I

106TH CONGRESS

1ST SESSION H. R. 1768

To strengthen America’s firearms and explosives laws.

IN THE HOUSE OF REPRESENTATIVES

MAY 12, 1999

Mr. CONYERS (for himself, Mrs. MORELLA, Mr. NADLER, Ms. LOFGREN, Ms.

JACKSON-LEE of Texas, Ms. WATERS, Mr. MEEHAN, Mr. DELAHUNT,

Mr. WEXLER, Mr. ROTHMAN, Mr. WEINER, Mr. ACKERMAN, Mr. ANDREWS, Mr. BARRETT of Wisconsin, Mr. BLAGOJEVICH, Mr. CROWLEY,

Mr. CUMMINGS, Ms. DEGETTE, Ms. DELAURO, Mr. DIXON, Mr. FARR

of California, Mr. HOEFFEL, Mr. KENNEDY of Rhode Island, Mrs.

MCCARTHY of New York, Mr. MARKEY, Ms. NORTON, Mrs. TAUSCHER,

Mrs. JONES of Ohio, Mr. VENTO, and Mr. WAXMAN) introduced the following bill; which was referred to the Committee on the Judiciary, and

in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of

such provisions as fall within the jurisdiction of the committee concerned

A BILL

To strengthen America’s firearms and explosives laws.

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 Youth Gun Crime En5 forcement Act of 1999’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The following is the table of contents for this Act:
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Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—EXTENDING AND STRENGTHENING THE BRADY LAW

Subtitle A—Extending the Brady Act to Gun Shows

Sec. 101. Regulation of gun shows; findings.

Sec. 102. Extension of Brady checks to gun shows.

Subtitle B—Establishing a Mandatory Handgun Waiting Period and Giving

Law Enforcement More Time to Complete Background Checks

Sec. 103. Mandatory waiting period and additional time for background checks.

Subtitle C—Keeping Guns Out of The Hands of Dangerous Juvenile

Offenders

Sec. 104. Permanent prohibition on firearms transfers to or possession by dangerous juvenile offenders.

TITLE II—RESTRICTING YOUTH ACCESS TO FIREARMS

Sec. 201. Increasing youth gun safety by raising the age of handgun eligibility

and prohibiting youth from possessing semiautomatic assault

weapons.

Sec. 202. Enhanced penalty for youth possession of handguns and semiautomatic assault weapons and for the transfer of such weapons to

youth.

Sec. 203. Gun storage and safety devices for all firearms.

Sec. 204. Responsibility of adults for death and injury caused by child access

to firearms.

TITLE III—COMBATING ILLEGAL TRAFFICKING IN GUNS

Subtitle A—Restricting the Sources of Illegal Guns

Sec. 301. Preventing gun trafficking by restricting handgun transfers to one

per month.

Sec. 302. Secure storage of firearms inventories.

Sec. 303. Requiring thefts from common carriers to be reported.

Sec. 304. Increasing the number of allowed compliance inspections of firearms

dealers.

Sec. 305. Transfer of firearm to commit a crime of violence.

Sec. 306. Licensee reports of secondhand firearms.

Sec. 307. Voluntary submission of dealer’s records.

Subtitle B—Enhancing Penalties for Gun Trafficking

Sec. 308. Increasing the penalties on gun kingpins.

Sec. 309. Serious recordkeeping offenses that aid gun trafficking.

Sec. 310. Suspension of firearms dealer’s licenses and civil penalties for violations of the Gun Control Act.

Sec. 311. Termination of firearms dealer’s license upon felony conviction.

Sec. 312. Increased penalty for transactions involving firearms with obliterated

serial numbers.

Sec. 313. Forfeiture for gun trafficking.

Sec. 314. Authorization of appropriations.
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TITLE IV—STRENGTHENING THE ASSAULT WEAPONS BAN

Sec. 401. Ban on importing large capacity ammunition feeding devices.

TITLE V—COMBATING CRIMINAL MISUSE OF FIREARMS

Sec. 501. Certain gang-related firearms offenses as RICO predicates.

Sec. 502. Increased penalty for firearms conspiracy.

Sec. 503. Gun convictions as predicate crimes for Armed Career Criminal Act.

Sec. 504. Serious juvenile drug trafficking offenses as Armed Career Criminal

Act predicates.

Sec. 505. Limitation period for National Firearms Act prosecutions.

Sec. 506. Forfeiture of firearms used in crimes of violence and felonies.

Sec. 507. Separate licenses for gunsmiths.

TITLE VI—ENHANCING FIREARMS ENFORCEMENT

Sec. 601. Additional support for enhanced firearms prosecution projects.

Sec. 602. Youth Crime Gun Interdiction Initiative (YCGII).

TITLE VII—COMBATING CRIMINAL MISUSE OF EXPLOSIVES

Sec. 701. Permits and background checks for purchases of explosives.

Sec. 702. Persons prohibited from receiving or possessing explosives.

Sec. 703. Prohibiting possession of explosives by juveniles.

Sec. 704. Requirements concerning black powder and bulk smokeless powder.

Sec. 705. Authorizations of appropriations.

1 TITLE I—EXTENDING AND

2 STRENGTHENING THE BRADY

3 LAW

4 Subtitle A—Extending The Brady

5 Act to Gun Shows

6 SEC. 101. REGULATION OF GUN SHOWS; FINDINGS.

7 Congress finds that—

8 (1) more than 4,400 traditional gun shows are

9 held annually across the United States, attracting

10 thousands of attendees per show and hundreds of

11 Federal firearms licensees and non-licensed firearms

12 sellers;
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1 (2) traditional gun shows, as well as flea mar2 kets and other organized events, at which a large

3 number of firearms are offered for sale by Federal

4 firearms licensees and nonlicensed firearms sellers,

5 form a significant part of the national firearms mar6 ket;

7 (3) firearms and ammunition that are exhibited

8 or offered for sale or exchange at gun shows, flea

9 markets, and other organized events move easily in

10 and substantially affect interstate commerce;

11 (4) in fact, even before a firearm is exhibited or

12 offered for sale or exchange at a gun show, flea mar13 ket, or other organized event, the gun, its component

14 parts, ammunition, and the raw materials from

15 which it is manufactured have moved in interstate

16 commerce;

17 (5) gun shows, flea markets, and other orga18 nized events at which firearms are exhibited or of19 fered for sale or exchange, provide a convenient and

20 centralized commercial location at which firearms

21 may be bought and sold anonymously, often without

22 background checks and without records that enable

23 gun tracing;

24 (6) at gun shows, flea markets, and other orga25 nized events at which guns are exhibited or offered
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1 for sale or exchange, criminals and other prohibited

2 persons obtain guns without background checks and

3 frequently use guns that cannot be traced to later

4 commit crimes;

5 (7) many persons who buy and sell firearms at

6 gun shows, flea markets, and other organized events

7 cross State lines to attend these events and engage

8 in the interstate transportation of firearms obtained

9 at these events;

10 (8) gun violence is a pervasive, national prob11 lem that is exacerbated by the availability of guns at

12 gun shows, flea markets, and other organized events;

13 (9) firearms associated with gun shows have

14 been transferred illegally to residents of another

15 State by Federal firearms licensees and nonlicensed

16 firearms sellers, and have been involved in subse17 quent crimes including drug offenses, crimes of vio18 lence, property crimes, and illegal possession of fire19 arms by felons and other prohibited persons; and

20 (10) Congress has the power, under the inter21 state commerce clause and other provisions of the

22 Constitution of the United States, to ensure, by en23 actment of this Act, that criminals and other prohib24 ited persons do not obtain firearms at gun shows,

25 flea markets, and other organized events.
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1 SEC. 102. EXTENSION OF BRADY BACKGROUND CHECKS TO

2 GUN SHOWS.

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

4 States Code, is amended by adding at the end the fol5 lowing:

6 ‘‘(35) GUN SHOW.—The term ‘gun show’ means any

7 event—

8 ‘‘(A) at which 50 or more firearms are offered

9 or exhibited for sale, transfer, or exchange, if 1 or

10 more of the firearms has been shipped or trans11 ported in, or otherwise affects, interstate or foreign

12 commerce; and

13 ‘‘(B) at which 2 or more persons are offering

14 or exhibiting 1 or more firearms for sale, transfer,

15 or exchange.

16 ‘‘(36) GUN SHOW PROMOTER.—The term ‘gun show

17 promoter’ means any person who organizes, plans, pro18 motes, or operates a gun show.

19 ‘‘(37) GUN SHOW VENDOR.—The term ‘gun show

20 vendor’ means any person who exhibits, sells, offers for

21 sale, transfers, or exchanges 1 or more firearms at a gun

22 show, regardless of whether or not the person arranges

23 with the gun show promoter for a fixed location from

24 which to exhibit, sell, offer for sale, transfer, or exchange

25 1 or more firearms.’’.
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1 (b) REGULATION OF FIREARMS TRANSFERS AT GUN

2 SHOWS.—

3 (1) IN GENERAL.—Chapter 44 of title 18,

4 United States Code, is amended by adding at the

5 end the following:

6 ‘‘§ 931. Regulation of firearms transfers at gun shows

7 ‘‘(a) REGISTRATION OF GUN SHOW PROMOTERS.—

8 It shall be unlawful for any person to organize, plan, pro9 mote, or operate a gun show unless that person—

10 ‘‘(1) registers with the Secretary in accordance

11 with regulations promulgated by the Secretary; and

12 ‘‘(2) pays a registration fee, in an amount de13 termined by the Secretary.

14 ‘‘(b) RESPONSIBILITIES OF GUN SHOW PRO15 MOTERS.—It shall be unlawful for any person to organize,

16 plan, promote, or operate a gun show unless that person—

17 ‘‘(1) not later than 30 days before commence18 ment of the gun show, notifies the Secretary of the

19 date, time, duration, and location of the gun show

20 and any other information concerning the gun show

21 as the Secretary may require by regulation;

22 ‘‘(2) not later than 72 hours before commence23 ment of the gun show, submits to the Secretary an

24 updated list of all gun show vendors planning to par25 ticipate in the gun show and any other information
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1 concerning such vendors as the Secretary may re2 quire by regulation;

3 ‘‘(3) before commencement of the gun show,

4 verifies the identity of each gun show vendor partici5 pating in the gun show by examining a valid identi6 fication document (as defined in section 1028(d)(1))

7 of the vendor containing a photograph of the vendor;

8 ‘‘(4) before commencement of the gun show, re9 quires each gun show vendor to sign—

10 ‘‘(A) a ledger with identifying information

11 concerning the vendor; and

12 ‘‘(B) a notice advising the vendor of the

13 obligations of the vendor under this chapter;

14 and

15 ‘‘(5) notifies each person who attends the gun

16 show of the requirements of this chapter, in accord17 ance with such regulations as the Secretary shall

18 prescribe;

19 ‘‘(6) not later than 5 days after the last day of

20 the gun show, submits to the Secretary a copy of the

21 ledger and notice described in paragraph (4); and

22 ‘‘(7) maintains a copy of the records described

23 in paragraphs (2) through (4) at the permanent

24 place of business of the gun show promoter for such
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1 period of time and in such form as the Secretary

2 shall require by regulation.

