II

103D CONGRESS

2D SESSION S. 2053

To prevent handgun violence and illegal commerce in firearms.

IN THE SENATE OF THE UNITED STATES

APRIL 26 (legislative day, APRIL 11), 1994

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 1994’’.

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 less than effective by

7 lax regulation by other States; and

8 (4) accordingly, it is necessary to establish uni9 form national laws governing all aspects of the fire10 arms industry, requiring handgun licensing and reg11 istration, expanding the categories of persons pro12 hibited from possessing firearms, limiting Federal

13 firearms licensees to bona fide importers, manufac14 turers, and dealers, and prohibiting the sale of semi15 automatic assault weapons and other dangerous

16 weapons.

17 SEC. 3. TABLE OF CONTENTS.

18 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.
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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.

Sec. 405. Prohibition of transactions involving stolen firearms that have moved

in interstate or foreign commerce.

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 ‘‘(v)(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) containing a photo19 graph 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) 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 1028),
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1 documentation such as a utility bill or lease

2 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 within 20 business days after receipt of

24 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, within 10

8 days after a person possessing a State handgun li9 cense 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, within 24

13 hours after a State handgun licensee discovers that

14 a handgun has been stolen from or lost by the li15 censee, 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 1028),

11 documentation such as a utility bill or lease

12 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 ‘‘(30) 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(v), 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

22 (q), (r), AND (v) OF TITLE 18.—Section 924(a)(1)(B) of

23 title 18, United States Code, is amended by striking ‘‘or

24 (q)’’ and inserting ‘‘(r), or (v)’’.
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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(v) of

16 title 18, United States Code.

17 (2) AUTHORIZATION OF APPROPRIATIONS.—

18 There is authorized to be appropriated for grants

19 under paragraph (1) a total of $200,000,000 for fis20 cal year 1995 and all fiscal years thereafter.

21 SEC. 102. PROHIBITION OF MULTIPLE HANDGUN TRANS22 FERS.

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

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

25 end the following new subsection:
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1 ‘‘(w)(1) It shall be unlawful for any licensed dealer—

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

3 more handguns to an individual who is not licensed

4 under section 923; or

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

6 not licensed under section 923 and who purchased a

7 handgun during the 30-day period ending on the

8 date of the sale.

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

10 not licensed under section 923 to purchase 2 or more

11 handguns during any 30-day period.

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

13 (with or without consideration) of a handgun for a hand14 gun.’’.

15 SEC. 103. PROHIBITION OF ENGAGING IN THE BUSINESS OF

16 DEALING IN HANDGUNS WITHOUT SPECIFIC

17 AUTHORIZATION; REQUIREMENT THAT AU18 THORIZATION BE PROVIDED IF APPLICANT

19 DEMONSTRATES SIGNIFICANT UNMET ECO20 NOMIC DEMAND.

21 (a) PROHIBITION AGAINST ENGAGING IN THE BUSI22 NESS OF DEALING IN HANDGUNS WITHOUT SPECIFIC AU23 THORIZATION.—Section 922(a)(1) of title 18, United

24 States Code, is amended—
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1 (1) by striking ‘‘or’’ at the end of subparagraph

2 (A);

3 (2) by redesignating subparagraph (B) as sub4 paragraph (C); and

5 (3) by inserting after subparagraph (A) the fol6 lowing new subparagraph:

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

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

9 to ship, transport, or receive any handgun in

10 interstate or foreign commerce, unless the per11 son is specifically authorized to do so under sec12 tion 923(d)(2)(A); or’’.

13 (b) REQUIREMENT THAT AUTHORIZATION BE PRO14 VIDED IF APPLICANT DEMONSTRATES THAT IT IS IN THE

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

16 States Code, is amended—

17 (1) by redesignating paragraph (2) as para18 graph (3); and

19 (2) by inserting after paragraph (1) the follow20 ing new paragraph:

21 ‘‘(2)(A) The Secretary shall authorize a licensed deal22 er (or a person whose application for a license to engage

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

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

25 dealing in handguns if the licensed dealer (or the appli-
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1 cant) demonstrates to the Secretary, in accordance with

2 regulations that the Secretary shall prescribe, that there

3 is significant unmet lawful demand for handguns in the

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

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

6 ‘‘(B) For purposes of paragraph (3) of this sub7 section and subsections (e) and (f), a request for authority

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

9 considered to be an application for a license under this

10 section, and the provision of such authority shall be con11 sidered to be the issuance of such a license.’’.

