II

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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Handgun Control and

5 Violence Prevention Act of 1995’’.

6 SEC. 2. FINDINGS AND DECLARATIONS.

7 The Congress finds and declares that—

8 (1) crimes committed with firearms threaten

9 the peace and domestic tranquility of the United

10 States and threaten the security and general welfare

11 of the Nation and its people;
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1 (2) crimes committed with firearms, especially

2 those committed with handguns, have imposed a

3 substantial burden on interstate commerce;

4 (3) firearms are easily transported across State

5 boundaries and, as a result, individual State action

6 to regulate firearms is made ineffective by lax regu7 lation by other States; and

8 (4) it is necessary to establish uniform national

9 laws governing all aspects of the firearms industry,

10 requiring handgun licensing and registration, ex11 panding the categories of persons prohibited from

12 possessing firearms, limiting Federal firearms licens13 ees to bona fide importers, manufacturers, and deal14 ers, and prohibiting the sale of semiautomatic as15 sault weapons and other dangerous weapons.

16 SEC. 3. TABLE OF CONTENTS.

17 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.
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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.
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1 TITLE I—NATIONAL HANDGUN

2 CONTROLS

3 SEC. 101. STATE LICENSE REQUIRED TO RECEIVE A HAND4 GUN.

5 (a) IN GENERAL.—Section 922 of title 18, United

6 States Code, is amended by adding at the end the follow7 ing new subsection:

8 ‘‘(y)(1) It shall be unlawful for any person to sell,

9 deliver, or otherwise transfer a handgun to an individual

10 who is not licensed under section 923 unless—

11 ‘‘(A) the transferor (or a licensed dealer, if

12 State law so directs or allows) has verified that the

13 transferee possesses a valid State handgun license

14 by—

15 ‘‘(i) examining the State handgun license;

16 ‘‘(ii) examining, in addition to the State

17 handgun license, a valid identification document

18 (as defined in section 1028(d)) containing a

19 photograph of the transferee; and

20 ‘‘(iii) contacting the chief law enforcement

21 officer of the State that issued the State hand22 gun license to confirm that the State handgun

23 license has not been revoked; and

24 ‘‘(B) the transferor (or licensed dealer) has pro25 vided to the chief law enforcement officer of the
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1 State in which the transfer is to take place a com2 pleted State handgun registration form for the hand3 gun to be transferred.

4 ‘‘(2) It shall be unlawful for any person to sell, de5 liver, or otherwise transfer handgun ammunition to an in6 dividual who is not licensed under section 923 unless the

7 transferor (or licensed dealer, if State law so directs or

8 allows) has verified that the transferee possesses a valid

9 State handgun license by—

10 ‘‘(A) examining the State handgun license; and

11 ‘‘(B) examining, in addition to the State hand12 gun license, a valid identification document (as de13 fined in section 1028(d)) containing a photograph of

14 the transferee.

15 ‘‘(3) It shall be unlawful for any individual who is

16 not licensed under section 923 to receive a handgun or

17 handgun ammunition unless the individual possesses a

18 valid State handgun license.

19 ‘‘(4) As used in this subsection, the term ‘chief law

20 enforcement officer of the State’ means the chief, or equiv21 alent officer, of the State police force, or the designee of

22 that officer.

23 ‘‘(5) As used in this subsection, the term ‘State hand24 gun license’ means a license issued under a State law that,

25 at a minimum, meets the following requirements:
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1 ‘‘(A) The State law provides that—

2 ‘‘(i) the chief law enforcement officer of

3 the State shall issue State handgun licenses,

4 which shall meet such requirements as to form,

5 appearance, and security against forgery as are

6 prescribed by the Secretary in regulations, in

7 accordance with such procedures as are pre8 scribed by the Secretary in regulations;

9 ‘‘(ii) the State handgun license issued to a

10 licensee shall contain—

11 ‘‘(I) the name, address, date of birth,

12 physical description, and a photograph of

13 the licensee; and

14 ‘‘(II) a unique license number; and

15 ‘‘(iii) a State handgun license shall be valid

16 for a period of not more than 2 years from the

17 date of issue, unless revoked.

18 ‘‘(B) The State law provides that a State hand19 gun license may not be issued unless the chief law

20 enforcement officer of the State determines that the

21 applicant—

22 ‘‘(i) is at least 21 years of age;

23 ‘‘(ii) is a resident of the State, by examin24 ing, at a minimum, in addition to a valid identi25 fication document (as defined in section
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1 1028(d)), documentation such as a utility bill

2 or lease agreement;

3 ‘‘(iii) is not prohibited from possessing or

4 receiving a handgun under Federal, State, or

5 local law, based upon name- and fingerprint6 based research in all available Federal, State,

7 and local recordkeeping systems, including the

8 national instant criminal background check sys9 tem established by the Attorney General pursu10 ant to section 103 of the Brady Handgun Vio11 lence Prevention Act; and

12 ‘‘(iv) has been issued a State handgun

13 safety certificate.

14 ‘‘(D) The State law may authorize the chief law

15 enforcement officer of the State to charge a fee for

16 the issuance of a State handgun license.

17 ‘‘(E) The State law provides that, if the chief

18 law enforcement officer of the State determines that

19 an individual is ineligible to receive a State handgun

20 license and the individual in writing requests the of21 ficer to provide the reasons for that determination,

22 the officer shall provide the reasons to the individual

23 in writing not later than 20 business days after re24 ceipt of the request.
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1 ‘‘(F)(i) The State law provides for the revoca2 tion of a State handgun license issued by the chief

3 law enforcement officer of the State if the chief law

4 enforcement officer determines that the licensee no

5 longer satisfies 1 or more of the conditions set forth

6 in subparagraph (B).

7 ‘‘(ii) The State law provides that, not later than

8 10 days after a person possessing a State handgun

9 license that has been revoked receives notice of the

10 revocation, the person shall return the license to the

11 chief law enforcement officer who issued the license.

12 ‘‘(G)(i) The State law provides that, not later

13 than 24 hours after a State handgun licensee discov14 ers that a handgun has been stolen from or lost by

15 the licensee, the licensee shall report the theft or loss

16 to—

17 ‘‘(I) the Secretary;

18 ‘‘(II) the chief law enforcement officer of

19 the State; and

20 ‘‘(III) appropriate local authorities.

21 ‘‘(ii) The State law shall provide that failure to

22 make the reports described in clause (i) shall be

23 punishable by a civil penalty of not less than $1,000.