3 ‘‘(c) RESPONSIBILITIES OF TRANSFERORS OTHER

4 THAN LICENSEES.—

5 ‘‘(1) IN GENERAL.—If any part of a firearm

6 transaction takes place at a gun show, it shall be

7 unlawful for any person who is not licensed under

8 this chapter to transfer a firearm to another person

9 who is not licensed under this chapter, unless the

10 firearm is transferred through a licensed importer,

11 licensed manufacturer, or licensed dealer in accord12 ance with subsection (e).

13 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per14 son who is subject to the requirement of paragraph

15 (1)—

16 ‘‘(A) shall not transfer the firearm to the

17 transferee until the licensed importer, licensed

18 manufacturer, or licensed dealer through which

19 the transfer is made under subsection (e)

20 makes the notification described in subsection

21 (e)(3)(A); and

22 ‘‘(B) notwithstanding subparagraph (A),

23 shall not transfer the firearm to the transferee

24 if the licensed importer, licensed manufacturer,

25 or licensed dealer through which the transfer is
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1 made under subsection (e) makes the notifica2 tion described in subsection (e)(3)(B).

3 ‘‘(d) RESPONSIBILITIES OF TRANSFEREES OTHER

4 THAN LICENSEES.—

5 ‘‘(1) IN GENERAL.—If any part of a firearm

6 transaction takes place at a gun show, it shall be

7 unlawful for any person who is not licensed under

8 this chapter to receive a firearm from another per9 son who is not licensed under this chapter, unless

10 the firearm is transferred through a licensed im11 porter, licensed manufacturer, or licensed dealer in

12 accordance with subsection (e).

13 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per14 son who is subject to the requirement of paragraph

15 (1)—

16 ‘‘(A) shall not receive the firearm from the

17 transferor until the licensed importer, licensed

18 manufacturer, or licensed dealer through which

19 the transfer is made under subsection (e)

20 makes the notification described in subsection

21 (e)(3)(A); and

22 ‘‘(B) notwithstanding subparagraph (A),

23 shall not receive the firearm from the transferor

24 if the licensed importer, licensed manufacturer,

25 or licensed dealer through which the transfer is
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1 made under subsection (e) makes the notifica2 tion described in subsection (e)(3)(B).

3 ‘‘(e) RESPONSIBILITIES OF LICENSEES.—A licensed

4 importer, licensed manufacturer, or licensed dealer who

5 agrees to assist a person who is not licensed under this

6 chapter in carrying out the responsibilities of that person

7 under subsection (c) or (d) with respect to the transfer

8 of a firearm shall—

9 ‘‘(1) enter such information about the firearm

10 as the Secretary may require by regulation into a

11 separate bound record;

12 ‘‘(2) record the transfer on a form specified by

13 the Secretary;

14 ‘‘(3) comply with section 922(t) as if transfer15 ring the firearm from the inventory of the licensed

16 importer, licensed manufacturer, or licensed dealer

17 to the designated transferee (although a licensed im18 porter, licensed manufacturer, or licensed dealer

19 complying with this subsection shall not be required

20 to again comply with the requirements of section

21 922(t) in delivering the firearm to the non-licensed

22 transferor), and notify the non-licensed transferor

23 and the non-licensed transferee—

24 ‘‘(A) of such compliance; and
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1 ‘‘(B) if the transfer is subject to the re2 quirements of section 922(t)(1), of any receipt

3 by the licensed importer, licensed manufacturer,

4 or licensed dealer of a notification from the na5 tional instant criminal background check sys6 tem that the transfer would violate section 922

7 or would violate State law;

8 ‘‘(4) not later than 10 days after the date on

9 which the transfer occurs, submit to the Secretary a

10 report of the transfer, which report—

11 ‘‘(A) shall be on a form specified by the

12 Secretary by regulation; and

13 ‘‘(B) shall not include the name of or other

14 identifying information relating to any person

15 involved in the transfer who is not licensed

16 under this chapter;

17 ‘‘(5) if the licensed importer, licensed manufac18 turer, or licensed dealer assists a person other than

19 a licensee in transferring, at 1 time or during any

20 5 consecutive business days, 2 or more pistols or re21 volvers, or any combination of pistols and revolvers

22 totaling 2 or more, to the same non-licensed person,

23 in addition to the reports required under paragraph

24 (4), prepare a report of the multiple transfers, which

25 report shall be—
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1 ‘‘(A) prepared on a form specified by the

2 Secretary; and

3 ‘‘(B) not later than the close of business

4 on the date on which the transfer occurs, for5 warded to—

6 ‘‘(i) the office specified on the form

7 described in subparagraph (A); and

8 ‘‘(ii) the appropriate State law en9 forcement agency of the jurisdiction in

10 which the transfer occurs; and

11 ‘‘(6) retain a record of the transfer as part of

12 the permanent business records of the licensed im13 porter, licensed manufacturer, or licensed dealer.

14 ‘‘(f) RECORDS OF LICENSEE TRANSFERS.—If any

15 part of a firearm transaction takes place at a gun show,

16 each licensed importer, licensed manufacturer, and li17 censed dealer who transfers 1 or more firearms to a person

18 who is not licensed under this chapter shall, not later than

19 10 days after the date on which the transfer occurs, sub20 mit to the Secretary a report of the transfer, which

21 report—

22 ‘‘(1) shall be in a form specified by the Sec23 retary by regulation;
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1 ‘‘(2) shall not include the name of or other

2 identifying information relating to the transferee;

3 and

4 ‘‘(3) shall not duplicate information provided in

5 any report required under subsection (e)(4).

6 ‘‘(g) FIREARM TRANSACTION DENIED.—In this sec7 tion, the term ‘firearm transaction’ includes the exhibition,

8 sale, offer for sale, transfer, or exchange of a firearm.’’.

9 (2) PENALTIES.—Section 924(a) of title 18,

10 United States Code, is amended by adding at the

11 end the following:

12 ‘‘(7)(A) Whoever knowingly violates section 931(a)

13 shall be fined under this title, imprisoned not more than

14 5 years, or both.

15 ‘‘(B) Whoever knowingly violates subsection (b)

16 or (c) of section 931, shall be—

17 ‘‘(i) fined under this title, imprisoned not

18 more than 2 years, or both; and

19 ‘‘(ii) in the case of a second or subsequent

20 conviction, such person shall be fined under this

21 title, imprisoned not more than 5 years, or

22 both.

23 ‘‘(C) Whoever willfully violates section 931(d)

24 shall be—
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1 ‘‘(i) fined under this title, imprisoned not

2 more than 2 years, or both; and

3 ‘‘(ii) in the case of a second or subsequent

4 conviction, such person shall be fined under this

5 title, imprisoned not more than 5 years, or

6 both.

7 ‘‘(D) Whoever knowingly violates subsection (e)

8 or (f) of section 931 shall be fined under this title,

9 imprisoned not more than 5 years, or both.

10 ‘‘(E) In addition to any other penalties imposed

11 under this paragraph, the Secretary may, with re12 spect to any person who knowingly violates any pro13 vision of section 931—

14 ‘‘(i) if the person is registered pursuant to

15 section 931(a), after notice and opportunity for

16 a hearing, suspend for not more than 6 months

17 or revoke the registration of that person under

18 section 931(a); and

19 ‘‘(ii) impose a civil fine in an amount equal

20 to not more than $10,000.’’.

21 (3) TECHNICAL AND CONFORMING AMEND22 MENTS.—Chapter 44 of title 18, United States

23 Code, is amended—
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1 (A) in the chapter analysis by adding at

2 the end the following: ‘‘931. Regulation of fire3 arms transfers at gun shows.’’; and

4 (B) in the first sentence of section 923(j),

5 by striking ‘‘a gun show or event’’ and inserting

6 ‘‘an event’’.

7 (4) INSPECTION AUTHORITY.—Section

8 923(g)(1) of title 18, United States Code, is amend9 ed by adding at the end the following:

10 ‘‘(E) Notwithstanding subparagraph (B), the Sec11 retary may enter during business hours the place of busi12 ness of any gun show promoter and any place where a

13 gun show is held for the purposes of examining the records

14 required by sections 923 and 931 and the inventory of

15 licensees conducting business at the gun show. Such entry

16 and examination shall be conducted for the purposes of

17 determining compliance with this chapter by gun show

18 promoters and licensees conducting business at the gun

19 show and shall not require a showing of reasonable cause

20 or a warrant.’’.

21 (c) INCREASED PENALTIES FOR VIOLATIONS OF

22 CRIMINAL BACKGROUND CHECK REQUIREMENTS.—

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

24 United States Code, is amended—
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1 (A) in paragraph (5), by striking ‘‘sub2 section (s) or (t) of section 922’’ and inserting

3 ‘‘section 922(s)’’; and

4 (B) by adding at the end the following:

5 ‘‘(8) Whoever knowingly violates section 922(t) shall

6 be fined under this title, imprisoned not more than 5

7 years, or both.’’.

8 (2) ELIMINATION OF CERTAIN ELEMENTS OF

9 OFFENSE.—Section 922(t)(5) of title 18, United

10 States Code, is amended by striking ‘‘and, at the

11 time’’ and all that follows through ‘‘State law’’.

12 (d) EFFECTIVE DATE.—This section and the amend13 ments made by this section shall take effect 180 days after

14 the date of enactment of this Act.