12 (c) EFFECTIVE DATE.—

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the amendments made by this section

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

16 date of enactment of this Act.

17 (2) 2-YEAR GRANDFATHERING OF LICENSED

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

19 with the effective date specified in paragraph (1),

20 the amendments made by this section shall not apply

21 to any person who, on the effective date, is a li22 censed dealer (as defined in section 921(a)(11) of

23 title 18, United States Code).
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1 TITLE II—TRACING OF GUNS

2 USED IN CRIMES

3 SEC. 201. DEALER ASSISTANCE WITH TRACING OF FIRE4 ARMS.

5 (a) PROVISION OF RECORD INFORMATION.—Section

6 923(g) of title 18, United States Code, is amended by add7 ing at the end the following new paragraph:

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

9 such conditions as the Secretary shall prescribe by regula10 tion, provide all record information required to be kept

11 by this chapter, or such lesser information as the Sec12 retary may specify, as may be required for determining

13 the disposition of a firearm in the course of a law enforce14 ment investigation.’’.

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

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

17 ‘‘except section 923(g)(6)’’ after ‘‘chapter’’.

18 SEC. 202. COMPUTERIZATION OF RECORDS.

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

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

21 (1) in subsection (a) by striking the second sen22 tence; and

23 (2) by adding at the end the following new sub24 section:
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1 ‘‘(e) The Director of the Bureau of Alcohol, Tobacco,

2 and Firearms shall centralize all records of receipts and

3 disposition of firearms obtained by the Bureau and main4 tain such records in whatever manner will enable their

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

6 SEC. 203. INTERSTATE TRANSPORTATION OF FIREARMS.

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

8 amended to read as follows:

9 ‘‘(3)(A) for any person not licensed under sec10 tion 923 to transport a firearm from 1 State into

11 another State; but

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

13 any person who lawfully acquires a firearm by be14 quest or intestate succession in a State other than

15 the person’s State of residence from transporting the

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

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

18 possess the firearm in the person’s State of resi19 dence; and

20 ‘‘(ii) subparagraph (A) shall not apply to—

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

22 firearm obtained in conformity with subsection

23 (b)(3);
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1 ‘‘(II) the transportation of any firearm ac2 quired in any State before the effective date of

3 this chapter;

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

5 accordance with section 926A of this title; and

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

7 under contract or agreement with a person li8 censed under section 923, by a person who

9 ships or transports goods in the ordinary course

10 of business;’’.

11 SEC. 204. GUN RUNNING.

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

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

14 adding at the end the following new subsection:

15 ‘‘(x) It shall be unlawful for a person not licensed

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

17 transfer the firearm for profit.’’.

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

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

21 ‘‘(6)(A) Except as provided in subparagraph (B), a

22 person who violates section 922(x) shall be fined under

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

24 than 3 years, or both.
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1 ‘‘(B) A person who violates section 922(x) with re2 spect to 5 or more firearms during a 30-day period shall

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

4 or both.’’.

5 SEC. 205. HANDGUN BARREL REGISTRATION.

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

7 amended—

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

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

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

11 with regulations prescribed by the Secretary—

12 ‘‘(A) maintain records of the ballistics of hand13 gun barrels made by the licensed manufacturer and

14 of the serial numbers of such barrels; and

15 ‘‘(B) make such records available to the Sec16 retary.’’.

17 SEC. 206. NATIONAL FIREARMS TRACING CENTER.

18 (a) ESTABLISHMENT.—The Secretary of the Treas19 ury shall establish in the Bureau of Alcohol, Tobacco, and

20 Firearms a National Firearms Tracing Center, which shall

21 be operated for the purpose of tracing the chain of posses22 sion of firearms and ammunition used in crimes.

23 (b) AUTHORIZATION OF APPROPRIATIONS.—For the

24 establishment and operation of the National Firearms

25 Tracing Center there are authorized to be appropriated
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1 to the Secretary of the Treasury $20,000,000 for each of

2 fiscal years 1994, 1995, and 1996.