24 ‘‘(6) As used in this subsection, the term ‘State hand25 gun registration form’ means a handgun registration form
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1 prescribed under a State law that, at a minimum, meets

2 the following requirements:

3 ‘‘(A) The State law provides that a handgun

4 registration form shall not be considered completed

5 by an individual with respect to a handgun, unless

6 the form contains, at a minimum—

7 ‘‘(i) information identifying the individual,

8 including the name, address, date of birth, and

9 number on the State handgun license issued to

10 the individual; and

11 ‘‘(ii) information identifying the handgun,

12 including the make, model, caliber, and serial

13 number of the handgun.

14 ‘‘(B) The State law provides that the chief law

15 enforcement officer of the State shall furnish infor16 mation from completed handgun registration forms

17 to Federal, State, and local law enforcement authori18 ties upon request.

19 ‘‘(C) The State law may authorize the chief law

20 enforcement officer of the State to charge a fee for

21 the registration of a handgun.

22 ‘‘(7) As used in this subsection, the term ‘State hand23 gun safety certificate’ means a certificate issued under a

24 State law that, at a minimum, meets the following require25 ments:
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1 ‘‘(A) The State law provides that the chief law

2 enforcement officer of the State shall issue State

3 handgun safety certificates.

4 ‘‘(B) The State law provides that a State hand5 gun safety certificate is not to be issued to an appli6 cant, unless the chief law enforcement officer of the

7 State determines that the applicant—

8 ‘‘(i) is a resident of the State, by examin9 ing, at a minimum, in addition to a valid identi10 fication document (as defined in section

11 1028(d)), documentation such as a utility bill

12 or lease agreement;

13 ‘‘(ii) has completed a course of not less

14 than 2 hours of instruction in handgun safety,

15 that was taught by law enforcement officers

16 and designed by the chief law enforcement offi17 cer; and

18 ‘‘(iii) has passed an examination, designed

19 by the chief law enforcement officer, testing the

20 applicant’s knowledge of handgun safety.

21 ‘‘(C) The State law may authorize the chief law

22 enforcement officer of the State to charge a fee for

23 the handgun safety course and examination de24 scribed in subparagraph (B).’’.
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1 (b) DEFINITION OF HANDGUN AMMUNITION.—Sec2 tion 921(a) of title 18, United States Code, is amended

3 by adding at the end the following new paragraph:

4 ‘‘(33) The term ‘handgun ammunition’ means—

5 ‘‘(A) a centerfire cartridge or cartridge case less

6 than 1.3 inches in length; or

7 ‘‘(B) a primer, bullet, or propellent powder de8 signed specifically for use in a handgun.’’.

9 (c) REGULATIONS.—Section 926 of title 18, United

10 States Code, is amended by adding at the end the follow11 ing new subsection:

12 ‘‘(d) The Secretary shall, for purposes of section

13 922(y), prescribe regulations—

14 ‘‘(1) governing the form and appearance of

15 State handgun licenses;

16 ‘‘(2) establishing minimum standards that such

17 licenses must meet to be secure against forgery; and

18 ‘‘(3) establishing minimum standards that

19 States must meet in issuing such licenses in order

20 to prevent fraud or theft of such licenses.’’.

21 (d) PENALTIES FOR VIOLATIONS OF SECTION 922(y)

22 OF TITLE 18.—Section 924(a)(1)(B) of title 18, United

23 States Code, is amended by striking ‘‘or (w)’’ and insert24 ing ‘‘(w), or (y)’’.
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1 (e) TECHNICAL CORRECTION TO BRADY ACT.—Sec2 tion 922(t)(1)(B)(ii) of title 18, United States Code, is

3 amended by inserting ‘‘or State law’’ after ‘‘section’’.

4 (f) EFFECTIVE DATE.—The amendments made by

5 this section shall become effective on the date that is 180

6 days after the date of enactment of this Act.

7 (g) FUNDING.—

8 (1) GRANTS FOR ESTABLISHING SYSTEMS OF

9 LICENSING AND REGISTRATION.—The Attorney Gen10 eral shall, subject to the availability of appropria11 tions, make a grant to each State (as defined in sec12 tion 921(a)(2) of title 18, United States Code) to be

13 used for the initial startup costs associated with es14 tablishing a system of licensing and registration con15 sistent with the requirements of section 922(y) of

16 title 18, United States Code, as added by subsection

17 (a).

18 (2) AUTHORIZATION OF APPROPRIATIONS.—

19 There is authorized to be appropriated for grants

20 under paragraph (1) not more than $200,000,000,

21 to remain available until expended.
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1 SEC. 102. PROHIBITION OF MULTIPLE HANDGUN TRANS2 FERS.

3 Section 922 of title 18, United States Code, as

4 amended by section 101(a), is amended by adding at the

5 end the following new subsection:

6 ‘‘(z)(1) It shall be unlawful for any licensed dealer—

7 ‘‘(A) during any 30-day period, to sell 2 or

8 more handguns to an individual who is not licensed

9 under section 923; or

10 ‘‘(B) to sell a handgun to an individual who is

11 not licensed under section 923 and who purchased a

12 handgun during the 30-day period ending on the

13 date of the sale.

14 ‘‘(2) It shall be unlawful for any individual who is

15 not licensed under section 923 to purchase 2 or more

16 handguns during any 30-day period.

17 ‘‘(3) Paragraph (1) shall not apply to an exchange

18 (with or without consideration) of a handgun for a hand19 gun.’’.
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1 SEC. 103. PROHIBITION OF ENGAGING IN THE BUSINESS OF

2 DEALING IN HANDGUNS WITHOUT SPECIFIC

3 AUTHORIZATION; REQUIREMENT THAT AU4 THORIZATION BE PROVIDED IF APPLICANT

5 DEMONSTRATES SIGNIFICANT UNMET ECO6 NOMIC DEMAND.

7 (a) PROHIBITION AGAINST ENGAGING IN THE BUSI8 NESS OF DEALING IN HANDGUNS WITHOUT SPECIFIC AU9 THORIZATION.—Section 922(a)(1) of title 18, United

10 States Code, is amended—

11 (1) by striking ‘‘or’’ at the end of subparagraph

12 (A);

13 (2) by redesignating subparagraph (B) as sub14 paragraph (C); and

15 (3) by inserting after subparagraph (A) the fol16 lowing new subparagraph:

17 ‘‘(B) to engage in the business of dealing

18 in handguns, or in the course of such business,

19 to ship, transport, or receive any handgun in

20 interstate or foreign commerce, unless the per21 son is specifically authorized to do so under sec22 tion 923(d)(2)(A); or’’.