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated such sums as may be

17 necessary to carry out this section.
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1 Subtitle B—Establishing a Manda2 tory Handgun Waiting Period

3 and Giving Law Enforcement

4 More Time to Complete Back5 ground Checks

6 SEC. 103. MANDATORY WAITING PERIOD AND ADDITIONAL

7 TIME FOR BACKGROUND CHECKS.

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

9 amended—

10 (1) in paragraph (1)(A), by inserting ‘‘and, in

11 accordance with regulations prescribed by the Sec12 retary, transmits notice of the proposed firearm

13 transfer to the chief law enforcement officer of the

14 place of residence of the transferee’’ before the semi15 colon;

16 (2) in paragraph (1)(B)(ii)—

17 (A) by striking ‘‘3’’ and inserting ‘‘5’’; and

18 (B) by striking ‘‘and’’ at the end;

19 (3) in paragraph (1)(C), by striking the period

20 at the end and inserting ‘‘; and’’;

21 (4) by adding at the end of paragraph (1) the

22 following:

23 ‘‘(D) if the firearm is a handgun or semiauto24 matic assault weapon—
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1 ‘‘(i) not less than 72 hours have elapsed

2 since the licensee contacted the system; or

3 ‘‘(ii) if the firearm is a handgun, the trans4 feree has presented to the transferor a written

5 statement, issued by the chief law enforcement

6 officer of the place of residence of the trans7 feree during the 10-day period ending on the

8 date of the most recent proposal of such trans9 fer by the transferee, stating that the transferee

10 requires access to a handgun because of a

11 threat to the life of the transferee or of a mem12 ber of the household of the transferee.’’; and

13 (5) by adding at the end the following:

14 ‘‘(7) In this subsection, the term ‘‘chief law enforce15 ment officer’’ means the chief of police, the sheriff, or an

16 equivalent officer of a law enforcement agency, or the des17 ignee of any such officer.

18 ‘‘(8) In accordance with regulations prescribed by the

19 Secretary, a chief law enforcement officer who accepts no20 tice of a proposed firearm transfer under paragraph

21 (1)(A) shall destroy any statement or other record con22 taining information derived from the notice, unless the

23 chief law enforcement officer determines that the transfer

24 would violate Federal, State, or local law.
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1 ‘‘(9) The Secretary shall promulgate regulations re2 garding the manner in which licensees shall transmit no3 tice of a proposed firearm transfer to the chief law en4 forcement officer of the transferee’s place of residence

5 under paragraph (1)(A) and shall exempt licensees from

6 the notice requirement where the Secretary determines

7 such notice does not further the purposes of this section.’’.

8 Subtitle C—Keeping Guns Out Of

9 The Hands of Dangerous Juve10 nile Offenders

11 SEC. 104. PERMANENT PROHIBITION ON FIREARMS TRANS12 FERS TO OR POSSESSION BY DANGEROUS JU13 VENILE OFFENDERS.

14 (a) DEFINITION.—Section 921(a)(20) of title 18,

15 United States Code, is amended—

16 (1) by inserting ‘‘(A)’’ after ‘‘(20)’’;

17 (2) by redesignating subparagraphs (A) and

18 (B) as clauses ‘‘(i)’’ and ‘‘(ii)’’, respectively;

19 (3) by inserting after subparagraph (A) the fol20 lowing new subparagraph:

21 ‘‘(B) For purposes of section 922(d) and (g) of this

22 chapter, the term ‘adjudicated delinquent’ means an adju23 dication of delinquency based upon a finding of the com24 mission of an act by a person prior to his or her eighteenth

25 birthday that, if committed by an adult, would be a serious
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1 drug offense or violent felony (as defined in section

2 3559(c)(2) of this title), on or after the date of enactment

3 of this paragraph.’’; and

4 (4) by striking ‘‘What constitutes’’ through the

5 end and inserting the following:

6 ‘‘(C) What constitutes a conviction of such a crime

7 or an adjudication of delinquency shall be determined in

8 accordance with the law of the jurisdiction in which the

9 proceedings were held. Any State conviction or adjudica10 tion of delinquency which has been expunged or set aside

11 or for which a person has been pardoned or has had civil

12 rights restored by the jurisdiction in which the conviction

13 or adjudication of delinquency occurred shall nevertheless

14 be considered a conviction or adjudication of delinquency

15 unless—

16 ‘‘(i) the expunction, set aside, pardon or res17 toration of civil rights is directed to a specific per18 son;

19 ‘‘(ii) the State authority granting the

20 expunction, set aside, pardon or restoration of civil

21 rights has expressly determined that the cir22 cumstances regarding the conviction and the per23 son’s record and reputation are such that the person

24 will not act in a manner dangerous to public safety;

25 and
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1 ‘‘(iii) the expunction, set aside, pardon, or res2 toration of civil rights expressly authorizes the per3 son to ship, transport, receive or possess firearms.

4 The requirement of this subparagraph for an individual5 ized restoration of rights shall apply whether or not, under

6 State law, the person’s civil rights were taken away by

7 virtue of the conviction or adjudication.’’.

8 (b) PROHIBITION.—Section 922 of title 18, United

9 States Code, is amended—

10 (1) in subsection (d)—

11 (A) by striking ‘‘or’’ at the end of para12 graph (8);

13 (B) by striking the period at the end of

14 paragraph (9) and inserting ‘‘; or’’; and

15 (C) by inserting after paragraph (9) the

16 following:

17 ‘‘(10) has been an adjudicated delinquent.’’;

18 and

19 (2) in subsection (g)—

20 (A) by striking ‘‘or’’ at the end of para21 graph (8);

22 (B) by striking the comma at the end of

23 paragraph (9) and inserting ‘‘; or’’; and

24 (C) by inserting after paragraph (9) the

25 following:
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1 ‘‘(10) who has been adjudicated delinquent,’’.

2 (c) AUTHORIZATION OF APPROPRIATIONS.—There

3 are authorized to be appropriated such sums as may be

4 necessary to carry out this section.

5 TITLE II—RESTRICTING YOUTH

6 ACCESS TO FIREARMS

7 SEC. 201. INCREASING YOUTH GUN SAFETY BY RAISING

8 THE AGE OF HANDGUN ELIGIBILITY AND

9 PROHIBITING YOUTH FROM POSSESSING

10 SEMIAUTOMATIC ASSAULT WEAPONS.

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

12 amended—

13 (1) in paragraph (1)—

14 (A) by striking ‘‘juvenile’’ and inserting

15 ‘‘person who is less than 21 years of age’’;

16 (B) by striking ‘‘or’’ at the end of subpara17 graph (A);

18 (C) by striking the period at the end of

19 subparagraph (B) and inserting a semicolon;

20 and

21 (D) by adding at the end the following:

22 ‘‘(C) a semiautomatic assault weapon; or

23 ‘‘(D) a large capacity ammunition feeding de24 vice.’’;

25 (2) in paragraph (2)—
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1 (A) by striking ‘‘a juvenile’’ and inserting

2 ‘‘less than 21 years of age’’;

3 (B) by striking ‘‘or’’ at the end of subpara4 graph (A);

5 (C) by striking the period at the end of

6 subparagraph (B) and inserting a semicolon;

7 and

8 (D) by inserting at the end the following:

9 ‘‘(C) a semiautomatic assault weapon; or

10 ‘‘(D) a large capacity ammunition feeding

11 device.’’;

12 (3) in paragraph (3)(A), by inserting ‘‘tem13 porary’’ before ‘‘possession’’;

14 (4) in paragraph (3)(B), by striking ‘‘juvenile’’

15 and inserting ‘‘person who is less than 21 years of

16 age’’;

17 (5) in paragraph (3)(C), by striking ‘‘juvenile;

18 or’’ and inserting ‘‘person who is less than 21 years

19 of age;’’;

20 (6) by striking subparagraph (D) of paragraph

21 (3) and inserting the following:

22 ‘‘(D) the possession of a handgun or ammuni23 tion by a person who is less than 21 years of age

24 taken in defense of that person or other persons

25 against an intruder into the residence of that person
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1 or a residence in which that person is an invited

2 guest; or’’;

3 (7) by adding at the end of paragraph (3) the

4 following:

5 ‘‘(E) a temporary transfer of a handgun or am6 munition to a person who is at least 18 years of age

7 and less than 21 years of age, or the temporary use

8 or possession of a handgun or ammunition by a per9 son who is at least 18 years of age and less than 21

10 years of age, if the handgun and ammunition are

11 possessed and used by the person—

12 ‘‘(i) in the course of employment, in the

13 course of ranching or farming related to activi14 ties at the residence of the person (or on prop15 erty used for ranching or farming at which the

16 person, with the permission of the property

17 owner or lessee, is performing activities related

18 to the operation of the farm or ranch), target

19 practice, hunting, or a course of instruction in

20 the safe and lawful use of a handgun; and

21 ‘‘(ii) in accordance with State and

22 local law.’’; and

23 (8) by amending paragraph (4) to strike ‘‘juve24 nile’’ wherever it appears and insert ‘‘person who is

25 less than 21 years of age’’.
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1 SEC. 202. ENHANCED PENALTY FOR YOUTH POSSESSION OF

2 HANDGUNS AND SEMIAUTOMATIC ASSAULT

3 WEAPONS AND FOR THE TRANSFER OF SUCH

4 WEAPONS TO YOUTH.

5 (a) PENALTY FOR VIOLATIONS OF SECTION

6 922(x).—Section 924(a)(6) of title 18, United States

7 Code, is amended—

8 (1) by striking ‘‘(6)(A)’’ and all that follows

9 through the end of subparagraph (A) and inserting

10 the following:

11 ‘‘(6)(A) A juvenile who violates section 922(x) shall

12 be fined under this title, imprisoned not more than one

13 year, or both, and for a second or subsequent violation,

14 or for a first violation committed after an adjudication of

15 delinquency or after a State or Federal conviction for an

16 act that, if committed by an adult, would be a serious vio17 lent felony (as defined in section 3559(c) of this title),

18 shall be fined under this title, imprisoned not more than

19 five years, or both.’’;

20 (2) by striking subparagraph (B) and inserting

21 the following:

22 ‘‘(B) A person other than a juvenile who knowingly

23 violates section 922(x)—

24 ‘‘(i) shall be fined under this title, imprisoned

25 not more than five years, or both; and
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1 ‘‘(ii) if the person sold, delivered, or otherwise

2 transferred a handgun, ammunition, semiautomatic

3 assault weapon, or large capacity ammunition feed4 ing device to a person who is less than 21 years of

5 age knowing or having reasonable cause to know

6 that such person intended to carry or otherwise pos7 sess or discharge or otherwise use the handgun, am8 munition, semiautomatic assault weapon, or large

9 capacity ammunition feeding device in the commis10 sion of a crime of violence, shall be fined under this

11 title, imprisoned for not more than 10 years, or

12 both.’’.

