II

106TH CONGRESS

1ST SESSION S. 319

To provide for childproof handguns, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 28, 1999

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

referred to the Committee on the Judiciary

A BILL

To provide for childproof handguns, 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 ‘‘Childproof Handgun

5 Act of 1999’’.

6 SEC. 2. HANDGUN SAFETY.

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

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

10 ‘‘(35)(A) The term ‘childproof’ means, with re11 spect to a firearm that is a handgun, a handgun
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1 that incorporates within its design and as part of its

2 original manufacture technology that—

3 ‘‘(i) automatically limits the operational

4 use of the handgun;

5 ‘‘(ii) is not capable of being readily deacti6 vated; and

7 ‘‘(iii) ensures that the handgun may only

8 be fired by an authorized or recognized user.

9 ‘‘(B) The technology referred to in subpara10 graph (A) includes—

11 ‘‘(i) radio tagging;

12 ‘‘(ii) touch memory;

13 ‘‘(iii) remote control;

14 ‘‘(iv) fingerprint;

15 ‘‘(v) magnetic encoding; and

16 ‘‘(vi) other automatic user identification

17 systems that utilize biometrics, mechanical, or

18 electronic systems.

19 ‘‘(36) The term ‘locking device’ means—

20 ‘‘(A) a device that, if installed on a firearm

21 and secured by means of a key or a mechani22 cally, electronically, or electromechanically oper23 ated combination lock, prevents the firearm

24 from being discharged without first deactivating

25 or removing the device by means of a key or
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1 mechanically, electronically, or

2 electromechanically operated combination lock;

3 or

4 ‘‘(B) a locking mechanism incorporated

5 into the design of a firearm that prevents dis6 charge of the firearm by any person who does

7 not have access to the key or other device de8 signed to unlock the mechanism and thereby

9 allow discharge of the firearm.’’.

10 (b) UNLAWFUL ACTS.—Section 922 of title 18,

11 United States Code, is amended by inserting after sub12 section (y) the following:

13 ‘‘(z) CHILDPROOF HANDGUNS.—

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), beginning 3 years after the date of enact16 ment of the Childproof Handgun Act of 1999, it

17 shall be unlawful for any licensed manufacturer, li18 censed importer, or licensed dealer to sell, deliver, or

19 transfer any handgun to any person other than a li20 censed manufacturer, licensed importer, or licensed

21 dealer, unless the handgun is childproof.

22 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not

23 apply to—

24 ‘‘(A) the—
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1 ‘‘(i) manufacture for, transfer to, or

2 possession by, the United States or a State

3 or a department or agency of the United

4 States, or a State or a department, agency,

5 or political subdivision of a State, of a

6 handgun; or

7 ‘‘(ii) transfer to, or possession by, a

8 law enforcement officer employed by an en9 tity referred to in clause (i) of a handgun

10 for law enforcement purposes (whether on

11 or off-duty); or

12 ‘‘(B) the transfer to, or possession by, a

13 rail police officer employed by a rail carrier and

14 certified or commissioned as a police officer

15 under the laws of a State, of a handgun for

16 purposes of law enforcement (whether on or off17 duty).’’.

18 ‘‘(aa) LOCKING DEVICES AND WARNINGS.—

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), beginning 90 days after the date of enact21 ment of the Childproof Handgun Act of 1999, it

22 shall be unlawful for any licensed manufacturer, li23 censed importer, or licensed dealer to sell, deliver, or

24 transfer any handgun—
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1 ‘‘(A) to any person other than a licensed

2 manufacturer, licensed importer, or licensed

3 dealer, unless the transferee is provided with a

4 locking device for that handgun; or

5 ‘‘(B) to any person, unless the handgun is

6 accompanied by the following warning, which

7 shall appear in conspicuous and legible type in

8 capital letters, and which shall be printed on a

9 label affixed to the gun and on a separate sheet

10 of paper included within the packaging enclos11 ing the handgun:

