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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 631 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 631

     To prevent handgun violence and illegal commerce in firearms.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 27, 1995

  Mr. Bradley introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
     To prevent handgun violence and illegal commerce in firearms.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Handgun Control and Violence 
Prevention Act of 1995''.

SEC. 2. FINDINGS AND DECLARATIONS.

    The Congress finds and declares that--
            (1) crimes committed with firearms threaten the peace and 
        domestic tranquility of the United States and threaten the 
        security and general welfare of the Nation and its people;
            (2) crimes committed with firearms, especially those 
        committed with handguns, have imposed a substantial burden on 
        interstate commerce;
            (3) firearms are easily transported across State boundaries 
        and, as a result, individual State action to regulate firearms 
        is made ineffective by lax regulation by other States; and
            (4) it is necessary to establish uniform national laws 
        governing all aspects of the firearms industry, requiring 
        handgun licensing and registration, expanding the categories of 
        persons prohibited from possessing firearms, limiting Federal 
        firearms licensees to bona fide importers, manufacturers, and 
        dealers, and prohibiting the sale of semiautomatic assault 
        weapons and other dangerous weapons.

SEC. 3. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Findings and declarations.
Sec. 3. Table of contents.
                   TITLE I--NATIONAL HANDGUN CONTROLS

Sec. 101. State license required to receive a handgun.
Sec. 102. Prohibition of multiple handgun transfers.
Sec. 103. Prohibition of engaging in the business of dealing in 
                            handguns without specific authorization; 
                            requirement that authorization be provided 
                            if applicant demonstrates significant unmet 
                            economic demand.
                TITLE II--TRACING OF GUNS USED IN CRIMES

Sec. 201. Dealer assistance with tracing of firearms.
Sec. 202. Computerization of records.
Sec. 203. Interstate transportation of firearms.
Sec. 204. Gun running.
Sec. 205. Handgun barrel registration.
Sec. 206. National Firearms Tracing Center.
                    TITLE III--DEALER RESPONSIBILITY

Sec. 301. Compliance with State and local firearms licensing laws as 
                            condition to issuance of Federal firearms 
                            license.
Sec. 302. Background investigation of licensees.
Sec. 303. Increased license fees for dealers.
Sec. 304. Increased penalties for making knowingly false statements in 
                            connection with firearms.
Sec. 305. Dealer inspections.
Sec. 306. Gun shows.
Sec. 307. Acquisition and disposition records of dealers suspected of 
                            serving as sources of illegal firearms.
Sec. 308. Dealer responsibility for sales to felons or minors.
Sec. 309. Interstate shipment of firearms.
                      TITLE IV--THEFT OF FIREARMS

Sec. 401. Dealer reporting of firearm thefts.
Sec. 402. Theft of firearms or explosives.
Sec. 403. Theft of firearms or explosives from licensee.
Sec. 404. Security of licensed firearms dealers.
                         TITLE V--ARMED FELONS

Sec. 501. Denial of administrative relief from certain firearms 
                            prohibitions; inadmissibility of additional 
                            evidence in judicial review of denials of 
                            such administrative relief for other 
                            persons.
Sec. 502. Clarification of definition of conviction.
Sec. 503. Enhanced penalty for use of a semiautomatic firearm during a 
                            crime of violence or a drug trafficking 
                            crime.
Sec. 504. Violation of firearms laws in aid of drug trafficking.
Sec. 505. Mandatory penalties for firearms possession by violent felons 
                            and serious drug offenders.
                    TITLE VI--VIOLENT MISDEMEANANTS

Sec. 601. Prohibition of disposal of firearms or ammunition to, or 
                            receipt of firearms or ammunition by, 
                            persons convicted of a violent crime or 
                            subject to a protection order.
                         TITLE VII--AMMUNITION

Sec. 701. Federal license to deal in ammunition.
Sec. 702. Regulation of the manufacture, importation, and sale of 
                            certain particularly dangerous bullets.