13 SEC. 203. GUN STORAGE AND SAFETY DEVICES FOR ALL

14 FIREARMS.

15 (a) SECURE GUN STORAGE OR SAFETY DEVICES BY

16 FEDERAL FIREARMS LICENSEES.—Section 922 of title

17 18, United States Code, is amended by adding at the end

18 the following:

19 ‘‘(z) It shall be unlawful for any licensed importer,

20 licensed manufacturer, or licensed dealer to sell, transfer,

21 or deliver any firearm to any person (other than a licensed

22 importer, licensed manufacturer, or licensed dealer) unless

23 the transferee is provided with a secure gun storage or

24 safety device.’’.
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1 (b) PENALTIES.—Section 924 of title 18, United

2 States Code, is amended—

3 (1) in subsection (a)(1) by inserting ‘‘, or (p)’’

4 before ‘‘of this section’’; and

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

6 ‘‘(p) The Secretary may, after notice and opportunity

7 for hearing, suspend or revoke any license issued under

8 this chapter or may subject the licensee to a civil penalty

9 of not more than $10,000 if the holder of such license

10 has knowingly violated section 922(z) of this chapter. The

11 Secretary’s actions under this subsection may be reviewed

12 only as provided in section 923(f).’’.

13 (c) REPEAL OF INCONSISTENT PROVISIONS.—

14 (1) Section 923(d)(1) of title 18, United States

15 Code, is amended—

16 (A) in subparagraph (E) by adding at the

17 end ‘‘and’’;

18 (B) in subparagraph (F) by striking ‘‘;

19 and’’ and inserting a period; and

20 (C) by striking subparagraph (G).

21 (2) Section 923(e) of title 18, United States

22 Code, is amended by striking ‘‘or fails to have secure

23 gun storage or safety devices available at any place

24 in which firearms are sold under the license to per25 sons who are not licensees (except that in any case
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1 in which a secure gun storage or safety device is

2 temporarily unavailable because of theft, casualty

3 loss, consumer sales, backorders from a manufac4 turer, or any other similar reason beyond the control

5 of the licensee, shall not be considered to be in viola6 tion of the requirement to make available such a de7 vice)’’.

8 (3) Section 119 of the Departments of Com9 merce, Justice, and State, the Judiciary, and Re10 lated Agencies Appropriations Act, 1999 (as con11 tained in section 101(b) of division A of the Omni12 bus Consolidated and Emergency Supplemental Ap13 propriations Act, 1999; Public Law 105–277) is

14 amended by striking subsection (d).

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

16 this section shall be effective 180 days after the date of

17 enactment of this Act.

18 SEC. 204. RESPONSIBILITY OF ADULTS FOR DEATH AND IN19 JURY CAUSED BY CHILD ACCESS TO FIRE20 ARMS.

21 Section 922 of title 18, United States Code, is further

22 amended by adding at the end the following:

23 ‘‘(aa) PROHIBITION AGAINST GIVING CHILDREN AC24 CESS TO FIREARMS.—
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1 ‘‘(1) DEFINITION OF CHILD.—In this sub2 section, the term ‘child’ means an individual who has

3 not attained the age of 18 years.

4 ‘‘(2) PENALTIES.—Except as provided in para5 graph (3), any person who—

6 ‘‘(A) keeps a loaded firearm, or an un7 loaded firearm and ammunition for the firearm,

8 any one of which has been shipped or trans9 ported in interstate or foreign commerce, within

10 any premises that is under the custody or con11 trol of that person; and

12 ‘‘(B) knows, or recklessly disregards the

13 risk, that a child is capable of gaining access to

14 the firearm; and

15 ‘‘(C)(i) knows, or recklessly disregards the

16 risk, that a child will use the firearm to cause

17 death or serious bodily injury (as defined in

18 section 1365 of this title) to the child or any

19 other person; or

20 ‘‘(ii) knows, or recklessly disregards the

21 risk, that possession of the firearm by the child

22 is unlawful under Federal or State law,

23 if the child uses the firearm to cause death or seri24 ous bodily injury to the child or any other person,
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1 shall be imprisoned not more than 3 years, fined

2 under this title, or both.

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

4 apply if—

5 ‘‘(A) at the time the child obtained access,

6 the firearm was secured with a secure gun stor7 age or safety device;

8 ‘‘(B) the person is a peace officer, a mem9 ber of the Armed Forces, or a member of the

10 National Guard, and the child obtains the fire11 arm during, or incidental to, the performance of

12 the official duties of the person in that capacity;

13 ‘‘(C) the child uses the firearm in a lawful

14 act of self-defense or defense of 1 or more other

15 persons; or

16 ‘‘(D) the person has no reasonable expecta17 tion, based on objective facts and cir18 cumstances, that a child is likely to be present

19 on the premises on which the firearm is kept.’’.
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1 TITLE III—COMBATING ILLEGAL

2 TRAFFICKING IN GUNS

3 Subtitle A—Restricting the Sources

4 of Illegal Guns

5 SEC. 301. PREVENTING GUN TRAFFICKING BY RESTRICT6 ING HANDGUN TRANSFERS TO ONE PER

7 MONTH.

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

9 further amended by adding at the end the following:

10 ‘‘(bb)(1) The Congress finds and declares that—

11 ‘‘(A) crime, particularly crime involving drugs

12 and guns, is a pervasive, nationwide problem;

13 ‘‘(B) crime at the local level is exacerbated by

14 the interstate movement of drugs, guns, and crimi15 nal gangs;

16 ‘‘(C) firearms and ammunition move easily in

17 interstate commerce;

18 ‘‘(D) the illegal movement of firearms, and

19 handguns in particular, across state lines is a wide20 spread and pervasive national problem;

21 ‘‘(E) handguns (even when lawfully purchased)

22 are unlawfully transported across state lines by gun

23 traffickers and are illegally sold to prohibited per24 sons;
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1 ‘‘(F) in fact, even before a firearm is illegally

2 sold by a trafficker, the gun, its component parts,

3 ammunition, and the raw materials from which it is

4 made have moved in interstate commerce;

5 ‘‘(G) law-abiding persons may fear to travel

6 interstate or to or through certain parts of the coun7 try due to concern about violent crime and gun vio8 lence;

9 ‘‘(H) the illegal movement of handguns across

10 state lines substantially affects the national market

11 for firearms, because handguns sold in one State in

12 which there are few restrictions provide a convenient

13 source for the acquisition of handguns by gun traf14 fickers who transport the handguns to jurisdictions

15 with stronger restrictions;

16 ‘‘(I) the unlawful sale of firearms by traffickers

17 provides a method by which firearms can be bought

18 and sold anonymously, without background checks

19 and without record-keeping requirements to enable

20 gun tracing;

21 ‘‘(J) handguns sold by traffickers are often ob22 tained by criminals and other prohibited persons

23 who frequently use guns that cannot be traced to

24 commit crimes;
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1 ‘‘(K) handgun violence is a pervasive, national

2 problem that is exacerbated by the availability of

3 handguns through gun traffickers;

4 ‘‘(L) firearms from traffickers have been in5 volved in subsequent crimes including drug offenses,

6 crimes of violence, property crimes, and illegal pos7 session by felons and other prohibited persons;

8 ‘‘(M) because gun trafficking is often an inter9 state activity, individual States and localities are

10 often severely hampered in combating illegal hand11 gun purchases—even States and localities that have

12 made strong efforts to prevent, detect, and punish

13 gun-related crime and illegal trafficking of fire14 arms—as a result of the failure or inability of other

15 States or localities to take strong measures; and

16 ‘‘(N) the Congress has the power, under the

17 interstate commerce clause and other provisions of

18 the Constitution, to ensure, by enactment of this

19 section, that criminals and other prohibited persons

20 do not obtain firearms through gun traffickers.

21 ‘‘(2) It shall be unlawful for any person—

22 ‘‘(A) during any 30-day period, to sell, deliver

23 or transfer 2 or more handguns to any single person

24 (other than a licensed importer, licensed manufac25 turer, or licensed dealer), or
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1 ‘‘(B) to sell, deliver or transfer a handgun to

2 any single person (other than a licensed importer, li3 censed manufacturer, or licensed dealer), knowing or

4 having reasonable cause to believe that the trans5 feree has already received one or more handguns

6 within the previous 30 days.

7 ‘‘(3) It shall be unlawful for any person (other than

8 a licensed importer, licensed manufacturer, or licensed

9 dealer) to receive more than one handgun within any 30-

10 day period.

11 ‘‘(4) Under such rules and regulations as the Sec12 retary shall prescribe, paragraphs (2) and (3) shall not

13 apply to—

14 ‘‘(A) handguns transferred to or received by

15 qualified private security companies licensed to do

16 business within the State where the transfer occurs

17 for use by the company in its security operations,

18 provided that any handgun transferred under this

19 subsection is transferred through a licensed dealer

20 located in the State where the security company is

21 licensed to do business;

22 ‘‘(B) the disposition made of a handgun deliv23 ered to a person licensed under section 923 for the

24 sole purpose of repair or customizing when such

25 handgun or a replacement handgun of the same kind
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1 and type is returned to the person from whom it was

2 received;

3 ‘‘(C) the loan or rental of a single handgun

4 from a person licensed under section 923, provided

5 that the recipient possesses no more than one such

6 loaned or rented handgun at any one time;

7 ‘‘(D) the redemption of pawned handguns from

8 a person licensed under section 923 by the person

9 from whom the handguns were received;

10 ‘‘(E) the receipt of curio or relic handguns by

11 a licensed collector;

12 ‘‘(F) the receipt of a single handgun from a

13 person licensed under section 923 to replace a lost

14 or stolen handgun of the same kind or type, where

15 the transferee has submitted to the licensee a copy

16 of an official police report establishing the loss or

17 theft of a handgun or handguns;

18 ‘‘(G) the transfer of handguns by bequest;

19 ‘‘(H) the transfer of handguns to a member of

20 the transferor’s immediate family; (for purposes of

21 this section, the term ‘immediate family’ means the

22 transferor’s spouse, child, parent, stepparent, grand23 parent, grandchild, brother, or sister); or

24 ‘‘(I) the transfer of all or part of a personal

25 firearms collection (as that term is defined in regula-
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1 tions to be prescribed by the Secretary) that includes

2 handguns, provided that the handguns in the collec3 tion are transferred through a licensed importer,

4 manufacturer, or dealer located in the State where

5 the transferee resides.’’.

6 (b) PENALTIES.—Section 924(a)(2) of title 18,

7 United States Code, is amended by striking ‘‘or (o)’’ and

8 inserting ‘‘(o), or (bb)’’.