12 ‘‘ ‘THE USE OF A LOCKING DEVICE OR

13 SAFETY LOCK IS ONLY ONE ASPECT OF

14 RESPONSIBLE FIREARM STORAGE.

15 FIREARMS SHOULD BE STORED UN16 LOADED AND LOCKED IN A LOCATION

17 THAT IS BOTH SEPARATE FROM THEIR

18 AMMUNITION AND INACCESSIBLE TO

19 CHILDREN.

20 ‘FAILURE TO PROPERLY LOCK AND

21 STORE YOUR FIREARM MAY RESULT IN

22 CIVIL OR CRIMINAL LIABILITY UNDER

23 STATE LAW. IN ADDITION, FEDERAL

24 LAW PROHIBITS THE POSSESSION OF A
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1 HANDGUN BY A MINOR IN MOST CIR2 CUMSTANCES.’

3 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not

4 apply to—

5 ‘‘(A) the—

6 ‘‘(i) manufacture for, transfer to, or

7 possession by, the United States or a State

8 or a department or agency of the United

9 States, or a State or a department, agency,

10 or political subdivision of a State, of a

11 handgun; or

12 ‘‘(ii) transfer to, or possession by, a

13 law enforcement officer employed by an en14 tity referred to in clause (i) of a handgun

15 for law enforcement purposes (whether on

16 or off-duty); or

17 ‘‘(B) the transfer to, or possession by, a

18 rail police officer employed by a rail carrier and

19 certified or commissioned as a police officer

20 under the laws of a State, of a handgun for

21 purposes of law enforcement (whether on or off22 duty).’’.

23 (c) CIVIL PENALTIES.—Section 924 of title 18,

24 United States Code, is amended—
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1 (1) in subsection (a)(1), by striking ‘‘or (f)’’

2 and inserting ‘‘(f) or (p)’’; and

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

4 ‘‘(p) PENALTIES RELATING TO FAILURE TO PRO5 VIDE FOR CHILDPROOF HANDGUNS OR LOCKING DEVICES

6 AND WARNINGS.—

7 ‘‘(1) IN GENERAL.—

8 ‘‘(A) SUSPENSION OR REVOCATION OF LI9 CENSE; CIVIL PENALTIES.—With respect to

10 each violation of subparagraph (A) or (B) of

11 section 922(z)(1) or subparagraph (A) or (B) of

12 section 922(aa)(1) by a licensee, the Secretary

13 may, after notice and opportunity for hearing—

14 ‘‘(i) suspend or revoke any license

15 issued to the licensee under this chapter;

16 or

17 ‘‘(ii) subject the licensee to a civil

18 penalty in an amount equal to not more

19 than $10,000.

20 ‘‘(B) REVIEW.—An action of the Secretary

21 under this paragraph may be reviewed only as

22 provided in section 923(f).

23 ‘‘(2) ADMINISTRATIVE REMEDIES.—The sus24 pension or revocation of a license or the imposition

25 of a civil penalty under paragraph (1) does not pre-
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1 clude any administrative remedy that is otherwise

2 available to the Secretary.’’.

3 SEC. 3. GRANTS TO IMPROVE GUN SAFETY.

4 (a) IN GENERAL.—

5 (1) GRANTS.—Subject to the availability of ap6 propriations, the Attorney General, acting through

7 the Director of the National Institute of Justice (re8 ferred to in this section as the ‘‘Director’’), shall

9 make grants under this section for the purpose spec10 ified in paragraph (2) to applicants that submit an

11 application that meets requirements that the Attor12 ney General, acting through the Director, shall es13 tablish.

14 (2) PURPOSE.—The purpose of a grant under

15 this section shall be to reduce violence caused by

16 firearms through the improvement of firearm safety

17 technology, weapon detection technology, or other

18 technology.

19 (3) CONSULTATION.—In making grants under

20 this section, the Attorney General, acting through

21 the Director, shall consult with appropriate employ22 ees of the National Institute of Justice with exper23 tise in firearms and weapons technology.

24 (b) PERIOD OF GRANT.—A grant under this section

25 shall be for a period of not to exceed 3 years.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to the Department of

3 Justice to carry out this section $10,000,000 for each of

4 fiscal years 2000 through 2002.

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