II

106TH CONGRESS

1ST SESSION S. 991

To prohibit the receipt, transfer, transportation, or possession of a firearm

or ammunition by certain violent juvenile offenders, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 6, 1999

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

to the Committee on the Judiciary

A BILL

To prohibit the receipt, transfer, transportation, or possession of a firearm or ammunition by certain violent juvenile offenders, and for other 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 ‘‘Youth Violence Preven5 tion Act of 1999’’.

6 SEC. 2. PROHIBITION ON FIREARMS OR AMMUNITION POS7 SESSION BY VIOLENT JUVENILE OFFENDERS.

8 (a) DEFINITION.—Section 921(a)(20) of title 18,

9 United States Code, is amended by—

10 (1) inserting ‘‘(A)’’ after ‘‘(20)’’;
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1 (2) redesignating subparagraphs (A) and (B) as

2 clauses (i) and (ii), respectively;

3 (3) inserting after clause (ii) the following:

4 ‘‘(B) For purposes of section 922(d) and

5 (g) of this title, the term ‘act of violent juvenile

6 delinquency’ means an adjudication of delin7 quency in Federal or State court, based on a

8 finding of the commission of an act by a person

9 prior to his or her eighteenth birthday that, if

10 committed by an adult, would be a serious vio11 lent felony, as defined in section

12 3559(c)(2)(F)(i) of this title, had Federal juris13 diction been exercised (except that section

14 3559(c)(3) shall not apply to this subpara15 graph):’’; and

16 (4) striking ‘‘What constitutes’’ through ‘‘this

17 chapter,’’ and inserting:

18 ‘‘(C) What constitutes a conviction of such

19 a crime or an adjudication of an act of violent

20 juvenile delinquency shall be determined in ac21 cordance with the law of the jurisdiction in

22 which the proceedings were held. Any State

23 conviction or adjudication of an act of violent

24 juvenile delinquency that has been expunged or

25 set aside, or for which a person has been par-
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1 doned or has had civil rights restored, by the

2 jurisdiction in which the conviction or adjudica3 tion of an act of violent juvenile delinquency oc4 curred shall not be considered a conviction or

5 adjudication of an act of violent juvenile delin6 quency for purposes of this chapter,’’.

7 (b) PROHIBITION.—Section 922 of title 18, United

8 States Code is amended—

9 (1) in subsection (d)—

10 (A) in paragraph (8), by striking ‘‘or’’ at

11 the end;

12 (B) in paragraph (9), by striking the pe13 riod at the end and inserting ‘‘; or’’ ; and

14 (C) by inserting after paragraph (9) the

15 following:

16 ‘‘(10) has committed an act of violent juvenile

17 delinquency.’’; and

18 (2) in subsection (g)—

19 (A) in paragraph (8), by striking ‘‘or’’ at

20 the end;

21 (B) in paragraph (9), by striking the pe22 riod at the end and inserting ‘‘; or’’ ; and

23 (C) by inserting after paragraph (9) the

24 following:
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1 ‘‘(10) has committed an act of violent juvenile

2 delinquency.’’.

3 (c) EFFECTIVE DATE OF ADJUDICATION PROVI4 SIONS.—The amendments made by this section shall apply

5 only to an adjudication of an act of violent juvenile delin6 quency that occurs after the date that is 30 days after

7 the date on which the Attorney General notifies Federal

8 firearms licensees, through publication in the Federal Reg9 ister by the Secretary of the Treasury, that the records

10 of such adjudications are routinely available in the na11 tional instant criminal background check system estab12 lished under section 103(b) of the Brady Handgun Vio13 lence Prevention Act.

14 SEC. 3. STRAW PURCHASE PENALTIES.

15 (a) STRAW PURCHASE PENALTIES.—Section

16 924(a)(2) of title 18, United States Code, is amended to

17 read as follows:

18 ‘‘(2) Whoever knowingly violates—

19 ‘‘(A) subsection (d), (g), (h), (i), (j) or (o)

20 of section 922 shall be fined as provided in this

21 title, imprisoned not more than 10 years, or

22 both; and

23 ‘‘(B) section 922(a)(6) shall be fined as

24 provided in this title, imprisoned not more than

25 10 years, or both, except—
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1 ‘‘(i) whoever knowingly violates sub2 section (a)(6) for the purpose of selling,