9 (c) INCREASED PENALTIES FOR LICENSEES WHO

10 KNOWINGLY MAKE FALSE STATEMENTS IN REQUIRED

11 RECORDS.—

12 (1) Section 924(a)(3) of title 18, United States

13 Code, is amended by striking ‘‘(A)’’, by striking

14 ‘‘or’’ after ‘‘chapter’’, by striking all of subsection

15 (B), and by striking ‘‘one year’’ and inserting ‘‘five

16 years’’.

17 (2) Section 924(a) of title 18, United States

18 Code, as amended by section 102(b) and (c) of this

19 Act, is amended by adding at the end the following:

20 ‘‘(9) Any licensed dealer, licensed importer, licensed

21 manufacturer, or licensed collector who knowingly violates

22 subsection (m) of section 922 shall be fined under this

23 title, imprisoned not more than one year, or both.’’.
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1 (d) CONFORMING CHANGES TO THE BRADY LAW.—

2 Section 922(t) of title 18, United States Code, as amended

3 by section 103(e) of this Act is amended—

4 (1) in paragraph (1)(B)(ii), by striking ‘‘(g) or

5 (n)’’ and inserting ‘‘(g), (n), or (bb)’’;

6 (2) in paragraph (2), by striking ‘‘(g) or (n)’’

7 and inserting ‘‘(g), (n), or (bb)’’;

8 (3) in paragraph (3), by striking subparagraph

9 (A) and redesignating subparagraphs (B) and (C) as

10 subparagraphs (A) and (B), respectively;

11 (4) in paragraph (4), by striking ‘‘(g) or (n)’’

12 and inserting ‘‘(g), (n), or (bb)’’; and

13 (5) by adding at the end the following:

14 ‘‘(10) A licensee must, within three days of receiving

15 a request from the prospective transferee, notify the na16 tional instant criminal background check system of any

17 background check conducted pursuant to this section with18 in the previous 30 days that did not result in the transfer

19 of a handgun.

20 ‘‘(11) Information that is retained pursuant to Public

21 Law 103–159 may be used to effectuate section 922(bb).’’.

22 (e) EFFECTIVE DATE.—The Secretary, in consulta23 tion with the Attorney General, shall determine, and pub24 lish in the Federal Register, the date on which this sub25 section shall become effective.
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1 SEC. 302. SECURE STORAGE OF FIREARMS INVENTORIES.

2 (a) STORAGE REQUIREMENTS.—Section 923 of title

3 18, United States Code is amended by adding at the end

4 the following:

5 ‘‘(m) It shall be unlawful for any licensed importer,

6 licensed manufacturer, or licensed dealer (other than a

7 dealer as defined in section 921(a)(11)(B)) to store any

8 firearms in their business inventory in a manner not in

9 conformity with regulations issued by the Secretary. In

10 issuing such regulations, the Secretary shall take into con11 sideration the type and quantity of the firearms to be

12 stored, as well as the standards of safety and security rec13 ognized in the firearms industry.’’.

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

15 States Code, as amended by section 203(b) of this Act,

16 is amended—

17 (1) in subsection (a)(1) by inserting ‘‘(o),’’ be18 fore ‘‘(p)’’; and

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

20 ‘‘(o) The Secretary may, after notice and opportunity

21 for hearing, suspend or revoke any license issued under

22 this chapter or may subject the licensee to a civil penalty

23 of not more than $10,000 if the holder of such license

24 has knowingly violated section 923(m). The Secretary’s

25 actions under this subsection may be reviewed only as pro26 vided in section 923(f).’’.
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1 (c) CONDITION OF LICENSING.—Section

2 923(d)(1)(F) of title 18, United States Code is amended—

3 (1) in clause (ii)(II), by striking ‘‘and’’ the sec4 ond place it appears;

5 (2) in clause (iii), by striking the period and in6 serting ‘‘; and’’; and

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

8 ‘‘(iv) within 30 days after the application is ap9 proved the firearms inventory of the business will be

10 stored in compliance with section 923(m) and regu11 lations issued thereunder; and’’.

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

13 this section shall be effective 180 days after the date of

14 enactment.

15 SEC. 303. REQUIRING THEFTS FROM COMMON CARRIERS

16 TO BE REPORTED.

17 (a) Section 922(f) of title 18, United States Code,

18 is amended by adding at the end the following:

19 ‘‘(3)(A) It shall be unlawful for any common or con20 tract carrier to fail to report the theft or loss of a firearm

21 within 48 hours after the theft or loss is discovered. The

22 theft or loss shall be reported to the Secretary and to the

23 appropriate local authorities.
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1 ‘‘(B) The Secretary may impose a civil fine of not

2 more than $10,000 on any person who knowingly violates

3 subparagraph (A).’’.

4 (b) Section 924(a)(1)(B) of title 18, United States

5 Code, is amended by striking ‘‘(f),’’ and inserting ‘‘(f)(1),

6 (f)(2),’’.

7 SEC. 304. INCREASING THE NUMBER OF ALLOWED COMPLI8 ANCE INSPECTIONS OF FIREARMS DEALERS.

9 Section 923(g)(1)(B)(ii)(I) of title 18, United States

10 Code, is amended by striking ‘‘once’’ and inserting in its

11 place ‘‘three times’’.

12 SEC. 305. TRANSFER OF FIREARM TO COMMIT A CRIME OF

13 VIOLENCE.

14 Section 924(h) of title 18, United States Code, is

15 amended by inserting ‘‘or having reasonable cause to be16 lieve’’ after ‘‘knowing’’.

17 SEC. 306. LICENSEE REPORTS OF SECONDHAND FIREARMS.

18 (a) IN GENERAL.—Section 923(g) of title 18, United

19 States Code, is amended by adding at the end the fol20 lowing new paragraph:

21 ‘‘(8) Licensed importers, licensed manufacturers, and

22 licensed dealers shall submit to the Secretary monthly re23 ports of all firearms obtained from non-licensees. Such in24 formation shall be reported on a form to be specified by

25 the Secretary by regulation. Such reports shall not include
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1 the name of or identifying information about the firearm

2 transferors or subsequent purchasers.’’.

3 (b) EFFECTIVE DATE.—This section shall be effec4 tive 180 days after the date of the enactment of this Act.

5 SEC. 307. VOLUNTARY SUBMISSION OF DEALER’S RECORDS.

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

7 amended to read as follows:

8 ‘‘(4) Where a firearms or ammunition business is dis9 continued and succeeded by a new licensee, the records

10 required to be kept by this chapter shall appropriately re11 flect such facts and shall be delivered to the successor.

12 Upon receipt of such records the successor licensee may

13 retain the records of the discontinued business or submit

14 the discontinued business records to the Secretary. Addi15 tionally, a licensee while maintaining a firearms business

16 may voluntarily submit the records required to be kept by

17 this chapter to the Secretary if such records are at least

18 20 years old. Where discontinuance of the business is ab19 solute, such records shall be delivered within thirty days

20 after the business is discontinued to the Secretary. Where

21 State law or local ordinance requires the delivery of

22 records to another responsible authority, the Secretary

23 may arrange for the delivery of such records to such other

24 responsible authority.’’.
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1 Subtitle B—Enhancing Penalties

2 for Gun Trafficking

3 SEC. 308. INCREASING PENALTIES ON GUN KINGPINS.

4 (a) INCREASING THE PENALTY FOR ENGAGING IN AN

5 ILLEGAL FIREARMS BUSINESS.—Section 924(a)(2) of

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

7 301(b) of this Act, is amended to read as follows:

8 ‘‘(2) Whoever—

9 ‘‘(A) knowingly violates subsection (a)(6), (d),

10 (g), (h), (i), (j), (o), or (bb) of section 922; or

11 ‘‘(B) willfully violates subsection (a)(1) of sec12 tion 922,

13 shall be fined as provided in this title, imprisoned not more

14 than 10 years, or both.’’.

15 (b) SENTENCING GUIDELINES INCREASE FOR CER16 TAIN VIOLATIONS AND OFFENSES.—Pursuant to its au17 thority under section 994(p) of title 28, United States

18 Code, the United States Sentencing Commission shall—

19 (1) review and amend the Federal sentencing

20 guidelines to provide an appropriate enhancement

21 for a violation of 18 U.S.C. section 922(a)(1); and

22 (2) review and amend the Federal sentencing

23 guidelines to provide additional sentencing increases,

24 as appropriate, for offenses involving more than 50

25 firearms.
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1 The Commission shall promulgate the amendments pro2 vided for under this subsection as soon as is practicable

3 in accordance with the procedure set forth in section 21(a)

4 of the Sentencing Act of 1987, as though the authority

5 under that Act had not expired.

6 SEC. 309. SERIOUS RECORDKEEPING OFFENSES THAT AID

7 GUN TRAFFICKING.

8 Section 924(a)(3) of title 18, United States Code, as

9 amended by section 301(c)(1) of this Act, is amended by

10 striking the period and inserting ‘‘; but if the violation

11 is in relation to an offense under subsection (a)(6) or (d)

12 of section 922, shall be fined under this title, imprisoned

13 not more than ten years, or both.’’.

14 SEC. 310. SUSPENSION OF FIREARMS DEALER’S LICENSE

15 AND CIVIL PENALTIES FOR VIOLATIONS OF

16 THE GUN CONTROL ACT.

17 Subsections (e) and (f) of section 923 of title 18,

18 United States Code, are amended to read as follows:

19 ‘‘(e) The Secretary may, after notice and opportunity

20 for hearing, suspend or revoke any license issued under

21 this section, or may subject the licensee to a civil penalty

22 of not more than $10,000 per violation, if the holder of

23 such license has willfully violated any provision of this

24 chapter or any rule or regulation prescribed by the Sec25 retary under this chapter. The Secretary may, after notice
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1 and opportunity for hearing, suspend or revoke the license

2 of, or assess a civil penalty of not more than $10,000 on,

3 a dealer who willfully transfers armor piercing ammuni4 tion. The Secretary may at any time compromise, miti5 gate, or remit the liability with respect to any willful viola6 tion of this chapter or any rule or regulation prescribed

7 by the Secretary under this chapter. The Secretary’s ac8 tions under this subsection may be reviewed only as pro9 vided in subsection (f) of this section.

10 ‘‘(f)(1) Any person whose application for a license is

11 denied and any holder of a license which is suspended or

12 revoked or who is assessed a civil penalty shall receive a

13 written notice from the Secretary stating specifically the

14 grounds upon which the application was denied or upon

15 which the license was suspended or revoked or the civil

16 penalty assessed. Any notice of a suspension or revocation

17 of a license shall be given to the holder of such license

18 before the effective date of the suspension or revocation.

