II

106TH CONGRESS

1ST SESSION S. 995

To strengthen the firearms and explosives laws of the United States.

IN THE SENATE OF THE UNITED STATES

MAY 11, 1999

Mr. SCHUMER (for himself, Mrs. FEINSTEIN, Mr. KENNEDY, Mr. DURBIN,

Ms. MIKULSKI, Mr. LEVIN, Mrs. BOXER, Mr. TORRICELLI, Mr. LAUTENBERG, Mr. REED, and Mr. KERRY) introduced the following bill; which

was read twice and referred to the Committee on the Judiciary

A BILL

To strengthen the firearms and explosives laws of the United

States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SEC. 1. SHORT TITLE.

4 This Act may be cited as ‘‘The Youth Gun Crime En5 forcement Act of 1999’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The following is the table of contents for this Act:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—EXTENDING AND STRENGTHENING THE BRADY LAW

Subtitle A—Extending the Brady Act to Gun Shows
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Sec. 101. Regulation of gun shows—findings.

Sec. 102. Extension of Brady checks to gun shows.

Subtitle B—Establishing a Mandatory Handgun Waiting Period and Giving

Law Enforcement More Time to Complete Background Checks

Sec. 103. Mandatory waiting period and additional time for background checks.

Subtitle C—Keeping Guns Out of the Hands of Dangerous Juvenile

Offenders

Sec. 104. Permanent prohibition on firearms transfers to or possession by dangerous juvenile offenders.

TITLE II—RESTRICTING YOUTH ACCESS TO FIREARMS

Sec. 201. Increasing youth gun safety by raising the age of handgun eligibility

and prohibiting youth from possessing semiautomatic assault

weapons.

Sec. 202. Enhanced penalty for youth possession of handguns and semiautomatic assault weapons and for the transfer of such weapons to

youth.

Sec. 203. Gun storage and safety devices for all firearms.

Sec. 204. Responsibility of adults for death and injury caused by child access

to firearms.

TITLE III—COMBATING ILLEGAL TRAFFICKING IN GUNS

Subtitle A—Restricting the Sources of Illegal Guns

Sec. 301. Preventing gun trafficking by restricting handgun transfers to one

per month.

Sec. 302. Secure storage of firearms inventories.

Sec. 303. Requiring thefts from common carriers to be reported.

Sec. 304. Increasing the number of allowed compliance inspections of firearms

dealers.

Sec. 305. Transfer of firearm to commit a crime of violence.

Sec. 306. Licensee reports of secondhand firearms.

Sec. 307. Voluntary submission of dealer’s records.

Subtitle B—Enhancing Penalties for Gun Trafficking

Sec. 308. Increasing the penalties on gun kingpins.

Sec. 309. Serious recordkeeping offenses that aid gun trafficking.

Sec. 310. Suspension of firearms dealer’s licenses and civil penalties for violations of the Gun Control Act.

Sec. 311. Termination of firearms dealer’s license upon felony conviction.

Sec. 312. Increased penalty for transactions involving firearms with obliterated

serial numbers.

Sec. 313. Forfeiture for gun trafficking.

Sec. 314. Authorization of appropriations.

TITLE IV—STRENGTHENING THE ASSAULT WEAPONS BAN

Sec. 401. Ban on importing large capacity ammunition feeding devices.

TITLE V—COMBATING CRIMINAL MISUSE OF FIREARMS

Sec. 501. Certain gang-related firearms offenses as RICO predicates.
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Sec. 502. Increased penalty for firearms conspiracy.

Sec. 503. Gun convictions as predicate crimes for Armed Career Criminal Act.

Sec. 504. Serious juvenile drug trafficking offenses as Armed Career Criminal

Act predicates.

Sec. 505. Limitation period for National Firearms Act prosecutions.

Sec. 506. Forfeiture of firearms used in crimes of violence and felonies.

Sec. 507. Separate licenses for gunsmiths.

TITLE VI—ENHANCING FIREARMS ENFORCEMENT

Sec. 601. Additional support for enhanced firearms prosecution projects.

Sec. 602. Youth Crime Gun Interdiction Initiative (YCGII).

TITLE VII—COMBATING CRIMINAL MISUSE OF EXPLOSIVES

Sec. 701. Permits and background checks for purchases of explosives.

Sec. 702. Persons prohibited from receiving or possessing explosives.

Sec. 703. Prohibiting possession of explosives by juveniles.

Sec. 704. Requirements concerning black powder and bulk smokeless powder.

Sec. 705. Authorizations of appropriations.

1 TITLE I—EXTENDING AND

2 STRENGTHENING THE BRADY

3 LAW

4 Subtitle A—Extending the Brady

5 Act to Gun Shows

6 SEC. 101. REGULATION OF GUN SHOWS—FINDINGS.

7 Congress finds that—

8 (1) more than 4,400 traditional gun shows are

9 held annually across the United States, attracting

10 thousands of attendees per show and hundreds of

11 Federal firearms licensees and non-licensed firearms

12 sellers;

13 (2) traditional gun shows, as well as flea mar14 kets and other organized events, at which a large

15 number of firearms are offered for sale by Federal

16 firearms licensees and non-licensed firearms sellers,
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1 form a significant part of the national firearms mar2 ket;

3 (3) firearms and ammunition that are exhibited

4 or offered for sale or exchange at gun shows, flea

5 markets, and other organized events move easily in

6 and substantially affect interstate commerce;

7 (4) in fact, even before a firearm is exhibited or

8 offered for sale or exchange at a gun show, flea mar9 ket, or other organized event, the gun, its component

10 parts, ammunition, and the raw materials from

11 which it is manufactured have moved in interstate

12 commerce;

13 (5) gun shows, flea markets, and other orga14 nized events at which firearms are exhibited or of15 fered for sale or exchange, provide a convenient and

16 centralized commercial location at which firearms

17 may be bought and sold anonymously, often without

18 background checks and without records that enable

19 gun tracing;

20 (6) at gun shows, flea markets, and other orga21 nized events at which guns are exhibited or offered

22 for sale or exchange, criminals and other prohibited

23 persons obtain guns without background checks and

24 frequently use guns that cannot be traced to later

25 commit crimes;
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1 (7) many persons who buy and sell firearms at

2 gun shows, flea markets, and other organized events

3 cross State lines to attend these events and engage

4 in the interstate transportation of firearms obtained

5 at these events;

6 (8) gun violence is a pervasive, national prob7 lem that is exacerbated by the availability of guns at

8 gun shows, flea markets, and other organized events;

9 (9) firearms associated with gun shows have

10 been transferred illegally to residents of another

11 State by Federal firearms licensees and non-licensed

12 firearms sellers, and have been involved in subse13 quent crimes including drug offenses, crimes of vio14 lence, property crimes, and illegal possession of fire15 arms by felons and other prohibited persons; and

16 (10) Congress has the power, under the inter17 state commerce clause and other provisions of the

18 Constitution of the United States, to ensure, by en19 actment of this Act, that criminals and other prohib20 ited persons do not obtain firearms at gun shows,

21 flea markets, and other organized events.
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1 SEC. 102. EXTENSION OF BRADY BACKGROUND CHECKS TO

2 GUN SHOWS.

3 (a) DEFINITIONS.—Section 921(a) of title 18, United

4 States Code, is amended by adding at the end the fol5 lowing:

6 ‘‘(35) GUN SHOW.—The term ‘gun show’ means

7 any event—

8 ‘‘(A) at which 50 or more firearms are of9 fered or exhibited for sale, transfer, or ex10 change, if 1 or more of the firearms has been

11 shipped or transported in, or otherwise affects,

12 interstate or foreign commerce; and

13 ‘‘(B) at which 2 or more persons are offer14 ing or exhibiting 1 or more firearms for sale,

15 transfer, or exchange.

16 ‘‘(36) GUN SHOW PROMOTER.—The term ‘gun

17 show promoter’ means any person who organizes,

18 plans, promotes, or operates a gun show.

19 ‘‘(37) GUN SHOW VENDOR.—The term ‘gun

20 show vendor’ means any person who exhibits, sells,

21 offers for sale, transfers, or exchanges 1 or more

22 firearms at a gun show, regardless of whether or not

23 the person arranges with the gun show promoter for

24 a fixed location from which to exhibit, sell, offer for

25 sale, transfer, or exchange 1 or more firearms.’’.
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1 (b) REGULATION OF FIREARMS TRANSFERS AT GUN

2 SHOWS.—

3 (1) IN GENERAL.—Chapter 44 of title 18,

4 United States Code, is amended by adding at the

5 end the following:

6 ‘‘§ 931. Regulation of firearms transfers at gun shows

7 ‘‘(a) REGISTRATION OF GUN SHOW PROMOTERS.—

8 It shall be unlawful for any person to organize, plan, pro9 mote, or operate a gun show unless that person—

10 ‘‘(1) registers with the Secretary in accordance

11 with regulations promulgated by the Secretary; and

12 ‘‘(2) pays a registration fee, in an amount de13 termined by the Secretary.

14 ‘‘(b) RESPONSIBILITIES OF GUN SHOW PRO15 MOTERS.—It shall be unlawful for any person to organize,

16 plan, promote, or operate a gun show unless that person—

17 ‘‘(1) not later than 30 days before commence18 ment of the gun show, notifies the Secretary of the

19 date, time, duration, and location of the gun show

20 and any other information concerning the gun show

21 as the Secretary may require by regulation;

22 ‘‘(2) not later than 72 hours before commence23 ment of the gun show, submits to the Secretary an

24 updated list of all gun show vendors planning to par25 ticipate in the gun show and any other information
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1 concerning such vendors as the Secretary may re2 quire by regulation;

3 ‘‘(3) before commencement of the gun show,

4 verifies the identity of each gun show vendor partici5 pating in the gun show by examining a valid identi6 fication document (as defined in section 1028(d)(1))

7 of the vendor containing a photograph of the vendor;

8 ‘‘(4) before commencement of the gun show, re9 quires each gun show vendor to sign—

10 ‘‘(A) a ledger with identifying information

11 concerning the vendor; and

12 ‘‘(B) a notice advising the vendor of the

13 obligations of the vendor under this chapter;

14 and

15 ‘‘(5) notifies each person who attends the gun

16 show of the requirements of this chapter, in accord17 ance with such regulations as the Secretary shall

18 prescribe;

19 ‘‘(6) not later than 5 days after the last day of

20 the gun show, submits to the Secretary a copy of the

21 ledger and notice described in paragraph (4); and

22 ‘‘(7) maintains a copy of the records described

23 in paragraphs (2) through (4) at the permanent

24 place of business of the gun show promoter for such
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1 period of time and in such form as the Secretary

2 shall require by regulation.

3 ‘‘(c) RESPONSIBILITIES OF TRANSFERORS OTHER

4 THAN LICENSEES.—

5 ‘‘(1) IN GENERAL.—If any part of a firearm

6 transaction takes place at a gun show, it shall be

7 unlawful for any person who is not licensed under

8 this chapter to transfer a firearm to another person

9 who is not licensed under this chapter, unless the

10 firearm is transferred through a licensed importer,

11 licensed manufacturer, or licensed dealer in accord12 ance with subsection (e).

