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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4300 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Handgun Control and Violence 
Prevention Act of 1994''.

SEC. 2. FINDINGS AND DECLARATIONS.

    The Congress finds and declares that--
            (1) crimes committed with firearms threaten the peace and 
        domestic tranquility of the United States, and threaten the 
        security and general welfare of the Nation and its people;
            (2) crimes committed with firearms, especially those 
        committed with handguns, have imposed a substantial burden on 
        interstate commerce;
            (3) firearms are easily transported across State boundaries 
        and, as a result, individual State action to regulate firearms 
        is made less than effective by lax regulation by other States; 
        and
            (4) accordingly, it is necessary to establish uniform 
        national laws governing all aspects of the firearms industry, 
        requiring handgun licensing and registration, expanding the 
        categories of persons prohibited from possessing firearms, 
        limiting Federal firearms licensees to bona fide importers, 
        manufacturers, and dealers, and prohibiting the sale of 
        semiautomatic assault weapons and other dangerous weapons.

SEC. 3. TABLE OF CONTENTS.

    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.
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.
Sec. 702. Regulation of the manufacture, importation, and sale of 
                            certain particularly dangerous bullets.

                   TITLE I--NATIONAL HANDGUN CONTROLS

SEC. 101. STATE LICENSE REQUIRED TO RECEIVE A HANDGUN.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(v)(1) It shall be unlawful for any person to sell, deliver, or 
otherwise transfer a handgun to an individual who is not licensed under 
section 923 unless--
            ``(A) the transferor (or a licensed dealer, if State law so 
        directs or allows) has verified that the transferee possesses a 
        valid State handgun license by--
                    ``(i) examining the State handgun license;
                    ``(ii) examining, in addition to the State handgun 
                license, a valid identification document (as defined in 
                section 1028) containing a photograph of the 
                transferee; and
                    ``(iii) contacting the chief law enforcement 
                officer of the State that issued the State handgun 
                license to confirm that the State handgun license has 
                not been revoked; and
            ``(B) the transferor (or licensed dealer) has provided to 
        the chief law enforcement officer of the State in which the 
        transfer is to take place a completed State handgun 
        registration form for the handgun to be transferred.
    ``(2) It shall be unlawful for any person to sell, deliver, or 
otherwise transfer handgun ammunition to an individual who is not 
licensed under section 923 unless the transferor (or licensed dealer, 
if State law so directs or allows) has verified that the transferee 
possesses a valid State handgun license by--
            ``(A) examining the State handgun license; and
            ``(B) examining, in addition to the State handgun license, 
        a valid identification document (as defined in section 1028) 
        containing a photograph of the transferee.
    ``(3) It shall be unlawful for any individual who is not licensed 
under section 923 to receive a handgun or handgun ammunition unless the 
individual possesses a valid State handgun license.
    ``(4) As used in this subsection, the term `chief law enforcement 
officer of the State' means the chief, or equivalent officer, of the 
State police force, or the designee of that officer.
    ``(5) As used in this subsection, the term `State handgun license' 
means a license issued under a State law that, at a minimum, meets the 
following requirements:
            ``(A) The State law provides that--
                    ``(i) the chief law enforcement officer of the 
                State shall issue State handgun licenses, which shall 
                meet such requirements as to form, appearance, and 
                security against forgery as are prescribed by the 
                Secretary in regulations, in accordance with such 
                procedures as are prescribed by the Secretary in 
                regulations;
                    ``(ii) the State handgun license issued to a 
                licensee shall contain--
                            ``(I) the name, address, date of birth, 
                        physical description, and a photograph of the 
                        licensee; and
                            ``(II) a unique license number; and
                    ``(iii) a State handgun license shall be valid for 
                a period of not more than 2 years from the date of 
                issue, unless revoked.
            ``(B) The State law provides that a State handgun license 
        may not be issued unless the chief law enforcement officer of 
        the State determines that the applicant--
                    ``(i) is at least 21 years of age;
                    ``(ii) is a resident of the State, by examining, at 
                a minimum, in addition to a valid identification 
                document (as defined in section 1028), documentation 
                such as a utility bill or lease agreement;
                    ``(iii) is not prohibited from possessing or 
                receiving a handgun under Federal, State, or local law, 
                based upon name- and fingerprint-based research in all 
                available Federal, State, and local recordkeeping 
                systems, including the national instant criminal 
                background check system established by the Attorney 
                General pursuant to section 103 of the Brady Handgun 
                Violence Prevention Act; and
                    ``(iv) has been issued a State handgun safety 
                certificate.
            ``(D) The State law may authorize the chief law enforcement 
        officer of the State to charge a fee for the issuance of a 
        State handgun license.
            ``(E) The State law provides that, if the chief law 
        enforcement officer of the State determines that an individual 
        is ineligible to receive a State handgun license and the 
        individual in writing requests the officer to provide the 
        reasons for that determination, the officer shall provide the 
        reasons to the individual in writing within 20 business days 
        after receipt of the request.
