II

106TH CONGRESS

1ST SESSION S. 967

To provide a uniform national standard to ensure that concealed firearms

are available only to authorized persons for lawful purposes.

IN THE SENATE OF THE UNITED STATES

MAY 5, 1999

Mr. LAUTENBERG introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

To provide a uniform national standard to ensure that concealed firearms are available only to authorized persons

for lawful purposes.

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 ‘‘Concealed Firearms

5 Prohibition Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) crimes committed with firearms threaten

9 the peace and domestic tranquility of the United
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1 States and reduce the security and general welfare

2 of the people of the United States;

3 (2) crimes committed with firearms impose a

4 substantial burden on interstate commerce and lead

5 to a reduction in productivity and profitability for

6 businesses around the country whose workers, sup7 pliers, and customers are adversely affected by gun

8 violence;

9 (3) the public carrying of firearms increases the

10 level of gun violence by enabling the rapid escalation

11 of otherwise minor conflicts into deadly shootings;

12 (4) the public carrying of firearms increases the

13 likelihood that incompetent or careless firearm users

14 will accidently injure or kill innocent bystanders;

15 (5) the public carrying of firearms poses a dan16 ger to citizens of the United States who travel

17 across State lines for business or other purposes;

18 and

19 (6) all Americans have a right to be protected

20 from the dangers posed by the carrying of concealed

21 firearms, regardless of their State of residence.

22 SEC. 3. UNLAWFUL ACT.

23 Section 922 of title 18, United States Code, is

24 amended by inserting after subsection (y) the following:

25 ‘‘(z) FIREARMS.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), it shall be unlawful for a person to carry

3 a firearm, any part of which has been transported

4 in interstate or foreign commerce, on his or her per5 son in public.

6 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not

7 apply to—

8 ‘‘(A) a person authorized to carry a fire9 arm under State law who is—

10 ‘‘(i) a law enforcement official;

11 ‘‘(ii) a retired law enforcement offi12 cial;

13 ‘‘(iii) a duly authorized private secu14 rity officer;

15 ‘‘(iv) a person whose employment in16 volves the transport of substantial amounts

17 of cash or other valuable items; or

18 ‘‘(v) any other person that the Attor19 ney General determines should be allowed

20 to carry a firearm because of compelling

21 circumstances, under regulations that the

22 Attorney General may promulgate;

23 ‘‘(B) a person authorized to carry a fire24 arm under a State law that permits a person to

25 carry a firearm based on an individualized de-
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1 termination, based on a review of credible evi2 dence, that the person should be allowed to

3 carry a firearm because of compelling cir4 cumstances (not including a claim of concern

5 about generalized or unspecified risks); or

6 ‘‘(C) a person authorized to carry a fire7 arm on his or her person under Federal law.

8 ‘‘(3) EFFECT ON OTHER LAWS.—

9 ‘‘(A) FEDERAL LAWS.—Nothing in this

10 subsection supersedes or limits any other Fed11 eral law (including a regulation) that prohibits

12 or restricts the possession or transportation of

13 a firearm.

14 ‘‘(B) STATE AND LOCAL LAWS.—Nothing

15 in this subsection supersedes or limits any law

16 (including a regulation) of a State or political

17 subdivision of a State that—

18 ‘‘(i) grants a right to carry a con19 cealed firearm that is more restrictive than

20 a right granted under this subsection;

21 ‘‘(ii) permits a private person or enti22 ty to prohibit or restrict the possession of

23 a concealed firearm on property belonging

24 to the person;
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1 ‘‘(iii) prohibits or restricts the posses2 sion of a firearm on any property, installa3 tion, building, facility, or park belonging to

4 a State or political subdivision of a State;

5 or

6 ‘‘(iv) permits a person to—

7 ‘‘(I) transport a lawfully-owned

8 and lawfully-secured firearm in a vehi9 cle for hunting or sporting purposes;

10 or

11 ‘‘(II) use a lawfully-owned fire12 arm for hunting or sporting pur13 poses.’’.

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