23 (b) REQUIREMENT THAT AUTHORIZATION BE PRO24 VIDED IF APPLICANT DEMONSTRATES THAT IT IS IN THE

25 PUBLIC INTEREST.—Section 923(d) of title 18, United

26 States Code, is amended—
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1 (1) by redesignating paragraph (2) as para2 graph (3); and

3 (2) by inserting after paragraph (1) the follow4 ing new paragraph:

5 ‘‘(2)(A) The Secretary shall authorize a licensed deal6 er (or a person whose application for a license to engage

7 in the business of dealing in firearms is required to be

8 approved by the Secretary) to engage in the business of

9 dealing in handguns if the licensed dealer (or the appli10 cant) demonstrates to the Secretary, in accordance with

11 regulations that the Secretary shall prescribe, that there

12 is significant unmet lawful demand for handguns in the

13 market area (as defined by the Secretary) served by the

14 licensed dealer (or to be served by the applicant).

15 ‘‘(B) For purposes of paragraph (3) of this sub16 section and subsections (e) and (f), a request for authority

17 to engage in the business of dealing in handguns shall be

18 considered to be an application for a license under this

19 section, and the provision of such authority shall be con20 sidered to be the issuance of such a license.’’.

21 (c) EFFECTIVE DATE.—

22 (1) IN GENERAL.—Except as provided in para23 graph (2), the amendments made by this section

24 shall take effect on the date that is 1 year after the

25 date of enactment of this Act.
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1 (2) 2-YEAR GRANDFATHERING OF LICENSED

2 DEALERS.—During the 2-year period that begins on

3 the effective date specified in paragraph (1), the

4 amendments made by this section shall not apply to

5 any person who, on the effective date, is a licensed

6 dealer (as defined in section 921(a)(11) of title 18,

7 United States Code).

8 TITLE II—TRACING OF GUNS

9 USED IN CRIMES

10 SEC. 201. DEALER ASSISTANCE WITH TRACING OF FIRE11 ARMS.

12 (a) PROVISION OF RECORD INFORMATION.—Section

13 923(g) of title 18, United States Code, is amended by add14 ing at the end the following new paragraph:

15 ‘‘(8) Each licensee shall, at such times and under

16 such conditions as the Secretary shall prescribe by regula17 tion, provide all record information required to be kept

18 by this chapter, or such lesser information as the Sec19 retary may specify, as may be required for determining

20 the disposition of a firearm in the course of a law enforce21 ment investigation.’’.

22 (b) NO CRIMINAL PENALTY.—Section 924(a)(1)(D)

23 of title 18, United States Code, is amended by inserting

24 ‘‘, except section 923(g)(6)’’ after ‘‘chapter’’.
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1 SEC. 202. COMPUTERIZATION OF RECORDS.

2 Section 926 of title 18, United States Code, as

3 amended by section 101(c), is amended—

4 (1) in subsection (a), by striking the second

5 sentence; and

6 (2) by adding at the end the following new sub7 section:

8 ‘‘(e) The Director of the Bureau of Alcohol, Tobacco,

9 and Firearms shall centralize all records of receipts and

10 disposition of firearms obtained by the Bureau and main11 tain such records in whatever manner will enable their

12 most efficient use in law enforcement investigations.’’.

13 SEC. 203. INTERSTATE TRANSPORTATION OF FIREARMS.

14 Section 922(a)(3) of title 18, United States Code, is

15 amended to read as follows:

16 ‘‘(3)(A) for any person not licensed under sec17 tion 923 to transport a firearm from one State into

18 another State; but

19 ‘‘(B)(i) subparagraph (A) shall not preclude

20 any person who lawfully acquires a firearm by be21 quest or intestate succession in a State other than

22 the person’s State of residence from transporting the

23 firearm into or receiving the firearm in the person’s

24 State of residence, if it is lawful for the person to

25 possess the firearm in the person’s State of resi26 dence; and
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1 ‘‘(ii) subparagraph (A) shall not apply to—

2 ‘‘(I) the transportation or receipt of any

3 firearm obtained in conformity with subsection

4 (b)(3);

5 ‘‘(II) the transportation of any firearm ac6 quired in any State before the effective date of

7 this chapter;

8 ‘‘(III) the transportation of any firearm in

9 accordance with section 926A; and

10 ‘‘(IV) the transportation of any firearm,

11 under contract or agreement with a person li12 censed under section 923, by a person who

13 ships or transports goods in the ordinary course

14 of business;’’.

15 SEC. 204. GUN RUNNING.

16 (a) PROHIBITIONS.—Section 922 of title 18, United

17 States Code, as amended by section 102, is amended by

18 adding at the end the following new subsection:

19 ‘‘(aa) It shall be unlawful for a person not licensed

20 under section 923 to receive a firearm with the intent to

21 transfer the firearm for profit.’’.

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

23 States Code, is amended by adding at the end the follow24 ing new paragraph:
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1 ‘‘(6)(A) Except as provided in subparagraph (B), a

2 person who violates section 922(aa) shall be fined under

3 this title, imprisoned not less than 6 months and not more

4 than 3 years, or both.

5 ‘‘(B) A person who violates section 922(aa) with re6 spect to 5 or more firearms during a 30-day period shall

7 be fined under this title, imprisoned not less than 3 years,

8 or both.’’.

9 SEC. 205. HANDGUN BARREL REGISTRATION.

10 Section 923(i) of title 18, United States Code, is

11 amended—

12 (1) by inserting ‘‘(1)’’ after ‘‘(i)’’; and

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

14 ‘‘(2) Each licensed manufacturer shall, in accordance

15 with regulations prescribed by the Secretary—

16 ‘‘(A) maintain records of the ballistics of hand17 gun barrels made by the licensed manufacturer and

18 of the serial numbers of such barrels; and

19 ‘‘(B) make such records available to the Sec20 retary.’’.

21 SEC. 206. NATIONAL FIREARMS TRACING CENTER.

22 (a) ESTABLISHMENT.—The Secretary of the Treas23 ury shall establish in the Bureau of Alcohol, Tobacco, and

24 Firearms a National Firearms Tracing Center, which shall
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1 be operated for the purpose of tracing the chain of posses2 sion of firearms and ammunition used in crimes.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—For the

4 establishment and operation of the National Firearms

5 Tracing Center there are authorized to be appropriated

6 to the Secretary of the Treasury $20,000,000 for each of

7 fiscal years 1995, 1996, and 1997.