            ``(F)(i) The State law provides for the revocation of a 
        State handgun license issued by the chief law enforcement 
        officer of the State if the chief law enforcement officer 
        determines that the licensee no longer satisfies 1 or more of 
        the conditions set forth in subparagraph (B).
            ``(ii) The State law provides that, within 10 days after a 
        person possessing a State handgun license that has been revoked 
        receives notice of the revocation, the person shall return the 
        license to the chief law enforcement officer who issued the 
        license.
            ``(G)(i) The State law provides that, within 24 hours after 
        a State handgun licensee discovers that a handgun has been 
        stolen from or lost by the licensee, the licensee shall report 
        the theft or loss to--
                    ``(I) the Secretary;
                    ``(II) the chief law enforcement officer of the 
                State; and
                    ``(III) appropriate local authorities.
            ``(ii) The State law shall provide that failure to make the 
        reports described in clause (i) shall be punishable by a civil 
        penalty of not less than $1,000.
    ``(6) As used in this subsection, the term `State handgun 
registration form' means a handgun registration form prescribed under a 
State law that, at a minimum, meets the following requirements:
            ``(A) The State law provides that a handgun registration 
        form shall not be considered completed by an individual with 
        respect to a handgun, unless the form contains, at a minimum--
                    ``(i) information identifying the individual, 
                including the name, address, date of birth, and number 
                on the State handgun license issued to the individual; 
                and
                    ``(ii) information identifying the handgun, 
                including the manufacturer, model, caliber, and serial 
                number of the handgun.
            ``(B) The State law provides that the chief law enforcement 
        officer of the State shall furnish information from completed 
        handgun registration forms to Federal, State, and local law 
        enforcement authorities upon request.
            ``(C) The State law may authorize the chief law enforcement 
        officer of the State to charge a fee for the registration of a 
        handgun.
    ``(7) As used in this subsection, the term `State handgun safety 
certificate' means a certificate issued under a State law that, at a 
minimum, meets the following requirements:
            ``(A) The State law provides that the chief law enforcement 
        officer of the State shall issue State handgun safety 
        certificates.
            ``(B) The State law provides that a State handgun safety 
        certificate is not to be issued to an applicant, unless the 
        chief law enforcement officer of the State determines that the 
        applicant--
                    ``(i) is a resident of the State, by examining, at 
                a minimum, in addition to a valid identification 
                document (as defined in section 1028), documentation 
                such as a utility bill or lease agreement;
                    ``(ii) has completed a course of not less than 2 
                hours of instruction in handgun safety, that was taught 
                by law enforcement officers and designed by the chief 
                law enforcement officer; and
                    ``(iii) has passed an examination, designed by the 
                chief law enforcement officer, testing the applicant's 
                knowledge of handgun safety.
            ``(C) The State law may authorize the chief law enforcement 
        officer of the State to charge a fee for the handgun safety 
        course and examination described in subparagraph (B).''.
    (b) Definition of Handgun Ammunition.--Section 921(a) of such title 
is amended by adding at the end the following:
    ``(30) The term `handgun ammunition' means--
            ``(A) a centerfire cartridge or cartridge case less than 
        1.3 inches in length; or
            ``(B) a primer, bullet, or propellent powder designed 
        specifically for use in a handgun.''.
    (c) Regulations.--Section 926 of such title is amended by adding at 
the end the following:
    ``(d) The Secretary shall, for purposes of section 922(v), 
prescribe regulations--
            ``(1) governing the form and appearance of State handgun 
        licenses;
            ``(2) establishing minimum standards that such licenses 
        must meet to be secure against forgery; and
            ``(3) establishing minimum standards that States must meet 
        in issuing such licenses in order to prevent fraud or theft of 
        such licenses.''.
    (d) Penalty.--Section 924(a)(1)(B) of such title is amended by 
striking ``or (q)'' and inserting ``(r), or (v)''.
    (e) Technical Correction to Brady Act.--Section 922(t)(1)(B)(ii) of 
such title is amended by inserting ``or State law'' after ``section''.
    (f) Effective Date.--The amendments made by this section shall 
become effective on the date that is 180 days after the date of 
enactment of this Act.
    (g) Funding.--
            (1) Grants for establishing systems of licensing and 
        registration.--The Attorney General shall, subject to the 
        availability of appropriations, make a grant to each State (as 
        defined in section 921(a)(2) of title 18, United States Code) 
        to be used for the initial startup costs associated with 
        establishing a system of licensing and registration consistent 
        with the requirements of section 922(v) of title 18, United 
        States Code.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated for grants under paragraph (1) a total of 
        $200,000,000 for fiscal year 1995 and all fiscal years 
        thereafter.

SEC. 102. MULTIPLE HANDGUN TRANSFER PROHIBITION.

    Section 922 of title 18, United States Code, as amended by section 
101(a) of this Act, is amended by adding at the end the following:
    ``(w)(1)(A) It shall be unlawful for any licensed dealer--
            ``(i) during any 30-day period, to sell 2 or more handguns 
        to an individual who is not licensed under section 923; or
            ``(ii) to sell a handgun to an individual who is not 
        licensed under section 923 and who purchased a handgun during 
        the 30-day period ending on the date of the sale.
    ``(B) It shall be unlawful for any individual who is not licensed 
under section 923 to purchase 2 or more handguns during any 30-day 
period.
    ``(2) Paragraph (1) shall not apply to the exchange of a handgun 
for a handgun.''.

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.