3 delivering, or otherwise transferring a fire4 arm knowing or having reasonable cause to

5 know that another will carry or otherwise

6 possess or discharge or otherwise use the

7 firearm in the commission of a violent fel8 ony, shall be—

9 ‘‘(I) fined under this title, impris10 oned not more than 15 years, or both;

11 or

12 ‘‘(II) fined under this title, im13 prisoned not more than 20 years, or

14 both where the procurement is for a

15 juvenile; and

16 ‘‘In this paragraph, the term ‘violent felony’ means

17 conduct described in section 924(e)(2)(B) of this

18 title and the term ‘juvenile’ has the same meaning

19 as in section 922(x).’’.

20 (b) EFFECTIVE DATE.—The amendment made by

21 this section shall take effect 180 days after the date of

22 enactment of this Act.

23 SEC. 4. JUVENILE WEAPONS PENALTIES.

24 (a) JUVENILE WEAPONS PENALTIES.—Section

25 924(a) of title 18 United States Code, is amended—
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1 (1) in paragraph (4), by striking ‘‘Whoever’’

2 and inserting ‘‘Except as provided in paragraph (6),

3 whoever’’; and

4 (2) by striking paragraph (6) and inserting the

5 following:

6 ‘‘(6)(A) A juvenile who violates section 922(x)

7 shall be fined under this title, imprisoned not more

8 than 1 year, or both, except—

9 ‘‘(i) a juvenile shall be sentenced to proba10 tion on appropriate conditions and shall not be

11 incarcerated unless the juvenile fails to comply

12 with a condition of probation, if—

13 ‘‘(I) the offense of which the juvenile

14 is charged is possession of a handgun or

15 ammunition in violation of section

16 922(x)(2); and

17 ‘‘(II) the juvenile has not been con18 victed in any court of an offense (including

19 an offense under section 922(x) or a simi20 lar State law, but not including any other

21 offense consisting of conduct that if en22 gaged in by an adult would not constitute

23 an offense) or adjudicated as a juvenile de24 linquent for conduct that if engaged in by

25 an adult would constitute an offense; or
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1 ‘‘(ii) a juvenile shall be fined under this

2 title, imprisoned not more than 20 years, or

3 both, if—

4 ‘‘(I) the offense of which the juvenile

5 is charged is possession of a handgun or

6 ammunition in violation of section

7 922(x)(2); and

8 ‘‘(II) during the same course of con9 duct in violating section 992(x)(2), the ju10 venile violated section 922(q), with the in11 tent to carry or otherwise possess or dis12 charge or otherwise use the handgun or

13 ammunition in the commission of a violent

14 felony.

15 ‘‘(B) A person other than a juvenile who know16 ingly violates section 922(x)—

17 ‘‘(i) shall be fined under this title, impris18 oned not more than 1 year, or both; and

19 ‘‘(ii) if the person sold, delivered, or other20 wise transferred a handgun or ammunition to a

21 juvenile knowing or having reasonable cause to

22 know that the juvenile intended to carry or oth23 erwise possess or discharge or otherwise use the

24 handgun or ammunition in the commission of a
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1 violent felony, shall be fined under this title, im2 prisoned not more than 20 years, or both.

3 ‘‘(C) In this paragraph, the term ‘violent felony’

4 means conduct as described in section 924(e)(2)(B)

5 of this title.

6 ‘‘(D) Except as otherwise provided in this chap7 ter, in any case in which a juvenile is prosecuted in

8 a district court of the United States, and the juve9 nile is subject to the penalties under paragraph

10 (A)(ii), the juvenile shall be subject to the same

11 laws, rules, and proceedings regarding sentencing

12 (including the availability of probation, restitution,

13 fines, forfeiture, imprisonment, and supervised re14 lease) that would be applicable in the case of an

15 adult. No juvenile sentenced to a term of imprison16 ment shall be released from custody simply because

17 the juvenile reaches the age of 18 years.’’.

18 (b) UNLAWFUL WEAPONS TRANSFERS TO JUVE19 NILES.—Section 922(x) of title 18, United States Code,

20 is amended to read as follows:

21 ‘‘(x)(1) It shall be unlawful for a person to sell, de22 liver, or otherwise transfer to a person who the transferor

23 knows or has reasonable cause to believe is a juvenile—

24 ‘‘(A) a handgun; or
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1 ‘‘(B) ammunition that is suitable for use only

2 in a handgun.