19 ‘‘(2) If the Secretary denies an application for a li20 cense, or suspends or revokes a license, or assesses a civil

21 penalty, he shall, upon request by the aggrieved party,

22 promptly hold a hearing to review his denial, suspension,

23 revocation, or assessment. In the case of a suspension or

24 revocation of a license, the Secretary shall, upon the re25 quest of the holder of the license, stay the effective date
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1 of the suspension or revocation. A hearing under this

2 paragraph shall be held at a location convenient to the

3 aggrieved party.

4 ‘‘(3) If after a hearing held under paragraph (2) the

5 Secretary decides not to reverse his decision to deny an

6 application or suspend or revoke a license or assess a civil

7 penalty, the Secretary shall give notice of his decision to

8 the aggrieved party. The aggrieved party may at any time

9 within sixty days after the date notice was given under

10 this paragraph file a petition with the United States dis11 trict court for the district in which he resides or has his

12 principal place of business for a de novo judicial review

13 of such denial, suspension, revocation, or assessment. In

14 a proceeding conducted under this subsection, the court

15 may consider any evidence submitted by the parties to the

16 proceeding whether or not such evidence was considered

17 at the hearing held under paragraph (2). If the court de18 cides that the Secretary was not authorized to deny the

19 application or to suspend or revoke the license or to assess

20 the civil penalty, the court shall order the Secretary to

21 take such action as may be necessary to comply with the

22 judgment of the court.’’.
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1 SEC. 311. TERMINATION OF FIREARMS DEALER’S LICENSE

2 UPON FELONY CONVICTION.

3 Section 925(b) of title 18, United States Code, is

4 amended by striking ‘‘until any conviction pursuant to the

5 indictment becomes final’’ and inserting ‘‘until the date

6 of any conviction pursuant to the indictment’’.

7 SEC. 312. INCREASED PENALTY FOR TRANSACTIONS IN8 VOLVING FIREARMS WITH OBLITERATED SE9 RIAL NUMBERS.

10 Section 924(a) of title 18, United States Code, is

11 amended—

12 (1) in paragraph (1)(B), by striking ‘‘(k),’’; and

13 (2) in paragraph (2), by inserting ‘‘(k),’’ after

14 ‘‘(j),’’.

15 SEC. 313. FORFEITURE FOR GUN TRAFFICKING.

16 (a) CIVIL FORFEITURE.—Section 981(a)(1) of title

17 18, United States Code, is amended by adding at the end

18 the following:

19 ‘‘(G)(i) Any conveyance used or intended to be

20 used to commit a gun trafficking offense, or con21 spiracy to commit such offense, and any property

22 traceable to such property.

23 ‘‘(ii) For the purposes of this section, a gun

24 trafficking offense is a violation of any of the fol25 lowing sections of this title involving five or more

26 firearms: section 922(i) (transporting stolen fire-
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1 arms); section 924(g) (travel with a firearm in fur2 therance of racketeering); section 924(l) (stealing a

3 firearm); and section 924(n) (interstate travel to

4 promote firearms trafficking).’’.

5 (b) CRIMINAL FORFEITURE.—Section 982(a) of title

6 18, United States Code, is amended by adding at the end

7 the following:

8 ‘‘(9) The court, in imposing a sentence on a person

9 convicted of a gun trafficking offense, as defined in section

10 981(a)(1)(G), or a conspiracy to commit such offense,

11 shall order the person to forfeit to the United States any

12 conveyance used or intended to be used to commit such

13 offense, and any property traceable to such conveyance.’’.

14 SEC. 314. AUTHORIZATION OF APPRORIATIONS.

15 There are authorized to be appropriated such sums

16 as may be necessary to carry out this title.

17 TITLE IV—STRENGTHENING THE

18 ASSAULT WEAPONS BAN

19 SEC. 401. BAN ON IMPORTING LARGE CAPACITY AMMUNI20 TION FEEDING DEVICES.

21 (a) Section 922(w) of title 18, United States Code,

22 is amended —

23 (1) in paragraph (1), by striking ‘‘(1) Except as

24 provided in paragraph (2)’’ and inserting ‘‘(1)(A)

25 Except as provided in subparagraph (B)’’;
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1 (2) in paragraph (2), by striking ‘‘(2) Para2 graph (1)’’ and inserting ‘‘(B) Subparagraph (A)’’;

3 (3) in paragraph (1)(B) (as so redesignated by

4 paragraph (2) of this subsection)—

5 (A) by inserting ‘‘in the United States’’

6 after ‘‘possessed’’; and

7 (B) by inserting before the period the fol8 lowing: ‘‘or lawfully imported on or before the

9 date of the enactment of the Youth Gun Crime

10 Enforcement Act of 1999’’;

11 (4) by inserting before paragraph (3) the fol12 lowing:

13 ‘‘(2) Except as provided in paragraph (3), it shall be

14 unlawful for any person to import a large capacity ammu15 nition feeding device.’’; and

16 (5) in paragraph (4)—

17 (A) by striking ‘‘(1)’’ each place it appears

18 and inserting ‘‘(1)(A)’’; and

19 (B) by striking ‘‘(2)’’ and inserting

20 ‘‘(1)(B)’’.

21 (b) Section 921(a)(31) of title 18, United States

22 Code, is amended by striking ‘‘manufactured after the

23 date of enactment of the Violent Crime Control and Law

24 Enforcement Act of 1994’’.
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1 TITLE V—COMBATING CRIMINAL

2 MISUSE OF FIREARMS

3 SEC. 501. CERTAIN GANG-RELATED FIREARMS OFFENSES

4 AS RICO PREDICATES.

5 Section 1961(1) of title 18, United States Code, is

6 amended by inserting after ‘‘891-894 (relating to extor7 tionate credit transactions),’’ the following: ‘‘section

8 924(a) insofar as such offense is a violation of section

9 922(a)(1), (a)(6), (i), (j), (k), (o), (q), (u), (v), or (x)(1),

10 or section 924(b), (g), (h), (k), (l), (m), or (n) (relating

11 to firearms violations),’’.

12 SEC. 502. INCREASED PENALTY FOR FIREARMS CON13 SPIRACY.

14 Section 924 of title 18, United States Code, is further

15 amended by adding at the end the following:

16 ‘‘(q) Except as otherwise provided in this section, a

17 person who conspires to commit an offense defined in this

18 chapter shall be subject to the same penalties (other than

19 the penalty of death) as those prescribed for the offense

20 the commission of which is the object of the conspiracy.’’.

21 SEC. 503. GUN CONVICTIONS AS PREDICATE CRIMES FOR

22 ARMED CAREER CRIMINAL ACT.

23 (a) Section 924(e)(1) of title 18, United States Code,

24 is amended—
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1 (1) by striking ‘‘violent felony or a serious drug

2 offense, or both,’’ and inserting ‘‘violent felony, a se3 rious drug offense or a violation of section

4 922(g)(1), or a combination of such offenses,’’; and

5 (2) by adding at the end the following: ‘‘No

6 more than two convictions for violations of section

7 922(g)(1) shall be considered in determining wheth8 er a person has three previous convictions for pur9 poses of this subsection.’’.

10 SEC. 504. SERIOUS JUVENILE DRUG TRAFFICKING OF11 FENSES AS ARMED CAREER CRIMINAL ACT

12 PREDICATES.

13 Section 924(e)(2)(C) of title 18, United States Code,

14 is amended by inserting ‘‘or serious drug offense’’ after

15 ‘‘violent felony’’.

16 SEC. 505. LIMITATION PERIOD FOR NATIONAL FIREARMS

17 ACT PROSECUTIONS.

18 Section 6531 of the Internal Revenue Code of 1986

19 (26 U.S.C. 6531) is amended by amending the matter pre20 ceding paragraph (1) to read as follows:

21 ‘‘No person shall be prosecuted, tried, or punished

22 for any of the various offenses arising under the internal

23 revenue laws unless the indictment is found or the infor24 mation instituted within 3 years next after the commission

25 of the offense, except that the period of limitation—
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1 ‘‘(a) shall be 5 years for offenses described in section

2 5861 (relating to firearms); and

3 ‘‘(b) shall be 6 years—

4 SEC. 506. FORFEITURE OF FIREARMS USED IN CRIMES OF

5 VIOLENCE AND FELONIES.

6 (a) CIVIL FORFEITURE.—Section 981(a)(1) of title

7 18, United States Code, is further amended by inserting

8 after subparagraph (G) the following:

9 ‘‘(H) Any firearm (as defined in section

10 921(a)(3) of this title) used or intended to be used

11 to commit or to facilitate the commission of any

12 crime of violence (as defined in section 16 of this

13 title) or any felony under Federal law.’’.

14 (b) CRIMINAL FORFEITURE.—Section 982(a) of title

15 18, United States Code, is amended by inserting after

16 paragraph (9) the following:

17 ‘‘(10) The court, in imposing a sentence on a person

18 convicted of any crime of violence (as defined in section

19 16 of this title) or any felony under Federal law, shall

20 order that the person forfeit to the United States any fire21 arm (as defined in section 921(a)(3) of this title) used

22 or intended to be used to commit or to facilitate the com23 mission of the offense.’’.
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1 (c) DISPOSAL OF PROPERTY.—Section 981(c) of title

2 18, United States Code, is amended by adding at the end

3 the following flush sentence:

4 ‘‘Any firearm forfeited pursuant to subsection (a)(1)(H)

5 or section 982(a)(10) of this title shall be disposed of by

6 the seizing agency in accordance with law.’’.

7 (d) AUTHORITY TO FORFEIT PROPERTY UNDER

8 SECTION 924(d).—Section 924(d) of title 18, United

9 States Code, is amended by adding at the end the fol10 lowing:

11 ‘‘(4) Whenever any firearm is subject to forfeiture

12 under this section, the Secretary of the Treasury shall

13 have the authority to seize and forfeit, in accordance with

14 the procedures of the applicable forfeiture statute, any

15 property otherwise forfeitable under the laws of the United

16 States that was involved in or derived from the crime of

17 violence or drug trafficking crime described in subsection

18 (c) in which the forfeited firearm was used or carried.’’.

19 (e) 120-DAY RULE FOR ADMINISTRATIVE FOR20 FEITURE.—Section 924(d)(1) of title 18, United States

21 Code, is amended by adding ‘‘administrative’’ after ‘‘Any’’

22 in the last sentence.

23 (f) SECTION 3665.—Section 3665 of title 18, United

24 States Code, is amended—
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1 (1) by redesignating the first undesignated

2 paragraph as subsection (a)(1) and the second un3 designated paragraph as subsection (a)(2); and

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

5 ‘‘(b) The forfeiture of property under this section, in6 cluding any seizure and disposition of the property and

7 any related administrative or judicial proceeding, shall be

8 governed by the provisions of section 413 of the Com9 prehensive Drug Abuse Prevention and Control Act of

10 1970 (21 U.S.C. 853), except for subsection 413(d) which

11 shall not apply to forfeitures under this section.’’.