    (a) Prohibition Against Engaging in the Business of Dealing in 
Handguns Without Specific Authorization.--Section 922(a)(1) of title 
18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (A); and
            (2) by redesignating subparagraph (B) as subparagraph (C) 
        and inserting after subparagraph (A) the following:
                    ``(B) to engage in the business of dealing in 
                handguns, or in the course of such business, to ship, 
                transport, or receive any handgun in interstate or 
                foreign commerce, unless the person is specifically 
                authorized to do so under section 923(d)(2)(A); or''.
    (b) Authorization Required to be Provided if Applicant Demonstrates 
That it is in the Public Interest.--Section 923(d) of such title is 
amended by redesignating paragraph (2) as paragraph (3) and by 
inserting after paragraph (1) the following:
    ``(2)(A) The Secretary shall authorize a licensed dealer (or a 
person whose application for a license to engage in the business of 
dealing in firearms is required to be approved by the Secretary) to 
engage in the business of dealing in handguns if the licensed dealer 
(or the applicant) demonstrates to the Secretary, in accordance with 
regulations which the Secretary shall prescribe, that there is 
significant unmet lawful demand for handguns in the market area (as 
defined by the Secretary) served by the licensed dealer (or to be 
served by the applicant).
    ``(B) For purposes of paragraph (3) of this subsection and 
subsections (e) and (f), a request for authority to engage in the 
business of dealing in handguns is deemed an application for a license 
under this section, and the provision of such authority is deemed the 
issuance of such a license.''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall take effect 1 year after 
        the date of the enactment of this Act.
            (2) 2-year grandfathering of licensed dealers.--The 
        amendments made by this section shall not apply, during the 2-
        year period that begins with the effective date provided for in 
        paragraph (1) of this subsection, to any person who, on such 
        effective date, is a licensed dealer (as defined in section 
        921(a)(11) of title 18, United States Code).

                TITLE II--TRACING OF GUNS USED IN CRIMES

SEC. 201. DEALER ASSISTANCE WITH TRACING OF FIREARMS.

    (a) Provision of Record Information.--Section 923(g) of title 18, 
United States Code, is amended by adding at the end the following:
    ``(6) Each licensee shall, at such times and under such conditions 
as the Secretary shall prescribe by regulation, provide all record 
information required to be kept by this chapter, or such lesser 
information as the Secretary may specify, as may be required for 
determining the disposition of a firearm in the course of a law 
enforcement investigation.''.
    (b) No Criminal Penalty.--Section 924(a)(1)(D) of such title is 
amended by adding at the end the following: ``except section 
923(g)(6),''.

SEC. 202. COMPUTERIZATION OF RECORDS.

    Section 926 of title 18, United States Code, as amended by section 
101(c) of this Act, is amended--
            (1) in subsection (a), by striking the 2nd sentence; and
            (2) by adding at the end the following:
    ``(e) The Director of the Bureau of Alcohol, Tobacco, and Firearms 
shall centralize all records of receipts and disposition of firearms 
obtained by the Bureau, and maintain such records in whatever manner 
will enable their most efficient use in law enforcement 
investigations.''.

SEC. 203. INTERSTATE TRANSPORTATION OF FIREARMS.

    Section 922(a)(3) of title 18, United States Code, is amended to 
read as follows:
            ``(3)(A) for any person not licensed under section 923 of 
        this title to transport a firearm from one State into another 
        State; and
            ``(B)(i) subparagraph (A) shall not preclude any person who 
        lawfully acquires a firearm by bequest or intestate succession 
        in a State other than the person's State of residence from 
        transporting the firearm into or receiving the firearm in the 
        person's State of residence, if it is lawful for the person to 
        possess the firearm in the person's State of residence;
            ``(ii) subparagraph (A) shall not apply to the 
        transportation or receipt of any firearm obtained in conformity 
        with subsection (b)(3) of this section;
            ``(iii) subparagraph (A) shall not apply to the 
        transportation of any firearm acquired in any State before the 
        effective date of this chapter;
            ``(iv) subparagraph (A) shall not apply to the 
        transportation of any firearm in accordance with section 926A 
        of this title; and
            ``(v) subparagraph (A) shall not apply to the 
        transportation of any firearm under contract or agreement with 
        a person licensed under section 923 of this title, by a person 
        who ships or transports goods in the ordinary course of 
        business;''.

SEC. 204. GUN RUNNING.

    (a) Prohibitions.--Section 922 of title 18, United States Code, as 
amended by sections 101(a) and 102 of this Act, is amended by adding at 
the end the following:
    ``(x) It shall be unlawful for any person not licensed under 
section 923 to receive a firearm with the intent to transfer the 
firearm for profit.''.
    (b) Penalties.--Section 924(a) of such title is amended by adding 
at the end the following:
    ``(6)(A) Except as provided in subparagraph (B) of this paragraph, 
whoever violates section 922(x) shall be fined under this title, 
imprisoned not less than 6 months and not more than 3 years, or both.
    ``(B) Whoever violates section 922(x) with respect to 5 or more 
firearms during a 30-day period shall be fined under this title, 
imprisoned not less than 3 years, or both.''.

SEC. 205. HANDGUN BARREL REGISTRATION.

    Section 923(i) of title 18, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(i)''; and
            (2) by adding at the end the following:
    ``(2) Each licensed manufacturer shall maintain records of the 
ballistics of handgun barrels made by the licensed manufacturer, and 
the serial numbers of such barrels, and shall make such records 
available to the Secretary, in accordance with regulations prescribed 
by the Secretary.''.

SEC. 206. NATIONAL FIREARMS TRACING CENTER.