                   TITLE I--NATIONAL HANDGUN CONTROLS

SEC. 101. STATE LICENSE REQUIRED TO RECEIVE A HANDGUN.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(y)(1) It shall be unlawful for any person to sell, deliver, or 
otherwise transfer a handgun to an individual who is not licensed under 
section 923 unless--
            ``(A) the transferor (or a licensed dealer, if State law so 
        directs or allows) has verified that the transferee possesses a 
        valid State handgun license by--
                    ``(i) examining the State handgun license;
                    ``(ii) examining, in addition to the State handgun 
                license, a valid identification document (as defined in 
                section 1028(d)) containing a photograph of the 
                transferee; and
                    ``(iii) contacting the chief law enforcement 
                officer of the State that issued the State handgun 
                license to confirm that the State handgun license has 
                not been revoked; and
            ``(B) the transferor (or licensed dealer) has provided to 
        the chief law enforcement officer of the State in which the 
        transfer is to take place a completed State handgun 
        registration form for the handgun to be transferred.
    ``(2) It shall be unlawful for any person to sell, deliver, or 
otherwise transfer handgun ammunition to an individual who is not 
licensed under section 923 unless the transferor (or licensed dealer, 
if State law so directs or allows) has verified that the transferee 
possesses a valid State handgun license by--
            ``(A) examining the State handgun license; and
            ``(B) examining, in addition to the State handgun license, 
        a valid identification document (as defined in section 1028(d)) 
        containing a photograph of the transferee.
    ``(3) It shall be unlawful for any individual who is not licensed 
under section 923 to receive a handgun or handgun ammunition unless the 
individual possesses a valid State handgun license.
    ``(4) As used in this subsection, the term `chief law enforcement 
officer of the State' means the chief, or equivalent officer, of the 
State police force, or the designee of that officer.
    ``(5) As used in this subsection, the term `State handgun license' 
means a license issued under a State law that, at a minimum, meets the 
following requirements:
            ``(A) The State law provides that--
                    ``(i) the chief law enforcement officer of the 
                State shall issue State handgun licenses, which shall 
                meet such requirements as to form, appearance, and 
                security against forgery as are prescribed by the 
                Secretary in regulations, in accordance with such 
                procedures as are prescribed by the Secretary in 
                regulations;
                    ``(ii) the State handgun license issued to a 
                licensee shall contain--
                            ``(I) the name, address, date of birth, 
                        physical description, and a photograph of the 
                        licensee; and
                            ``(II) a unique license number; and
                    ``(iii) a State handgun license shall be valid for 
                a period of not more than 2 years from the date of 
                issue, unless revoked.
            ``(B) The State law provides that a State handgun license 
        may not be issued unless the chief law enforcement officer of 
        the State determines that the applicant--
                    ``(i) is at least 21 years of age;
                    ``(ii) is a resident of the State, by examining, at 
                a minimum, in addition to a valid identification 
                document (as defined in section 1028(d)), documentation 
                such as a utility bill or lease agreement;
                    ``(iii) is not prohibited from possessing or 
                receiving a handgun under Federal, State, or local law, 
                based upon name- and fingerprint-based research in all 
                available Federal, State, and local recordkeeping 
                systems, including the national instant criminal 
                background check system established by the Attorney 
                General pursuant to section 103 of the Brady Handgun 
                Violence Prevention Act; and
                    ``(iv) has been issued a State handgun safety 
                certificate.
            ``(D) The State law may authorize the chief law enforcement 
        officer of the State to charge a fee for the issuance of a 
        State handgun license.
            ``(E) The State law provides that, if the chief law 
        enforcement officer of the State determines that an individual 
        is ineligible to receive a State handgun license and the 
        individual in writing requests the officer to provide the 
        reasons for that determination, the officer shall provide the 
        reasons to the individual in writing not later than 20 business 
        days after receipt of the request.
            ``(F)(i) The State law provides for the revocation of a 
        State handgun license issued by the chief law enforcement 
        officer of the State if the chief law enforcement officer 
        determines that the licensee no longer satisfies 1 or more of 
        the conditions set forth in subparagraph (B).
            ``(ii) The State law provides that, not later than 10 days 
        after a person possessing a State handgun license that has been 
        revoked receives notice of the revocation, the person shall 
        return the license to the chief law enforcement officer who 
        issued the license.
            ``(G)(i) The State law provides that, not later than 24 
        hours after a State handgun licensee discovers that a handgun 
        has been stolen from or lost by the licensee, the licensee 
        shall report the theft or loss to--
                    ``(I) the Secretary;
                    ``(II) the chief law enforcement officer of the 
                State; and
                    ``(III) appropriate local authorities.
            ``(ii) The State law shall provide that failure to make the 
        reports described in clause (i) shall be punishable by a civil 
        penalty of not less than $1,000.
    ``(6) As used in this subsection, the term `State handgun 
registration form' means a handgun registration form prescribed under a 
State law that, at a minimum, meets the following requirements:
            ``(A) The State law provides that a handgun registration 
        form shall not be considered completed by an individual with 
        respect to a handgun, unless the form contains, at a minimum--
                    ``(i) information identifying the individual, 
                including the name, address, date of birth, and number 
                on the State handgun license issued to the individual; 
                and
                    ``(ii) information identifying the handgun, 
                including the make, model, caliber, and serial number 
                of the handgun.
            ``(B) The State law provides that the chief law enforcement 
        officer of the State shall furnish information from completed 
        handgun registration forms to Federal, State, and local law 
        enforcement authorities upon request.
            ``(C) The State law may authorize the chief law enforcement 
        officer of the State to charge a fee for the registration of a 
        handgun.
    ``(7) As used in this subsection, the term `State handgun safety 
certificate' means a certificate issued under a State law that, at a 
minimum, meets the following requirements:
            ``(A) The State law provides that the chief law enforcement 
        officer of the State shall issue State handgun safety 
        certificates.
            ``(B) The State law provides that a State handgun safety 
        certificate is not to be issued to an applicant, unless the 
        chief law enforcement officer of the State determines that the 
        applicant--
                    ``(i) is a resident of the State, by examining, at 
                a minimum, in addition to a valid identification 
                document (as defined in section 1028(d)), documentation 
                such as a utility bill or lease agreement;
                    ``(ii) has completed a course of not less than 2 
                hours of instruction in handgun safety, that was taught 
                by law enforcement officers and designed by the chief 
                law enforcement officer; and
                    ``(iii) has passed an examination, designed by the 
                chief law enforcement officer, testing the applicant's 
                knowledge of handgun safety.
            ``(C) The State law may authorize the chief law enforcement 
        officer of the State to charge a fee for the handgun safety 
        course and examination described in subparagraph (B).''.
    (b) Definition of Handgun Ammunition.--Section 921(a) of title 18, 
United States Code, is amended by adding at the end the following new 
paragraph:
    ``(33) The term `handgun ammunition' means--
            ``(A) a centerfire cartridge or cartridge case less than 
        1.3 inches in length; or
            ``(B) a primer, bullet, or propellent powder designed 
        specifically for use in a handgun.''.
    (c) Regulations.--Section 926 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(d) The Secretary shall, for purposes of section 922(y), 
prescribe regulations--
            ``(1) governing the form and appearance of State handgun 
        licenses;
            ``(2) establishing minimum standards that such licenses 
        must meet to be secure against forgery; and
            ``(3) establishing minimum standards that States must meet 
        in issuing such licenses in order to prevent fraud or theft of 
        such licenses.''.
    (d) Penalties for Violations of Section 922(y) of Title 18.--
Section 924(a)(1)(B) of title 18, United States Code, is amended by 
striking ``or (w)'' and inserting ``(w), or (y)''.
    (e) Technical Correction to Brady Act.--Section 922(t)(1)(B)(ii) of 
title 18, United States Code, is amended by inserting ``or State law'' 
after ``section''.
    (f) Effective Date.--The amendments made by this section shall 
become effective on the date that is 180 days after the date of 
enactment of this Act.
    (g) Funding.--
            (1) Grants for establishing systems of licensing and 
        registration.--The Attorney General shall, subject to the 
        availability of appropriations, make a grant to each State (as 
        defined in section 921(a)(2) of title 18, United States Code) 
        to be used for the initial startup costs associated with 
        establishing a system of licensing and registration consistent 
        with the requirements of section 922(y) of title 18, United 
        States Code, as added by subsection (a).
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated for grants under paragraph (1) not more than 
        $200,000,000, to remain available until expended.