8 TITLE III—DEALER

9 RESPONSIBILITY

10 SEC. 301. COMPLIANCE WITH STATE AND LOCAL FIREARMS

11 LICENSING LAWS AS CONDITION TO ISSU12 ANCE OF FEDERAL FIREARMS LICENSE.

13 Section 923(d)(1) of title 18, United States Code, is

14 amended—

15 (1) by striking ‘‘and’’ at the end of subpara16 graph (E);

17 (2) by striking the period at the end of sub18 paragraph (F) and inserting ‘‘; and’’; and

19 (3) by adding at the end the following new sub20 paragraph:

21 ‘‘(G) in the case of an application for a license

22 to engage in the business of dealing in firearms—

23 ‘‘(i) the applicant has complied with all re24 quirements imposed on persons desiring to en25 gage in such a business by the State and politi-
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1 cal subdivision of the State in which the appli2 cant conducts or intends to conduct such busi3 ness;

4 ‘‘(ii) the business to be conducted pursuant

5 to the license is not prohibited by the law of the

6 State or locality in which the business premises

7 is located; and

8 ‘‘(iii) the application includes a written

9 statement that—

10 ‘‘(I) is signed by the chief of police of

11 the locality, or the sheriff of the county, in

12 which the applicant conducts or intends to

13 conduct such business, the head of the

14 State police of such State, or any official

15 designated by the Secretary; and

16 ‘‘(II) certifies that the information

17 available to the signer of the statement

18 does not indicate that the applicant is in19 eligible to obtain such a license under the

20 law of such State and locality.’’.

21 SEC. 302. BACKGROUND INVESTIGATION OF LICENSEES.

22 (a) IN GENERAL.—Section 923(d)(1)(B) of title 18,

23 United States Code, is amended—

24 (1) by inserting ‘‘after a thorough investigation

25 of’’ before ‘‘the applicant’’; and
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1 (2) by striking ‘‘association)’’ and inserting

2 ‘‘association), which investigation shall include

3 checking the applicant’s fingerprints against all ap4 propriate compilations of criminal records, the Sec5 retary determines that the applicant’’.

6 (b) INSPECTION OF APPLICANT’S PREMISES.—Sec7 tion 923(d)(1) of title 18, United States Code, as amended

8 by section 301, is amended—

9 (1) by striking ‘‘and’’ at the end of subpara10 graph (F);

11 (2) by striking the period at the end of sub12 paragraph (G) and inserting ‘‘; and’’; and

13 (3) by adding at the end the following new sub14 paragraph:

15 ‘‘(H) the Secretary has conducted an inspection

16 of the place at which the applicant is to conduct

17 business pursuant to the license.’’.

18 (c) BUSINESS PREMISES REQUIRED OF APPLI19 CANT.—Section 923(d)(1)(E) of title 18, United States

20 Code, is amended by inserting ‘‘business’’ after ‘‘(i)’’.

21 (d) EXTENSION OF PERIOD FOR APPROVING OR DE22 NYING APPLICATION.—Section 923(d)(3) of title 18,

23 United States Code, as redesignated by section 103(b), is

24 amended by striking ‘‘60-day’’ and inserting ‘‘180-day’’.
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1 SEC. 303. INCREASED LICENSE FEES FOR DEALERS.

2 Section 923(a)(3) of title 18, United States Code, is

3 amended to read as follows:

4 ‘‘(3) If the applicant—

5 ‘‘(A) is a dealer in destructive devices or ammu6 nition for destructive devices, a fee of $2,000 per

7 year; or

8 ‘‘(B) is a dealer not described in subparagraph

9 (A), a fee of $3,000 for 3 years.’’.

10 SEC. 304. INCREASED PENALTIES FOR MAKING KNOWINGLY

11 FALSE STATEMENTS IN CONNECTION WITH

12 FIREARMS.

13 Section 924(a)(3) of title 18, United States Code, is

14 amended by striking ‘‘one year’’ and inserting ‘‘10 years’’.

15 SEC. 305. DEALER INSPECTIONS.

16 Section 923(g)(1)(B) of title 18, United States Code,

17 is amended by striking all after ‘‘warrant—’’ and inserting

18 ‘‘ as necessary to ensure compliance with this chapter, to

19 further a criminal investigation, or to determine the dis20 position of one or more particular firearms.’’.

21 SEC. 306. GUN SHOWS.

22 (a) PROHIBITION OF CERTAIN HANDGUN TRANS23 FERS AT GUN SHOWS.—Section 922(b) of title 18, United

24 States Code, is amended—

25 (1) by striking ‘‘and’’ at the end of paragraph

26 (4);
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1 (2) by striking the period at the end of para2 graph (5) and inserting ‘‘; or’’; and

3 (3) by inserting after paragraph (5) the follow4 ing new paragraph:

5 ‘‘(6) any handgun to any person who is not a

6 licensed importer, licensed manufacturer, or licensed

7 dealer, at any place other than the location specified

8 on the license of the transferor.’’.

9 (b) TECHNICAL AMENDMENTS.—Section 923 of title

10 18, United States Code, is amended—

11 (1) in the first sentence of subsection (j), by in12 serting ‘‘, consistent with section 922(b)(6),’’ before

13 ‘‘temporarily’’; and

14 (2) by redesignating subsection (1), as added by

15 section 110307 of the Violent Crime Control and

16 Law Enforcement Act of 1994, as subsection (l).

17 SEC. 307. ACQUISITION AND DISPOSITION RECORDS OF

18 DEALERS SUSPECTED OF SERVING AS

19 SOURCES OF ILLEGAL FIREARMS.

20 Section 923(g)(1) of title 18, United States Code, is

21 amended by adding at the end the following new subpara22 graph:

23 ‘‘(E) If the Secretary, during a 1-year period, has

24 identified a licensed dealer as the source of 3 or more fire25 arms that have been recovered by law enforcement officials
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1 in criminal investigations, or if the Secretary has reason

2 to believe that a licensed dealer is a source of firearms

3 used in crimes, the Secretary may require the dealer to

4 produce any or all records maintained by the dealer of ac5 quisition and disposition of firearms, and may continue

6 to impose that requirement until the Secretary determines

7 that the dealer is not a source of firearms used in

8 crimes.’’.

9 SEC. 308. DEALER RESPONSIBILITY FOR SALES TO FELONS

10 OR MINORS.

11 (a) IN GENERAL.—Chapter 44 of title 18, United

12 States Code, is amended by inserting after section 922 the

13 following new section:

14 ‘‘§ 922A. Tort liability of licensed dealers

15 ‘‘(a)(1) Any person suffering physical injury arising

16 from a crime of violence (as defined in section 924(c)(3))

17 in which a qualified firearm is used may bring an action

18 in any United States district court against any qualified

19 licensed dealer for damages and such other relief as the

20 court determines to be appropriate.