13 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per14 son who is subject to the requirement of paragraph

15 (1)—

16 ‘‘(A) shall not transfer the firearm to the

17 transferee until the licensed importer, licensed

18 manufacturer, or licensed dealer through which

19 the transfer is made under subsection (e)

20 makes the notification described in subsection

21 (e)(3)(A); and

22 ‘‘(B) notwithstanding subparagraph (A),

23 shall not transfer the firearm to the transferee

24 if the licensed importer, licensed manufacturer,

25 or licensed dealer through which the transfer is
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1 made under subsection (e) makes the notifica2 tion described in subsection (e)(3)(B).

3 ‘‘(d) RESPONSIBILITIES OF TRANSFEREES OTHER

4 THAN LICENSEES.—

5 ‘‘(1) IN GENERAL.—If any part of a firearm

6 transaction takes place at a gun show, it shall be

7 unlawful for any person who is not licensed under

8 this chapter to receive a firearm from another per9 son who is not licensed under this chapter, unless

10 the firearm is transferred through a licensed im11 porter, licensed manufacturer, or licensed dealer in

12 accordance with subsection (e).

13 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per14 son who is subject to the requirement of paragraph

15 (1)—

16 ‘‘(A) shall not receive the firearm from the

17 transferor until the licensed importer, licensed

18 manufacturer, or licensed dealer through which

19 the transfer is made under subsection (e)

20 makes the notification described in subsection

21 (e)(3)(A); and

22 ‘‘(B) notwithstanding subparagraph (A),

23 shall not receive the firearm from the transferor

24 if the licensed importer, licensed manufacturer,

25 or licensed dealer through which the transfer is
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1 made under subsection (e) makes the notifica2 tion described in subsection (e)(3)(B).

3 ‘‘(e) RESPONSIBILITIES OF LICENSEES.—A licensed

4 importer, licensed manufacturer, or licensed dealer who

5 agrees to assist a person who is not licensed under this

6 chapter in carrying out the responsibilities of that person

7 under subsection (c) or (d) with respect to the transfer

8 of a firearm shall—

9 ‘‘(1) enter such information about the firearm

10 as the Secretary may require by regulation into a

11 separate bound record;

12 ‘‘(2) record the transfer on a form specified by

13 the Secretary;

14 ‘‘(3) comply with section 922(t) as if transfer15 ring the firearm from the inventory of the licensed

16 importer, licensed manufacturer, or licensed dealer

17 to the designated transferee (although a licensed im18 porter, licensed manufacturer, or licensed dealer

19 complying with this subsection shall not be required

20 to again comply with the requirements of section

21 922(t) in delivering the firearm to the non-licensed

22 transferor), and notify the non-licensed transferor

23 and the non-licensed transferee—

24 ‘‘(A) of such compliance; and
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1 ‘‘(B) if the transfer is subject to the re2 quirements of section 922(t)(1), of any receipt

3 by the licensed importer, licensed manufacturer,

4 or licensed dealer of a notification from the na5 tional instant criminal background check sys6 tem that the transfer would violate section 922

7 or would violate State law;

8 ‘‘(4) not later than 10 days after the date on

9 which the transfers occurs, submit to the Secretary

10 a report of the transfer, which report—

11 ‘‘(A) shall be on a form specified by the

12 Secretary by regulation; and

13 ‘‘(B) shall not include the name of or other

14 identifying information relating to any person

15 involved in the transfer who is not licensed

16 under this chapter;

17 ‘‘(5) if the licensed importer, licensed manufac18 turer, or licensed dealer assists a person other than

19 a licensee in transferring, at 1 time or during any

20 5 consecutive business days, 2 or more pistols or re21 volvers, or any combination of pistols and revolvers

22 totaling 2 or more, to the same non-licensed person,

23 in addition to the reports required under paragraph

24 (4), prepare a report of the multiple transfers, which

25 report shall be—
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1 ‘‘(A) prepared on a form specified by the

2 Secretary; and

3 ‘‘(B) not later than the close of business

4 on the date on which the transfer occurs, for5 warded to—

6 ‘‘(i) the office specified on the form

7 described in subparagraph (A); and

8 ‘‘(ii) the appropriate State law en9 forcement agency of the jurisdiction in

10 which the transfer occurs; and

11 ‘‘(6) retain a record of the transfer as part of

12 the permanent business records of the licensed im13 porter, licensed manufacturer, or licensed dealer.

14 ‘‘(f) RECORDS OF LICENSEE TRANSFERS.—If any

15 part of a firearm transaction takes place at a gun show,

16 each licensed importer, licensed manufacturer, and li17 censed dealer who transfers 1 or more firearms to a person

18 who is not licensed under this chapter shall, not later than

19 10 days after the date on which the transfer occurs, sub20 mit to the Secretary a report of the transfer, which

21 report—

22 ‘‘(1) shall be in a form specified by the Sec23 retary by regulation;
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1 ‘‘(2) shall not include the name of or other

2 identifying information relating to the transferee;

3 and

4 ‘‘(3) shall not duplicate information provided in

5 any report required under subsection (e)(4).

6 ‘‘(g) FIREARM TRANSACTION DENIED.—In this sec7 tion, the term ‘firearm transaction’ includes the exhibition,

8 sale, offer for sale, transfer, or exchange of a firearm.’’.

9 (2) PENALTIES.—Section 924(a) of title 18,

10 United States Code, is amended by adding at the

11 end the following:

12 ‘‘(7)(A) Whoever knowingly violates section

13 931(a) shall be fined under this title, imprisoned not

14 more than 5 years, or both.

15 ‘‘(B) Whoever knowingly violates subsection (b)

16 or (c) of section 931, shall be—

17 ‘‘(i) fined under this title, imprisoned not

18 more than 2 years, or both; and

19 ‘‘(ii) in the case of a second or subsequent

20 conviction, such person shall be fined under this

21 title, imprisoned not more than 5 years, or

22 both.

23 ‘‘(C) Whoever willfully violates section 931(d)

24 shall be—
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1 ‘‘(i) fined under this title, imprisoned not

2 more than 2 years, or both; and

3 ‘‘(ii) in the case of a second or subsequent

4 conviction, such person shall be fined under this

5 title, imprisoned not more than 5 years, or

6 both.

7 ‘‘(D) Whoever knowingly violates subsection (e)

8 or (f) of section 931 shall be fined under this title,

9 imprisoned not more than 5 years, or both.

10 ‘‘(E) In addition to any other penalties imposed

11 under this paragraph, the Secretary may, with re12 spect to any person who knowingly violates any pro13 vision of section 932—

14 ‘‘(i) if the person is registered pursuant to

15 section 931(a), after notice and opportunity for

16 a hearing, suspend for not more than 6 months

17 or revoke the registration of that person under

18 section 931(a); and

19 ‘‘(ii) impose a civil fine in an amount equal

20 to not more than $10,000.’’.

21 (3) TECHNICAL AND CONFORMING AMEND22 MENTS.—Chapter 44 of title 18, United States

23 Code, is amended—

24 (A) in the chapter analysis by adding at

25 the end the following:

‘‘931. Regulation of firearms transfer at gun shows.’’; and
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1 (B) in the first sentence of section 923(j),

2 by striking ‘‘a gun show or event’’ and inserting

3 ‘‘an event’’; and

4 (4) INSPECTION AUTHORITY.—Section

5 923(g)(1) is amended by adding at the end the fol6 lowing:

7 ‘‘(E) Notwithstanding subparagraph (B),

8 the Secretary may enter during business hours

9 the place of business of any gun show promoter

10 and any place where a gun show is held for the

11 purposes of examining the records required by

12 sections 923 and 931 and the inventory of li13 censees conducting business at the gun show.

14 Such entry and examination shall be conducted

15 for the purposes of determining compliance with

16 this chapter by gun show promoters and licens17 ees conducting business at the gun show and

18 shall not require a showing of reasonable cause

19 or a warrant.’’.

20 (c) INCREASED PENALTIES FOR VIOLATIONS OF

21 CRIMINAL BACKGROUND CHECK REQUIREMENTS.—

22 (1) PENALTIES.—Section 924(a) of title 18,

23 United States Code, is amended—
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1 (A) in paragraph (5), by striking ‘‘sub2 section (s) or (t) of section 922’’ and inserting

3 ‘‘section 922(s)’’; and

4 (B) by adding at the end the following:

5 ‘‘(8) Whoever knowingly violates section 922(t)

6 shall be fined under this title, imprisoned not more

7 than 5 years, or both.’’.

8 (2) ELIMINATION OF CERTAIN ELEMENTS OF

9 OFFENSE.—Section 922(t)(5) of title 18, United

10 States Code, is amended by striking ‘‘and, at the

11 time’’ and all that follows through ‘‘State law’’.

12 (d) EFFECTIVE DATE.—This section and the amend13 ments made by this section shall take effect 180 days after

14 the date of enactment of this Act.

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated such sums as may be

17 necessary to carry out this section.
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1 Subtitle B—Establishing a Manda2 tory Handgun Waiting Period

3 and Giving Law Enforcement

4 More Time To Complete Back5 ground Checks

6 SEC. 103. MANDATORY WAITING PERIOD AND ADDITIONAL

7 TIME FOR BACKGROUND CHECKS.

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

9 amended—

10 (a) in section 922(t)(1)(A), by inserting ‘‘and, in ac11 cordance with regulations prescribed by the Secretary,

12 transmits notice of the proposed firearm transfer to the

13 chief law enforcement officer of the place of residence of

14 the transferee’’ before the semicolon;

15 (b) in section 922(t)(1)(B)(ii)—

16 (1) by striking ‘‘3’’ and inserting ‘‘5’’; and

17 (2) by striking ‘‘and’’ at the end;

18 (c) in section 922(t)(1)(C), by striking the period at

19 the end and inserting ‘‘; and’’;

20 (d) by adding at the end of section 922(t)(1) the fol21 lowing:

22 ‘‘(D) if the firearm is a handgun or semi23 automatic assault weapon—
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1 ‘‘(i) not less than 72 hours have

2 elapsed since the licensee contacted the

3 system; or

4 ‘‘(ii) if the firearm is a handgun, the

5 transferee has presented to the transferor

6 a written statement, issued by the chief

7 law enforcement officer of the place of resi8 dence of the transferee during the 10-day

9 period ending on the date of the most re10 cent proposal of such transfer by the

11 transferee, stating that the transferee re12 quires access to a handgun because of a

13 threat to the life of the transferee or of a

14 member of the household of the trans15 feree.’’.

16 (e) by adding at the end of section 922(t), the fol17 lowing:

18 ‘‘(7) In this subsection, the term ‘chief law en19 forcement officer’ means the chief of police, the

20 sheriff, or an equivalent officer of a law enforcement

21 agency, or the designee of any such officer.

