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105TH CONGRESS

2D SESSION S. 1917

To prevent children from injuring themselves and others with firearms.

IN THE SENATE OF THE UNITED STATES

APRIL 2, 1998

Mr. DURBIN (for himself, Mr. CHAFEE, Mr. REED, and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To prevent children from injuring themselves and others

with 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 ‘‘Child Firearm Access

5 Prevention Act’’.

6 SEC. 2. CHILDREN AND FIREARMS SAFETY.

7 (a) SECURE GUN STORAGE OR SAFETY DEVICE.—

8 Section 921(a) of title 18, United States Code, is amended

9 by adding at the end the following:
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1 ‘‘(34) The term ‘secure gun storage or safety device’

2 means—

3 ‘‘(A) a device that, when installed on a firearm,

4 prevents the firearm from being operated without

5 first deactivating or removing the device;

6 ‘‘(B) a device incorporated into the design of

7 the firearm that prevents the operation of the fire8 arm by anyone not having access to the device; or

9 ‘‘(C) a safe, gun safe, gun case, lock box, or

10 other device that is designed to be or can be used

11 to store a firearm and that can be unlocked only by

12 means of a key, a combination, or other similar

13 means.’’.

14 (b) PROHIBITION AND PENALTIES.—Section 922 of

15 title 18, United States Code, is amended by adding at the

16 end the following:

17 ‘‘(y) PROHIBITION AGAINST GIVING JUVENILES AC18 CESS TO CERTAIN FIREARMS.—

19 ‘‘(1) DEFINITION OF JUVENILE.—In this sub20 section, the term ‘juvenile’ means an individual who

21 has not attained the age of 18 years.

22 ‘‘(2) PROHIBITION.—Except as provided in

23 paragraph (3), any person that—

24 ‘‘(A) keeps a loaded firearm, or an un25 loaded firearm and ammunition for the firearm,
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•S 1917 IS

1 any of which has been shipped or transported

2 in interstate or foreign commerce or otherwise

3 substantially affects interstate or foreign com4 merce, within any premise that is under the

5 custody or control of that person; and

6 ‘‘(B) knows, or reasonably should know,

7 that a juvenile is capable of gaining access to

8 the firearm without the permission of the par9 ent or legal guardian of the juvenile;

10 shall, if a juvenile obtains access to the firearm and

11 thereby causes death or bodily injury to the juvenile

12 or to any other person, or exhibits the firearm either

13 in a public place, or in violation of subsection (q),

14 be imprisoned not more than 1 year, fined not more

15 than $10,000, or both.

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

17 apply if—

18 ‘‘(A) the person uses a secure gun storage

19 or safety device for the firearm;

20 ‘‘(B) the person is a peace officer, a mem21 ber of the Armed Forces, or a member of the

22 National Guard, and the juvenile obtains the

23 firearm during, or incidental to, the perform24 ance of the official duties of the person in that

25 capacity;
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1 ‘‘(C) the juvenile obtains, or obtains and

2 discharges, the firearm in a lawful act of self3 defense or defense of 1 or more other persons;

4 or

5 ‘‘(D) the person has no reasonable expecta6 tion, based on objective facts and cir7 cumstances, that a juvenile is likely to be

8 present on the premises on which the firearm is

9 kept.’’.

10 (c) ROLE OF LICENSED FIREARMS DEALERS.—Sec11 tion 926 of title 18, United States Code, is amended by

12 adding at the end the following:

13 ‘‘(d) The Secretary shall ensure that a copy of section

14 922(y) appears on the form required to be obtained by

15 a licensed dealer from a prospective transferee of a fire16 arm.’’.

17 (d) NO EFFECT ON STATE LAW.—Nothing in this

18 section or the amendments made by this section shall be

19 construed to preempt any provision of the law of any

20 State, the purpose of which is to prevent children from

21 injuring themselves or others with firearms.

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