    (a) Establishment.--The Secretary of the Treasury shall establish 
in the Bureau of Alcohol, Tobacco, and Firearms a National Firearms 
Tracing Center which shall be operated for the purpose of tracing the 
chain of possession of firearms and ammunition used in crimes.
    (b) Limitation on Authorization of Appropriations.--For the 
establishment and operation of the National Firearms Tracing Center, 
there are authorized to be appropriated to the Secretary of the 
Treasury not to exceed $20,000,000 for each of fiscal years 1994, 1995, 
and 1996.

                    TITLE III--DEALER RESPONSIBILITY

SEC. 301. COMPLIANCE WITH STATE AND LOCAL FIREARMS LICENSING LAWS 
              REQUIRED BEFORE ISSUANCE OF FEDERAL FIREARMS LICENSE.

    Section 923(d)(1) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(F) in the case of an application for a license to engage 
        in the business of dealing in firearms--
                    ``(i) the applicant has complied with all 
                requirements imposed on persons desiring to engage in 
                such a business by the State and political subdivision 
                thereof in which the applicant conducts or intends to 
                conduct such business;
                    ``(ii) the business to be conducted pursuant to the 
                license is not prohibited by the law of the State or 
                locality in which the business premises is located; and
                    ``(iii) the application includes a written 
                statement which--
                            ``(I) is signed by the chief of police of 
                        the locality, or the sheriff of the county, in 
                        which the applicant conducts or intends to 
                        conduct such business, the head of the State 
                        police of such State, or any official 
                        designated by the Secretary; and
                            ``(II) certifies that the information 
                        available to the signer of the statement does 
                        not indicate that the applicant is ineligible 
                        to obtain such a license under the law of such 
                        State and locality.''.

SEC. 302. BACKGROUND INVESTIGATION OF LICENSEES.

    (a) In General.--Section 923(d)(1)(B) of title 18, United States 
Code, is amended--
            (1) by inserting ``after a thorough investigation of'' 
        before ``the applicant''; and
            (2) by striking ``association)'' and inserting 
        ``association), which investigation shall include checking the 
        applicant's fingerprints against all appropriate compilations 
        of criminal records, the Secretary determines that the 
        applicant''.
    (b) Inspection of Applicant's Premises.--Section 923(d)(1) of such 
title, as amended by section 301 of this Act, is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(G) the Secretary has conducted an inspection of the 
        place at which the applicant is to conduct business pursuant to 
        the license.''.
    (c) Business Premises Required of Applicant.--Section 923(d)(1)(E) 
of such title is amended by inserting ``business'' after ``(i)''.
    (d) Extension of Period for Approving or Denying Application.--
Section 923(d)(3) of such title, as so redesignated by section 103(b) 
of this Act, is amended by striking ``forty-five-day'' and inserting 
``180-day''.

SEC. 303. INCREASED LICENSE FEES FOR DEALERS.

    Section 923(a)(3) of title 18, United States Code, is amended to 
read as follows:
    ``(3) If the applicant--
            ``(A) is a dealer in destructive devices or ammunition for 
        destructive devices, a fee of $2,000 per year; or
            ``(B) is a dealer not described in subparagraph (A), a fee 
        of $3,000 for 3 years.''.

SEC. 304. INCREASED PENALTIES FOR MAKING KNOWINGLY FALSE STATEMENTS IN 
              CONNECTION WITH FIREARMS.

    (a) In Acquiring a Firearm From a Licensed Dealer.--Section 924(a) 
of title 18, United States Code, is amended--
            (1) in paragraph (1)(B), by striking ``(a)(6),''; and
            (2) in paragraph (2), by inserting ``(a)(6),'' after 
        ``subsection''.
    (b) In Recordkeeping.--Section 924(a)(3) of such title is amended 
by striking ``fined not more than $1,000, imprisoned not more than one 
year'' and inserting ``fined under this title, imprisoned not more than 
10 years''.

SEC. 305. DEALER INSPECTIONS.

    Section 923(g)(1)(B) of title 18, United States Code, is amended by 
striking all after ``warrant'' and inserting ``as necessary to ensure 
compliance with this chapter, to further a criminal investigation, or 
to determine the disposition of 1 or more particular firearms.''.

SEC. 306. GUN SHOWS.

    (a) Prohibition Against Certain Handgun Transfers at Gun Shows.--
Section 922(b) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; or''; and
            (3) by inserting after paragraph (5) the following:
            ``(6) any handgun to any person who is not a licensed 
        importer, licensed manufacturer, or licensed dealer, at any 
        place other than the location specified on the license of the 
        transferor.''.
    (b) Conforming Amendment.--Section 923(j) of such title is amended 
by inserting ``, consistent with section 922(b)(6),'' before 
``temporarily''.

SEC. 307. ACQUISITION AND DISPOSITION RECORDS OF DEALERS SUSPECTED OF 
              SERVING AS SOURCES OF ILLEGAL FIREARMS.

    Section 923(g)(1) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(E) If the Secretary, during a 1-year period, has identified a 
licensed dealer as the source of 3 or more firearms that have been 
recovered by law enforcement officials in criminal investigations, or 
if the Secretary has reason to believe that a licensed dealer is a 
source of firearms used in crimes, the Secretary may require the dealer 
to produce any or all records maintained by the dealer of acquisition 
and disposition of firearms, and may continue to impose such 
requirement until the Secretary determines that the dealer is not a 
source of firearms used in crimes.''.