22 ‘‘(8) In accordance with regulations prescribed

23 by the Secretary, a chief law enforcement officer

24 who accepts notice of a proposed firearm transfer

25 under paragraph (1)(A) shall destroy any statement
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1 or other record containing information derived from

2 the notice, unless the chief law enforcement officer

3 determines that the transfer would violate Federal,

4 State, or local law.

5 ‘‘(9) The Secretary shall promulgate regulations

6 regarding the manner in which licensees shall trans7 mit notice of a proposed firearm transfer to the chief

8 law enforcement officer of the transferee’s place of

9 residence under paragraph 1(A) and shall exempt li10 censees from the notice requirement where the Sec11 retary determines such notice does not further the

12 purposes of this section.’’.

13 Subtitle C—Keeping Guns Out of

14 the Hands of Dangerous Juve15 nile Offenders

16 SEC. 104. PERMANENT PROHIBITION ON FIREARMS TRANS17 FERS TO OR POSSESSION BY DANGEROUS JU18 VENILE OFFENDERS.

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

20 United States Code, is amended—

21 (1) by inserting ‘‘(A)’’ after ‘‘(20)’’;

22 (2) by redesignating subparagraphs ‘‘(A)’’ and

23 ‘‘(B)’’ as clauses ‘‘(i)’’ and ‘‘(ii)’’;

24 (3) by inserting after subparagraph (A) the fol25 lowing new subparagraph:
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1 ‘‘(B) For purposes of section 922(d) and

2 (g) of this chapter, the term ‘adjudicated delin3 quent’ means an adjudication of delinquency

4 based upon a finding of the commission of an

5 act by a person prior to his or her eighteenth

6 birthday that, if committed by an adult, would

7 be a serious drug offense or violent felony (as

8 defined in section 3559(c)(2) of this title), on

9 or after the date of enactment of this para10 graph.’’; and

11 (4) by striking ‘‘What constitutes’’ through the

12 end and inserting the following: ‘‘What constitutes a

13 conviction of such a crime or an adjudication of de14 linquency shall be determined in accordance with the

15 law of the jurisdiction in which the proceedings were

16 held. Any State conviction or adjudication of delin17 quency which has been expunged or set aside or for

18 which a person has been pardoned or has had civil

19 rights restored by the jurisdiction in which the con20 viction or adjudication of delinquency occurred shall

21 nevertheless be considered a conviction or adjudica22 tion of delinquency unless (i) the expunction, set

23 aside, pardon or restoration of civil rights is directed

24 to a specific person, (ii) the State authority granting

25 the expunction, set aside, pardon or restoration of
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1 civil rights has expressly determined that the cir2 cumstances regarding the conviction and the per3 son’s record and reputation are such that the person

4 will not act in a manner dangerous to public safety,

5 and (iii) the expunction, set aside, pardon, or res6 toration of civil rights expressly authorizes the per7 son to ship, transport, receive or possess firearms.

8 The requirement of this subparagraph for an indi9 vidualized restoration of rights shall apply whether

10 or not, under State law, the person’s civil rights

11 were taken away by virtue of the conviction or adju12 dication.’’.

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

14 States Code is amended—

15 (1) in subsection (d)—

16 (A) by striking ‘‘or’’ at the end of para17 graph (8);

18 (B) by striking the period at the end of

19 paragraph (9) and inserting ‘‘; or;’’ and

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

21 following:

22 ‘‘(10) who has been adjudicated delinquent.’’;

23 and

24 (2) in subsection (g)—
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1 (A) by striking ‘‘or’’ at the end of para2 graph (8);

3 (B) by striking the comma at the end of

4 paragraph (9) and inserting ‘‘; or’’, and

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

6 following:

7 ‘‘(10) who has been adjudicated delinquent,’’.

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated such sums as may be

10 necessary to carry out this section.

11 TITLE II—RESTRICTING YOUTH

12 ACCESS TO FIREARMS

13 SEC. 201. INCREASING YOUTH GUN SAFETY BY RAISING

14 THE AGE OF HANDGUN ELIGIBILITY AND

15 PROHIBITING YOUTH FROM POSSESSING

16 SEMIAUTOMATIC ASSAULT WEAPONS.

17 Section 922(x) of title 18, United States Code, is

18 amended—

19 (a) in paragraph (1)—

20 (1) by striking ‘‘juvenile’’ and inserting ‘‘person

21 who is less than 21 years of age’’;

22 (2) by striking ‘‘or’’ at the end of subparagraph

23 (A);

24 (3) by striking the period at the end of sub25 paragraph (B) and inserting ‘‘;’’; and
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1 (4) by adding at the end the following:

2 ‘‘(C) a semiautomatic assault weapon; or

3 (D) a large capacity ammunition feeding de4 vice.’’.

5 (b) in paragraph (2)—

6 (1) by striking ‘‘a juvenile’’ and inserting ‘‘less

7 than 21 years of age’’;

8 (2) by striking ‘‘or’’ at the end of subparagraph

9 (A);

10 (3) by striking the period at the end of sub11 paragraph (B) and inserting ‘‘;’’; and

12 (4) by inserting at the end the following:

13 ‘‘(C) a semiautomatic assault weapon; or

14 (D) a large capacity ammunition feeding de15 vice.’’.

16 (c) in paragraph (3)(A), by inserting ‘‘temporary’’ be17 fore ‘‘possession’’;

18 (d) in paragraph (3)(B), by striking ‘‘juvenile’’ and

19 inserting ‘‘person who is less than 21 years of age’’;

20 (e) in paragraph (3)(C), by striking ‘‘juvenile; or’’

21 and inserting ‘‘person who is less than 21 years of age;’’;

22 (f) in paragraph (3)(D) is revised to read as follows:

23 ‘‘(D) the possession of a handgun or am24 munition by a person who is less than 21 years

25 of age taken in defense of that person or other
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1 persons against an intruder into the residence

2 of that person or a residence in which that per3 son is an invited guest; or’’;

4 (g) by adding at the end of paragraph (3) a new sub5 paragraph (E) to read as follows:

6 ‘‘(E) a temporary transfer of a handgun or

7 ammunition to a person who is at least 18

8 years of age and less than 21 years of age, or

9 the temporary use or possession of a handgun

10 or ammunition by a person who is at least 18

11 years of age and less than 21 years of age, if

12 the handgun and ammunition are possessed and

13 used by the person—

14 ‘‘(i) in the course of employment, in

15 the course of ranching or farming related

16 to activities at the residence of the person

17 (or on property used for ranching or farm18 ing at which the person, with the permis19 sion of the property owner or lessee, is per20 forming activities related to the operation

21 of the farm or ranch), target practice,

22 hunting, or a course of instruction in the

23 safe and lawful use of a handgun; and

24 ‘‘(ii) in accordance with State and

25 local law.’’;
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1 (h) by amending paragraph (4) to strike ‘‘juvenile’’

2 wherever it appears and insert ‘‘person who is less than

3 21 years of age’’.

4 SEC. 202. ENHANCED PENALTY FOR YOUTH POSSESSION OF

5 HANDGUNS AND SEMIAUTOMATIC ASSAULT

6 WEAPONS AND FOR THE TRANSFER OF SUCH

7 WEAPONS TO YOUTH.

8 (a) PENALTY FOR VIOLATIONS OF SECTION

9 922(x).—Section 924(a)(6) of title 18, United States

10 Code, is amended—

11 (1) by striking subparagraph (A) and inserting

12 the following:

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

14 shall be fined under this title, imprisoned not

15 more than one year, or both, and for a second

16 or subsequent violation, or for a first violation

17 committed after an adjudication of delinquency

18 or after a state or federal conviction for an act

19 that, if committed by an adult, would be a seri20 ous violent felony (as defined in section 3559(c)

21 of this title), shall be fined under this title, im22 prisoned not more than five years, or both.’’;

23 (2) by striking subparagraph (B) and inserting

24 the following:
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1 ‘‘(B) A person other than a juvenile who

2 knowingly violates section 922(x)—

3 (i) shall be fined under this title, im4 prisoned not more than five years, or both;

5 and

6 (ii) if the person sold, delivered, or

7 otherwise transferred a handgun, ammuni8 tion, semiautomatic assault weapon, or

9 large capacity ammunition feeding device

10 to a person who is less than 21 years of

11 age knowing or having reasonable cause to

12 know that such person intended to carry or

13 otherwise possess or discharge or otherwise

14 use the handgun, ammunition, semiauto15 matic assault weapon, or large capacity

16 ammunition feeding device in the commis17 sion of a crime of violence, shall be fined

18 under this title, imprisoned for not more

19 than 10 years, or both.

20 SEC. 203. GUN STORAGE AND SAFETY DEVICES FOR ALL

21 FIREARMS.

22 (a) SECURE GUN STORAGE OR SAFETY DEVICES BY

23 FEDERAL FIREARMS LICENSEES.—Section 922 of title

24 18, United States Code, is amended by adding at the end

25 the following:
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1 ‘‘(z) It shall be unlawful for any licensed importer,

2 licensed manufacturer, or licensed dealer to sell, transfer,

3 or deliver any firearm to any person (other than a licensed

4 importer, licensed manufacturer, or licensed dealer) unless

5 the transferee is provided with a secure gun storage or

6 safety device.’’

7 (b) PENALTIES.—Section 924 of title 18, United

8 States Code, is amended—

9 (1) in subsection (a)(1) by striking ‘‘or (f)’’ and

10 inserting ‘‘(f), or (p)’’; and

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

12 ‘‘(p) The Secretary may, after notice and opportunity

13 for hearing, suspend or revoke any license issued under

14 this chapter or may subject the licensee to a civil penalty

15 of not more than $10,000 if the holder of such license

16 has knowingly violated section 922(z) of this chapter. The

17 Secretary’s actions under this subsection may be reviewed

18 only as provided in section 923(f).’’.

19 (c) REPEAL OF INCONSISTENT PROVISIONS.—

20 (1) Section 923(d)(1) of title 18, United States

21 Code, is amended—

22 (A) in subparagraph (E) by adding at the

23 end ‘‘and’’;

24 (B) in subparagraph (F) by striking ‘‘;

25 and’’ and inserting ‘‘.’’; and
29

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1 (C) by striking subparagraph (G).

2 (2) Section 923(e) of title 18, United States

3 Code, is amended by striking ‘‘or fails to have secure

4 gun storage or safety devices available at any place

5 in which firearms are sold under the license to per6 sons who are not licensees (except that in any case

7 in which a secure gun storage or safety device is

8 temporarily unavailable because of theft, casualty

9 loss, consumer sales, backorders from a manufac10 turer, or any other similar reason beyond the control

11 of the licensee, shall not be considered to be in viola12 tion of the requirement to make available such a de13 vice)’’.

14 (3) Section 119(d) of title I, Department of

15 Justice, General Provisions—Department of Justice,

16 of the Omnibus Consolidated and Emergency Sup17 plemental Appropriations Act, 1999, Public Law No.

18 105–277, is repealed.

19 (d) EFFECTIVE DATE.—The amendments made by

20 this section shall be effective 180 days after the date of

21 enactment of this Act.
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1 SEC. 204. RESPONSIBILITY OF ADULTS FOR DEATH AND IN2 JURY CAUSED BY CHILD ACCESS TO FIRE3 ARMS.