3 TITLE III—DEALER

4 RESPONSIBILITY

5 SEC. 301. COMPLIANCE WITH STATE AND LOCAL FIREARMS

6 LICENSING LAWS AS CONDITION TO ISSU7 ANCE OF FEDERAL FIREARMS LICENSE.

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

9 amended—

10 (1) by striking ‘‘and’’ at the end of subpara11 graph (D);

12 (2) by striking the period at the end of sub13 paragraph (E) and inserting ‘‘; and’’; and

14 (3) by adding at the end the following new sub15 paragraph:

16 ‘‘(F) in the case of an application for a license

17 to engage in the business of dealing in firearms—

18 ‘‘(i) the applicant has complied with all re19 quirements imposed on persons desiring to en20 gage in such a business by the State and politi21 cal subdivision thereof in which the applicant

22 conducts or intends to conduct such business;

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

24 to the license is not prohibited by the law of the
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1 State or locality in which the business premises

2 is located; and

3 ‘‘(iii) the application includes a written

4 statement that—

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

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

7 which the applicant conducts or intends to

8 conduct such business, the head of the

9 State police of such State, or any official

10 designated by the Secretary; and

11 ‘‘(II) certifies that the information

12 available to the signer of the statement

13 does not indicate that the applicant is in14 eligible to obtain such a license under the

15 law of such State and locality.’’.

16 SEC. 302. BACKGROUND INVESTIGATION OF LICENSEES.

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

18 United States Code, is amended—

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

20 of’’ before ‘‘the applicant’’; and

21 (2) by striking ‘‘association)’’ and inserting

22 ‘‘association), which investigation shall include

23 checking the applicant’s fingerprints against all ap24 propriate compilations of criminal records, the Sec25 retary determines that the applicant’’.
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1 (b) INSPECTION OF APPLICANT’S PREMISES.—Sec2 tion 923(d)(1) of title 18, United States Code, as amended

3 by section 301, is amended—

4 (1) by striking ‘‘and’’ at the end of subpara5 graph (E);

6 (2) by striking the period at the end of sub7 paragraph (F) and inserting ‘‘; and’’; and

8 (3) by adding at the end the following new sub9 paragraph:

10 ‘‘(G) the Secretary has conducted an inspection

11 of the place at which the applicant is to conduct

12 business pursuant to the license.’’.

13 (c) BUSINESS PREMISES REQUIRED OF APPLI14 CANT.—Section 923(d)(1)(E) of title 18, United States

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

16 (d) EXTENSION OF PERIOD FOR APPROVING OR DE17 NYING APPLICATION.—Section 923(d)(3) of title 18, Unit18 ed States Code, as redesignated by section 103(b), is

19 amended by striking ‘‘forty-five-day’’ and inserting ‘‘180-

20 day’’.

21 SEC. 303. INCREASED LICENSE FEES FOR DEALERS.

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

23 amended to read as follows:

24 ‘‘(3) If the applicant—
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1 ‘‘(A) is a dealer in destructive devices or ammu2 nition for destructive devices, a fee of $2,000 per

3 year; or

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

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

6 SEC. 304. INCREASED PENALTIES FOR MAKING KNOWINGLY

7 FALSE STATEMENTS IN CONNECTION WITH

8 FIREARMS.

9 (a) IN ACQUIRING A FIREARM FROM A LICENSED

10 DEALER.—Section 924(a) of title 18, United States Code,

11 is amended—

12 (1) in paragraph (1)(B) by striking ‘‘(a)(6),’’;

13 and

14 (2) in paragraph (2) by inserting ‘‘(a)(6),’’

15 after ‘‘subsection’’.

16 (b) IN RECORDKEEPING.—Section 924(a)(3) of title

17 18, United States Code, is amended by striking ‘‘fined not

18 more than $1,000, imprisoned not more than one year’’

19 and inserting ‘‘fined under this title, imprisoned not more

20 than 10 years’’.

21 SEC. 305. DEALER INSPECTIONS.

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

23 is amended by striking all after ‘‘warrant’’ and inserting

24 ‘‘as necessary to ensure compliance with this chapter, to
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1 further a criminal investigation, or to determine the dis2 position of 1 or more particular firearms.’’.

3 SEC. 306. GUN SHOWS.

4 (a) PROHIBITION OF CERTAIN HANDGUN TRANS5 FERS AT GUN SHOWS.—Section 922(b) of title 18, United

6 States Code, is amended—

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

8 (4);

9 (2) by striking the period at the end of para10 graph (5) and inserting ‘‘; or’’; and

11 (3) by inserting after paragraph (5) the follow12 ing:

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

14 licensed importer, licensed manufacturer, or licensed

15 dealer, at any place other than the location specified

16 on the license of the transferor.’’.