SEC. 308. DEALER RESPONSIBILITY FOR SALES TO FELONS OR MINORS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by inserting after section 922 the following:
``Sec. 922A. Tort liability of licensed dealers
    ``(a)(1) Any person suffering physical injury arising from a crime 
of violence (as defined in section 924(c)(3)) in which a qualified 
firearm is used may bring an action in any United States district court 
against any qualified licensed dealer for damages and such other relief 
as the court deems appropriate.
    ``(2) As used in paragraph (1), the term `qualified firearm' means 
a firearm that--
            ``(A) has been transferred by a licensed dealer to a person 
        who--
                    ``(i) has been convicted in any court of a crime 
                punishable by imprisonment for a term exceeding one 
                year; or
                    ``(ii) has not attained the age of 18 years; and
            ``(B) is subsequently used by any person in a crime of 
        violence (as defined in section 924(c)(3)).
    ``(3) As used in paragraph (1), the term `qualified licensed 
dealer' means, with respect to a firearm, a licensed dealer who 
transfers the firearm to a person, knowing or having reasonable cause 
to believe that the person is prohibited by Federal or State law from 
receiving the firearm.
    ``(b)(1) The defendant in an action brought under subsection (a) 
shall be held liable in tort, without regard to fault or proof of 
defect, for all direct and consequential damages arising from the crime 
of violence referred to therein, except as provided in paragraph (2) of 
this subsection. The court, in its discretion, may award punitive 
damages.
    ``(2) There shall be no liability under subsection (a) if it is 
established by a preponderance of the evidence that the plaintiff 
suffered the physical injury while committing the crime of violence 
referred to therein.''.
    (b) Clerical Amendment.--The section analysis for such chapter is 
amended by inserting after the item relating to section 922 the 
following:

``Sec. 922A. Tort liability of licensed dealers.''.

SEC. 309. INTERSTATE SHIPMENT OF FIREARMS.

    Section 922(e) of title 18, United States Code, is amended--
            (1) by inserting ``Any common or contract carrier that 
        undertakes to transport or deliver firearms in interstate or 
        foreign commerce shall, not less frequently than monthly, 
        obtain from the Secretary a list of licensed dealers. The 
        Secretary shall provide to any common or contract carrier, upon 
        request and without charge, a list of licensed dealers and 
        their license numbers.'' before ``It shall'';
            (2) by striking ``, to persons other than licensed 
        importers, licensed manufacturers, licensed dealers, or 
        licensed collectors,'';
            (3) by inserting ``(1)'' after ``without'';
            (4) by inserting ``, and (2) if the intended recipient of 
        the package or container is a licensed dealer, written notice 
        of the dealer's license number'' before the semicolon; and
            (5) by adding at the end the following: ``A common or 
        contract carrier shall be considered to have cause to believe 
        that a shipment of firearms would violate this chapter if it is 
        alleged to the carrier that the intended recipient of the 
        shipment is a licensed dealer and the carrier fails to verify 
        that the intended recipient is a licensed dealer.''.

                      TITLE IV--THEFT OF FIREARMS

SEC. 401. DEALER REPORTING OF FIREARM THEFTS.

    Section 923(g) of title 18, United States Code, as amended by 
section 201(a) of this Act, is amended by adding at the end the 
following:
    ``(7) Each licensee shall report to the Secretary, and to the chief 
law enforcement officer (as defined in section 922(s)(8)) of the 
locality in which the premises specified on the license is located, any 
theft of firearms from the licensee, not later than the close of 
business on the first business day of the licensee after the day that 
the licensee discovers the theft.''.

SEC. 402. THEFT OF FIREARMS OR EXPLOSIVES.

    (a) Firearms.--Section 924 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(j) Whoever steals any firearm which is moving as, or is a part 
of, or which has moved in, interstate or foreign commerce shall be 
fined under this title, imprisoned for not less than 2 nor more than 10 
years, or both.''.
    (b) Explosives.--Section 844 of such title is amended by adding at 
the end the following:
    ``(k) Whoever steals any explosive materials which are moving as, 
or are a part of, or which have moved in, interstate or foreign 
commerce shall be fined under this title, imprisoned for not less than 
2 nor more than 10 years, or both.''.

SEC. 403. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by section 402(a) of this Act, is amended by adding at the end 
the following:
    ``(k) Whoever steals any firearm from a licensed importer, licensed 
manufacturer, licensed dealer or licensed collector shall be fined 
under this title, imprisoned not more than 10 years, or both.''.
    (b) Explosives.--Section 844 of such title, as amended by section 
402(b) of this Act, is amended by adding at the end the following:
    ``(l) Whoever steals explosive materials from a licensed importer, 
licensed manufacturer or licensed dealer, or from any permittee shall 
be fined under this title, imprisoned not more than 10 years, or 
both.''.

SEC. 404. SECURITY OF LICENSED FIREARMS DEALERS.

    (a) Requirement.--Section 923 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(l) Licensed dealers shall provide for security against theft of 
firearms from their business premises, in accordance with regulations 
prescribed by the Secretary.''.
    (b) Denial of Dealer's License.--Section 923(d)(1)(F) of such 
title, as added by section 301(3), and amended by section 302(b)(2), of 
this Act, is amended--
            (1) by striking ``and'' at the end of clause (ii);
            (2) by adding at the end the following:
                    ``(iv) the applicant has provided for security 
                against theft of firearms from the place at which 
                business is to be conducted pursuant to the license, in 
                accordance with regulations prescribed under subsection 
                (l); and''.