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

5 amended by adding at the end the following:

6 ‘‘(aa) PROHIBITION AGAINST GIVING CHILDREN AC7 CESS TO FIREARMS.—

8 ‘‘(1) DEFINITION OF CHILD.—In this sub9 section, the term ‘‘child’’ means an individual who

10 has not attained the age of 18 years.

11 ‘‘(2) PENALTIES.—Except as provided in para12 graph (3), any person who—

13 (A) keeps a loaded firearm, or an unloaded

14 firearm, and ammunition for the firearm, any

15 one of which has been shipped or transported in

16 interstate or foreign commerce, within any

17 premises that is under the custody or control of

18 that person; and

19 (B) knows, or recklessly disregards the

20 risk, that a child is capable of gaining access to

21 the firearm; and

22 (C)(i) knows, or recklessly disregards the

23 risk, that a child will use the firearm to cause

24 death or serious bodily injury (as defined in

25 section 1365 of this title) to the child or any

26 other person; or
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1 (ii) possession of the firearm by the child

2 is unlawful under Federal or State law; and

3 (D) the child uses the firearm to cause

4 death or serious bodily injury to the child or

5 any other person,

6 shall be imprisoned not more than 3 years,

7 fined under this title, or both.

8 ‘‘(3) EXCEPTIONS.—Paragraph (2) does not

9 apply, if—

10 (A) at the time the child obtained access,

11 the firearm was secured with a secure gun stor12 age or safety device;

13 (B) the person is a peace officer, a mem14 ber of the Armed Forces, or a member of the

15 National Guard, and the child obtains the fire16 arm during, or incidental to, the performance of

17 the official duties of the person in that capacity;

18 (C) the child uses the firearm in a lawful

19 act of self-defense or defense of 1 or more other

20 persons; or

21 (D) the person has no reasonable expecta22 tion, based on objective facts and cir23 cumstances, that a child is likely to be present

24 on the premises on which the firearm is kept.’’.
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1 TITLE III—COMBATTING

2 ILLEGAL TRAFFICKING IN GUNS

3 Subtitle A—Restricting the Sources

4 of Illegal Guns

5 SEC. 301. PREVENTING GUN TRAFFICKING BY RESTRICT6 ING HANDGUN TRANSFERS TO ONE PER

7 MONTH.

8 (a) Section 922 of title 18, United States Code, is

9 amended by adding at the end thereof a new section (bb)

10 to read as follows:

11 ‘‘(bb)(1) The Congress finds and declares that—

12 ‘‘(A) crime, particularly crime involving drugs

13 and guns, is a pervasive, nationwide problem;

14 ‘‘(B) crime at the local level is exacerbated by

15 the interstate movement of drugs, guns, and crimi16 nal gangs;

17 ‘‘(C) firearms and ammunition move easily in

18 interstate commerce;

19 ‘‘(D) the illegal movement of firearms, and

20 handguns in particular, across state lines is a wide21 spread and pervasive national problem;

22 ‘‘(E) handguns (even when lawfully purchased)

23 are unlawfully transported across state lines by gun

24 traffickers and are illegally sold to prohibited per25 sons;
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1 ‘‘(F) in fact, even before a firearm is illegally

2 sold by a trafficker, the gun, its component parts,

3 ammunition, and the raw materials from which it is

4 made have moved in interstate commerce;

5 ‘‘(G) law-abiding persons may fear to travel

6 interstate or to or through certain parts of the coun7 try due to concern about violent crime and gun vio8 lence;

9 ‘‘(H) the illegal movement of handguns across

10 state lines substantially affects the national market

11 for firearms, because handguns sold in one State in

12 which there are few restrictions provide a convenient

13 source for the acquisition of handguns by gun traf14 fickers who transport the handguns to jurisdictions

15 with stronger restrictions;

16 ‘‘(I) the unlawful sale of firearms by traffickers

17 provides a method by which firearms can be bought

18 and sold anonymously, without background checks

19 and without record-keeping requirements to enable

20 gun tracing;

21 ‘‘(J) handguns sold by traffickers are often ob22 tained by criminals and other prohibited persons

23 who frequently use guns that cannot be traced to

24 commit crimes;
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1 ‘‘(K) handgun violence is a pervasive, national

2 problem that is exacerbated by the availability of

3 handguns through gun traffickers;

4 ‘‘(L) firearms from traffickers have been in5 volved in subsequent crimes including drug offenses,

6 crimes of violence, property crimes, and illegal pos7 session by felons and other prohibited persons;

8 ‘‘(M) because gun trafficking is often an inter9 state activity, individual States and localities are

10 often severely hampered in combating illegal hand11 gun purchases—even States and localities that have

12 made strong efforts to prevent, detect, and punish

13 gun-related crime and illegal trafficking of fire14 arms—as a result of the failure or inability of other

15 States or localities to take strong measures; and

16 ‘‘(N) the Congress has the power, under the

17 interstate commerce clause and other provisions of

18 the Constitution, to ensure, by enactment of this

19 section, that criminals and other prohibited persons

20 do not obtain firearms through gun traffickers.

21 ‘‘(2) It shall be unlawful for any person—

22 ‘‘(A) during any 3-day period, to sell, deliver or

23 transfer 2 or more handguns to any single person

24 (other than a licensed importer, licensed manufac25 turer, or licensed dealer), or
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1 ‘‘(B) to sell, deliver or transfer a handgun to

2 any single person (other than a licensed importer, li3 censed manufacturer, or licensed dealer), knowing or

4 having reasonable cause to believe that the trans5 feree has already received one or more handguns

6 within the previous 30 days.

7 ‘‘(3) It shall be unlawful for any person (other than

8 a licensed importer, licensed manufacturer, or licensed

9 dealer) to receive more than one handgun within any 30-

10 day period.

11 ‘‘(4) Under such rules and regulations as the Sec12 retary shall prescribe, paragraphs (2) and (3) shall not

13 apply to—

14 ‘‘(A) handguns transferred to or received by

15 qualified private security companies licensed to do

16 business within the State where the transfer occurs

17 for use by the company in its security operations,

18 provided that any handgun transferred under this

19 subsection is transferred through a licensed dealer

20 located in the State where the security company is

21 licensed to do business;

22 ‘‘(B) the disposition made of a handgun deliv23 ered to a person licensed under section 923 for the

24 sole purpose of repair or customizing when such

25 handgun or a replacement handgun of the same kind
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1 and type is returned to the person from whom it was

2 received;

3 ‘‘(C) the loan or rental of a single handgun

4 from a person licensed under section 923, provided

5 that the recipient possesses no more than one such

6 loaned or rented handgun at any one time;

7 ‘‘(D) the redemption of pawned handguns from

8 a person licensed under section 923 by the person

9 from whom the handguns were received;

10 ‘‘(E) the receipt of curio or relic handguns by

11 a licensed collector;

12 ‘‘(F) the receipt of a single handgun from a

13 person licensed under section 923 to replace a lost

14 or stolen handgun of the same kind or type, where

15 the transferee has submitted to the licensee a copy

16 of an official police report establishing the loss or

17 theft of a handgun or handguns;

18 ‘‘(G) the transfer of handguns by bequest;

19 ‘‘(H) the transfer of handguns to a member of

20 the transferor’s immediate family; (for purposes of

21 this section, the term ‘‘immediate family’’ means the

22 transferor’s spouse, child, parent, stepparent, grand23 parent, grandchild, brother, or sister’’); or

24 ‘‘(I) the transfer of all or part of a personal

25 firearms collection (as that term is defined in regula-
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1 tions to be prescribed by the Secretary) that includes

2 handguns, provided that the handguns in the collec3 tion are transferred through a licensed importer,

4 manufacturer, or dealer located in the State where

5 the transferee resides.’’.

6 (b) PENALTIES.—Section 924(a)(2) of title 18,

7 United States Code, is amended by striking ‘‘or (o)’’ and

8 inserting in lieu thereof ‘‘(o), or (bb)’’.

9 (c) INCREASED PENALTIES FOR LICENSEES WHO

10 KNOWINGLY MAKE FALSE STATEMENTS IN REQUIRED

11 RECORDS.—

12 (1) Section 924(a)(3) of title 18, United States

13 Code, is amended by striking ‘‘(A)’’, by striking

14 ‘‘or’’ after ‘‘chapter’’, by striking all of subsection

15 (B), and by striking ‘‘one year’’ and inserting ‘‘five

16 years’’.

17 (2) Section 924(a) of title 18, United States

18 Code, as amended by section 102(b) and (c) of this

19 Act, is amended by adding at the end the following:

20 ‘‘(9) Any licensed dealer, licensed importer, li21 censed manufacturer, or licensed collector who know22 ingly violates subsection (m) of section 922 shall be

23 fined under this title, imprisoned not more than one

24 year, or both.’’.
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1 (d) CONFORMING CHANGES TO THE BRADY LAW.—

2 Section 922(t) of title 18, United States Code, as amended

3 by section 103(e) of this Act is amended as follows:

4 (1) In paragraph (1)(B)(ii), by striking ‘‘(g) or

5 (n)’’ and inserting ‘‘(g) or (n) or (bb)’’.

6 (2) In paragraph (2), by striking ‘‘(g) or (n)’’

7 and inserting ‘‘(g) or (n) or (bb)’’.

8 (3) In paragraph 3, by striking subparagraph

9 (A), and by redesignating subparagraphs (B) and

10 (C) as subparagraphs (A) and (B).

11 (4) In paragraph (4), by striking ‘‘(g) or (n)’’

12 and by inserting ‘‘(g) or (n) or (bb)’’.

13 (5) By adding at the end the following:

14 ‘‘(10) A licensee must, within three days of re15 ceiving a request from the prospective transferee,

16 notify the national instant criminal background

17 check system of any background check conducted

18 pursuant to this section within the previous 30 days

19 that did not result in the transfer of a handgun.

20 ‘‘(11) Information that is retained pursuant to

21 Public Law 103–159 may be used to effectuate sec22 tion 922(bb).’’.

23 (e) EFFECTIVE DATE.—The Secretary, in consulta24 tion with the Attorney General, shall determine, and pub-
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1 lish in the Federal Register, the date on which this sub2 section shall become effective.

3 SEC. 302. SECURE STORAGE OF FIREARMS INVENTORIES.

4 (a) STORAGE REQUIREMENTS.—Section 923 of title

5 18, United States Code is amended by adding at the end

6 the following:

7 ‘‘(m) It shall be unlawful for any licensed importer,

8 licensed manufacturer, or licensed dealer (other than a

9 dealer as defined in section 921(a)(11)(B)) to store any

10 firearms in their business inventory in a manner not in

11 conformity with regulations issued by the Secretary. In

12 issuing such regulations, the Secretary shall take into con13 sideration the type and quantity of the firearms to be

14 stored, as well as the standards of safety and security rec15 ognized in the firearms industry.’’.