17 (b) TECHNICAL AMENDMENT.—Section 923(j) of

18 title 18, United States Code, is amended in the first sen19 tence by inserting ‘‘, consistent with section 922(b)(6),’’

20 before ‘‘temporarily’’.
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1 SEC. 307. ACQUISITION AND DISPOSITION RECORDS OF

2 DEALERS SUSPECTED OF SERVING AS

3 SOURCES OF ILLEGAL FIREARMS.

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

5 amended by adding at the end the following new subpara6 graph:

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

8 identified a licensed dealer as the source of 3 or more fire9 arms that have been recovered by law enforcement officials

10 in criminal investigations, or if the Secretary has reason

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

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

13 produce any or all records maintained by the dealer of ac14 quisition and disposition of firearms, and may continue

15 to impose that requirement until the Secretary determines

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

17 crimes.’’.

18 SEC. 308. DEALER RESPONSIBILITY FOR SALES TO FELONS

19 OR MINORS.

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

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

22 following new section:

23 ‘‘§ 922A. Tort liability of licensed dealers

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

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

26 in which a qualified firearm is used may bring an action
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1 in any United States district court against any qualified

2 licensed dealer for damages and such other relief as the

3 court deems appropriate.

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

5 firearm’ means a firearm that—

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

7 to a person who—

8 ‘‘(i) has been convicted in any court of a

9 crime punishable by imprisonment for a term

10 exceeding 1 year; or

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

12 and

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

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

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

16 licensed dealer’ means, with respect to a firearm, a li17 censed dealer who transfers the firearm to a person, know18 ing or having reasonable cause to believe that the person

19 is prohibited by Federal or State law from receiving the

20 firearm.

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

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

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

24 damages arising from the crime of violence referred to
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1 therein, except as provided in paragraph (2). The court,

2 in its discretion, may award punitive damages.

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

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

5 the plaintiff suffered the physical injury while committing

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

7 (b) TECHNICAL AMENDMENT.—The chapter analysis

8 for chapter 44 of title 18, United States Code, is amended

9 by inserting after the item relating to section 922 the fol10 lowing new item:

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

11 SEC. 309. INTERSTATE SHIPMENT OF FIREARMS.

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

13 amended—

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

15 be’’ and inserting the following:

16 ‘‘(2) It shall be’’;

17 (2) in the second sentence by striking ‘‘No com18 mon or contract carrier’’ and inserting the following:

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

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

21 carrier that undertakes to transport or deliver fire22 arms in interstate or foreign commerce shall, not

23 less frequently than monthly, obtain from the Sec24 retary a list of licensed dealers. The Secretary shall

25 provide to any common or contract carrier, upon re-
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1 quest and without charge, a list of licensed dealers

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

3 (4) in paragraph (2), as designated by para4 graph (1)—

5 (A) by striking ‘‘, to persons other than li6 censed importers, licensed manufacturers, li7 censed dealers, or licensed collectors,’’; and

8 (B) by striking ‘‘ammunition’’ the first

9 place it appears and all that follows through

10 ‘‘passenger’’ and inserting ‘‘ammunition—

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

12 carrier that the firearm or ammunition is being

13 transported or shipped; and

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

15 container is a licensed dealer, providing written no16 tice of the dealer’s license number,

17 except that any passenger’’; and

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

19 paragraph:

20 ‘‘(4) A common or contract carrier shall be consid21 ered to have cause to believe that a shipment of firearms

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

23 that the intended recipient of the shipment is a licensed

24 dealer and the carrier fails to verify that the intended re25 cipient is a licensed dealer.’’.
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1 TITLE IV—THEFT OF FIREARMS

2 SEC. 401. DEALER REPORTING OF FIREARM THEFTS.

3 Section 923(g) of title 18, United States Code, as

4 amended by section 201(a), is amended by adding at the

5 end the following new paragraph:

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

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

8 922(s)(8)) of the locality in which the premises specified

9 on the license is located, any theft of firearms from the

10 licensee, not later than the close of business on the first

11 business day of the licensee after the day on which the

12 licensee discovers the theft.’’.

13 SEC. 402. THEFT OF FIREARMS OR EXPLOSIVES.

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

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

17 ‘‘(j) A person who steals any firearm that is moving

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

19 foreign commerce shall be fined under this title, impris20 oned not less than 2 nor more than 10 years, or both.’’.