SEC. 405. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN FIREARMS 
              WHICH HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE.

    Section 922(j) of title 18, United States Code, is amended to read 
as follows:
    ``(j) It shall be unlawful for any person to receive, possess, 
conceal, store, barter, sell, or dispose of any stolen firearm or 
stolen ammunition, or pledge or accept as security for a loan any 
stolen firearm or stolen ammunition, which is moving as, which is a 
part of, which constitutes, or which has been shipped or transported 
in, interstate or foreign commerce, either before or after it was 
stolen, knowing or having reasonable cause to believe that the firearm 
or ammunition was stolen.''.

                         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.

    (a) In General.--Section 925(c) of title 18, United States Code, is 
amended--
            (1) in the 1st sentence, by inserting ``(other than an 
        individual)'' before ``who is prohibited'';
            (2) by striking the 2nd and 3rd sentences;
            (3) in the 4th sentence--
                    (A) by inserting ``person (other than an 
                individual) who is a'' before ``licensed importer''; 
                and
                    (B) by striking ``his'' and inserting ``such''; and
            (4) in the 5th sentence, by inserting ``(1) the name of the 
        person, (2) the disability with respect to which the relief is 
        granted, and, if the disability was imposed by reason of a 
        criminal conviction of the person, the crime for which, and the 
        court in which, the person was convicted, and (3)'' before 
        ``the reasons therefor''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply to--
            (1) applications for administrative relief, and actions for 
        judicial review, that are pending on the date of the enactment 
        of this Act; and
            (2) applications for administrative relief filed, and 
        actions for judicial review brought, after the date of the 
        enactment of this Act.

SEC. 502. CLARIFICATION OF DEFINITION OF CONVICTION.

    Section 921(a)(20) of title 18, United States Code, is amended--
            (1) in the 1st sentence--
                    (A) by inserting ``(A)'' after ``(20)''; and
                    (B) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively;
            (2) in the 2nd sentence, by striking ``What'' and inserting 
        the following:
    ``(B) What''; and
            (3) by striking the 3rd sentence and inserting the 
        following:
    ``(C) Any State conviction which has been expunged or set aside, or 
for which a person has been pardoned or has had civil rights restored, 
shall not be considered a conviction for purposes of this chapter if--
            ``(i) the expungement, set aside, pardon, or restoration of 
        civil rights applies to a named person and expressly authorizes 
        the person to ship, transport, receive, and possess firearms; 
        and
            ``(ii) the State authority granting the expungement, set 
        aside, pardon, or restoration of civil rights has expressly 
        determined that the circumstances regarding the conviction, and 
        the person's record and reputation, are such that--
                    ``(I) the applicant will not be likely to act in a 
                manner dangerous to public safety; and
                    ``(II) the granting of the relief would not be 
                contrary to the public interest.
    ``(D) Subparagraph (C) shall not apply to a conviction for a 
violent felony (as defined in section 924(e)(2)(B)) or a serious drug 
offense (as defined in section 924(e)(2)(A)).''.

SEC. 503. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM DURING A 
              CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME.

    (a) In General.--Section 924(c)(1) of title 18, United States Code, 
is amended by striking ``and if the firearm is a short-barreled rifle, 
short-barreled shotgun'' and inserting ``if the firearm is a 
semiautomatic firearm, a short-barreled rifle, or a short-barreled 
shotgun,''.
    (b) Semiautomatic Firearm.--Section 921(a) of such title, as 
amended by section 101(b) of this Act, is amended by adding at the end 
the following:
    ``(31) The term `semiautomatic firearm' means any repeating firearm 
which utilizes a portion of the energy of a firing cartridge to extract 
the fired cartridge case and chamber the next round, and which requires 
a separate pull of the trigger to fire each cartridge.''.

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

    Section 924 of title 18, United States Code, as amended by sections 
402(a) and 403(a) of this Act, is amended by adding at the end the 
following:
    ``(l) Whoever, with the intent to engage in or to promote conduct 
which--
            ``(1) is punishable under the Controlled Substances Act (21 
        U.S.C. 801 et seq.), the Controlled Substances Import and 
        Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law 
        Enforcement Act (46 U.S.C. App. 1901 et seq.);
            ``(2) violates any law of a State relating to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act, 21 U.S.C. 802); or
            ``(3) constitutes a crime of violence (as defined in 
        subsection (c)(3)),
violates any provision of this chapter, or attempts to do so, shall be 
imprisoned for not more than 10 years, fined under this title, or 
both.''.

SEC. 505. MANDATORY PENALTIES FOR FIREARMS POSSESSION BY VIOLENT FELONS 
              AND SERIOUS DRUG OFFENDERS.