16 (b) PENALTIES.—Section 924 of title 18, United

17 States Code is amended—

18 (1) in subsection (a)(1), as amended by section

19 203(b) of this Act, by inserting ‘‘(o),’’ before ‘‘(p)’’;

20 and

21 (2) by adding at the end a new subsection (o)

22 to read as follows:

23 ‘‘(o) The Secretary may, after notice and opportunity

24 for hearing, suspend or revoke any license issued under

25 this chapter or may subject the licensee to a civil penalty
40

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1 of not more than $10,000 if the holder of such license

2 has knowingly violated section 923(m). The Secretary’s

3 actions under this subsection may be reviewed only as pro4 vided in section 923(f).’’.

5 (c) CONDITION OF LICENSING.—Section

6 923(d)(1)(F) of title 18, United States Code is amended—

7 (1) in sub-clause (ii)(II) by striking ‘‘and’’ the

8 second time it appears;

9 (2) in clause (iii) by striking ‘‘license.’’ and in10 serting ‘‘license; and’’; and

11 (3) by adding at the end a new clause (iv) to

12 read as follows: ‘‘(iv) within 30 days after the appli13 cation is approved the firearms inventory of the

14 business will be stored in compliance with section

15 923(m) and regulations issued thereunder.’’.

16 (d) EFFECTIVE DATE.—The amendments made by

17 this section shall be effective 180 days after the date of

18 enactment.

19 SEC. 303. REQUIRING THEFTS FROM COMMON CARRIERS

20 TO BE REPORTED.

21 (a) Section 922(f) of title 18, United States Code,

22 is amended by adding a new paragraph (3) to read as fol23 lows:

24 ‘‘(3)(A) It shall be unlawful for any common or

25 contract carrier to fail to report the theft or loss of
41

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1 a firearm within 40 hours after the theft or loss is

2 discovered. The theft or loss shall be reported to the

3 Secretary and to the appropriate local authorities.

4 ‘‘(B) The Secretary may impose a civil fine of

5 not more than $10,000 on any person who know6 ingly violates paragraph (3)(A) of this subsection.’’.

7 (b) Section 924(a)(1)(B) of title 18, United States

8 Code, is amended by striking ‘‘(f)’’ and inserting ‘‘(f)(1),

9 (f)(2)’’.

10 SEC. 304. INCREASING THE NUMBER OF ALLOWED COMPLI11 ANCE INSPECTIONS OF FIREARMS DEALERS.

12 Section 923(g)(1)(B)(ii)(I) of title 18, United States

13 Code, is amended by striking ‘‘once’’ and inserting in its

14 place ‘‘three times’’.

15 SEC. 305. TRANSFER OF FIREARM TO COMMIT A CRIME OF

16 VIOLENCE.

17 Section 924(h) of title 18, United States Code, is

18 amended by inserting ‘‘or having reasonable cause to be19 lieve’’ after ‘‘knowing’’.

20 SEC. 306. LICENSEE REPORTS OF SECONDHAND FIREARMS.

21 (a) IN GENERAL.—Section 923(g) of title 18, United

22 States Code, is amended by adding at the end the fol23 lowing new paragraph:

24 ‘‘(8) Licensed importers, licensed manufactur25 ers, and licensed dealers shall submit to the Sec-
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1 retary monthly reports of all firearms obtained from

2 non-licensees. Such information shall be reported on

3 a form to be specified by the Secretary by regula4 tion. Such reports shall not include the name of or

5 identifying information about the firearm transferors

6 or subsequent purchasers.’’

7 (b) EFFECTIVE DATE.—This section shall be effec8 tive 180 days after the date of the enactment of this Act.

9 SEC. 307. VOLUNTARY SUBMISSION OF DEALER’S RECORDS.

10 Section 923(g)(4) of the Gun Control Act of 1968,

11 title 18, United States Code Chapter 44, is amended by

12 amending paragraph (4) to read as follows: ‘‘Where a fire13 arms or ammunition business is discontinued and suc14 ceeded by a new licensee, the records required to be kept

15 by this chapter shall appropriately reflect such facts and

16 shall be delivered to the successor. Upon receipt of such

17 records the successor licensee may retain the records of

18 the discontinued business or submit the discontinued busi19 ness records to the Secretary. Additionally, a licensee

20 while maintaining a firearms business may voluntarily

21 submit the records required to be kept by this chapter to

22 the Secretary if such records are at least 20 years old.

23 Where discontinuance of a business is absolute, such

24 records shall be delivered within thirty days after the busi25 ness is discontinued to the Secretary. Where State law or
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1 local ordinance requires the delivery of records to another

2 responsible authority, the Secretary may arrange for the

3 delivery of such records to such other responsible author4 ity.’’.

5 Subtitle B—Enhancing Penalties

6 for Gun Trafficking

7 SEC. 308. INCREASING PENALTIES ON GUN KINGPINS.

8 (a) INCREASING THE PENALTY FOR ENGAGING IN AN

9 ILLEGAL FIREARMS BUSINESS.—Section 924(a)(2) of

10 title 18, United States Code, as amended by section

11 301(b) of this Act, is amended to read as follows:

12 ‘‘(2) Whoever—

13 ‘‘(A) knowingly violates subsection (a)(6),

14 (d), (g), (h), (i), (j), (o), or (bb) of section 922;

15 or

16 ‘‘(B) willfully violates subsection (a)(1) of

17 section 922,

18 shall be fined as provided in this title, imprisoned

19 not more than 10 years, or both.’’.

20 (b) SENTENCING GUIDELINES INCREASE FOR CER21 TAIN VIOLATIONS AND OFFENSES.—Pursuant to its au22 thority under section 944(p) of title 28, United States

23 Code, the United States Sentencing Commission shall:
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1 (1) review and amend the Federal sentencing

2 guidelines to provide an appropriate enhancement

3 for a violation of 18 U.S.C. section 922(a)(1), and

4 (2) review and amend the Federal sentencing

5 guidelines to provide additional sentencing increases,

6 as appropriate, for offenses involving more than 50

7 firearms.

8 The Commission shall promulgate the amendments pro9 vided for under this subsection as soon as is practicable

10 in accordance with the procedure set forth in section 21(a)

11 of the Sentencing Act of 1987, as though the authority

12 under that Act had not expired.

13 SEC. 309. SERIOUS RECORDKEEPING OFFENSES THAT AID

14 GUN TRAFFICKING.

15 Section 924(a)(3) of title 18, United States Code, as

16 amended by section 301(c)(1) of this Act, is amended by

17 striking the period and inserting ‘‘, but if the violation

18 is in relation to an offense under subsection (a)(6) or (d)

19 of section 922, shall be fined under this title, imprisoned

20 not more than ten years, or both.’’.

21 SEC. 310. SUSPENSION OF FIREARMS DEALER’S LICENSE

22 AND CIVIL PENALTIES FOR VIOLATIONS OF

23 THE GUN CONTROL ACT.

24 Subsections (e) and (f) of section 923 of title 18,

25 United States Code, is amended to read as follows:
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1 ‘‘(e) The Secretary may, after notice and opportunity

2 for hearing, suspend or revoke any license issued under

3 this section, or may subject the licensee to a civil penalty

4 of not more than $10,000 per violation, if the holder of

5 such licensee has willfully violated any provision of this

6 chapter or any rule or regulation prescribed by the Sec7 retary under this chapter. The Secretary may, after notice

8 and opportunity for hearing, suspend or revoke the license

9 of, or assess a civil penalty of not more than $10,000 on,

10 a dealer who willfully transfers armor piercing ammuni11 tion. The Secretary may at any time compromise, miti12 gate, or remit the liability with respect to any willful viola13 tion of this chapter or any rule or regulation prescribed

14 by the Secretary under this chapter. The Secretary’s ac15 tions under this subsection may be reviewed only as pro16 vided in subsection (f) of this section.

17 ‘‘(f)(1) Any person whose application for a license is

18 denied and any holder of a license which is suspended or

19 revoked or who is assessed a civil penalty shall receive a

20 written notice from the Secretary stating specifically the

21 grounds upon which the application was denied or upon

22 which the license was suspended or revoked or the civil

23 penalty assessed. Any notice of a suspension or revocation

24 of a license shall be given to the holder of such license

25 before the effective date of the suspension or revocation.
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1 ‘‘(2) If the Secretary denies an application for a li2 cense, or suspends or revokes a license, or assesses a civil

3 penalty, he shall, upon request by the aggrieved party,

4 promptly hold a hearing to review his denial, suspension,

5 revocation, or assessment. In the case of a suspension or

6 revocation of a license, the Secretary shall, upon the re7 quest of the holder of the license, stay the effective date

8 of the suspension or revocation. A hearing under this

9 paragraph shall be held at a location convenient to the

10 aggrieved party.

11 ‘‘(3) If after a hearing held under paragraph (2) the

12 Secretary decides not to reverse his decision to deny an

13 application or suspend or revoke a license or assess a civil

14 penalty, the Secretary shall give notice of his decision to

15 the aggrieved party. The aggrieved party may at any time

16 within sixty days after the date notice was given under

17 this paragraph file a petition with the United States dis18 trict court for the district in which he resides or has his

19 principal place of business for a de novo judicial review

20 of such denial, suspension, revocation, or assessment. In

21 a proceeding conducted under this subsection, the court

22 may consider any evidence submitted by the parties to the

23 proceeding whether or not such evidence was considered

24 at the hearing held under paragraph (2). If the court de25 cides that the Secretary was not authorized to deny the
47

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1 application or to suspend or revoke the license or to assess

2 the civil penalty, the court shall order the Secretary to

3 take such action as may be necessary to comply with the

4 judgment of the court.’’.

5 SEC. 311. TERMINATION OF FIREARMS DEALER’S LICENSE

6 UPON FELONY CONVICTION.

7 Section 925(b) of title 18, United States Code, is

8 amended by striking ‘‘until any conviction pursuant to the

9 indictment becomes final’’ and inserting ‘‘until the date

10 of any conviction pursuant to the indictment.’’.

11 SEC. 312. INCREASED PENALTY FOR TRANSACTIONS IN12 VOLVING FIREARMS WITH OBLITERATED SE13 RIAL NUMBERS.

14 Section 924(a) of title 18, United States Code, is

15 amended—

16 (a) in subparagraph (a)(1)(B), by striking ‘‘(k),’’;

17 and

18 (b) in paragraph (2), by inserting ‘‘(k),’’ after ‘‘(j),’’.

19 SEC. 313. CIVIL FORFEITURE FOR GUN TRAFFICKING.

20 (a) CIVIL FORFEITURE.—Section 981(a)(1) of title

21 18, United States Code, is amended by adding the fol22 lowing subparagraph at the end:

23 ‘‘(G)(i) Any conveyance used or intended

24 to be used to commit a gun trafficking offense,
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1 or conspiracy to commit such offense, and any

2 property traceable to such property.

3 ‘‘(ii) For the purposes of this section, a

4 gun trafficking offense is a violation of any of

5 the following sections of this title involving five

6 or more firearms: section 922(i) (transporting

7 stolen firearms); section 924(g) (travel with a

8 firearm in furtherance of racketeering); section

9 924(l) (stealing a firearm); and section 924(n)

10 (interstate travel to promote firearms traf11 ficking).’’.