3 ‘‘(2) It shall be unlawful for any person who is a juve4 nile to knowingly possess—

5 ‘‘(A) a handgun; or

6 ‘‘(B) ammunition that is suitable for use only

7 in a handgun.

8 ‘‘(3) This subsection does not apply to the following:

9 ‘‘(A)(i) A temporary transfer of a handgun or

10 ammunition to a juvenile or to the possession or use

11 of a handgun or ammunition by a juvenile if the

12 handgun or ammunition are possessed and used by

13 the juvenile—

14 ‘‘(I) in the course of employment;

15 ‘‘(II) in the course of ranching or farming

16 related to activities at the residence of the juve17 nile (or on property used for ranching or farm18 ing at which the juvenile, with the permission

19 of the property owner or lessee, is performing

20 activities related to the operation of the farm or

21 ranch);

22 ‘‘(III) for target practice;

23 ‘‘(IV) for hunting; or

24 ‘‘(V) for a course of instruction in the safe

25 and lawful use of a handgun.
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1 ‘‘(ii) Clause (i) shall apply only if the juvenile’s

2 possession and use of a handgun or ammunition

3 under this subparagraph are in accordance with

4 State and local law and the following conditions are

5 met:

6 ‘‘(I)(aa) Except when a parent or guardian

7 of the juvenile is in the immediate and super8 visory presence of the juvenile, the juvenile shall

9 have in the juvenile’s possession at all times

10 when a handgun or ammunition is in the pos11 session of the juvenile, the prior written consent

12 of the juvenile’s parent or guardian who is not

13 prohibited by Federal, State, or local law from

14 possessing a firearm or ammunition; and

15 ‘‘(bb) during transportation by the juvenile

16 directly from the place of transfer to a place at

17 which an activity described in division (aa) is to

18 take place the handgun shall be unloaded and

19 in a locked container or case, and during the

20 transportation by the juvenile of that firearm,

21 directly from the place at which such an activity

22 took place to the transferor, the handgun shall

23 also be unloaded and in a locked container or

24 case; or
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1 ‘‘(II) With respect to ranching or farming

2 activities as described in subparagraph (A), a

3 juvenile may possess and use a handgun or am4 munition with the prior written approval of the

5 juvenile’s parent or legal guardian, if such ap6 proval is on file with the adult who is not pro7 hibited by Federal, State, or local law from pos8 sessing a firearm or ammunition and that per9 son is directing the ranching or farming activi10 ties of the juvenile.

11 ‘‘(B) A juvenile who is a member of the Armed

12 Forces of the United States or the National Guard

13 who possesses or is armed with a handgun or ammu14 nition in the line of duty.

15 ‘‘(C) A transfer by inheritance of title (but not

16 possession) of a handgun or ammunition to a juve17 nile.

18 ‘‘(D) The possession of a handgun or ammuni19 tion taken in defense of the juvenile or other persons

20 against an intruder into the residence of the juvenile

21 or a residence in which the juvenile is an invited

22 guest.

23 ‘‘(4) A handgun or ammunition, the possession of

24 which is transferred to a juvenile in circumstances in

25 which the transferor is not in violation of this subsection,
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1 shall not be subject to permanent confiscation by the Gov2 ernment if its possession by the juvenile subsequently be3 comes unlawful because of the conduct of the juvenile, but

4 shall be returned to the lawful owner when such handgun

5 or ammunition is no longer required by the Government

6 for the purposes of investigation or prosecution.

7 ‘‘(5) In this subsection, the term ‘juvenile’ means a

8 person who is less than 18 years of age.

9 ‘‘(6) In a prosecution of a violation of this subsection,

10 the court—

11 ‘‘(A) shall require the presence of a juvenile de12 fendant’s parent or legal guardian at all proceedings;

13 ‘‘(B) may use the contempt power to enforce

14 subparagraph (A); and

15 ‘‘(C) may excuse attendance of a parent or legal

16 guardian of a juvenile defendant at a proceeding in

17 a prosecution of a violation of this subsection for

18 good cause shown.’’.

19 (c) EFFECTIVE DATE.—The amendment made by

20 this section shall take effect 180 days after the date of

21 enactment of this Act.

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