    (a) 1 Prior Conviction.--Section 924(a)(2) of title 18, United 
States Code, is amended by inserting ``, and if the violation is of 
section 922(g)(1) by a person who has a previous conviction for a 
violent felony or a serious drug offense (as defined in subsections 
(e)(2) (A) and (B) of this section), a sentence imposed under this 
paragraph shall include a term of imprisonment of not less than five 
years'' before the period.
    (b) 2 Prior Convictions.--Section 924 of such title, as amended by 
sections 402(a), 403(a), and 504 of this Act, is amended by adding at 
the end the following:
    ``(m)(1) Notwithstanding subsection (a)(2) of this section, any 
person who violates section 922(g) and has 2 previous convictions by 
any court referred to in section 922(g)(1) for a violent felony (as 
defined in subsection (e)(2)(B) of this section) or a serious drug 
offense (as defined in subsection (e)(2)(A) of this section) committed 
on occasions different from one another shall be fined as provided in 
this title, imprisoned not less than 10 years and not more than 20 
years, or both.
    ``(2) Notwithstanding any other provision of law, the court shall 
not suspend the sentence of, or grant a probationary sentence to, such 
person with respect to the conviction under section 922(g).''.

                    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.

    (a) Prohibition Against Disposal.--Section 922(d) of title 18, 
United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting a semicolon; and
            (3) by inserting after paragraph (7) the following:
            ``(8) has been convicted in any court of an offense that--
                    ``(A) is punishable by imprisonment for more than 6 
                months; and
                    ``(B)(i) has, as an element, the use, attempted 
                use, or threatened use of physical force against 
                another person; or
                    ``(ii) by its nature, involves a substantial risk 
                that physical force against a person described in 
                subparagraph (A) may be used in the course of 
                committing the offense; or
            ``(9) is required, pursuant to an order issued by a court 
        in a case involving the use, attempted use, or threatened use 
        of physical force against another person, to refrain from 
        contact with or maintain a minimum distance from that 
        person.''.
    (b) Prohibition Against Receipt.--Section 922(g) of such title is 
amended--
            (1) by striking ``or'' at the end of paragraph (6); and
            (2) by inserting after paragraph (7) the following:
            ``(8) who has been convicted in any court of an offense 
        that--
                    ``(A) is punishable by imprisonment for more than 6 
                months; and
                    ``(B)(i) has, as an element, the use, attempted 
                use, or threatened use of physical force against 
                another person; or
                    ``(ii) by its nature, involves a substantial risk 
                that physical force against a person described in 
                subparagraph (A) may be used in the course of 
                committing the offense; or
            ``(9) who is required, pursuant to an order issued by a 
        court in a case involving the use, attempted use, or threatened 
        use of physical force against another person, to refrain from 
        contact with or maintain a minimum distance from that 
        person,''.

                         TITLE VII--AMMUNITION

SEC. 701. FEDERAL LICENSE TO DEAL IN AMMUNITION.