12 (b) CRIMINAL FORFEITURE.—Section 982(a) of title

13 18, United States Code, is amended by adding the fol14 lowing new paragraph at the end:

15 ‘‘(9) The court, in imposing a sentence on a

16 person convicted of a gun trafficking offense, as de17 fined in section 981(a)(1)(G), or a conspiracy to

18 commit such offense, shall order the person to forfeit

19 to the United States any conveyance used or in20 tended to be used to commit such offense, and any

21 property traceable to such conveyance.’’.

22 SEC. 314. AUTHORIZATION OF APPROPRIATIONS.

23 There are authorized to be appropriated such sums

24 as may be necessary to carry out this title.
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1 TITLE IV—STRENGTHENING THE

2 ASSAULT WEAPONS BAN

3 SEC. 401. BAN ON IMPORTING LARGE CAPACITY AMMUNI4 TION FEEDING DEVICES.

5 (a) Section 922(w) of title 18, United States Code,

6 is amended—

7 (1) in paragraph (1), by striking ‘‘(1) Except as

8 provided in paragraph (2)’’ and inserting ‘‘(1)(A)

9 Except as provided in subparagraph (B)’’;

10 (2) in paragraph (2), by striking ‘‘(2) Para11 graph (1)’’ and inserting ‘‘(B) Subparagraph (A)’’;

12 (3) in paragraph (1)(B), as redesignated—

13 (A) by inserting ‘‘in the United States’’

14 after ‘‘possessed’’; and

15 (B) by inserting before the period the fol16 lowing: ‘‘or lawfully imported on or before the

17 date of the enactment of the Youth Gun Crime

18 Enforcement Act of 1999’’;

19 (4) by inserting before paragraph (3) the fol20 lowing:

21 ‘‘(2) Except as provided in paragraph (3), it

22 shall be unlawful for any person to import a large

23 capacity ammunition feeding device.’’; and

24 (5) in paragraph (4)—
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1 (A) by striking ‘‘(1)’’ each place it appears

2 and inserting ‘‘(1)(A)’’; and

3 (B) by striking ‘‘(2)’’ and inserting

4 ‘‘(1)(B).’’

5 (b) Section 921(a)(31) of title 18, United States

6 Code, is amended by striking ‘‘manufactured after the

7 date of enactment of the Violent Crime Control and Law

8 Enforcement Act of 1994.’’.

9 TITLE V—COMBATING CRIMINAL

10 MISUSE OF FIREARMS

11 SEC. 501. CERTAIN GANG-RELATED FIREARMS OFFENSES

12 AS RICO PREDICATES.

13 Section 1961(1) of title 18, United States Code, is

14 amended by inserting after ‘‘891–894 (relating to extor15 tionate credit transactions),’’ the following: ‘‘section

16 924(a) insofar as such offense is a violation of section 922

17 (a)(1), (a)(6), (i), (j), (k), (o), (q), (u), (v), or (x)(1), or

18 section 924 (b), (g), (h), (k), (l), (m), or (n) (relating to

19 firearms violations),’’.

20 SEC. 502 INCREASED PENALTY FOR FIREARMS CON21 SPIRACY.

22 Section 924 of title 18, United States Code, is

23 amended by adding at the end the following new sub24 section:
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1 ‘‘(q) Except as otherwise provided in this section, a

2 person who conspires to commit an offense defined in this

3 chapter shall be subject to the same penalties (other than

4 the penalty of death) as those prescribed for the offense

5 the commission of which is the object of the conspiracy.’’.

6 SEC. 503. GUN CONVICTIONS AS PREDICATE CRIMES FOR

7 ARMED CAREER CRIMINAL ACT.

8 (a) Section 924(e)(1) of title 18, United States Code,

9 is amended—

10 (1) by striking ‘‘violent felony or a serious drug

11 offense, or both,’’ and inserting ‘‘violent felony, a se12 rious drug offense or a violation of section

13 922(g)(1), or a combination of such offenses,’’; and

14 (2) by adding at the end the following: ‘‘No

15 more than two convictions for violations of section

16 922(g)(1) shall be considered in determining wheth17 er a person has three previous convictions for pur18 poses of this subsection.’’.

19 SEC. 504. SERIOUS JUVENILE DRUG TRAFFICKING OF20 FENSES AS ARMED CAREER CRIMINAL ACT

21 PREDICATES.

22 Section 924(e)(2)(C) of title 18, United States Code,

23 is amended by inserting ‘‘or serious drug offense’’ after

24 ‘‘violent felony’’.
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1 SEC. 505. LIMITATION PERIOD FOR NATIONAL FIREARMS

2 ACT PROSECUTIONS.

3 (a) Section 6531 of the Internal Revenue Code of

4 1986 (26 U.S.C. § 6531) is amended by amending the

5 matter preceding paragraph (1) to read as follows:

6 ‘‘No person shall be prosecuted, tried, or punished

7 for any of the various offenses arising under the in8 ternal revenue laws unless the indictment is found or

9 the information instituted within 3 years next after

10 the commission of the offense, except that the period

11 of limitation—

12 ‘‘(a) shall be 5 years for offenses described in section

13 5861 (relating to firearms); and

14 ‘‘(b) shall be 6 years—’’

15 SEC. 506. FORFEITURE OF FIREARMS USED IN CRIMES OF

16 VIOLENCE AND FELONIES.

17 (a) CIVIL FORFEITURE.—Section 981(a)(1) of title

18 18, United States Code, is amended by inserting after sub19 paragraph (G) the following:

20 ‘‘(H) Any firearm (as defined in section

21 921(a)(3) of this title) used or intended to be

22 used to commit or to facilitate the commission

23 of any crime of violence (as defined in section

24 16 of this title) or any felony under Federal

25 law.’’.
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1 (b) CRIMINAL FORFEITURE.—Section 982(a) of title

2 18, United States Code, is amended by inserting after sub3 paragraph (9) the following:

4 ‘‘(10) The court, in imposing a sentence on a

5 person convicted of any crime of violence (as defined

6 in section 16 of this title) or any felony under Fed7 eral law, shall order that the person forfeit to the

8 United States any firearm (as defined in section

9 921(a)(3) of this title) used or intended to be used

10 to commit or to facilitate the commission of the of11 fense.’’.

12 (c) DISPOSAL OF PROPERTY.—Section 981(c) of title

13 18, United States Code, is amended by adding at the end

14 the following sentence: ‘‘Any firearm forfeited pursuant to

15 subsection (a)(1)(H) of section 982(a)(10) of this title

16 shall be disposed of by the seizing agency in accordance

17 with law.’’.

18 (d) AUTHORITY TO FORFEIT PROPERTY UNDER

19 SECTION 924(d).—Section 924(d) of title 18, United

20 States Code, is amended by adding the following new

21 paragraph:

22 ‘‘(4) Whenever any firearm is subject to for23 feiture under this section, the Secretary of the

24 Treasury shall have the authority to seize and for25 feit, in accordance with the procedures of the appli-
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1 cable forfeiture statute, any property otherwise for2 feitable under the laws of the United States that

3 was involved in or derived from the crime of violence

4 or drug trafficking crime described in subsection (c)

5 in which the forfeited firearm was used or carried.’’.

6 (e) 120-DAY RULE FOR ADMINISTRATIVE FOR7 FEITURE.—Section 924(d)(1) of title 18, United States

8 Code, is amended by adding ‘‘administrative’’ after ‘‘Any’’

9 in the last sentence.

10 (f) SECTION 3665.—Section 3665 of title 18, United

11 States Code, is amended by—

12 (1) redesignating the first unnumbered para13 graph as subsection (a)(1) and the second unnum14 bered paragraph as subsection (a)(2); and

15 (2) by adding the following subsection at the

16 end:

17 ‘‘(b) The forfeiture of property under this section, in18 cluding any seizure and disposition of the property and

19 any related administrative or judicial proceeding, shall be

20 governed by the provisions of section 413 of the Com21 prehensive Drug Abuse Prevention and Control Act of

22 1970 (21 U.S.C. § 853), except for subsection 413(d)

23 which shall not apply to forfeitures under this section.’’.
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1 SEC. 507. SEPARATE LICENSES FOR GUNSMITHS.

2 (a) Section 921(a) of title 18, United States Code,

3 is amended by amending paragraph (11) to read as fol4 lows:

5 ‘‘(11) The term ‘dealer’ means (A) any person

6 engaged in the business as a firearms dealer, (B)

7 any person engaged in the business as a gunsmith,

8 or (C) any person who is a pawnbroker. The term

9 ‘licensed dealer’ means any dealer who is licensed

10 under the provisions of this chapter.’’.

11 (b) Section 921(a) of title 18, United States Code,

12 is amended by redesignating paragraphs (12) through

13 (33) as paragraphs (14) through (35), and by adding after

14 paragraph (11) thereof the following:

15 ‘‘(12) The term ‘firearms dealer’ means any

16 person who is engaged in the business of selling fire17 arms at wholesale or retail.

18 ‘‘(13) The term ‘gunsmith’ means any person

19 who, other than a licensed firearms manufacturer,

20 importer or dealer, is engaged in the business of re21 pairing firearms or of making or fitting special bar22 rels, stocks or trigger mechanisms to firearms.’’.

23 (c) Section 923(a)(3) of title 18, United States Code

24 is amended to read as follows:

25 ‘‘(3) If the applicant is a dealer who is:
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1 ‘‘(A) a dealer in destructive devices or am2 munition for destructive devices, a fee of $1,000

3 per year;

4 ‘‘(B) a dealer in firearms who is not a

5 dealer in destructive devices, a fee of $200 for

6 3 years, except that the fee for renewal of a

7 valid license shall be $90 for 3 years; or

8 ‘‘(C) a gunsmith, a fee of $100 for 3

9 years, except that the fee for renewal of a valid

10 license shall be $50 for 3 years.’’.

11 TITLE VI—ENHANCED FIREARMS

12 ENFORCEMENT

13 SEC. 601. ADDITIONAL SUPPORT FOR ENHANCED FIRE14 ARMS PROSECUTION PROJECTS.

15 To provide additional funding for intensive firearms

16 prosecution projects implemented by the Department of

17 Justice, there are authorized to be appropriated

18 $5,000,000 for fiscal year 2000.

19 SEC. 602. YOUTH CRIME GUN INTERDICTION INITIATIVE

20 (YCGII).

21 (a) IN GENERAL.—The Secretary of the Treasury

22 shall expand—

23 (1) to 75 the number of city and county law en24 forcement agencies that through the Youth Crime

25 Gun Interdiction Initiative (referred to in this sec-
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1 tion as ‘‘YGCII’’) submit identifying information re2 lating to all firearms recovered during law enforce3 ment investigations, including from individuals

4 under age 25, to the Secretary of the Treasury to

5 identify the types and origins of such firearms; and

6 (2) the resources devoted to law enforcement

7 investigations of illegal youth possessors and users

8 and of illegal firearms traffickers identified through

9 YCGII, including through the hiring of additional

10 agents, inspectors, intelligence analysts and support

11 personnel.