12 SEC 507. SEPARATE LICENSES FOR GUNSMITHS.

13 (a) Section 921(a)(11) of title 18, United States

14 Code, is amended to read as follows:

15 ‘‘(11) The term ‘dealer’ means (A) any person en16 gaged in the business as a firearms dealer, (B) any person

17 engaged in the business as a gunsmith, or (C) any person

18 who is a pawnbroker. The term ‘licensed dealer’ means

19 any dealer who is licensed under the provisions of this

20 chapter.’’.

21 (b) Section 921(a) of title 18, United States Code,

22 is amended by redesignating paragraphs (12) through

23 (33) as paragraphs (14) through (35), and by inserting

24 after paragraph (11) the following:
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1 ‘‘(12) The term ‘firearms dealer’ means any

2 person who is engaged in the business of selling fire3 arms at wholesale or retail.

4 ‘‘(13) The term ‘gunsmith’ means any person

5 who, other than a licensed firearms manufacturer,

6 importer or dealer, is engaged in the business of re7 pairing firearms or of making or fitting special bar8 rels, stocks or trigger mechanisms to firearms.’’.

9 (c) Section 923(a)(3) of title 18, United States Code

10 is amended to read as follows:

11 ‘‘(3) If the applicant is a dealer who is—

12 ‘‘(A) a dealer in destructive devices or am13 munition for destructive devices, a fee of $1,000

14 per year;

15 ‘‘(B) a dealer in firearms who is not a

16 dealer in destructive devices, a fee of $200 for

17 3 years, except that the fee for renewal of a

18 valid license shall be $90 for 3 years; or

19 ‘‘(C) a gunsmith, a fee of $100 for 3

20 years, except that the fee for renewal of a valid

21 license shall be $50 for 3 years.’’.
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1 TITLE VI—ENHANCED FIREARMS

2 ENFORCEMENT

3 SEC. 601. ADDITIONAL SUPPORT FOR ENHANCED FIRE4 ARMS PROSECUTION PROJECTS.

5 To provide additional funding for intensive firearms

6 prosecution projects implemented by the Department of

7 Justice, there are authorized to be appropriated

8 $5,000,000 for fiscal year 2000.

9 SEC. 602. YOUTH CRIME GUN INTERDICTION INITIATIVE

10 (YCGII).

11 (a) IN GENERAL.—The Secretary of the Treasury

12 shall expand—

13 (1) to 75 the number of city and county law en14 forcement agencies that through the Youth Crime

15 Gun Interdiction Initiative (referred to in this sec16 tion as ‘‘YGCII’’) submit identifying information re17 lating to all firearms recovered during law enforce18 ment investigations, including from individuals

19 under age 25, to the Secretary of the Treasury to

20 identify the types and origins of such firearms; and

21 (2) the resources devoted to law enforcement

22 investigations of illegal youth possessors and users

23 and of illegal firearms traffickers identified through

24 YCGII, including through the hiring of additional
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1 agents, inspectors, intelligence analysts and support

2 personnel.

3 (b) SELECTION OF PARTICIPANTS.—The Secretary of

4 the Treasury, in consultation with Federal, State, and

5 local law enforcement officials, shall select cities and coun6 ties for participation in the program established under this

7 section.

8 (c) ESTABLISHMENT OF SYSTEM.—The Secretary of

9 the Treasury shall establish a system through which State

10 and local law enforcement agencies, through on-line com11 puter technology, can promptly provide firearms-related

12 information to the Secretary of the Treasury and access

13 information derived through YCGII as soon as such capa14 bility is available. Not later than 6 months after the date

15 of enactment of this Act, the Secretary shall submit to

16 the Chairman and Ranking Member of the Committees on

17 Appropriations of the House of Representatives and the

18 Senate, a report explaining the capacity to provide such

19 on-line access and the future technical and, if necessary,

20 legal changes required to make such capability available,

21 including cost estimates.

22 (d) REPORT.—Not later than one year after the date

23 of enactment of this section, and annually thereafter, the

24 Secretary of the Treasury shall submit to the Chairman

25 and Ranking Member of the Committees on Appropria-
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1 tions of the House of Representatives and the Senate a

2 report regarding the types and sources of firearms recov3 ered from individuals, including those under the age of

4 25; regional, State and national firearms trafficking

5 trends; and the number of investigations and arrests re6 sulting from YCGII.

7 (e) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated to the Department of

9 the Treasury to carry out this section such sums as may

10 be necessary for fiscal years 2001 through 2004.

11 TITLE VII—COMBATING CRIMI12 NAL MISUSE OF EXPLOSIVES

13 SEC. 701. PERMITS AND BACKGROUND CHECKS FOR PUR14 CHASES OF EXPLOSIVES.

15 (a) PERMITS FOR PURCHASE OF EXPLOSIVES IN

16 GENERAL.—Section 842 of title 18, United States Code,

17 is amended—

18 (1) by amending subparagraphs (A) and (B) of

19 subsection (a)(3) to read as follows:

20 ‘‘(A) to transport, ship, cause to be trans21 ported, or receive any explosive materials; or

22 ‘‘(B) to distribute explosive materials to

23 any person other than a licensee or permittee.’’;

24 and

25 (2) in subsection (b)—
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1 (A) by adding ‘‘or’’ at the end of para2 graph (1);

3 (B) by striking ‘‘; or’’ at the end of para4 graph (2) and inserting a period; and

5 (C) by striking paragraph (3).

6 (b) BACKGROUND CHECKS.—Section 842 of title 18,

7 United States Code, is amended by adding at the end the

8 following:

9 ‘‘(p)(1) A licensed importer, licensed manufacturer,

10 or licensed dealer shall not transfer explosive materials to

11 any other person who is not a licensee under section 843

12 of this chapter unless—

13 ‘‘(A) before the completion of the transfer, the

14 licensee contacts the national instant criminal back15 ground check system established under section

16 103(d) of the Brady Handgun Violence Prevention

17 Act;

18 ‘‘(B)(i) the system provides the licensee with a

19 unique identification number; or

20 ‘‘(ii) 5 business days (meaning a day on which

21 State offices are open) have elapsed since the li22 censee contacted the system, and the system has not

23 notified the licensee that the receipt of explosive ma24 terials by such other person would violate subsection

25 (i) of this section;
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1 ‘‘(C) the transferor has verified the identity of

2 the transferee by examining a valid identification

3 document (as defined in section 1038(d)(1) of this

4 title) of the transferee containing a photograph of

5 the transferee; and

6 ‘‘(D) the transferor has examined the permit

7 issued to the transferee pursuant to section 843 of

8 this title and recorded the permit number on the

9 record of the transfer.

10 ‘‘(2) If receipt of explosive materials would not violate

11 section 842(i) or State law, the system shall—

12 ‘‘(A) assign a unique identification number to

13 the transfer; and

14 ‘‘(B) provide the licensee with the number.

15 ‘‘(3) Paragraph (1) shall not apply to the transfer

16 of explosive materials between a licensee and another per17 son if on application of the transferor, the Secretary has

18 certified that compliance with paragraph (1)(A) is imprac19 ticable because—

20 ‘‘(A) the ratio of the number of law enforce21 ment officers of the State in which the transfer is

22 to occur to the number of square miles of land area

23 of the State does not exceed 0.0025;

24 ‘‘(B) the business premises of the licensee at

25 which the transfer is to occur are extremely remote
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1 in relation to the chief law enforcement officer (as

2 defined in subsection (p)(8)); and

3 ‘‘(C) there is an absence of telecommunications

4 facilities in the geographical area in which the busi5 ness premises are located.

6 ‘‘(4) If the national instant criminal background

7 check system notifies the licensee that the information

8 available to the system does not demonstrate that the re9 ceipt of explosive materials by such other person would

10 violate subsection (i) or State law, and the licensee trans11 fers explosive materials to such other person, the licensee

12 shall include in the record of the transfer the unique iden13 tification number provided by the system with respect to

14 the transfer.

15 ‘‘(5) If the licensee knowingly transfers explosive ma16 terials to such other person and knowingly fails to comply

17 with paragraph (1) of this subsection with respect to the

18 transfer, the Secretary may, after notice and opportunity

19 for a hearing, suspend for not more than 6 months or re20 voke any license issued to the licensee under section 843

21 and may impose on the licensee a civil fine of not more

22 than $5,000.

23 ‘‘(6) Neither a local government nor an employee of

24 the Federal Government or of any State or local govern25 ment, responsible for providing information to the national
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1 instant criminal background check system shall be liable

2 in an action at law for damages—

3 ‘‘(A) for failure to prevent the sale or transfer

4 of explosive materials to a person whose receipt or

5 possession of the explosive materials is unlawful

6 under this section; or

7 ‘‘(B) for preventing such a sale or transfer to

8 a person who may lawfully receive or possess explo9 sive materials.’’.

10 (c) ADMINISTRATIVE PROVISIONS.—

11 (1) WRITTEN REASONS PROVIDED ON RE12 QUEST.—If the national instant criminal background

13 check system determines that an individual is ineli14 gible to receive explosive materials and the individual

15 requests the system to provide the reasons for the

16 determination, the system shall provide such reasons

17 to the individual, in writing, within 5 business days

18 after the date of the request.

19 (2) CORRECTION OF ERRONEOUS SYSTEM IN20 FORMATION.—If the system established under sub21 section (b) of section 1 informs an individual con22 tacting the system that receipt of explosive materials

23 by a prospective transferee would violate subsection

24 (i) of section 842 of title 18, United States Code, or

25 State law, the prospective transferee may request
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1 the Attorney General to provide the prospective

2 transferee with the reasons therefor. Upon receipt of

3 such a request, the Attorney General shall imme4 diately comply with the request. The prospective

5 transferee may submit to the Attorney General in6 formation to correct, clarify, or supplement records

7 of the system with respect to the prospective trans8 feree. After receipt of such information, the Attorney

9 General shall immediately consider the information,

10 investigate the matter further, and correct all erro11 neous Federal records relating to the prospective

12 transferee and give notice of the error to any Fed13 eral department or agency or any State that was the

14 source of such erroneous records.