21 ‘‘(2) As used in paragraph (1), the term ‘qualified

22 firearm’ means a firearm that—

23 ‘‘(A) has been transferred by a licensed dealer

24 to a person who—
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1 ‘‘(i) has been convicted in any court of a

2 crime punishable by imprisonment for a term

3 exceeding 1 year; or

4 ‘‘(ii) has not attained the age of 18 years;

5 and

6 ‘‘(B) is subsequently used by any person in a

7 crime of violence (as defined in section 924(c)(3)).

8 ‘‘(3) As used in paragraph (1), the term ‘qualified

9 licensed dealer’ means, with respect to a firearm, a li10 censed dealer who transfers the firearm to a person, know11 ing or having reasonable cause to believe that the person

12 is prohibited by Federal or State law from receiving the

13 firearm.

14 ‘‘(b)(1) The defendant in an action brought under

15 subsection (a) shall be held liable in tort, without regard

16 to fault or proof of defect, for all direct and consequential

17 damages arising from the crime of violence referred to

18 therein, except as provided in paragraph (2). The court,

19 in its discretion, may award punitive damages.

20 ‘‘(2) There shall be no liability under subsection (a)

21 if it is established by a preponderance of the evidence that

22 the plaintiff suffered the physical injury while committing

23 the crime of violence referred to therein.’’.

24 (b) TECHNICAL AMENDMENT.—The chapter analysis

25 for chapter 44 of title 18, United States Code, is amended
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1 by inserting after the item relating to section 922 the fol2 lowing new item:

‘‘Sec. 922A. Tort liability of licensed dealers.’’.

3 SEC. 309. INTERSTATE SHIPMENT OF FIREARMS.

4 Section 922(e) of title 18, United States Code, is

5 amended—

6 (1) in the first sentence by striking ‘‘It shall

7 be’’ and inserting the following:

8 ‘‘(2) It shall be’’;

9 (2) in the second sentence by striking ‘‘No com10 mon or contract carrier’’ and inserting the following:

11 ‘‘(3) No common or contract carrier’’;

12 (3) by inserting ‘‘(1) Any common or contract

13 carrier that undertakes to transport or deliver fire14 arms in interstate or foreign commerce shall, not

15 less frequently than monthly, obtain from the Sec16 retary a list of licensed dealers. The Secretary shall

17 provide to any common or contract carrier, upon re18 quest and without charge, a list of licensed dealers

19 and their license numbers.’’ after ‘‘(e)’’;

20 (4) in paragraph (2), as designated by para21 graph (1)—

22 (A) by striking ‘‘, to persons other than li23 censed importers, licensed manufacturers, li24 censed dealers, or licensed collectors,’’; and
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1 (B) by striking ‘‘ammunition’’ the first

2 place it appears and all that follows through

3 ‘‘passenger’’ and inserting ‘‘ammunition—

4 ‘‘(A) without providing written notice to the

5 carrier that the firearm or ammunition is being

6 transported or shipped; and

7 ‘‘(B) if the intended recipient of the package or

8 container is a licensed dealer, providing written no9 tice of the dealer’s license number,

10 except that any passenger’’; and

11 (5) by adding at the end the following new

12 paragraph:

13 ‘‘(4) A common or contract carrier shall be consid14 ered to have cause to believe that a shipment of firearms

15 would violate this chapter if it is alleged to the carrier

16 that the intended recipient of the shipment is a licensed

17 dealer and the carrier fails to verify that the intended re18 cipient is a licensed dealer.’’.

19 TITLE IV—THEFT OF FIREARMS

20 SEC. 401. DEALER REPORTING OF FIREARM THEFTS.

21 Section 923(g)(6) of title 18, United States Code, is

22 amended to read as follows:

23 ‘‘(6) Each licensee shall report to the Secretary, and

24 to the chief law enforcement officer (as defined in section

25 922(s)(8)) of the locality in which the premises specified
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1 on the license is located, any theft of firearms from the

2 licensee, as soon as practicable after discovery of the theft,

3 but in no event later than the close of business on the

4 first business day after the day on which the licensee dis5 covers the theft.’’.

6 SEC. 402. THEFT OF FIREARMS OR EXPLOSIVES.

7 (a) FIREARMS.—Section 924 of title 18, United

8 States Code, is amended by adding at the end the follow9 ing new subsection:

10 ‘‘(o) A person who steals any firearm that is moving

11 as, or is a part of, or that has moved in, interstate or

12 foreign commerce shall be fined under this title, impris13 oned not less than 2 nor more than 10 years, or both.’’.

14 (b) EXPLOSIVES.—Section 844 of title 18, United

15 States Code, is amended by adding at the end the follow16 ing new subsection:

17 ‘‘(n) A person who steals any explosive materials that

18 are moving as, or are a part of, or that have moved in,

19 interstate or foreign commerce shall be fined under this

20 title, imprisoned not less than 2 nor more than 10 years,

21 or both.’’.
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1 SEC. 403. THEFT OF FIREARMS OR EXPLOSIVES FROM LI2 CENSEE.

3 (a) FIREARMS.—Section 924 of title 18, United

4 States Code, as amended by section 402(a), is amended

5 by adding at the end the following new subsection:

6 ‘‘(p) A person who steals any firearm from a licensed

7 importer, licensed manufacturer, licensed dealer, or li8 censed collector shall be fined under this title, imprisoned

9 not more than 10 years, or both.’’.

10 (b) EXPLOSIVES.—Section 844 of title 18, United

11 States Code, as amended by section 402(b), is amended

12 by adding at the end the following new subsection:

13 ‘‘(o) A person who steals explosive materials from a

14 licensed importer, licensed manufacturer, licensed dealer,

15 or any permittee shall be fined under this title, imprisoned

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

17 SEC. 404. SECURITY OF LICENSED FIREARMS DEALERS.

18 (a) REQUIREMENT.—Section 923 of title 18, United

19 States Code, is amended by adding at the end the follow20 ing new subsection:

21 ‘‘(m) A licensed dealer shall provide for security

22 against theft of firearms from the dealer’s business prem23 ises, in accordance with regulations prescribed by the Sec24 retary.’’.

25 (b) DENIAL OF DEALER’S LICENSE.—Section

26 923(d)(1)(G) of title 18, United States Code, as added
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1 by section 301(3), and amended by section 302(b)(2), of

2 this Act, is amended—

3 (1) by striking ‘‘and’’ at the end of clause (ii);

4 (2) by striking the period at the end of clause

5 (iii) and inserting ‘‘; and’’; and

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

7 clause:

8 ‘‘(iv) the applicant has provided for secu9 rity against theft of firearms from the place at

10 which business is to be conducted pursuant to

11 the license, in accordance with regulations pre12 scribed under subsection (m).’’.