12 (b) SELECTION OF PARTICIPANTS.—The Secretary of

13 the Treasury, in consultation with Federal, State, and

14 local law enforcement officials, shall select cities and coun15 ties for participation in the program established under this

16 section.

17 (c) ESTABLISHMENT OF SYSTEM.—The Secretary of

18 the Treasury shall establish a system through which State

19 and local law enforcement agencies through on-line com20 puter technology, can promptly provide firearms-related

21 information to the Secretary of the Treasury and access

22 information derived through YCGII as soon as such capa23 bility is available. Not later than 6 months after the date

24 of enactment of this Act, the Secretary shall submit to

25 the Chairman and Ranking Member of the Committees on
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1 Appropriations of the House of Representatives and the

2 Senate, a report explaining the capacity to provide such

3 on-line access and the future technical and, if necessary,

4 legal changes required to make such capability available,

5 including cost estimates.

6 (d) REPORT.—Not later than one year after the date

7 of enactment of this section, and annually thereafter, the

8 Secretary of the Treasury shall submit to the Chairman

9 and Ranking Member of the Committees on Appropria10 tions of the House of Representatives and the Senate a

11 report regarding the types and sources of firearms recov12 ered from individuals, including those under the age of

13 25; regional, State and national firearms trafficking

14 trends; and the number of investigations and arrests re15 sulting from YCGII.

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to the Department of

18 the Treasury to carry out this section such sums as may

19 be necessary for fiscal years 2001 through 2004.
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1 TITLE VII—COMBATING CRIMI2 NAL MISUSE OF EXPLOSIVES

3 SEC. 701. PERMITS AND BACKGROUND CHECKS FOR PUR4 CHASES OF EXPLOSIVES.

5 (a) PERMITS FOR PURCHASE OF EXPLOSIVES IN

6 GENERAL.—Section 842 of title 18, United States Code,

7 is amended—

8 (1) by amending subparagraphs (A) and (B) of

9 subsection (a)(3) to read as follows:

10 ‘‘(A) to transport, ship, cause to be trans11 ported, or receive any explosive materials; or

12 ‘‘(B) to distribute explosive materials to

13 any person other than a licensee or permittee.’’;

14 and

15 (2) in subsection (b)—

16 (A) by adding ‘‘or’’ at the end of para17 graph (1);

18 (B) by striking ‘‘; or’’ at the end of para19 graph (2) and inserting a period; and

20 (C) by striking paragraph (3).

21 (b) BACKGROUND CHECKS.—Section 842 of title 18,

22 United States Code, is amended by adding at the end the

23 following:

24 ‘‘(p)(1) A licensed importer, licensed manufacturer,

25 or licensed dealer shall not transfer explosive materials to
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1 any other person who is not a licensee under section 843

2 of this chapter unless—

3 ‘‘(A) before the completion of the transfer, the

4 licensee contacts the national instant criminal back5 ground check system established under section

6 103(d) of the Brady Handgun Violence Prevention

7 Act;

8 ‘‘(B)(i) the system provides the licensee with a

9 unique identification number; or

10 ‘‘(ii) 5 business days (meaning a day on which

11 State offices are open) have elapsed since the li12 censee contacted the system, and the system has not

13 notified the licensee that the receipt of explosive ma14 terials by such other person would violate subsection

15 (i) of this section;

16 ‘‘(C) the transferor has verified the identity of

17 the transferee by examining a valid identification

18 document (as defined in section 1038(d)(1) of this

19 title) of the transferee containing a photograph of

20 the transferee; and

21 ‘‘(D) the transferor has examined the permit

22 issued to the transferee pursuant to section 843 of

23 this title and recorded the permit number on the

24 record of the transfer.
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1 ‘‘(2) If receipt of explosive materials would not violate

2 section 842(i) or State law, the system shall—

3 ‘‘(A) assign a unique identification number to

4 the transfer; and

5 ‘‘(B) provide the licensee with the number.

6 ‘‘(3) Paragraph (1) shall not apply to the transfer

7 of explosive materials between a licensee and another per8 son if on application of the transferor, the Secretary has

9 certified that compliance with paragraph (1)(A) is imprac10 ticable because—

11 ‘‘(A) the ratio of the number of law enforce12 ment officers of the State in which the transfer is

13 to occur to the number of square miles of land area

14 of the State does not exceed 0.0025;

15 ‘‘(B) the business premises of the licensee at

16 which the transfer is to occur are extremely remote

17 in relation to the chief law enforcement officer (as

18 defined in subsection (p)(8)); and

19 ‘‘(C) there is an absence of telecommunications

20 facilities in the geographical area in which the busi21 ness premises are located.

22 ‘‘(4) If the national instant criminal background

23 check system notifies the licensee that the information

24 available to the system does not demonstrate that the re25 ceipt of explosive materials by such other person would
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1 violate subsection (i) or State law, and the licensee trans2 fers explosive materials to such other person, the licensee

3 shall include in the record of the transfer the unique iden4 tification number provided by the system with respect to

5 the transfer.

6 ‘‘(5) If the licensee knowingly transfers explosive ma7 terials to such other person and knowingly fails to comply

8 with paragraph (1) of this subsection with respect to the

9 transfer, the Secretary may, after notice and opportunity

10 for a hearing, suspend for not more than 6 months or re11 voke any license issued to the licensee under section 843

12 and may impose on the licensee a civil fine of not more

13 than $5,000.

14 ‘‘(6) Neither a local government nor an employee of

15 the Federal Government or of any State or local govern16 ment, responsible for providing information to the national

17 instant criminal background check system shall be liable

18 in an action at law for damages—

19 ‘‘(A) for failure to prevent the sale or transfer

20 of explosive materials to a person whose receipt or

21 possession of the explosive materials is unlawful

22 under this section; or

23 ‘‘(B) for preventing such a sale or transfer to

24 a person who may lawfully receive or possess explo25 sive materials.’’.
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1 (c) ADMINISTRATIVE PROVISIONS.—

2 (1) WRITTEN REASONS PROVIDED ON RE3 QUEST.—If the national instant criminal background

4 check system determines that an individual is ineli5 gible to receive explosive materials and the individual

6 requests the system to provide the reasons for the

7 determination, the system shall provide such reasons

8 to the individual, in writing, within 5 business days

9 after the date of the request.

10 (2) CORRECTION OF ERRONEOUS SYSTEM IN11 FORMATION.—If the system established under sub12 section (b) of section 1 informs an individual con13 tacting the system that receipt of explosive materials

14 by a prospective transferee would violate subsection

15 (i) of section 842 of title 18, United States Code, or

16 State law, the prospective transferee may request

17 the Attorney General to provide the prospective

18 transferee with the reasons therefor. Upon receipt of

19 such a request, the Attorney General shall imme20 diately comply with the request. The prospective

21 transferee may submit to the Attorney General in22 formation to correct, clarify, or supplement records

23 of the system with respect to the prospective trans24 feree. After receipt of such information, the Attorney

25 General shall immediately consider the information,
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1 investigate the matter further, and correct all erro2 neous Federal records relating to the prospective

3 transferee and give notice of the error to any Fed4 eral department or agency or any State that was the

5 source of such erroneous records.

6 (d) REMEDY FOR ERRONEOUS DENIAL OF EXPLO7 SIVE MATERIALS.—

8 (1) IN GENERAL.—Chapter 40 of title 18,

9 United States Code, is amended by inserting after

10 section 843 the following new section:

11 ‘‘§ 843A. Remedy for erroneous denial of explosive

12 materials

13 ‘‘Any person denied explosive materials pursuant to

14 subsection (p) of section 842—

15 ‘‘(1) due to the provision of erroneous informa16 tion relating to the person by any State or political

17 subdivision thereof, or by the national instant crimi18 nal background check system established under sec19 tion 103 of the Brady Handgun Violence Prevention

20 Act; or

21 ‘‘(2) who was not prohibited from receipt of ex22 plosive materials pursuant to subsection (i) of sec23 tion 842,

24 may bring an action against the State or political subdivi25 sion responsible for providing the erroneous information,
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1 or responsible for denying the transfer, or against the

2 United States, as the case may be, for an order directing

3 that the erroneous information be corrected or that the

4 transfer be approved, as the case may be. In any action

5 under this section, the court, in its discretion, may allow

6 the prevailing party a reasonable attorney’s fee as part

7 of the costs.’’.

8 (2) TECHNICAL AMENDMENT.—The chapter

9 analysis for chapter 40 of title 18, United States

10 Code, is amended by inserting after the item relating

11 to section 843 the following new item:

‘‘843A. Remedy for erroneous denial of explosive materials.’’.

12 (e) REGULATIONS.—

13 (1) IN GENERAL.—Not later than 6 months

14 after the date of the enactment of this Act, the Sec15 retary of the Treasury shall issue final regulations

16 with respect to the amendments made by subsection

17 (a).

18 (2) NOTICE TO STATES.—On the issuance of

19 regulations pursuant to paragraph (1), the Secretary

20 of the Treasury shall notify the States of the regula21 tions so that the States may consider revising their

22 explosives laws.

23 (f) LICENSES AND USER PERMITS.—Section 843(a)

24 of title 18, United States Code, is amended—
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1 (1) by inserting ‘‘, including fingerprints and a

2 photograph of the applicant’’ before the period at

3 the end of the first sentence; and

4 (2) by striking the second sentence and insert5 ing, ‘‘Each applicant for a license shall pay for each

6 license a fee established by the Secretary that shall

7 not exceed $300. Each applicant for a permit shall

8 pay for each permit a fee established by the Sec9 retary that shall not exceed $100.’’.

10 (g) PENALTIES.—Section 844 of title 18, United

11 States Code, is amended—

12 (1) by redesignating subsection (a) as sub13 section (a)(1); and

14 (2) by adding after subsection (a)(1) the fol15 lowing new paragraph:

16 ‘‘(2) Any person who violates subsection (p) of

17 section 842 shall be fined under this title, impris18 oned for not more than 5 years, or both.’’.

19 (h) EFFECTIVE DATE.—The amendments made by

20 subsections (a), (b), (c), (d), and (g) shall take effect 18

21 months after the date of enactment of the Act.

