I 

109TH CONGRESS 

1ST SESSION H. R. 1423 

To ban the manufacture, sale, delivery, and transfer of handguns that cannot 

be personalized, and to provide for a report to the Congress on the 

commercial feasibility of personalizing firearms. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2005 

Mr. PASCRELL (for himself, Mrs. MCCARTHY, Mr. KENNEDY of Rhode Island, 

Mr. WEINER, Mr. DELAHUNT, Mr. PAYNE, Mrs. MALONEY, Mr. 

CAPUANO, and Ms. SCHAKOWSKY) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To ban the manufacture, sale, delivery, and transfer of handguns that cannot be personalized, and to provide for 

a report to the Congress on the commercial feasibility 

of personalizing 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 ‘‘Childproof Handgun 

5 Act of 2005’’. 
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1 SEC. 2. BAN ON MANUFACTURE, SALE, DELIVERY, AND 

2 TRANSFER OF HANDGUNS THAT CANNOT BE 

3 PERSONALIZED. 

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

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘(z)(1) It shall be unlawful for a person who is not 

8 a licensed collector to manufacture, sell, deliver, or trans9 fer a handgun that cannot be personalized. 

10 ‘‘(2) Paragraph (1) shall not apply to any manufac11 ture for, or sale, delivery, or transfer to, an individual act12 ing under the authority of the United States or any de13 partment or agency of the United States, or of any State 

14 or any department, agency, or political subdivision of a 

15 State.’’. 

16 (b) PERSONALIZED DEFINED.—Section 921(a) of 

17 such title is amended by adding at the end the following: 

18 ‘‘(36) The term ‘personalized’ means, with respect to 

19 a handgun, that integral to the handgun is a device or 

20 feature that— 

21 ‘‘(A) allows the handgun to be fired only by a 

22 particular individual; 

23 ‘‘(B) is not capable of being readily deactivated; 

24 and 

25 ‘‘(C) may allow the handgun to be personalized 

26 to 1 or more additional individuals.’’. 
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1 (c) PENALTY.—Section 924(a) of such title is amend2 ed by adding at the end the following: 

3 ‘‘(8) Whoever knowingly violates section 922(z) shall 

4 be fined not more than $500,000, imprisoned not more 

5 than 18 months, or both. The fine otherwise applicable 

6 under section 3571 shall not apply to an offense under 

7 section 922(z).’’. 

8 (d) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply to conduct engaged in after the 

10 5-year period that begins with the date of the enactment 

11 of this Act if the report required by section 3 states that 

12 the technology to personalize firearms (within the meaning 

13 of section 921(a)(36) of title 18, United States Code) will 

14 be commercially feasible by the end of such 5-year period. 

15 SEC. 3. REPORT TO THE CONGRESS ON TECHNOLOGY TO 

16 PERSONALIZE FIREARMS. 

17 (a) STUDY.—The Comptroller General of the United 

18 States shall conduct a study of the state of the technology 

19 involved in personalizing firearms (within the meaning of 

20 section 921(a)(36) of title 18, United States Code) and 

21 determine whether such technology will be commercially 

22 feasible within 5 years after the date of the enactment 

23 of this Act. 

24 (b) REPORT TO THE CONGRESS.—Within 2 years 

25 after the date of the enactment of this Act, the Comp-
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1 troller General shall submit to the Committee on the Judi2 ciary of the House of Representatives and the Committee 

3 on the Judiciary of the Senate a written report on the 

4 results of the study required by subsection (a). 

5 (c) COMMERCIAL FEASIBILITY.—In determining 

6 whether the technology involved in personalizing firearms 

7 is commercially feasible, the Comptroller General shall 

8 consider the following factors: 

9 (1) The reliability of the technology utilized in 

10 personalized firearms. 

11 (2) The difference between the manufacturer’s 

12 suggested retail price for personalized firearms and 

13 the manufacturer’s suggested retail price for equiva14 lent firearms that are not personalized. 

15 (3) Such other criteria as the Comptroller Gen16 eral deems appropriate. 

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