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

22 States Code, is amended by adding at the end the follow23 ing new subsection:

24 ‘‘(k) A person who steals any explosive materials that

25 are moving as, or are a part of, or that have moved in,
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1 interstate or foreign commerce shall be fined under this

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

3 or both.’’.

4 SEC. 403. THEFT OF FIREARMS OR EXPLOSIVES FROM LI5 CENSEE.

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

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

8 by adding at the end the following new subsection:

9 ‘‘(k) A person who steals any firearm from a licensed

10 importer, licensed manufacturer, licensed dealer, or li11 censed collector shall be fined under this title, imprisoned

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

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

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

15 by adding at the end the following new subsection:

16 ‘‘(l) A person who steals explosive materials from a

17 licensed importer, licensed manufacturer, licensed dealer,

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

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

20 SEC. 404. SECURITY OF LICENSED FIREARMS DEALERS.

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

22 States Code, is amended by adding at the end the follow23 ing new subsection:

24 ‘‘(l) A licensed dealer shall provide for security

25 against theft of firearms from the dealer’s business prem-
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1 ises, in accordance with regulations prescribed by the Sec2 retary.’’.

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

4 923(d)(1)(F) of title 18, United States Code, as added

5 by section 301(3), and amended by section 302(b)(2), of

6 this Act, is amended—

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

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

9 clause:

10 ‘‘(iv) the applicant has provided for secu11 rity against theft of firearms from the place at

12 which business is to be conducted pursuant to

13 the license, in accordance with regulations pre14 scribed under subsection (l); and’’.

15 SEC. 405. PROHIBITION OF TRANSACTIONS INVOLVING

16 STOLEN FIREARMS THAT HAVE MOVED IN

17 INTERSTATE OR FOREIGN COMMERCE.

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

19 amended to read as follows:

20 ‘‘(j) It shall be unlawful for any person to receive,

21 possess, conceal, store, barter, sell, or dispose of any stolen

22 firearm or stolen ammunition, or pledge or accept as secu23 rity for a loan any stolen firearm or stolen ammunition,

24 that is moving as, that is a part of, that constitutes, or

25 that has been shipped or transported in, interstate or for-
32

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1 eign commerce (either before or after it was stolen), know2 ing or having reasonable cause to believe that the firearm

3 or ammunition was stolen.’’.

4 TITLE V—ARMED FELONS

5 SEC. 501. DENIAL OF ADMINISTRATIVE RELIEF FROM CER6 TAIN FIREARMS PROHIBITIONS; INADMIS7 SIBILITY OF ADDITIONAL EVIDENCE IN JUDI8 CIAL REVIEW OF DENIALS OF SUCH ADMINIS9 TRATIVE RELIEF FOR OTHER PERSONS.

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

11 States Code, is amended—

12 (1) in the first sentence—

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

14 (B) by inserting ‘‘(other than an individ15 ual)’’ before ‘‘who is prohibited’’; and

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

17 Secretary’s’’;

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

19 (3) in the fourth sentence—

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

21 inserting the following:

22 ‘‘(2) A licensed importer’’;

23 (B) by inserting ‘‘person (other than an in24 dividual) who is a’’ before ‘‘licensed importer’’;

25 and
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1 (C) by striking ‘‘his’’ and inserting ‘‘the

2 person’s’’; and

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

4 follows:

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

6 under this section, the Secretary shall promptly publish

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

8 include—

9 ‘‘(A) the name of the person;

10 ‘‘(B) the disability with respect to which the re11 lief is granted, and, if the disability was imposed by

12 reason of a criminal conviction of the person, the

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

14 was convicted; and

15 ‘‘(C) the reasons for the action.’’.

16 (b) APPLICABILITY.—The amendments made by sub17 section (a) shall apply to—

18 (1) applications for administrative relief, and

19 actions for judicial review, that are pending on or

20 after the date of enactment of this Act; and

21 (2) applications for administrative relief filed,

22 and actions for judicial review brought, on or after

23 the date of enactment of this Act.
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1 SEC. 502. CLARIFICATION OF DEFINITION OF CONVICTION.