SEC. 102. PROHIBITION OF MULTIPLE HANDGUN TRANSFERS.

    Section 922 of title 18, United States Code, as amended by section 
101(a), is amended by adding at the end the following new subsection:
    ``(z)(1) It shall be unlawful for any licensed dealer--
            ``(A) during any 30-day period, to sell 2 or more handguns 
        to an individual who is not licensed under section 923; or
            ``(B) to sell a handgun to an individual who is not 
        licensed under section 923 and who purchased a handgun during 
        the 30-day period ending on the date of the sale.
    ``(2) It shall be unlawful for any individual who is not licensed 
under section 923 to purchase 2 or more handguns during any 30-day 
period.
    ``(3) Paragraph (1) shall not apply to an exchange (with or without 
consideration) of a handgun for a handgun.''.

SEC. 103. PROHIBITION OF ENGAGING IN THE BUSINESS OF DEALING IN 
              HANDGUNS WITHOUT SPECIFIC AUTHORIZATION; REQUIREMENT THAT 
              AUTHORIZATION BE PROVIDED IF APPLICANT DEMONSTRATES 
              SIGNIFICANT UNMET ECONOMIC DEMAND.

    (a) Prohibition Against Engaging in the Business of Dealing in 
Handguns Without Specific Authorization.--Section 922(a)(1) of title 
18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) to engage in the business of dealing in 
                handguns, or in the course of such business, to ship, 
                transport, or receive any handgun in interstate or 
                foreign commerce, unless the person is specifically 
                authorized to do so under section 923(d)(2)(A); or''.
    (b) Requirement That Authorization Be Provided if Applicant 
Demonstrates That It Is in the Public Interest.--Section 923(d) of 
title 18, United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
    ``(2)(A) The Secretary shall authorize a licensed dealer (or a 
person whose application for a license to engage in the business of 
dealing in firearms is required to be approved by the Secretary) to 
engage in the business of dealing in handguns if the licensed dealer 
(or the applicant) demonstrates to the Secretary, in accordance with 
regulations that the Secretary shall prescribe, that there is 
significant unmet lawful demand for handguns in the market area (as 
defined by the Secretary) served by the licensed dealer (or to be 
served by the applicant).
    ``(B) For purposes of paragraph (3) of this subsection and 
subsections (e) and (f), a request for authority to engage in the 
business of dealing in handguns shall be considered to be an 
application for a license under this section, and the provision of such 
authority shall be considered to be the issuance of such a license.''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall take effect on the date 
        that is 1 year after the date of enactment of this Act.
            (2) 2-year grandfathering of licensed dealers.--During the 
        2-year period that begins on the effective date specified in 
        paragraph (1), the amendments made by this section shall not 
        apply to any person who, on the effective date, is a licensed 
        dealer (as defined in section 921(a)(11) of title 18, United 
        States Code).

                TITLE II--TRACING OF GUNS USED IN CRIMES

SEC. 201. DEALER ASSISTANCE WITH TRACING OF FIREARMS.

    (a) Provision of Record Information.--Section 923(g) of title 18, 
United States Code, is amended by adding at the end the following new 
paragraph:
    ``(8) Each licensee shall, at such times and under such conditions 
as the Secretary shall prescribe by regulation, provide all record 
information required to be kept by this chapter, or such lesser 
information as the Secretary may specify, as may be required for 
determining the disposition of a firearm in the course of a law 
enforcement investigation.''.
    (b) No Criminal Penalty.--Section 924(a)(1)(D) of title 18, United 
States Code, is amended by inserting ``, except section 923(g)(6)'' 
after ``chapter''.

SEC. 202. COMPUTERIZATION OF RECORDS.

    Section 926 of title 18, United States Code, as amended by section 
101(c), is amended--
            (1) in subsection (a), by striking the second sentence; and
            (2) by adding at the end the following new subsection:
    ``(e) The Director of the Bureau of Alcohol, Tobacco, and Firearms 
shall centralize all records of receipts and disposition of firearms 
obtained by the Bureau and maintain such records in whatever manner 
will enable their most efficient use in law enforcement 
investigations.''.

SEC. 203. INTERSTATE TRANSPORTATION OF FIREARMS.

    Section 922(a)(3) of title 18, United States Code, is amended to 
read as follows:
            ``(3)(A) for any person not licensed under section 923 to 
        transport a firearm from one State into another State; but
            ``(B)(i) subparagraph (A) shall not preclude any person who 
        lawfully acquires a firearm by bequest or intestate succession 
        in a State other than the person's State of residence from 
        transporting the firearm into or receiving the firearm in the 
        person's State of residence, if it is lawful for the person to 
        possess the firearm in the person's State of residence; and
            ``(ii) subparagraph (A) shall not apply to--
                    ``(I) the transportation or receipt of any firearm 
                obtained in conformity with subsection (b)(3);
                    ``(II) the transportation of any firearm acquired 
                in any State before the effective date of this chapter;
                    ``(III) the transportation of any firearm in 
                accordance with section 926A; and
                    ``(IV) the transportation of any firearm, under 
                contract or agreement with a person licensed under 
                section 923, by a person who ships or transports goods 
                in the ordinary course of business;''.

SEC. 204. GUN RUNNING.