13 TITLE V—ARMED FELONS

14 SEC. 501. DENIAL OF ADMINISTRATIVE RELIEF FROM CER15 TAIN FIREARMS PROHIBITIONS; INADMIS16 SIBILITY OF ADDITIONAL EVIDENCE IN JUDI17 CIAL REVIEW OF DENIALS OF SUCH ADMINIS18 TRATIVE RELIEF FOR OTHER PERSONS.

19 (a) IN GENERAL.—Section 925(c) of title 18, United

20 States Code, is amended—

21 (1) in the first sentence—

22 (A) by inserting ‘‘(1)’’ before ‘‘A person’’;

23 (B) by inserting ‘‘(as defined in section

24 921(a)(1) (other than an individual))’’ before

25 ‘‘who is prohibited’’; and
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1 (C) by striking ‘‘his’’ and inserting ‘‘the

2 Secretary’s’’;

3 (2) by striking the second and third sentences;

4 (3) in the fourth sentence—

5 (A) by striking ‘‘A licensed importer’’ and

6 inserting the following:

7 ‘‘(2) A licensed importer’’;

8 (B) by inserting ‘‘person (as defined in

9 section 921(a)(1) (other than an individual))

10 who is a’’ before ‘‘licensed importer’’; and

11 (C) by striking ‘‘his’’ and inserting ‘‘the

12 person’s’’; and

13 (4) by amending the fifth sentence to read as

14 follows:

15 ‘‘(3) When the Secretary grants relief to a person

16 under this section, the Secretary shall promptly publish

17 in the Federal Register a notice of the action, which shall

18 include—

19 ‘‘(A) the name of the person;

20 ‘‘(B) the disability with respect to which the re21 lief is granted, and, if the disability was imposed by

22 reason of a criminal conviction of the person, the

23 crime for which, and the court in which, the person

24 was convicted; and

25 ‘‘(C) the reasons for the action.’’.
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1 (b) APPLICABILITY.—The amendments made by sub2 section (a) shall apply to—

3 (1) applications for administrative relief, and

4 actions for judicial review, that are pending on or

5 after the date of enactment of this Act; and

6 (2) applications for administrative relief filed,

7 and actions for judicial review brought, on or after

8 the date of enactment of this Act.

9 SEC. 502. CLARIFICATION OF DEFINITION OF CONVICTION.

10 Section 921(a)(20) of title 18, United States Code,

11 is amended—

12 (1) in the first sentence—

13 (A) by inserting ‘‘(A)’’ after ‘‘(20)’’; and

14 (B) by redesignating subparagraphs (A)

15 and (B) as clauses (i) and (ii), respectively;

16 (2) in the second sentence by striking ‘‘What’’

17 and inserting the following:

18 ‘‘(B) What’’; and

19 (3) by striking the third sentence and inserting

20 the following:

21 ‘‘(C) A State conviction that has been expunged or

22 set aside, or for which a person has been pardoned or has

23 had civil rights restored, shall not be considered to be a

24 conviction for purposes of this chapter if—
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1 ‘‘(i) the expungement, setting aside, pardon, or

2 restoration of civil rights applies to a named person

3 and expressly authorizes the person to ship, trans4 port, receive, and possess firearms; and

5 ‘‘(ii) the State authority granting the

6 expungement, setting aside, pardon, or restoration of

7 civil rights has expressly determined that the cir8 cumstances regarding the conviction, and the per9 son’s record and reputation, are such that—

10 ‘‘(I) the applicant will not be likely to act

11 in a manner that is dangerous to public safety;

12 and

13 ‘‘(II) the granting of the relief would not

14 be contrary to the public interest.

15 ‘‘(D) Subparagraph (C) shall not apply to a convic16 tion for a violent felony (as defined in section

17 924(e)(2)(B)) or a serious drug offense (as defined in sec18 tion 924(e)(2)(A)).’’.

19 SEC. 503. ENHANCED PENALTY FOR USE OF A SEMIAUTO20 MATIC FIREARM DURING A CRIME OF VIO21 LENCE OR A DRUG TRAFFICKING CRIME.

22 (a) IN GENERAL.—Section 924(c)(1) of title 18,

23 United States Code, is amended by striking ‘‘and if the

24 firearm is a short-barreled rifle, short-barreled shotgun’’
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1 and inserting ‘‘if the firearm is a semiautomatic firearm,

2 a short-barreled rifle, or a short-barreled shotgun,’’.

3 (b) SEMIAUTOMATIC FIREARM.—Section 921(a) of

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

5 101(b), is amended by adding at the end the following new

6 paragraph:

7 ‘‘(34) The term ‘semiautomatic firearm’ means a re8 peating firearm that—

9 ‘‘(A) utilizes a portion of the energy of a firing

10 cartridge to extract the fired cartridge case and

11 chamber the next round; and

12 ‘‘(B) requires a separate pull of the trigger to

13 fire each cartridge.’’.

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

15 TRAFFICKING.

16 Section 924(j) of title 18, United States Code, is

17 amended to read as follows:

18 ‘‘(j)(1) A person who, with the intent to engage in

19 or to promote conduct described in paragraph (2), violates

20 any provision of this chapter or attempts to do so shall

21 be imprisoned not more than 10 years, fined under this

22 title, or both.

23 ‘‘(2) Conduct is described in this paragraph if it is

24 conduct that—
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1 ‘‘(A) is punishable under the Controlled Sub2 stances Act (21 U.S.C. 801 et seq.), the Controlled

3 Substances Import and Export Act (21 U.S.C. 951

4 et seq.), or the Maritime Drug Law Enforcement

5 Act (46 U.S.C. App. 1901 et seq.);

6 ‘‘(B) violates any law of a State relating to any

7 controlled substance (as defined in section 102 of

8 the Controlled Substances Act, 21 U.S.C. 802); or

9 ‘‘(C) constitutes a crime of violence (as defined

10 in subsection (c)(3)).’’.

11 SEC. 505. MANDATORY PENALTIES FOR FIREARMS POSSES12 SION BY VIOLENT FELONS AND SERIOUS

13 DRUG OFFENDERS.

14 (a) ONE PRIOR CONVICTION.—Section 924(a)(2) of

15 title 18, United States Code, is amended by inserting

16 ‘‘, and if the violation is of section 922(g)(1) by a person

17 who has a previous conviction for a violent felony or a

18 serious drug offense (as defined in subsection (e)(2) (A)

19 and (B)), a sentence imposed under this paragraph shall

20 include an additional term of imprisonment of not less

21 than 5 years’’ before the period.