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

3 is amended—

4 (1) in the first sentence—

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

6 (B) by redesignating subparagraphs (A)

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

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

9 and inserting the following:

10 ‘‘(B) What’’; and

11 (3) by striking the third sentence and inserting

12 the following:

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

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

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

16 conviction for purposes of this chapter if—

17 ‘‘(i) the expungement, setting aside, pardon, or

18 restoration of civil rights applies to a named person

19 and expressly authorizes the person to ship, trans20 port, receive, and possess firearms; and

21 ‘‘(ii) the State authority granting the

22 expungement, setting aside, pardon, or restoration of

23 civil rights has expressly determined that the cir24 cumstances regarding the conviction, and the per25 son’s record and reputation, are such that—
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1 ‘‘(I) the applicant will not be likely to act

2 in a manner that is dangerous to public safety;

3 and

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

5 be contrary to the public interest.

6 ‘‘(D) Subparagraph (C) shall not apply to a convic7 tion for a violent felony (as defined in section

8 924(e)(2)(B)) or a serious drug offense (as defined in sec9 tion 924(e)(2)(A)).’’.

10 SEC. 503. ENHANCED PENALTY FOR USE OF A SEMIAUTO11 MATIC FIREARM DURING A CRIME OF VIO12 LENCE OR A DRUG TRAFFICKING CRIME.

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

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

15 firearm is a short-barreled rifle, short-barreled shotgun’’

16 and inserting ‘‘if the firearm is a semiautomatic firearm,

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

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

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

20 101(b), is amended by adding at the end the following new

21 paragraph:

22 ‘‘(31) The term ‘semiautomatic firearm’ means a re23 peating firearm that—
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1 ‘‘(A) utilizes a portion of the energy of a firing

2 cartridge to extract the fired cartridge case and

3 chamber the next round; and

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

5 fire each cartridge.’’.

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

7 TRAFFICKING.

8 Section 924 of title 18, United States Code, as

9 amended by section 403(a), is amended by adding at the

10 end the following:

11 ‘‘(l)(1) A person who, with the intent to engage in

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

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

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

15 title, or both.

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

17 conduct that—

18 ‘‘(A) is punishable under the Controlled Sub19 stances Act (21 U.S.C. 801 et seq.), the Controlled

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

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

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

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

24 controlled substance (as defined in section 102 of

25 the Controlled Substances Act, 21 U.S.C. 802); or
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1 ‘‘(C) constitutes a crime of violence (as defined

2 in subsection (c)(3)).’’.

3 SEC. 505. MANDATORY PENALTIES FOR FIREARMS POSSES4 SION BY VIOLENT FELONS AND SERIOUS

5 DRUG OFFENDERS.

6 (a) 1 PRIOR CONVICTION.—Section 924(a)(2) of title

7 18, United States Code, is amended by inserting ‘‘, and

8 if the violation is of section 922(g)(1) by a person who

9 has a previous conviction for a violent felony or a serious

10 drug offense (as defined in subsection (e)(2) (A) and (B)),

11 a sentence imposed under this paragraph shall include a

12 term of imprisonment of not less than 5 years’’ before the

13 period.

14 (b) 2 PRIOR CONVICTIONS.—Section 924 of title 18,

15 United States Code, as amended by section 504, is amend16 ed by adding at the end the following new subsection:

17 ‘‘(m)(1) Notwithstanding subsection (a)(2), a person

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

19 by any court referred to in section 922(g)(1) for a violent

20 felony (as defined in subsection (e)(2)(B)) or a serious

21 drug offense (as defined in subsection (e)(2)(A)) commit22 ted on occasions different from one another shall be fined

23 under this title, imprisoned not less than 10 nor more than

24 20 years, or both.
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1 ‘‘(2) Notwithstanding any other law, the court shall

2 not suspend the sentence of, or grant a probationary sen3 tence to, a person described in paragraph (1) with respect

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

5 TITLE VI—VIOLENT

6 MISDEMEANANTS

7 SEC. 601. PROHIBITION OF DISPOSAL OF FIREARMS OR AM8 MUNITION TO, OR RECEIPT OF FIREARMS OR

9 AMMUNITION BY, PERSONS CONVICTED OF A

10 VIOLENT CRIME OR SUBJECT TO A PROTEC11 TION ORDER.

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

13 title 18, United States Code, is amended—

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

15 (6);

16 (2) by striking the period at the end of para17 graph (7) and inserting a semicolon; and

18 (3) by inserting after paragraph (7) the follow19 ing new paragraphs:

20 ‘‘(8) has been convicted in any court of an of21 fense that—

22 ‘‘(A) is punishable by imprisonment for

23 more than 6 months; and
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1 ‘‘(B)(i) has, as an element, the use, at2 tempted use, or threatened use of physical force

3 against another person; or

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

5 risk that physical force against a person de6 scribed in subparagraph (A) may be used in the

7 course of committing the offense; or

8 ‘‘(9) is required, pursuant to an order issued by

9 a court in a case involving the use, attempted use,

10 or threatened use of physical force against another

11 person, to refrain from contact with or maintain a

12 minimum distance from that person.’’.