    (a) Prohibitions.--Section 922 of title 18, United States Code, as 
amended by section 102, is amended by adding at the end the following 
new subsection:
    ``(aa) It shall be unlawful for a person not licensed under section 
923 to receive a firearm with the intent to transfer the firearm for 
profit.''.
    (b) Penalties.--Section 924(a) of title 18, United States Code, is 
amended by adding at the end the following new paragraph:
    ``(6)(A) Except as provided in subparagraph (B), a person who 
violates section 922(aa) shall be fined under this title, imprisoned 
not less than 6 months and not more than 3 years, or both.
    ``(B) A person who violates section 922(aa) with respect to 5 or 
more firearms during a 30-day period shall be fined under this title, 
imprisoned not less than 3 years, or both.''.

SEC. 205. HANDGUN BARREL REGISTRATION.

    Section 923(i) of title 18, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(i)''; and
            (2) by adding at the end the following:
    ``(2) Each licensed manufacturer shall, in accordance with 
regulations prescribed by the Secretary--
            ``(A) maintain records of the ballistics of handgun barrels 
        made by the licensed manufacturer and of the serial numbers of 
        such barrels; and
            ``(B) make such records available to the Secretary.''.

SEC. 206. NATIONAL FIREARMS TRACING CENTER.

    (a) Establishment.--The Secretary of the Treasury shall establish 
in the Bureau of Alcohol, Tobacco, and Firearms a National Firearms 
Tracing Center, which shall be operated for the purpose of tracing the 
chain of possession of firearms and ammunition used in crimes.
    (b) Authorization of Appropriations.--For the establishment and 
operation of the National Firearms Tracing Center there are authorized 
to be appropriated to the Secretary of the Treasury $20,000,000 for 
each of fiscal years 1995, 1996, and 1997.

                    TITLE III--DEALER RESPONSIBILITY

SEC. 301. COMPLIANCE WITH STATE AND LOCAL FIREARMS LICENSING LAWS AS 
              CONDITION TO ISSUANCE OF FEDERAL FIREARMS LICENSE.

    Section 923(d)(1) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(G) in the case of an application for a license to engage 
        in the business of dealing in firearms--
                    ``(i) the applicant has complied with all 
                requirements imposed on persons desiring to engage in 
                such a business by the State and political subdivision 
                of the State in which the applicant conducts or intends 
                to conduct such business;
                    ``(ii) the business to be conducted pursuant to the 
                license is not prohibited by the law of the State or 
                locality in which the business premises is located; and
                    ``(iii) the application includes a written 
                statement that--
                            ``(I) is signed by the chief of police of 
                        the locality, or the sheriff of the county, in 
                        which the applicant conducts or intends to 
                        conduct such business, the head of the State 
                        police of such State, or any official 
                        designated by the Secretary; and
                            ``(II) certifies that the information 
                        available to the signer of the statement does 
                        not indicate that the applicant is ineligible 
                        to obtain such a license under the law of such 
                        State and locality.''.

SEC. 302. BACKGROUND INVESTIGATION OF LICENSEES.

    (a) In General.--Section 923(d)(1)(B) of title 18, United States 
Code, is amended--
            (1) by inserting ``after a thorough investigation of'' 
        before ``the applicant''; and
            (2) by striking ``association)'' and inserting 
        ``association), which investigation shall include checking the 
        applicant's fingerprints against all appropriate compilations 
        of criminal records, the Secretary determines that the 
        applicant''.
    (b) Inspection of Applicant's Premises.--Section 923(d)(1) of title 
18, United States Code, as amended by section 301, is amended--
            (1) by striking ``and'' at the end of subparagraph (F);
            (2) by striking the period at the end of subparagraph (G) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(H) the Secretary has conducted an inspection of the 
        place at which the applicant is to conduct business pursuant to 
        the license.''.
    (c) Business Premises Required of Applicant.--Section 923(d)(1)(E) 
of title 18, United States Code, is amended by inserting ``business'' 
after ``(i)''.
    (d) Extension of Period for Approving or Denying Application.--
Section 923(d)(3) of title 18, United States Code, as redesignated by 
section 103(b), is amended by striking ``60-day'' and inserting ``180-
day''.

SEC. 303. INCREASED LICENSE FEES FOR DEALERS.

    Section 923(a)(3) of title 18, United States Code, is amended to 
read as follows:
    ``(3) If the applicant--
            ``(A) is a dealer in destructive devices or ammunition for 
        destructive devices, a fee of $2,000 per year; or
            ``(B) is a dealer not described in subparagraph (A), a fee 
        of $3,000 for 3 years.''.

SEC. 304. INCREASED PENALTIES FOR MAKING KNOWINGLY FALSE STATEMENTS IN 
              CONNECTION WITH FIREARMS.

    Section 924(a)(3) of title 18, United States Code, is amended by 
striking ``one year'' and inserting ``10 years''.

SEC. 305. DEALER INSPECTIONS.

    Section 923(g)(1)(B) of title 18, United States Code, is amended by 
striking all after ``warrant--'' and inserting `` as necessary to 
ensure compliance with this chapter, to further a criminal 
investigation, or to determine the disposition of one or more 
particular firearms.''.

SEC. 306. GUN SHOWS.

    (a) Prohibition of Certain Handgun Transfers at Gun Shows.--Section 
922(b) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; or''; and
            (3) by inserting after paragraph (5) the following new 
        paragraph:
            ``(6) any handgun to any person who is not a licensed 
        importer, licensed manufacturer, or licensed dealer, at any 
        place other than the location specified on the license of the 
        transferor.''.
    (b) Technical Amendments.--Section 923 of title 18, United States 
Code, is amended--
            (1) in the first sentence of subsection (j), by inserting 
        ``, consistent with section 922(b)(6),'' before 
        ``temporarily''; and
            (2) by redesignating subsection (1), as added by section 
        110307 of the Violent Crime Control and Law Enforcement Act of 
        1994, as subsection (l).

SEC. 307. ACQUISITION AND DISPOSITION RECORDS OF DEALERS SUSPECTED OF 
              SERVING AS SOURCES OF ILLEGAL FIREARMS.

