I

103D CONGRESS

1ST SESSION H. R. 3595

To prohibit the possession of a handgun by, and the transfer of a handgun

to, a minor, with certain exceptions.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 20, 1993

Mr. SANTORUM introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To prohibit the possession of a handgun by, and the transfer

of a handgun to, a minor, with certain exceptions.

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 ‘‘Youth Handgun Con5 trol Act of 1993’’.
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1 SEC. 2. PROHIBITION AGAINST THE POSSESSION OF A

2 HANDGUN BY, AND THE TRANSFER OF A

3 HANDGUN TO, A MINOR, WITH CERTAIN EX4 CEPTIONS.

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

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

8 ‘‘(s)(1)(A) It shall be unlawful for an individual who

9 has not attained 18 years of age to possess a handgun.

10 ‘‘(B) Subparagraph (A) shall not apply to the posses11 sion of—

12 ‘‘(i) a handgun by an individual while—

13 ‘‘(I) attending a course of instruction in

14 hunter safety or firearms safety that is con15 ducted by a certified instructor (within the

16 meaning of subparagraph (C));

17 ‘‘(II) practicing the use of a firearm or

18 target shooting in accordance with State and

19 local law; or

20 ‘‘(III) hunting in accordance with State

21 and local law;

22 ‘‘(ii) an unloaded handgun while traveling to or

23 from an activity described in clause (i), if the hand24 gun is in a locked container; or

25 ‘‘(iii) a handgun by an individual on real prop26 erty that is owned or leased by a parent or legal
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1 guardian of the individual, with the consent of a

2 parent or legal guardian of the individual.

3 ‘‘(C) For purposes of subparagraph (B)(i)(I), a

4 course of instruction in hunter safety or firearms safety

5 is conducted by a certified instructor if—

6 ‘‘(i)(I) the course of instruction is conducted in

7 a State in which there are in effect laws and proce8 dures for the certification of instructors of such a

9 course of instruction; and

10 ‘‘(II) the instructor of the course is certified, in

11 accordance with such laws and procedures, to pro12 vide such a course of instruction; or

13 ‘‘(ii)(I) the course of instruction is conducted in

14 a State not described in clause (i); and

15 ‘‘(II) the instructor is certified by a qualified

16 nonprofit organization to provide such a course of

17 instruction.

18 ‘‘(D) As used in subparagraph (C)(ii)(II), the term

19 ‘qualified nonprofit organization’ means a nonprofit orga20 nization that—

21 ‘‘(i) has offices in 40 or more States; and

22 ‘‘(ii) provides firearms safety programs which

23 include training in the safe handling of firearms.

24 ‘‘(2)(A) It shall be unlawful for any person to trans25 fer a handgun or make a handgun available to an individ-
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1 ual who the person knows or has reasonable cause to be2 lieve has not attained 18 years of age, unless a parent

3 or legal guardian of the individual, who is not prohibited

4 by law from possessing or receiving a firearm, has con5 sented to the transfer.

6 ‘‘(B) It shall be unlawful for any person to transfer

7 a handgun or make a handgun available to an individual

8 who the person knows or has reasonable cause to believe—

9 ‘‘(i) has not attained 18 years of age; and

10 ‘‘(ii) has been convicted of a crime of violence

11 (as defined in section 924(c)(3)), or has been found

12 to be a juvenile delinquent for an offense which

13 would constitute such a crime if committed by an

14 adult.’’.

15 (b) HANDGUN DEFINED.—Section 921(a) of such

16 title is amended by adding at the end the following:

17 ‘‘(29) The term ‘handgun’ means—

18 ‘‘(A) a firearm the barrel of which, excluding

19 any revolving, detachable, or magazine breech, does

20 not exceed 12 inches in length; and

21 ‘‘(B) any combination of parts from which a

22 firearm described in subparagraph (A) can be as23 sembled.’’.

24 (c) PENALTIES.—Section 924(a) of such title is

25 amended—
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1 (1) in paragraph (1), by striking ‘‘paragraph

2 (2) or (3) of’’; and

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

4 ‘‘(5)(A) Whoever knowingly violates section 922(s)(1)

5 shall—

6 ‘‘(i) in the case of the 1st such offense, be fined

7 not more than $10,000, imprisoned not more than

8 1 year, or both, and chapter 403 shall apply;

9 ‘‘(ii) in the case of the 2nd such offense, be

10 fined not more than $20,000, imprisoned not less

11 than 1 year and not more than 5 years, or both, and

12 chapter 403 shall apply; or

13 ‘‘(iii) in the case of the 3rd such offense, be

14 fined not more than $50,000, imprisoned not less

15 than 1 year and not more than 4 years, or both, and

16 chapter 403 shall not apply.

17 ‘‘(B) Whoever willfully violates section—

18 ‘‘(i) 922(s)(2)(A) shall be fined not more than

19 $100,000, imprisoned not less than 2 years and not

20 more than 5 years, or both; or

21 ‘‘(ii) 922(s)(2)(B) shall be fined not more than

22 $200,000, imprisoned not less than 5 years and not

23 more than 10 years, or both.

24 ‘‘(C) Section 3571 shall not apply to offenses punish25 able under this paragraph.’’.
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1 (d) TECHNICAL AMENDMENT.—Section 5031 of such

2 title is amended by inserting ‘‘, and a 1st or 2nd violation

3 by such a person of section 922(s)(1)’’ before the period.

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