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

14 title 18, United States Code, is amended—

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

16 (6); and

17 (2) by inserting after paragraph (7) the follow18 ing new paragraphs:

19 ‘‘(8) who has been convicted in any court of an

20 offense that—

21 ‘‘(A) is punishable by imprisonment for

22 more than 6 months; and

23 ‘‘(B)(i) has, as an element, the use, at24 tempted use, or threatened use of physical force

25 against another person; or
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1 ‘‘(ii) by its nature, involves a substantial

2 risk that physical force against a person de3 scribed in subparagraph (A) may be used in the

4 course of committing the offense; or

5 ‘‘(9) who is required, pursuant to an order is6 sued by a court in a case involving the use, at7 tempted use, or threatened use of physical force

8 against another person, to refrain from contact with

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

10 TITLE VII—AMMUNITION

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

12 (a) DEFINITIONS.—

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

14 18, United States Code, is amended by inserting ‘‘or

15 ammunition’’ after ‘‘firearms’’.

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

17 18, United States Code, is amended by inserting ‘‘or

18 ammunition’’ after ‘‘firearms’’.

19 (3) ENGAGED IN THE BUSINESS.—Section

20 921(a)(21) of title 18, United States Code, is

21 amended—

22 (A) by redesignating subparagraphs (E)

23 and (F) as subparagraphs (F) and (G), respec24 tively; and
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1 (B) by inserting after subparagraph (D)

2 the following new subparagraph:

3 ‘‘(E) as applied to a dealer in ammunition, a

4 person who devotes time, attention, and labor to en5 gaging in such activity as a regular course of trade

6 or business with the principal objective of livelihood

7 and profit through the repetitive purchase and resale

8 of ammunition, but such term does not include a

9 person who makes occasional sales, exchanges, or

10 purchases of ammunition for the enhancement of a

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

12 part of the person’s personal collection of ammuni13 tion;’’.

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

15 States Code, is amended—

16 (1) in subsection (a)—

17 (A) in paragraph (1) (as amended by sec18 tion 103(a))—

19 (i) by amending subparagraph (A) to

20 read as follows:

21 ‘‘(A) except a licensed importer, licensed manu22 facturer, or licensed dealer, to engage in the busi23 ness of importing, manufacturing, or dealing in fire24 arms or ammunition, or in the course of such busi-
42

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1 ness to ship, transport, or receive any firearm or

2 ammunition in interstate or foreign commerce; or’’;

3 (ii) by striking ‘‘or’’ at the end of sub4 paragraph (B); and

5 (iii) by striking subparagraph (C);

6 (B) in paragraphs (2), (3), and (5) by in7 serting ‘‘or ammunition’’ after ‘‘firearm’’ each

8 place it appears;

9 (2) in subsection (b)(3)—

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

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

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

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

14 (3) in subsection (c)—

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

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

17 and seventh places it appears;

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

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

20 first place it appears; and

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

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

23 it appears;
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1 (4) in subsection (e) (as amended by section

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

3 each place it appears; and

4 (5) in subsection (q)(1)—

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

6 ammunition’’ after ‘‘firearm’’; and

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

8 subparagraph:

9 ‘‘(C) Subparagraph (A) shall not apply to the posses10 sion of ammunition—

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

12 grounds;

13 ‘‘(ii) if the individual possessing the ammuni14 tion is licensed to do so by the State in which the

15 school zone is located or a political subdivision of the

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

17 an individual obtain such a license, the law enforce18 ment authorities of the State or political subdivision

19 verify that the individual is qualified under law to

20 receive the license;

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

22 ‘‘(iv) by an individual for use in a program ap23 proved by a school in the school zone;

24 ‘‘(v) by an individual in accordance with a con25 tract entered into between a school in the school
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1 zone and the individual or an employer of the indi2 vidual;

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

4 officer’s official capacity; or

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

6 traversing school premises for the purpose of gaining

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

8 the entry on school premises is authorized by school

9 authorities.’’.