    Section 923(g)(1) of title 18, United States Code, is amended by 
adding at the end the following new subparagraph:
    ``(E) If the Secretary, during a 1-year period, has identified a 
licensed dealer as the source of 3 or more firearms that have been 
recovered by law enforcement officials in criminal investigations, or 
if the Secretary has reason to believe that a licensed dealer is a 
source of firearms used in crimes, the Secretary may require the dealer 
to produce any or all records maintained by the dealer of acquisition 
and disposition of firearms, and may continue to impose that 
requirement until the Secretary determines that the dealer is not a 
source of firearms used in crimes.''.

SEC. 308. DEALER RESPONSIBILITY FOR SALES TO FELONS OR MINORS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by inserting after section 922 the following new section:
``Sec. 922A. Tort liability of licensed dealers
    ``(a)(1) Any person suffering physical injury arising from a crime 
of violence (as defined in section 924(c)(3)) in which a qualified 
firearm is used may bring an action in any United States district court 
against any qualified licensed dealer for damages and such other relief 
as the court determines to be appropriate.
    ``(2) As used in paragraph (1), the term `qualified firearm' means 
a firearm that--
            ``(A) has been transferred by a licensed dealer to a person 
        who--
                    ``(i) has been convicted in any court of a crime 
                punishable by imprisonment for a term exceeding 1 year; 
                or
                    ``(ii) has not attained the age of 18 years; and
            ``(B) is subsequently used by any person in a crime of 
        violence (as defined in section 924(c)(3)).
    ``(3) As used in paragraph (1), the term `qualified licensed 
dealer' means, with respect to a firearm, a licensed dealer who 
transfers the firearm to a person, knowing or having reasonable cause 
to believe that the person is prohibited by Federal or State law from 
receiving the firearm.
    ``(b)(1) The defendant in an action brought under subsection (a) 
shall be held liable in tort, without regard to fault or proof of 
defect, for all direct and consequential damages arising from the crime 
of violence referred to therein, except as provided in paragraph (2). 
The court, in its discretion, may award punitive damages.
    ``(2) There shall be no liability under subsection (a) if it is 
established by a preponderance of the evidence that the plaintiff 
suffered the physical injury while committing the crime of violence 
referred to therein.''.
    (b) Technical Amendment.--The chapter analysis for chapter 44 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 922 the following new item:

``Sec. 922A. Tort liability of licensed dealers.''.

SEC. 309. INTERSTATE SHIPMENT OF FIREARMS.

    Section 922(e) of title 18, United States Code, is amended--
            (1) in the first sentence by striking ``It shall be'' and 
        inserting the following:
    ``(2) It shall be'';
            (2) in the second sentence by striking ``No common or 
        contract carrier'' and inserting the following:
    ``(3) No common or contract carrier'';
            (3) by inserting ``(1) Any common or contract carrier that 
        undertakes to transport or deliver firearms in interstate or 
        foreign commerce shall, not less frequently than monthly, 
        obtain from the Secretary a list of licensed dealers. The 
        Secretary shall provide to any common or contract carrier, upon 
        request and without charge, a list of licensed dealers and 
        their license numbers.'' after ``(e)'';
            (4) in paragraph (2), as designated by paragraph (1)--
                    (A) by striking ``, to persons other than licensed 
                importers, licensed manufacturers, licensed dealers, or 
                licensed collectors,''; and
                    (B) by striking ``ammunition'' the first place it 
                appears and all that follows through ``passenger'' and 
                inserting ``ammunition--
            ``(A) without providing written notice to the carrier that 
        the firearm or ammunition is being transported or shipped; and
            ``(B) if the intended recipient of the package or container 
        is a licensed dealer, providing written notice of the dealer's 
        license number,
except that any passenger''; and
            (5) by adding at the end the following new paragraph:
    ``(4) A common or contract carrier shall be considered to have 
cause to believe that a shipment of firearms would violate this chapter 
if it is alleged to the carrier that the intended recipient of the 
shipment is a licensed dealer and the carrier fails to verify that the 
intended recipient is a licensed dealer.''.

                      TITLE IV--THEFT OF FIREARMS

SEC. 401. DEALER REPORTING OF FIREARM THEFTS.

    Section 923(g)(6) of title 18, United States Code, is amended to 
read as follows:
    ``(6) Each licensee shall report to the Secretary, and to the chief 
law enforcement officer (as defined in section 922(s)(8)) of the 
locality in which the premises specified on the license is located, any 
theft of firearms from the licensee, as soon as practicable after 
discovery of the theft, but in no event later than the close of 
business on the first business day after the day on which the licensee 
discovers the theft.''.

SEC. 402. THEFT OF FIREARMS OR EXPLOSIVES.

    (a) Firearms.--Section 924 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(o) A person who steals any firearm that is moving as, or is a 
part of, or that has moved in, interstate or foreign commerce shall be 
fined under this title, imprisoned not less than 2 nor more than 10 
years, or both.''.
    (b) Explosives.--Section 844 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(n) A person who steals any explosive materials that are moving 
as, or are a part of, or that have moved in, interstate or foreign 
commerce shall be fined under this title, imprisoned not less than 2 
nor more than 10 years, or both.''.

SEC. 403. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.

    (a) Firearms.--Section 924 of title 18, United States Code, as 
amended by section 402(a), is amended by adding at the end the 
following new subsection:
    ``(p) A person who steals any firearm from a licensed importer, 
licensed manufacturer, licensed dealer, or licensed collector shall be 
fined under this title, imprisoned not more than 10 years, or both.''.
    (b) Explosives.--Section 844 of title 18, United States Code, as 
amended by section 402(b), is amended by adding at the end the 
following new subsection:
    ``(o) A person who steals explosive materials from a licensed 
importer, licensed manufacturer, licensed dealer, or any permittee 
shall be fined under this title, imprisoned not more than 10 years, or 
both.''.

SEC. 404. SECURITY OF LICENSED FIREARMS DEALERS.