22 SEC. 702. PERSONS PROHIBITED FROM RECEIVING OR POS23 SESSING EXPLOSIVES.

24 (a) DISTRIBUTION OF EXPLOSIVES.—Section 842(d)

25 of title 18, United States Code, is amended—
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1 (1) in paragraph (5), by striking ‘‘; or’’ and in2 serting ‘‘;’’;

3 (2) in paragraph (6), by striking ‘‘.’’ and insert4 ing ‘‘or who has been committed to a mental institu5 tion;’’ and

6 (3) by adding at the end the following new

7 paragraphs:

8 ‘‘(7) who, being an alien—

9 ‘‘(A) is illegally or unlawfully in the United

10 States; or

11 ‘‘(B) except as provided in subsection

12 (q)(2), has been admitted to the United States

13 under a non-immigrant visa (as that term is de14 fined in section 101(a)(26) of the Immigration

15 and Nationality Act (8 U.S.C. 1101(a)(26)));

16 ‘‘(8) who has been discharged from the Armed

17 Forces under dishonorable conditions;

18 ‘‘(9) who, having been a citizen of the United

19 States, has renounced his citizenship; and

20 ‘‘(10) who is subject to a court order that—

21 ‘‘(A) was issued after a hearing of which

22 such person received actual notice, and at which

23 such person had an opportunity to participate;

24 ‘‘(B) restrains such person from harassing,

25 stalking, or threatening an intimate partner of
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1 such person or child of such intimate partner or

2 person, or engaging in other conduct that would

3 place an intimate partner in reasonable fear of

4 bodily injury to the partner or child; and

5 ‘‘(C)(i) includes a finding that such person

6 represents a credible threat to the physical safe7 ty of such intimate partner or child; or

8 ‘‘(ii) by its terms explicitly prohibits the

9 use, attempted use, or threatened use of phys10 ical force against such intimate partner or child

11 that would reasonably be expected to cause bod12 ily injury;

13 ‘‘(11) who has been convicted in any court of

14 a misdemeanor crime of domestic violence; or

15 ‘‘(12) who has been adjudicated delinquent.’’.

16 (b) POSSESSION OF EXPLOSIVES.—Section 842(i) of

17 title 18, United States Code, is amended—

18 (1) in paragraph (3), by striking ‘‘; or’’ and in19 serting ‘‘;’’;

20 (2) by adding at the end the following new

21 paragraphs:

22 ‘‘(5) who, being an alien—

23 (A) is illegally or unlawfully in the United

24 States; or
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1 (B) except as provided in subsection

2 (q)(2), has been admitted to the United States

3 under a non-immigrant visa (as that term is de4 fined in section 101(a)(26) of the Immigration

5 and Nationality Act (8 U.S.C. 1101(a)(26)));

6 ‘‘(6) who has been discharged from the Armed

7 Forces under dishonorable conditions;

8 ‘‘(7) who, having been a citizen of the United

9 States, has renounced his citizenship; and

10 ‘‘(8) who is subject to a court order that—

11 ‘‘(A) was issued after a hearing of which

12 such person received actual notice, and at which

13 such person had an opportunity to participate;

14 ‘‘(B) restrains such person from harassing,

15 stalking, or threatening an intimate partner of

16 such person or child of such intimate partner or

17 person, or engaging in other conduct that would

18 place an intimate partner in reasonable fear of

19 bodily injury to the partner or child; and

20 ‘‘(C)(i) includes a finding that such person

21 represents a credible threat to the physical safe22 ty of such intimate partner or child; or

23 ‘‘(ii) by its terms explicitly prohibits the

24 use, attempted use, or threatened use of phys25 ical force against such intimate partner or child
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1 that would reasonably be expected to cause bod2 ily injury;

3 ‘‘(9) who has been convicted in any court of a

4 misdemeanor crime of domestic violence; or

5 ‘‘(10) who has been adjudicated delinquent.’’.

6 (c) DEFINITION.—Section 841 of title 18, United

7 States Code, is amended by adding at the end the fol8 lowing new subsections (r) and (s):

9 ‘‘(r)(1) Except as provided in paragraph (2), the term

10 ‘misdemeanor crime of domestic violence’ means an of11 fense that—

12 ‘‘(A) is a misdemeanor under Federal or State

13 law; and

14 ‘‘(B) has, as an element, the use or attempted

15 use of physical force, or the threatened use of a

16 deadly weapon, committed by a current or former

17 spouse, parent, or guardian of the victim, by a per18 son with whom the victim shares a child in common,

19 by a person who is cohabiting with or has cohabited

20 with the victim as a spouse, parent, or guardian, or

21 by a person similarly situated to a spouse, parent,

22 or guardian of the victim.

23 ‘‘(2)(A) A person shall not be considered to have been

24 convicted of such an offense for purposes of this chapter,

25 unless—
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1 ‘‘(i) the person was represented by counsel in

2 the case, or knowingly and intelligently waived the

3 right to counsel in the case; and

4 ‘‘(ii) in the case of a prosecution for an offense

5 described in this paragraph for which a person was

6 entitled to a jury trial in the jurisdiction in which

7 the case was tried, either

8 ‘‘(I) the case was tried by a jury, or

9 ‘‘(II) the person knowingly and intel10 ligently waived the right to have the case tried

11 by jury, by guilty plea or otherwise.

12 ‘‘(B) A person shall not be considered to have been

13 convicted of such an offense for purposes of this chapter

14 if the conviction has been expunged or set aside, or is an

15 offense for which the person has been pardoned or has

16 had civil rights restored (if the law of the applicable juris17 diction provides for the loss of civil rights under such an

18 offense) unless the pardon, expungement, or restoration

19 of civil rights expressly provides that the person may not

20 ship, transport, possess, or received firearms.

21 ‘‘(s) ‘Adjudicated Delinquent’ means an adjudication

22 of delinquency based upon a finding of the commission of

23 an act by a person prior to his or her eighteenth birthday

24 that, if committed by an adult, would be a serious drug

25 offense or violent felony (as defined in section 3559(c)(2)
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1 of this title), on or after the date of enactment of this

2 paragraph.’’.

3 (d) ALIENS ADMITTED UNDER NON-IMMIGRANT

4 VISAS.—Section 842 is amended by adding at the end

5 thereof a new paragraph (r) to read as follows:

6 ‘‘(r) PROVISIONS RELATING TO ALIENS ADMITTED

7 UNDER NONIMMIGRANT VISAS—

8 ‘‘(1) DEFINITIONS.—In this subsection—

9 ‘‘(A) the term ‘alien’ has the same mean10 ing as in section 101(a)(3) of the Immigration

11 and Nationality Act (8 U.S.C. 1101(a)(3)).

12 ‘‘(B) the term ‘nonimmigrant visa’ has the

13 same meaning as in section 101(a)(26) of the

14 Immigration and Nationality Act (8 U.S.C.

15 1101(a)(26)).

16 ‘‘(2) EXCEPTION.—Sections (d)(7)(B) and

17 (i)(5)(B) do not apply to any alien who has been

18 lawfully admitted to the United States under a non19 immigrant visa, if that alien is a foreign law enforce20 ment officer of a friendly foreign government enter21 ing the United States on official law enforcement

22 business.

23 ‘‘(3) WAIVER.—

24 ‘‘(A) CONDITIONS FOR WAIVER.—Any indi25 vidual who has been admitted to the United
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1 States under a nonimmigrant visa may receive

2 a waiver from the requirements of subsection

3 (i)(5)(B), if:

4 ‘‘(i) the individual submits to the At5 torney General a petition that meets the

6 requirements of subparagraph (C); and

7 ‘‘(ii) the Attorney General approves

8 the petition.

9 ‘‘(B) PETITION.—Each petition under sub10 paragraph (B) shall—

11 ‘‘(i) demonstrate that the petitioner

12 has resided in the United States for a con13 tinuous period of not less than 180 days

14 before the date on which the petition is

15 submitted under this paragraph; and

16 ‘‘(ii) include a written statement from

17 the embassy or consulate of the petitioner,

18 authorizing the petitioner to acquire explo19 sives and certifying that the alien would

20 not, absent the application of subsection

21 (i)(5)(B), otherwise be prohibited from

22 such an acquisition under subsection (i).

23 ‘‘(C) APPROVAL OF PETITION.—The Attor24 ney General shall approve a petition submitted

25 in accordance with this paragraph, if the Attor-
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1 ney General determines that waiving the re2 quirements of subsection (i)(5)(B) with respect

3 to the petitioner—

4 ‘‘(i) would be in the interests of jus5 tice; and

6 ‘‘(ii) would no jeopardize the public

7 safety.’’.

8 (e) CONFORMING AMENDMENT.—Section 845 of title

9 18, United States Code, is amended by adding a new sub10 section (d) to read as follows:

11 ‘‘(d) Notwithstanding any other provision of this sec12 tion, no person convicted of a misdemeanor crime of do13 mestic violence may ship or transport any explosive mate14 rials in interstate or foreign commerce or to receive or pos15 sess any explosive materials which have been shipped or

16 transported in interstate or foreign commerce.’’.

17 SEC. 703. PROHIBITING POSSESSION OF EXPLOSIVES BY

18 JUVENILES.

19 Section 842 of title 18, United States Code, is

20 amended by adding at the end the following new sub21 section:

22 ‘‘(r)(1) It shall be unlawful for any person who is

23 under 21 years of age to ship or transport any explosive

24 materials in interstate or foreign commerce or to receive
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1 or possess any explosive materials which has been shipped

2 or transported in interstate or foreign commerce.’’.

3 ‘‘(2) This subsection shall not apply to commercially

4 manufactured black powder in bulk quantities not to ex5 ceed five pounds, and if the person is less than 18 years

6 of age, the person has the prior written consent of the

7 person’s parents or guardian who is not prohibited by Fed8 eral, State, or local law from possessing explosive mate9 rials, and the person has the prior written consent in the

10 person’s possession at all times when the black powder is

11 in the possession of the person.’’.

12 SEC. 704. REQUIREMENTS CONCERNING BLACK POWDER

13 AND BULK SMOKELESS POWDER.

14 (a) Section 845(a) of title 18, United States Code,

15 is amended—

16 (1) by amending subparagraph (4) to read as

17 follows:

18 ‘‘(4) assembled small arms ammunition and

19 primers not assembled into cartridges (other than

20 bulk smokeless powder); and’’;

21 (2) in subparagraph (5), by striking ‘‘commer22 cially manufactured black powder in quantities not

23 to exceed fifty pounds,’’;

24 (3) by redesignating paragraphs ‘‘(b), (c) and

25 (d)’’ as paragraph ‘‘(c), (d) and (e)’’; and
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1 (4) by adding a new paragraph (b) to read as

2 follows:

3 ‘‘(b) The provisions of sections 842(a)(3) and 842(b)

4 of this chapter shall not apply to commercially manufac5 tured black powder in quantities not to exceed five pounds

6 which is intended to be used solely for sporting, rec7 reational, or cultural purposes in antique firearms as de8 fined in section 921(a)(16) of title 18, of the United

9 States Code, or in antique devices as exempted from the

10 term ‘‘destructive device’’ in section 921(a)(4) of title 18,

11 of the United States Code, or to bulk smokeless powder

12 in quantities not to exceed ten pounds.’’.

13 (5) by adding a new paragraph (f) to read as

14 follows:

15 ‘‘(f) Sections 842(a)(3)(A), 842(a)(3)(B), 842(b) and

16 842(p) shall not apply to transactions between licenses

17 and persons licensed as manufacturers of ammunition

18 under section 923(a)(1)(A) or (C) of this title.’’.

19 (b) Section 926 of title 18, United States Code, is

20 amended by striking subsection (c).

21 (c) EFFECTIVE DATE.—The amendments made by

22 this section shall take effect 18 months after the date of

23 enactment of the Act.
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1 SEC. 705. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated such sums

3 as may be necessary to carry out this title.

Æ