22 (b) TWO PRIOR CONVICTIONS.—Section 924 of title

23 18, United States Code, is amended by adding at the end

24 the following new subsection:
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1 ‘‘(q)(1) Notwithstanding subsection (a)(2), a person

2 who violates section 922(g) and has 2 previous convictions

3 by any court for a violent felony (as defined in subsection

4 (e)(2)(B)) or a serious drug offense (as defined in sub5 section (e)(2)(A)), for which a term of imprisonment ex6 ceeding 1 year has been imposed, committed on occasions

7 different from one another shall be fined under this title,

8 imprisoned not less than 10 nor more than 20 years, or

9 both.

10 ‘‘(2) Notwithstanding any other law, the court shall

11 not suspend the sentence of, or grant a probationary sen12 tence to, a person described in paragraph (1) with respect

13 to the conviction under section 922(g).’’.

14 (c) TECHNICAL CORRECTION.—Section 924 of title

15 18, United States Code, is amended by redesignating

16 paragraph (5), as added by section 110201(b)(2) of the

17 Violent Crime Control and Law Enforcement Act of 1994,

18 as paragraph (6).
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1 TITLE VI—VIOLENT

2 MISDEMEANANTS

3 SEC. 601. PROHIBITION OF DISPOSAL OF FIREARMS OR AM4 MUNITION TO, OR RECEIPT OF FIREARMS OR

5 AMMUNITION BY, PERSONS CONVICTED OF A

6 VIOLENT CRIME OR SUBJECT TO A PROTEC7 TION ORDER.

8 (a) PROHIBITION OF DISPOSAL.—Section 922(d) of

9 title 18, United States Code, is amended—

10 (1) by striking ‘‘or’’ at the end of paragraph

11 (7);

12 (2) by striking the period at the end of para13 graph (8) and inserting a semicolon; and

14 (3) by inserting after paragraph (8) the follow15 ing new paragraphs:

16 ‘‘(9) has been convicted in any court of an of17 fense that—

18 ‘‘(A) is punishable by imprisonment for

19 more than 6 months; and

20 ‘‘(B)(i) has, as an element, the use, at21 tempted use, or threatened use of physical force

22 against another person; or

23 ‘‘(ii) by its nature, involves a substantial

24 risk that physical force against a person de-
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1 scribed in subparagraph (A) may be used in the

2 course of committing the offense; or

3 ‘‘(10) is required, pursuant to an order issued

4 by a court in a case involving the use, attempted

5 use, or threatened use of physical force against an6 other person, to refrain from contact with or main7 tain a minimum distance from that person.’’.

8 (b) PROHIBITION OF RECEIPT.—Section 922(g) of

9 title 18, United States Code, is amended—

10 (1) by striking ‘‘or’’ at the end of paragraph

11 (7);

12 (2) by striking the comma at the end of para13 graph (8) and inserting a semicolon; and

14 (3) by inserting immediately after paragraph

15 (8) the following new paragraphs:

16 ‘‘(9) who has been convicted in any court of an

17 offense that—

18 ‘‘(A) is punishable by imprisonment for

19 more than 6 months; and

20 ‘‘(B)(i) has, as an element, the use, at21 tempted use, or threatened use of physical force

22 against another person; or

23 ‘‘(ii) by its nature, involves a substantial

24 risk that physical force against a person de-
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1 scribed in subparagraph (A) may be used in the

2 course of committing the offense; or

3 ‘‘(10) who is required, pursuant to an order is4 sued by a court in a case involving the use, at5 tempted use, or threatened use of physical force

6 against another person, to refrain from contact with

7 or maintain a minimum distance from that person,’’.

8 TITLE VII—AMMUNITION

9 SEC. 701. FEDERAL LICENSE TO DEAL IN AMMUNITION.

10 (a) DEFINITIONS.—

11 (1) DEALER.—Section 921(a)(11)(A) of title

12 18, United States Code, is amended by inserting ‘‘or

13 ammunition’’ after ‘‘firearms’’.

14 (2) COLLECTOR.—Section 921(a)(13) of title

15 18, United States Code, is amended by inserting ‘‘or

16 ammunition’’ after ‘‘firearms’’.

17 (3) ENGAGED IN THE BUSINESS.—Section

18 921(a)(21) of title 18, United States Code, is

19 amended—

20 (A) by redesignating subparagraphs (E)

21 and (F) as subparagraphs (F) and (G), respec22 tively; and

23 (B) by inserting after subparagraph (D)

24 the following new subparagraph:
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1 ‘‘(E) as applied to a dealer in ammunition, a

2 person who devotes time, attention, and labor to en3 gaging in such activity as a regular course of trade

4 or business with the principal objective of livelihood

5 and profit through the repetitive purchase and resale

6 of ammunition, but such term does not include a

7 person who makes occasional sales, exchanges, or

8 purchases of ammunition for the enhancement of a

9 personal collection or for a hobby, or who sells all or

10 part of the person’s personal collection of ammuni11 tion;’’.

12 (b) PROHIBITIONS.—Section 922 of title 18, United

13 States Code, is amended—

14 (1) in subsection (a)—

15 (A) in paragraph (1) (as amended by sec16 tion 103(a))—

17 (i) by amending subparagraph (A) to

18 read as follows:

19 ‘‘(A) except a licensed importer, licensed manu20 facturer, or licensed dealer, to engage in the busi21 ness of importing, manufacturing, or dealing in fire22 arms or ammunition, or in the course of such busi23 ness to ship, transport, or receive any firearm or

24 ammunition in interstate or foreign commerce; or’’;
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1 (ii) by striking ‘‘; or’’ at the end of

2 subparagraph (B) and inserting a period;

3 and

4 (iii) by striking subparagraph (C);

5 (B) in paragraphs (2), (3), and (5) by in6 serting ‘‘or ammunition’’ after ‘‘firearm’’ each

7 place it appears;

8 (2) in subsection (b)(3)—

9 (A) by inserting ‘‘or ammunition’’ after

10 ‘‘firearm’’ each place it appears; and

11 (B) by inserting ‘‘, or ammunition for a

12 rifle or shotgun,’’ after ‘‘shotgun’’;

13 (3) in subsection (c)—

14 (A) by inserting ‘‘or ammunition’’ after

15 ‘‘firearm’’ the first, third, fourth, fifth, sixth,

16 and seventh places it appears;

17 (B) by inserting ‘‘or any ammunition other

18 than for a shotgun or rifle,’’ after ‘‘rifle,’’ the

19 first place it appears; and

20 (C) by inserting ‘‘or ammunition for a

21 shotgun or rifle,’’ after ‘‘rifle,’’ the second place

22 it appears;

23 (4) in subsection (e) (as amended by section

24 309) by inserting ‘‘or ammunition’’ after ‘‘firearms’’

25 each place it appears; and
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1 (5) in subsection (q)(2)—