    (a) Requirement.--Section 923 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(m) A licensed dealer shall provide for security against theft of 
firearms from the dealer's business premises, in accordance with 
regulations prescribed by the Secretary.''.
    (b) Denial of Dealer's License.--Section 923(d)(1)(G) of title 18, 
United States Code, as added by section 301(3), and amended by section 
302(b)(2), of this Act, is amended--
            (1) by striking ``and'' at the end of clause (ii);
            (2) by striking the period at the end of clause (iii) and 
        inserting ``; and''; and
            (3) by adding at the end the following new clause:
                    ``(iv) the applicant has provided for security 
                against theft of firearms from the place at which 
                business is to be conducted pursuant to the license, in 
                accordance with regulations prescribed under subsection 
                (m).''.

                         TITLE V--ARMED FELONS

SEC. 501. DENIAL OF ADMINISTRATIVE RELIEF FROM CERTAIN FIREARMS 
              PROHIBITIONS; INADMISSIBILITY OF ADDITIONAL EVIDENCE IN 
              JUDICIAL REVIEW OF DENIALS OF SUCH ADMINISTRATIVE RELIEF 
              FOR OTHER PERSONS.

    (a) In General.--Section 925(c) of title 18, United States Code, is 
amended--
            (1) in the first sentence--
                    (A) by inserting ``(1)'' before ``A person'';
                    (B) by inserting ``(as defined in section 921(a)(1) 
                (other than an individual))'' before ``who is 
                prohibited''; and
                    (C) by striking ``his'' and inserting ``the 
                Secretary's'';
            (2) by striking the second and third sentences;
            (3) in the fourth sentence--
                    (A) by striking ``A licensed importer'' and 
                inserting the following:
    ``(2) A licensed importer'';
                    (B) by inserting ``person (as defined in section 
                921(a)(1) (other than an individual)) who is a'' before 
                ``licensed importer''; and
                    (C) by striking ``his'' and inserting ``the 
                person's''; and
            (4) by amending the fifth sentence to read as follows:
    ``(3) When the Secretary grants relief to a person under this 
section, the Secretary shall promptly publish in the Federal Register a 
notice of the action, which shall include--
            ``(A) the name of the person;
            ``(B) the disability with respect to which the relief is 
        granted, and, if the disability was imposed by reason of a 
        criminal conviction of the person, the crime for which, and the 
        court in which, the person was convicted; and
            ``(C) the reasons for the action.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply to--
            (1) applications for administrative relief, and actions for 
        judicial review, that are pending on or after the date of 
        enactment of this Act; and
            (2) applications for administrative relief filed, and 
        actions for judicial review brought, on or after the date of 
        enactment of this Act.

SEC. 502. CLARIFICATION OF DEFINITION OF CONVICTION.

    Section 921(a)(20) of title 18, United States Code, is amended--
            (1) in the first sentence--
                    (A) by inserting ``(A)'' after ``(20)''; and
                    (B) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively;
            (2) in the second sentence by striking ``What'' and 
        inserting the following:
    ``(B) What''; and
            (3) by striking the third sentence and inserting the 
        following:
    ``(C) A State conviction that has been expunged or set aside, or 
for which a person has been pardoned or has had civil rights restored, 
shall not be considered to be a conviction for purposes of this chapter 
if--
            ``(i) the expungement, setting aside, pardon, or 
        restoration of civil rights applies to a named person and 
        expressly authorizes the person to ship, transport, receive, 
        and possess firearms; and
            ``(ii) the State authority granting the expungement, 
        setting aside, pardon, or restoration of civil rights has 
        expressly determined that the circumstances regarding the 
        conviction, and the person's record and reputation, are such 
        that--
                    ``(I) the applicant will not be likely to act in a 
                manner that is dangerous to public safety; and
                    ``(II) the granting of the relief would not be 
                contrary to the public interest.
    ``(D) Subparagraph (C) shall not apply to a conviction for a 
violent felony (as defined in section 924(e)(2)(B)) or a serious drug 
offense (as defined in section 924(e)(2)(A)).''.

SEC. 503. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM DURING A 
              CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME.

    (a) In General.--Section 924(c)(1) of title 18, United States Code, 
is amended by striking ``and if the firearm is a short-barreled rifle, 
short-barreled shotgun'' and inserting ``if the firearm is a 
semiautomatic firearm, a short-barreled rifle, or a short-barreled 
shotgun,''.
    (b) Semiautomatic Firearm.--Section 921(a) of title 18, United 
States Code, as amended by section 101(b), is amended by adding at the 
end the following new paragraph:
    ``(34) The term `semiautomatic firearm' means a repeating firearm 
that--
            ``(A) utilizes a portion of the energy of a firing 
        cartridge to extract the fired cartridge case and chamber the 
        next round; and
            ``(B) requires a separate pull of the trigger to fire each 
        cartridge.''.

SEC. 504. VIOLATION OF FIREARMS LAWS IN AID OF DRUG TRAFFICKING.

    Section 924(j) of title 18, United States Code, is amended to read 
as follows:
    ``(j)(1) A person who, with the intent to engage in or to promote 
conduct described in paragraph (2), violates any provision of this 
chapter or attempts to do so shall be imprisoned not more than 10 
years, fined under this title, or both.
    ``(2) Conduct is described in this paragraph if it is conduct 
that--
            ``(A) is punishable under the Controlled Substances Act (21 
        U.S.C. 801 et seq.), the Controlled Substances Import and 
        Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law 
        Enforcement Act (46 U.S.C. App. 1901 et seq.);
            ``(B) violates any law of a State relating to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act, 21 U.S.C. 802); or
            ``(C) constitutes a crime of violence (as defined in 
        subsection (c)(3)).''.

SEC. 505. MANDATORY PENALTIES FOR FIREARMS POSSESSION BY VIOLENT FELONS 
              AND SERIOUS DRUG OFFENDERS.

