I

103D CONGRESS

2D SESSION H. R. 4005

To amend title 18, United States Code, to prevent minors from gaining

unsupervised access to loaded firearms or to unloaded firearms and

ammunition for such firearms.

IN THE HOUSE OF REPRESENTATIVES

MARCH 10, 1994

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

Committee on the Judiciary

A BILL

To amend title 18, United States Code, to prevent minors

from gaining unsupervised access to loaded firearms or

to unloaded firearms and ammunition for such 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. FINDINGS.

4 The Congress finds that—

5 (1) every day in the United States, 14 children

6 age 19 or under are killed in accidents, suicides, and

7 homicides involving firearms;

8 (2) according to a study by the General Ac9 counting Office, for every accidental death with a
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1 firearm, there are 100 accidental injuries with a fire2 arm;

3 (3) many of these deaths and accidental injuries

4 would be avoided by requiring owners of firearms to

5 store their firearms in a way not easily accessible to

6 minors; and

7 (4) when a child is injured by a negligently

8 stored firearm, the owner of the firearm should be

9 held criminally liable.

10 SEC. 2. ACCESS TO FIREARMS AND AMMUNITION BY JUVE11 NILES.

12 (a) PROHIBITION.—Section 922 of title 18, United

13 States Code, is amended by adding at the end the follow14 ing:

15 ‘‘(s)(1) It shall be unlawful for any person to leave

16 a loaded firearm, or an unloaded firearm and ammunition

17 for the firearm, in a way that the person knows, or reason18 ably should know, is likely to be accessible to a juvenile,

19 unless the person has given the juvenile permission to pos20 sess the item, and the possession is under the supervision

21 of an adult who is not prohibited by Federal, State, or

22 local law from possessing a firearm.

23 ‘‘(2) As used in paragraph (1):

24 ‘‘(A) The term ‘juvenile’ means an individual

25 who has not attained 18 years of age.
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1 ‘‘(B) The term ‘adult’ means an individual who

2 has attained 21 years of age.’’.

3 (b) NOTICE REQUIREMENTS.—

4 (1) NOTICE TO BE POSTED BY LICENSED DEAL5 ERS.—Section 923 of such title is amended by add6 ing at the end the following:

7 ‘‘(l) Each licensed dealer shall post conspicuously at

8 the place of business of the licensed dealer a copy of the

9 provisons of section 922(s) in block letters that are not

10 less than 1 inch in height.’’.

11 (2) NOTICE TO BE INCLUDED ON THE FORM

12 REQUIRED TO BE OBTAINED BY LICENSED DEALERS

13 FROM PROSPECTIVE FIREARMS TRANSFEREES.—Sec14 tion 926 of such title is amended by adding at the

15 end the following:

16 ‘‘(d) The Secretary shall ensure that the provisions

17 of section 922(s) appear on the form required to be ob18 tained by a licensed dealer from a prospective transferee

19 of a firearm.’’.

20 (c) PENALTY.—Section 924(a) of such title is amend21 ed—

22 (1) in paragraph (1), by striking ‘‘paragraph

23 (2) or (3) of’’; and

24 (2) by adding at the end the following:
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1 ‘‘(5) Whoever knowingly violates section 922(s) shall

2 be imprisoned not more than 1 year.’’.

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