2 (A) in subparagraph (A) by inserting ‘‘or

3 ammunition’’ after ‘‘firearm’’; and

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

5 subparagraph:

6 ‘‘(C) Subparagraph (A) shall not apply to the posses7 sion of ammunition—

8 ‘‘(i) on private property not part of school

9 grounds;

10 ‘‘(ii) if the individual possessing the ammuni11 tion is licensed to do so by the State in which the

12 school zone is located or a political subdivision of the

13 State, and the law of the State requires that, before

14 an individual obtain such a license, the law enforce15 ment authorities of the State or political subdivision

16 verify that the individual is qualified under law to

17 receive the license;

18 ‘‘(iii) that is in a locked container;

19 ‘‘(iv) by an individual for use in a program ap20 proved by a school in the school zone;

21 ‘‘(v) by an individual in accordance with a con22 tract entered into between a school in the school

23 zone and the individual or an employer of the indi24 vidual;
44

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1 ‘‘(vi) by a law enforcement officer acting in the

2 officer’s official capacity; or

3 ‘‘(vii) that is possessed by an individual while

4 traversing school premises for the purpose of gaining

5 access to public or private lands open to hunting, if

6 the entry on school premises is authorized by school

7 authorities.’’.

8 (c) LICENSING.—Section 923 of title 18, United

9 States Code, is amended—

10 (1) in the first sentence of subsection (a) by

11 striking ‘‘importing or manufacturing’’;

12 (2) in subsection (g)—

13 (A) in paragraph (1)—

14 (i) in subparagraph (A)—

15 (I) by inserting ‘‘and ammuni16 tion’’ after ‘‘firearms’’ the first place

17 it appears;

18 (II) by striking ‘‘firearms’’ the

19 second place it appears; and

20 (III) by striking ‘‘or any licensed

21 importer or manufacturer of ammuni22 tion,’’; and

23 (ii) in each of subparagraphs (B)(iii)

24 and (C)(ii) by inserting ‘‘or rounds of am25 munition’’ after ‘‘firearms’’; and
45

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1 (B) in paragraph (2)—

2 (i) by inserting ‘‘or ammunition’’ after

3 ‘‘firearm’’; and

4 (ii) by inserting ‘‘or ammunition’’

5 after ‘‘firearms’’;

6 (C) in paragraph (8), as added by section

7 201(a), by inserting ‘‘or ammunition’’ after

8 ‘‘firearm’’; and

9 (D) in paragraph (9), as added by section

10 401, by inserting ‘‘or ammunition’’ after ‘‘fire11 arms’’;

12 (3) in subsection (d)(1)(G)(iv), as added by sec13 tion 404(b), by inserting ‘‘or rounds of ammunition’’

14 after ‘‘firearms’’;

15 (4) in subsection (j)—

16 (A) by inserting ‘‘or ammunition’’ after

17 ‘‘firearms’’ the second place it appears; and

18 (B) by inserting ‘‘and ammunition’’ after

19 ‘‘firearms’’ the third place it appears; and

20 (5) in subsection (m), as added by section

21 404(a), by inserting ‘‘or ammunition’’ after ‘‘fire22 arms’’.

23 (d) PENALTIES.—Section 924 of title 18, United

24 States Code, is amended—
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1 (1) in subsection (g) by inserting ‘‘or ammuni2 tion’’ after ‘‘firearm’’;

3 (2) in subsection (h) by inserting ‘‘or ammuni4 tion’’ after ‘‘firearm’’ each place it appears;

5 (3) in subsection (o), as added by section

6 402(a), by inserting ‘‘or ammunition’’ after ‘‘fire7 arm’’; and

8 (4) in subsection (p), as added by section

9 403(a), by inserting ‘‘or ammunition’’ after ‘‘fire10 arm’’.

11 (e) INTERSTATE TRANSPORTATION.—Section 926A

12 of title 18, United States Code, is amended—

13 (1) in the section heading by inserting ‘‘and

14 ammunition’’ after ‘‘firearms’’; and

15 (2) in the text by inserting ‘‘or ammunition’’

16 after ‘‘firearm’’ in the first, second, third, and

17 fourth places it appears.

18 (f) POSSESSION IN FEDERAL FACILITIES.—Section

19 930 of title 18, United States Code, is amended—

20 (1) in the section heading by inserting ‘‘, am21 munition,’’ after ‘‘firearms’’;

22 (2) by inserting ‘‘, ammunition,’’ after ‘‘fire23 arm’’ each place it appears; and

24 (3) in subsection (d)(3) by inserting ‘‘, ammu25 nition,’’ after ‘‘firearms’’.
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1 (g) TECHNICAL AMENDMENTS.—The chapter analy2 sis for chapter 44 of title 18, United States Code, is

3 amended—

4 (1) in the item relating to section 926A by in5 serting ‘‘and ammunition’’ after ‘‘firearms’’; and

6 (2) in the item relating to section 930 by in7 serting ‘‘, ammunition,’’ after ‘‘firearms’’.

8 SEC. 702. REGULATION OF THE MANUFACTURE, IMPORTA9 TION, AND SALE OF CERTAIN PARTICULARLY

10 DANGEROUS BULLETS.

11 Section 921(a)(17) of title 18, United States Code,

12 is amended by striking subparagraph (B) and inserting

13 the following:

14 ‘‘(B) The term ‘armor piercing ammunition’—

15 ‘‘(i) means—

16 ‘‘(I) a projectile or projectile core that may

17 be used in a handgun and that is constructed

18 entirely (excluding the presence of traces of

19 other substances) from 1 or a combination of

20 tungsten alloys, steel, iron, brass, bronze, beryl21 lium copper, or depleted uranium;

22 ‘‘(II) a jacketed, hollow point projectile

23 that may be used in a handgun and the jacket

24 of which is designed to produce, upon impact,

25 evenly spaced sharp or barb-like projections
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1 that extend beyond the diameter of the unfired

2 projectile; or

3 ‘‘(III) a jacketed projectile that may be

4 used in a handgun and the jacket of which has

5 a weight of more than 25 percent of the total

6 weight of the projectile; but

7 ‘‘(ii) does not include—

8 ‘‘(I) shotgun shot required by Federal or

9 State environmental or game regulations for

10 hunting purposes;

11 ‘‘(II) a frangible projectile designed for

12 target shooting;

13 ‘‘(III) a projectile that the Secretary finds

14 is primarily intended to be used for sporting

15 purposes; or

16 ‘‘(IV) any other projectile or projectile core

17 that the Secretary finds is intended to be used

18 for industrial purposes, including a charge used

19 in an oil or gas well perforating device.’’.

Æ

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