    (a) One Prior Conviction.--Section 924(a)(2) of title 18, United 
States Code, is amended by inserting ``, and if the violation is of 
section 922(g)(1) by a person who has a previous conviction for a 
violent felony or a serious drug offense (as defined in subsection 
(e)(2) (A) and (B)), a sentence imposed under this paragraph shall 
include an additional term of imprisonment of not less than 5 years'' 
before the period.
    (b) Two Prior Convictions.--Section 924 of title 18, United States 
Code, is amended by adding at the end the following new subsection:
    ``(q)(1) Notwithstanding subsection (a)(2), a person who violates 
section 922(g) and has 2 previous convictions by any court for a 
violent felony (as defined in subsection (e)(2)(B)) or a serious drug 
offense (as defined in subsection (e)(2)(A)), for which a term of 
imprisonment exceeding 1 year has been imposed, committed on occasions 
different from one another shall be fined under this title, imprisoned 
not less than 10 nor more than 20 years, or both.
    ``(2) Notwithstanding any other law, the court shall not suspend 
the sentence of, or grant a probationary sentence to, a person 
described in paragraph (1) with respect to the conviction under section 
922(g).''.
    (c) Technical Correction.--Section 924 of title 18, United States 
Code, is amended by redesignating paragraph (5), as added by section 
110201(b)(2) of the Violent Crime Control and Law Enforcement Act of 
1994, as paragraph (6).

                    TITLE VI--VIOLENT MISDEMEANANTS

SEC. 601. PROHIBITION OF DISPOSAL OF FIREARMS OR AMMUNITION TO, OR 
              RECEIPT OF FIREARMS OR AMMUNITION BY, PERSONS CONVICTED 
              OF A VIOLENT CRIME OR SUBJECT TO A PROTECTION ORDER.

    (a) Prohibition of Disposal.--Section 922(d) of title 18, United 
States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting a semicolon; and
            (3) by inserting after paragraph (8) the following new 
        paragraphs:
            ``(9) has been convicted in any court of an offense that--
                    ``(A) is punishable by imprisonment for more than 6 
                months; and
                    ``(B)(i) has, as an element, the use, attempted 
                use, or threatened use of physical force against 
                another person; or
                    ``(ii) by its nature, involves a substantial risk 
                that physical force against a person described in 
                subparagraph (A) may be used in the course of 
                committing the offense; or
            ``(10) is required, pursuant to an order issued by a court 
        in a case involving the use, attempted use, or threatened use 
        of physical force against another person, to refrain from 
        contact with or maintain a minimum distance from that 
        person.''.
    (b) Prohibition of Receipt.--Section 922(g) of title 18, United 
States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (7);
            (2) by striking the comma at the end of paragraph (8) and 
        inserting a semicolon; and
            (3) by inserting immediately after paragraph (8) the 
        following new paragraphs:
            ``(9) who has been convicted in any court of an offense 
        that--
                    ``(A) is punishable by imprisonment for more than 6 
                months; and
                    ``(B)(i) has, as an element, the use, attempted 
                use, or threatened use of physical force against 
                another person; or
                    ``(ii) by its nature, involves a substantial risk 
                that physical force against a person described in 
                subparagraph (A) may be used in the course of 
                committing the offense; or
            ``(10) who is required, pursuant to an order issued by a 
        court in a case involving the use, attempted use, or threatened 
        use of physical force against another person, to refrain from 
        contact with or maintain a minimum distance from that 
        person,''.

                         TITLE VII--AMMUNITION

SEC. 701. FEDERAL LICENSE TO DEAL IN AMMUNITION.