    (a) Definitions.--
            (1) Dealer.--Section 921(a)(11)(A) of title 18, United 
        States Code, is amended by inserting ``or ammunition'' after 
        ``firearms''.
            (2) Collector.--Section 921(a)(13) of such title is amended 
        by inserting ``or ammunition'' after ``firearms''.
            (3) Engaged in the business.--Section 921(a)(21) of such 
        title is amended by redesignating subparagraphs (E) and (F) as 
        subparagraphs (F) and (G), respectively, and by inserting after 
        subparagraph (D) the following:
            ``(E) as applied to a dealer in ammunition, a person who 
        devotes time, attention, and labor to engaging in such activity 
        as a regular course of trade or business with the principal 
        objective of livelihood and profit through the repetitive 
        purchase and resale of ammunition, but such term shall not 
        include a person who makes occasional sales, exchanges, or 
        purchases of ammunition for the enhancement of a personal 
        collection or for a hobby, or who sells all or part of his 
        personal collection of ammunition;''.
    (b) Prohibitions.--Section 922 of such title is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) (as amended by section 103(a) 
                of this Act)--
                            (i) by amending subparagraph (A) to read as 
                        follows:
            ``(A) except a licensed importer, licensed manufacturer, or 
        licensed dealer, to engage in the business of importing, 
        manufacturing, or dealing in firearms or ammunition, or in the 
        course of such business to ship, transport, or receive any 
        firearm or ammunition in interstate or foreign commerce; or'';
                            (ii) by striking ``or'' at the end of 
                        subparagraph (B); and
                            (iii) by striking subparagraph (C);
                    (B) in paragraphs (2), (3) and (5), by inserting 
                ``or ammunition'' after ``firearm'' each place such 
                term appears;
            (2) in subsection (b)(3)--
                    (A) by inserting ``or ammunition'' after 
                ``firearm'' each place such term appears; and
                    (B) by inserting ``, or ammunition for a rifle or 
                shotgun,'' after ``shotgun'';
            (3) in subsection (c)--
                    (A) by inserting ``or ammunition'' after 
                ``firearm'' in the 1st, 3rd, 4th, 5th, 6th and 7th 
                places such term appears;
                    (B) by inserting ``or any ammunition other than for 
                a shotgun or rifle,'' after ``rifle,'' the 1st place 
                such term appears; and
                    (C) by inserting ``or ammunition for a shotgun or 
                rifle,'' after ``rifle,'' the 2nd place such term 
                appears;
            (4) in subsection (e) (as amended by section 309 of this 
        Act), by inserting ``or ammunition'' after ``firearms'' each 
        place such term appears; and
            (5) in subsection (q)(1)--
                    (A) in subparagraph (A), by inserting ``or 
                ammunition'' after ``firearm''; and
                    (B) by adding at the end the following:
    ``(C) Subparagraph (A) shall not apply to the possession of 
ammunition--
            ``(i) on private property not part of school grounds;
            ``(ii) if the individual possessing the ammunition is 
        licensed to do so by the State in which the school zone is 
        located or a political subdivision of the State, and the law of 
        the State requires that, before an individual obtain such a 
        license, the law enforcement authorities of the State or 
        political subdivision verify that the individual is qualified 
        under law to receive the license;
            ``(iii) which is in a locked container;
            ``(iv) by an individual for use in a program approved by a 
        school in the school zone;
            ``(v) by an individual in accordance with a contract 
        entered into between a school in the school zone and the 
        individual or an employer of the individual;
            ``(vi) by a law enforcement officer acting in his or her 
        official capacity; or
            ``(vii) which is possessed by an individual while 
        traversing school premises for the purpose of gaining access to 
        public or private lands open to hunting, if the entry on school 
        premises is authorized by school authorities.''.
    (c) Licensing.--Section 923 of such title is amended--
            (1) in subsection (a), by striking ``, or importing or 
        manufacturing'';
            (2) in subsection (g)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by inserting ``and ammunition'' 
                                after ``firearms'' the 1st place such 
                                term appears;
                                    (II) by striking ``firearms'' the 
                                2nd place such term appears; and
                                    (III) by striking ``or any licensed 
                                importer or manufacturer of 
                                ammunition,'';
                            (ii) in each of subparagraphs (B)(iii) and 
                        (C)(ii), by inserting ``or rounds of 
                        ammunition'' after ``firearms''; and
                            (iii) in subparagraph (D)(iv) (as added by 
                        section 404(b) of this Act), by inserting ``or 
                        rounds of ammunition'' after ``firearms'';
                    (B) in paragraph (2)--
                            (i) by inserting ``or ammunition'' after 
                        ``firearm''; and
                            (ii) by inserting ``or ammunition'' after 
                        ``firearms''.
                    (C) in paragraph (6) (as added by section 201(a) of 
                this Act), by inserting ``or ammunition'' after 
                ``firearm''; and
                    (D) in paragraph (7) (as added by section 401 of 
                this Act), by inserting ``or ammunition'' after 
                ``firearms'';
            (3) in subsection (j)--
                    (A) by inserting ``or ammunition'' after 
                ``firearms'' the 2nd place such term appears; and
                    (B) by inserting ``and ammunition'' after 
                ``firearms'' the 3rd place such term appears; and
            (4) in subsection (l) (as added by section 404(a) of this 
        Act), by inserting ``or ammunition'' after ``firearms''.
    (d) Penalties.--Section 924 of such title is amended--
            (1) in subsection (g), by inserting ``or ammunition'' after 
        ``firearm'';
            (2) in subsection (h), by inserting ``or ammunition'' after 
        ``firearm'' each place such term appears;
            (3) in subsection (j) (as added by section 402(a) of this 
        Act), by inserting ``or ammunition'' after ``firearm''; and
            (4) in subsection (k) (as added by section 403(a) of this 
        Act), by inserting ``or ammunition'' after ``firearm''.
    (e) Interstate Transportation.--Section 926A of such title is 
amended--
            (1) in the section heading, by inserting ``and ammunition'' 
        after ``firearms''; and
            (2) in the text, by inserting ``or ammunition'' after 
        ``firearm'' in the 1st, 2nd, 3rd, and 4th places such term 
        appears.
    (f) Possession in Federal Facilities.--Section 930 of such title is 
amended--
            (1) in the section heading, by inserting ``, ammunition,'' 
        after ``firearms'';
            (2) by inserting ``, ammunition,'' after ``firearm'' each 
        place such term appears; and
            (3) in subsection (c)(3), by inserting ``, ammunition,'' 
        after ``firearms''.
    (g) Clerical Amendments.--The table of sections for chapter 44 of 
such title is amended--
            (1) in the item relating to section 926A, by inserting 
        ``and ammunition'' after ``firearms''; and
            (2) in the item relating to section 930, by inserting ``, 
        ammunition,'' after ``firearms''.

SEC. 702. REGULATION OF THE MANUFACTURE, IMPORTATION, AND SALE OF 
              CERTAIN PARTICULARLY DANGEROUS BULLETS.

    Section 921(a)(17) of title 18, United States Code, is amended by 
striking subparagraph (B) and inserting the following:
    ``(B) The term `armor piercing ammunition' means--
            ``(i) a projectile or projectile core which may be used in 
        a handgun and which is constructed entirely (excluding the 
        presence of traces of other substances) from one or a 
        combination of tungsten alloys, steel, iron, brass, bronze, 
        beryllium copper, or depleted uranium;
            ``(ii) a jacketed, hollow point projectile which may be 
        used in a handgun and the jacket of which is designed to 
        produce, upon impact, evenly spaced sharp or barb-like 
        projections that extent beyond the diameter of the unfired 
        projectile; or
            ``(iii) a jacketed projectile which may be used in a 
        handgun and the jacket of which has a weight of more than 25 
        percent of the total weight of the projectile.
    ``(C) The term `armor piercing ammunition' does not include shotgun 
shot required by Federal or State environmental or game regulations for 
hunting purposes, a frangible projectile designed for target shooting, 
a projectile which the Secretary finds is primarily intended to be used 
for sporting purposes, or any other projectile or projectile core which 
the Secretary finds is intended to be used for industrial purposes, 
including a charge used in an oil and gas well perforating device.''.

                                 <all>

HR 4300 SC----2
HR 4300 SC----3
HR 4300 SC----4
```