II

106TH CONGRESS

1ST SESSION S. 637

To amend title 18, United States Code, to regulate the transfer of firearms

over the Internet, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 16, 1999

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

to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to regulate the

transfer of firearms over the Internet, and for other

purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Internet Gun Traf5 ficking Act of 1999’’.

6 SEC. 2. REGULATION OF INTERNET FIREARMS TRANSFERS.

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

8 States Code, is amended by inserting after subsection (y)

9 the following:
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1 ‘‘(z) REGULATION OF INTERNET FIREARMS TRANS2 FERS.—

3 ‘‘(1) IN GENERAL.—It shall be unlawful for any

4 person to operate an Internet website, if a purpose

5 of the website is to offer 1 or more firearms for sale

6 or exchange, or is to otherwise facilitate the sale or

7 exchange of 1 or more firearms posted or listed on

8 the website, unless—

9 ‘‘(A) the person is licensed as a manufac10 turer, importer, or dealer under section 923;

11 ‘‘(B) the person notifies the Secretary of

12 the Internet address of the website, and any

13 other information concerning the website as the

14 Secretary may require by regulation; and

15 ‘‘(C) if any firearm posted or listed for sale

16 or exchange on the website is not from the busi17 ness inventory or personal collection of that

18 person—

19 ‘‘(i) the person, as a term or condition

20 for posting or listing the firearm for sale

21 or exchange on the website on behalf of a

22 prospective transferor, requires that, in the

23 event of any agreement to sell or exchange

24 the firearm pursuant to that posting or

25 listing, the firearm be transferred to that
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1 person for disposition in accordance with

2 clause (iii);

3 ‘‘(ii) the person prohibits the posting

4 or listing on the website of any information

5 (including any name, nickname, telephone

6 number, address, or electronic mail ad7 dress) that is reasonably likely to enable

8 the prospective transferor and prospective

9 transferee to contact one another directly

10 prior to the shipment of the firearm to

11 that person under clause (i), except that

12 this clause does not include any informa13 tion relating solely to the manufacturer,

14 importer, model, caliber, gauge, physical

15 attributes, operation, performance, or price

16 of the firearm; and

17 ‘‘(iii) with respect to each firearm re18 ceived from a prospective transferor under

19 clause (i), the person—

20 ‘‘(I) enters such information

21 about the firearm as the Secretary

22 may require by regulation into a sepa23 rate bound record;

24 ‘‘(II) in transferring the firearm

25 to any transferee, complies with the
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1 requirements of this chapter as if the

2 firearm were being transferred from

3 the business inventory of that person;

4 and

5 ‘‘(III) if the prospective trans6 feror does not provide the person with

7 a certified copy of a valid firearms li8 cense issued to the prospective trans9 feror under this chapter, submits to

10 the Secretary a report of the transfer

11 or other disposition of the firearm on

12 a form specified by the Secretary,

13 which report shall not include the

14 name of, or any other identifying in15 formation relating to, the transferor.

16 ‘‘(2) TRANSFERS BY PERSONS OTHER THAN LI17 CENSEES.—It shall be unlawful for any person who

18 is not licensed under section 923 to transfer a fire19 arm pursuant to a posting or listing of the firearm

20 for sale or exchange on an Internet website de21 scribed in paragraph (1) to any person other than

22 the operator of the website.’’.

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

24 States Code, is amended by adding at the end the fol25 lowing:
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1 ‘‘(7) Whoever willfully violates section 922(z)(2)

2 shall be fined under this title, imprisoned not more

3 than 2 years, or both.’’.

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