    (a) Definitions.--
            (1) Dealer.--Section 921(a)(11)(A) of title 18, United 
        States Code, is amended by inserting ``or ammunition'' after 
        ``firearms''.
            (2) Collector.--Section 921(a)(13) of title 18, United 
        States Code, is amended by inserting ``or ammunition'' after 
        ``firearms''.
            (3) Engaged in the business.--Section 921(a)(21) of title 
        18, United States Code, is amended--
                    (A) by redesignating subparagraphs (E) and (F) as 
                subparagraphs (F) and (G), respectively; and
                    (B) by inserting after subparagraph (D) the 
                following new subparagraph:
            ``(E) as applied to a dealer in ammunition, a person who 
        devotes time, attention, and labor to engaging in such activity 
        as a regular course of trade or business with the principal 
        objective of livelihood and profit through the repetitive 
        purchase and resale of ammunition, but such term does not 
        include a person who makes occasional sales, exchanges, or 
        purchases of ammunition for the enhancement of a personal 
        collection or for a hobby, or who sells all or part of the 
        person's personal collection of ammunition;''.
    (b) Prohibitions.--Section 922 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) (as amended by section 
                103(a))--
                            (i) by amending subparagraph (A) to read as 
                        follows:
            ``(A) except a licensed importer, licensed manufacturer, or 
        licensed dealer, to engage in the business of importing, 
        manufacturing, or dealing in firearms or ammunition, or in the 
        course of such business to ship, transport, or receive any 
        firearm or ammunition in interstate or foreign commerce; or'';
                            (ii) by striking ``; or'' at the end of 
                        subparagraph (B) and inserting a period; and
                            (iii) by striking subparagraph (C);
                    (B) in paragraphs (2), (3), and (5) by inserting 
                ``or ammunition'' after ``firearm'' each place it 
                appears;
            (2) in subsection (b)(3)--
                    (A) by inserting ``or ammunition'' after 
                ``firearm'' each place it appears; and
                    (B) by inserting ``, or ammunition for a rifle or 
                shotgun,'' after ``shotgun'';
            (3) in subsection (c)--
                    (A) by inserting ``or ammunition'' after 
                ``firearm'' the first, third, fourth, fifth, sixth, and 
                seventh places it appears;
                    (B) by inserting ``or any ammunition other than for 
                a shotgun or rifle,'' after ``rifle,'' the first place 
                it appears; and
                    (C) by inserting ``or ammunition for a shotgun or 
                rifle,'' after ``rifle,'' the second place it appears;
            (4) in subsection (e) (as amended by section 309) by 
        inserting ``or ammunition'' after ``firearms'' each place it 
        appears; and
            (5) in subsection (q)(2)--
                    (A) in subparagraph (A) by inserting ``or 
                ammunition'' after ``firearm''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(C) Subparagraph (A) shall not apply to the possession of 
ammunition--
            ``(i) on private property not part of school grounds;
            ``(ii) if the individual possessing the ammunition is 
        licensed to do so by the State in which the school zone is 
        located or a political subdivision of the State, and the law of 
        the State requires that, before an individual obtain such a 
        license, the law enforcement authorities of the State or 
        political subdivision verify that the individual is qualified 
        under law to receive the license;
            ``(iii) that is in a locked container;
            ``(iv) by an individual for use in a program approved by a 
        school in the school zone;
            ``(v) by an individual in accordance with a contract 
        entered into between a school in the school zone and the 
        individual or an employer of the individual;
            ``(vi) by a law enforcement officer acting in the officer's 
        official capacity; or
            ``(vii) that is possessed by an individual while traversing 
        school premises for the purpose of gaining access to public or 
        private lands open to hunting, if the entry on school premises 
        is authorized by school authorities.''.
    (c) Licensing.--Section 923 of title 18, United States Code, is 
amended--
            (1) in the first sentence of subsection (a) by striking 
        ``importing or manufacturing'';
            (2) in subsection (g)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by inserting ``and ammunition'' 
                                after ``firearms'' the first place it 
                                appears;
                                    (II) by striking ``firearms'' the 
                                second place it appears; and
                                    (III) by striking ``or any licensed 
                                importer or manufacturer of 
                                ammunition,''; and
                            (ii) in each of subparagraphs (B)(iii) and 
                        (C)(ii) by inserting ``or rounds of 
                        ammunition'' after ``firearms''; and
                    (B) in paragraph (2)--
                            (i) by inserting ``or ammunition'' after 
                        ``firearm''; and
                            (ii) by inserting ``or ammunition'' after 
                        ``firearms'';
                    (C) in paragraph (8), as added by section 201(a), 
                by inserting ``or ammunition'' after ``firearm''; and
                    (D) in paragraph (9), as added by section 401, by 
                inserting ``or ammunition'' after ``firearms'';
            (3) in subsection (d)(1)(G)(iv), as added by section 
        404(b), by inserting ``or rounds of ammunition'' after 
        ``firearms'';
            (4) in subsection (j)--
                    (A) by inserting ``or ammunition'' after 
                ``firearms'' the second place it appears; and
                    (B) by inserting ``and ammunition'' after 
                ``firearms'' the third place it appears; and
            (5) in subsection (m), as added by section 404(a), by 
        inserting ``or ammunition'' after ``firearms''.
    (d) Penalties.--Section 924 of title 18, United States Code, is 
amended--
            (1) in subsection (g) by inserting ``or ammunition'' after 
        ``firearm'';
            (2) in subsection (h) by inserting ``or ammunition'' after 
        ``firearm'' each place it appears;
            (3) in subsection (o), as added by section 402(a), by 
        inserting ``or ammunition'' after ``firearm''; and
            (4) in subsection (p), as added by section 403(a), by 
        inserting ``or ammunition'' after ``firearm''.
    (e) Interstate Transportation.--Section 926A of title 18, United 
States Code, is amended--
            (1) in the section heading by inserting ``and ammunition'' 
        after ``firearms''; and
            (2) in the text by inserting ``or ammunition'' after 
        ``firearm'' in the first, second, third, and fourth places it 
        appears.
    (f) Possession in Federal Facilities.--Section 930 of title 18, 
United States Code, is amended--
            (1) in the section heading by inserting ``, ammunition,'' 
        after ``firearms'';
            (2) by inserting ``, ammunition,'' after ``firearm'' each 
        place it appears; and
            (3) in subsection (d)(3) by inserting ``, ammunition,'' 
        after ``firearms''.
    (g) Technical Amendments.--The chapter analysis for chapter 44 of 
title 18, United States Code, is amended--
            (1) in the item relating to section 926A by inserting ``and 
        ammunition'' after ``firearms''; and
            (2) in the item relating to section 930 by inserting ``, 
        ammunition,'' after ``firearms''.

SEC. 702. REGULATION OF THE MANUFACTURE, IMPORTATION, AND SALE OF 
              CERTAIN PARTICULARLY DANGEROUS BULLETS.

    Section 921(a)(17) of title 18, United States Code, is amended by 
striking subparagraph (B) and inserting the following:
    ``(B) The term `armor piercing ammunition'--
            ``(i) means--
                    ``(I) a projectile or projectile core that may be 
                used in a handgun and that is constructed entirely 
                (excluding the presence of traces of other substances) 
                from 1 or a combination of tungsten alloys, steel, 
                iron, brass, bronze, beryllium copper, or depleted 
                uranium;
                    ``(II) a jacketed, hollow point projectile that may 
                be used in a handgun and the jacket of which is 
                designed to produce, upon impact, evenly spaced sharp 
                or barb-like projections that extend beyond the 
                diameter of the unfired projectile; or
                    ``(III) a jacketed projectile that may be used in a 
                handgun and the jacket of which has a weight of more 
                than 25 percent of the total weight of the projectile; 
                but
            ``(ii) does not include--
                    ``(I) shotgun shot required by Federal or State 
                environmental or game regulations for hunting purposes;
                    ``(II) a frangible projectile designed for target 
                shooting;
                    ``(III) a projectile that the Secretary finds is 
                primarily intended to be used for sporting purposes; or
                    ``(IV) any other projectile or projectile core that 
                the Secretary finds is intended to be used for 
                industrial purposes, including a charge used in an oil 
                or gas well perforating device.''.
                                 <all>
S 631 IS----2
S 631 IS----3
S 631 IS----4
```