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

11 States Code, is amended—

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

13 striking ‘‘, or importing or manufacturing’’;

14 (2) in subsection (g)—

15 (A) in paragraph (1)—

16 (i) in subparagraph (A)—

17 (I) by inserting ‘‘and ammuni18 tion’’ after ‘‘firearms’’ the first place

19 it appears;

20 (II) by striking ‘‘firearms’’ the

21 second place it appears; and

22 (III) by striking ‘‘or any licensed

23 importer or manufacturer of ammuni24 tion,’’;
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1 (ii) in each of subparagraphs (B)(iii)

2 and (C)(ii) by inserting ‘‘or rounds of am3 munition’’ after ‘‘firearms’’; and

4 (iii) in subparagraph (D)(iv), as

5 added by section 404(b), by inserting ‘‘or

6 rounds of ammunition’’ after ‘‘firearms’’;

7 (B) in paragraph (2)—

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

9 ‘‘firearm’’; and

10 (ii) by inserting ‘‘or ammunition’’

11 after ‘‘firearms’’;

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

13 201(a), by inserting ‘‘or ammunition’’ after

14 ‘‘firearm’’; and

15 (D) in paragraph (7), as added by section

16 401, by inserting ‘‘or ammunition’’ after ‘‘fire17 arms’’;

18 (3) in subsection (j)—

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

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

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

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

23 (4) in subsection (l), as added by section

24 404(a), by inserting ‘‘or ammunition’’ after ‘‘fire25 arms’’.
46

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

2 States Code, is amended—

3 (1) in subsection (g) by inserting ‘‘or ammuni4 tion’’ after ‘‘firearm’’;

5 (2) in subsection (h) by inserting ‘‘or ammuni6 tion’’ after ‘‘firearm’’ each place it appears;

7 (3) in subsection (j), as added by section

8 402(a), by inserting ‘‘or ammunition’’ after ‘‘fire9 arm’’; and

10 (4) in subsection (k), as added by section

11 403(a), by inserting ‘‘or ammunition’’ after ‘‘fire12 arm’’.

13 (e) INTERSTATE TRANSPORTATION.—Section 926A

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

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

16 ammunition’’ after ‘‘firearms’’; and

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

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

19 fourth places it appears.

20 (f) POSSESSION IN FEDERAL FACILITIES.—Section

21 930 of title 18, United States Code, is amended—

22 (1) in the section heading by inserting ‘‘, am23 munition,’’ after ‘‘firearms’’;

24 (2) by inserting ‘‘, ammunition,’’ after ‘‘fire25 arm’’ each place it appears; and
47

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1 (3) in subsection (c)(3) by inserting ‘‘, ammuni2 tion,’’ after ‘‘firearms’’.

3 (g) TECHNICAL AMENDMENTS.—The chapter analy4 sis for chapter 44 of title 18, United States Code, is

5 amended—

6 (1) in the item relating to section 926A by in7 serting ‘‘and ammunition’’ after ‘‘firearms’’; and

8 (2) in the item relating to section 930 by in9 serting ‘‘, ammunition,’’ after ‘‘firearms’’.

10 SEC. 702. REGULATION OF THE MANUFACTURE, IMPORTA11 TION, AND SALE OF CERTAIN PARTICULARLY

12 DANGEROUS BULLETS.

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

14 is amended by striking subparagraph (B) and inserting

15 the following:

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

17 ‘‘(i) means—

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

19 be used in a handgun and that is constructed

20 entirely (excluding the presence of traces of

21 other substances) from 1 or a combination of

22 tungsten alloys, steel, iron, brass, bronze, beryl23 lium copper, or depleted uranium;

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

25 that may be used in a handgun and the jacket
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1 of which is designed to produce, upon impact,

2 evenly spaced sharp or barb-like projections

3 that extend beyond the diameter of the unfired

4 projectile; or

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

6 used in a handgun and the jacket of which has

7 a weight of more than 25 percent of the total

8 weight of the projectile; but

9 ‘‘(ii) does not include—

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

11 State environmental or game regulations for

12 hunting purposes;

13 ‘‘(II) a frangible projectile designed for

14 target shooting;

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

16 is primarily intended to be used for sporting

17 purposes; or

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

19 that the Secretary finds is intended to be used

20 for industrial purposes, including a charge used

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

Æ

S 2053 IS——2

S 2053 IS——3

S 2053 IS——4