (k) (as added by section

7 403(a) of this Act), by inserting ‘‘or ammunition’’

8 after ‘‘firearm’’.

9 (e) INTERSTATE TRANSPORTATION.—Section 926A

10 of such title is amended—

11 (1) in the section heading, by inserting ‘‘and

12 ammunition’’ after ‘‘firearms’’; and

13 (2) in the text, by inserting ‘‘or ammunition’’

14 after ‘‘firearm’’ in the 1st, 2nd, 3rd, and 4th places

15 such term appears.

16 (f) POSSESSION IN FEDERAL FACILITIES.—Section

17 930 of such title is amended—

18 (1) in the section heading, by inserting ‘‘, am19 munition,’’ after ‘‘firearms’’;

20 (2) by inserting ‘‘, ammunition,’’ after ‘‘fire21 arm’’ each place such term appears; and

22 (3) in subsection (c)(3), by inserting ‘‘, ammu23 nition,’’ after ‘‘firearms’’.

24 (g) CLERICAL AMENDMENTS.—The table of sections

25 for chapter 44 of such title is amended—
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1 (1) in the item relating to section 926A, by in2 serting ‘‘and ammunition’’ after ‘‘firearms’’; and

3 (2) in the item relating to section 930, by in4 serting ‘‘, ammunition,’’ after ‘‘firearms’’.

5 SEC. 702. REGULATION OF THE MANUFACTURE, IMPORTA6 TION, AND SALE OF CERTAIN PARTICULARLY

7 DANGEROUS BULLETS.

8 Section 921(a)(17) of title 18, United States Code,

9 is amended by striking subparagraph (B) and inserting

10 the following:

11 ‘‘(B) The term ‘armor piercing ammunition’ means—

12 ‘‘(i) a projectile or projectile core which may be

13 used in a handgun and which is constructed entirely

14 (excluding the presence of traces of other sub15 stances) from one or a combination of tungsten al16 loys, steel, iron, brass, bronze, beryllium copper, or

17 depleted uranium;

18 ‘‘(ii) a jacketed, hollow point projectile which

19 may be used in a handgun and the jacket of which

20 is designed to produce, upon impact, evenly spaced

21 sharp or barb-like projections that extent beyond the

22 diameter of the unfired projectile; or

23 ‘‘(iii) a jacketed projectile which may be used in

24 a handgun and the jacket of which has a weight of
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1 more than 25 percent of the total weight of the pro2 jectile.

3 ‘‘(C) The term ‘armor piercing ammunition’ does not

4 include shotgun shot required by Federal or State environ5 mental or game regulations for hunting purposes, a fran6 gible projectile designed for target shooting, a projectile

7 which the Secretary finds is primarily intended to be used

8 for sporting purposes, or any other projectile or projectile

9 core which the Secretary finds is intended to be used for

10 industrial purposes, including a charge used in an oil and

11 gas well perforating device.’’.

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