15 (d) REMEDY FOR ERRONEOUS DENIAL OF EXPLO16 SIVE MATERIALS.—

17 (1) IN GENERAL.—Chapter 40 of title 18,

18 United States Code, is amended by inserting after

19 section 843 the following:

20 ‘‘§ 843A. Remedy for erroneous denial of explosive

21 materials

22 ‘‘Any person denied explosive materials pursuant to

23 subsection (p) of section 842—

24 ‘‘(1) due to the provision of erroneous informa25 tion relating to the person by any State or political
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1 subdivision thereof, or by the national instant crimi2 nal background check system established under sec3 tion 103 of the Brady Handgun Violence Prevention

4 Act; or

5 ‘‘(2) who was not prohibited from receipt of ex6 plosive materials pursuant to subsection (i) of sec7 tion 842, may bring an action against the State or

8 political subdivision responsible for providing the er9 roneous information, or responsible for denying the

10 transfer, or against the United States, as the case

11 may be, for an order directing that the erroneous in12 formation be corrected or that the transfer be ap13 proved, as the case may be. In any action under this

14 section, the court, in its discretion, may allow the

15 prevailing party a reasonable attorney’s fee as part

16 of the costs.’’.

17 (2) TECHNICAL AMENDMENT.—The section

18 analysis for chapter 40 of title 18, United States

19 Code, is amended by inserting after the item relating

20 to section 843 the following:

‘‘843A. Remedy for erroneous denial of explosive materials.’’.

21 (e) REGULATIONS.—

22 (1) IN GENERAL.—Not later than 6 months

23 after the date of the enactment of this Act, the Sec24 retary of the Treasury shall issue final regulations
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1 with respect to the amendments made by subsection

2 (a).

3 (2) NOTICE TO STATES.—On the issuance of

4 regulations pursuant to paragraph (1), the Secretary

5 of the Treasury shall notify the States of the regula6 tions so that the States may consider revising their

7 explosives laws.

8 (f) LICENSES AND USER PERMITS.—Section 843(a)

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

10 (1) by inserting ‘‘, including fingerprints and a

11 photograph of the applicant’’ before the period at

12 the end of the first sentence; and

13 (2) by striking the second sentence and insert14 ing, ‘‘Each applicant for a license shall pay for each

15 license a fee established by the Secretary that shall

16 not exceed $300. Each applicant for a permit shall

17 pay for each permit a fee established by the Sec18 retary that shall not exceed $100.’’.

19 (g) PENALTIES.—Section 844 of title 18, United

20 States Code, is amended—

21 (1) by redesignating subsection (a) as sub22 section (a)(1); and

23 (2) by inserting after subsection (a)(1) the fol24 lowing new paragraph:
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1 ‘‘(2) Any person who violates subsection (p) of section

2 842 shall be fined under this title, imprisoned for not more

3 than 5 years, or both.’’.

4 (h) EFFECTIVE DATE.—The amendments made by

5 subsections (a), (b), (c), (d), and (g) shall take effect 18

6 months after the date of enactment of the Act.

7 SEC. 702. PERSONS PROHIBITED FROM RECEIVING OR POS8 SESSING EXPLOSIVES.

9 (a) DISTRIBUTION OF EXPLOSIVES.—Section 842(d)

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

11 (1) in paragraph (5), by striking ‘‘or’’ at the

12 end;

13 (2) in paragraph (6), by striking the period and

14 inserting ‘‘or who has been committed to a mental

15 institution;’’; and

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

17 ‘‘(7) being an alien—

18 ‘‘(A) is illegally or unlawfully in the United

19 States; or

20 ‘‘(B) except as provided in subsection

21 (q)(2), has been admitted to the United States

22 under a nonimmigrant visa (as that term is de23 fined in section 101(a)(26) of the Immigration

24 and Nationality Act (8 U.S.C. 1101(a)(26)));
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1 ‘‘(8) has been discharged from the Armed

2 Forces under dishonorable conditions;

3 ‘‘(9) having been a citizen of the United States,

4 has renounced his citizenship; and

5 ‘‘(10) is subject to a court order that—

6 ‘‘(A) was issued after a hearing of which

7 such person received actual notice, and at which

8 such person had an opportunity to participate;

9 ‘‘(B) restrains such person from harassing,

10 stalking, or threatening an intimate partner of

11 such person or child of such intimate partner or

12 person, or engaging in other conduct that would

13 place an intimate partner in reasonable fear of

14 bodily injury to the partner or child; and

15 ‘‘(C)(i) includes a finding that such person

16 represents a credible threat to the physical safe17 ty of such intimate partner or child; or

18 ‘‘(ii) by its terms explicitly prohibits the

19 use, attempted use, or threatened use of phys20 ical force against such intimate partner or child

21 that would reasonably be expected to cause bod22 ily injury;

23 ‘‘(11) has been convicted in any court of a mis24 demeanor crime of domestic violence; or

25 ‘‘(12) has been adjudicated delinquent.’’.
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1 (b) POSSESSION OF EXPLOSIVES.—Section 842(i) of

2 title 18, United States Code, is amended—

3 (1) in paragraph (3), by striking ‘‘or’’ at the

4 end; and

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

6 ‘‘(5) who, being an alien—

7 ‘‘(A) is illegally or unlawfully in the United

8 States; or

9 ‘‘(B) except as provided in subsection

10 (q)(2), has been admitted to the United States

11 under a non-immigrant visa (as that term is de12 fined in section 101(a)(26) of the Immigration

13 and Nationality Act (8 U.S.C. 1101(a)(26)));

14 ‘‘(6) who has been discharged from the Armed

15 Forces under dishonorable conditions;

16 ‘‘(7) who, having been a citizen of the United

17 States, has renounced his citizenship;

18 ‘‘(8) who is subject to a court order that—

19 ‘‘(A) was issued after a hearing of which

20 such person received actual notice, and at which

21 such person had an opportunity to participate;

22 ‘‘(B) restrains such person from harassing,

23 stalking, or threatening an intimate partner of

24 such person or child of such intimate partner or

25 person, or engaging in other conduct that would
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1 place an intimate partner in reasonable fear of

2 bodily injury to the partner or child; and

3 ‘‘(C)(i) includes a finding that such person

4 represents a credible threat to the physical safe5 ty of such intimate partner or child; or

6 ‘‘(ii) by its terms explicitly prohibits the

7 use, attempted use, or threatened use of phys8 ical force against such intimate partner or child

9 that would reasonably be expected to cause bod10 ily injury;

11 ‘‘(9) who has been convicted in any court of a

12 misdemeanor crime of domestic violence; or

13 ‘‘(10) who has been adjudicated delinquent.’’.

14 (c) DEFINITION.—Section 841 of title 18, United

15 States Code, is amended by adding at the end the fol16 lowing:

17 ‘‘(r)(1) Except as provided in paragraph (2), the term

18 ‘misdemeanor crime of domestic violence’ means an of19 fense that—

20 ‘‘(A) is a misdemeanor under Federal or State

21 law; and

22 ‘‘(B) has, as an element, the use or attempted

23 use of physical force, or the threatened use of a

24 deadly weapon, committed by a current or former

25 spouse, parent, or guardian of the victim, by a per-
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1 son with whom the victim shares a child in common,

2 by a person who is cohabiting with or has cohabited

3 with the victim as a spouse, parent, or guardian, or

4 by a person similarly situated to a spouse, parent,

5 or guardian of the victim.

6 ‘‘(2)(A) A person shall not be considered to have been

7 convicted of such an offense for purposes of this chapter,

8 unless—

9 ‘‘(i) the person was represented by counsel in

10 the case, or knowingly and intelligently waived the

11 right to counsel in the case; and

12 ‘‘(ii) in the case of a prosecution for an offense

13 described in this paragraph for which a person was

14 entitled to a jury trial in the jurisdiction in which

15 the case was tried—

16 ‘‘(I) the case was tried by a jury; or

17 ‘‘(II) the person knowingly and intel18 ligently waived the right to have the case tried

19 by jury, by guilty plea or otherwise.

20 ‘‘(B) A person shall not be considered to have been

21 convicted of such an offense for purposes of this chapter

22 if the conviction has been expunged or set aside, or is an

23 offense for which the person has been pardoned or has

24 had civil rights restored (if the law of the applicable juris25 diction provides for the loss of civil rights under such an
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1 offense) unless the pardon, expungement, or restoration

2 of civil rights expressly provides that the person may not

3 ship, transport, possess, or receive firearms.

4 ‘‘(s) ‘Adjudicated delinquent’ means an adjudication

5 of delinquency based upon a finding of the commission of

6 an act by a person prior to his or her eighteenth birthday

7 that, if committed by an adult, would be a serious drug

8 offense or violent felony (as defined in section 3559(c)(2)

9 of this title), on or after the date of enactment of this

10 paragraph.’’.

11 (d) ALIENS ADMITTED UNDER NONIMMIGRANT

12 VISAS.—Section 842 is amended by adding at the end the

13 following:

14 ‘‘(r) PROVISIONS RELATING TO ALIENS ADMITTED

15 UNDER NONIMMIGRANT VISAS.—

16 ‘‘(1) DEFINITIONS.—In this subsection—

17 ‘‘(A) the term ‘alien’ has the same mean18 ing as in section 101(a)(3) of the Immigration

19 and Nationality Act (8 U.S.C. 1101(a)(3)); and

20 ‘‘(B) the term ‘nonimmigrant visa’ has the

21 same meaning as in section 101(a)(26) of the

22 Immigration and Nationality Act (8 U.S.C.

23 1101(a)(26)).

24 ‘‘(2) EXCEPTION.—Sections (d)(7)(B) and

25 (i)(5)(B) do not apply to any alien who has been
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1 lawfully admitted to the United States under a non2 immigrant visa, if that alien is a foreign law enforce3 ment officer of a friendly foreign government enter4 ing the United States on official law enforcement

5 business.

6 ‘‘(3) WAIVER.—

7 ‘‘(A) CONDITIONS FOR WAIVER.—Any indi8 vidual who has been admitted to the United

9 States under a nonimmigrant visa may receive

10 a waiver from the requirements of subsection

11 (i)(5)(B), if—

12 ‘‘(i) the individual submits to the At13 torney General a petition that meets the

14 requirements of subparagraph (C); and

15 ‘‘(ii) the Attorney General approves

16 the petition.

17 ‘‘(B) PETITION.—Each petition under sub18 paragraph (B) shall—

19 ‘‘(i) demonstrate that the petitioner

20 has resided in the United States for a con21 tinuous period of not less than 180 days

22 before the date on which the petition is

23 submitted under this paragraph; and

24 ‘‘(ii) include a written statement from

25 the embassy or consulate of the petitioner,
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1 authorizing the petitioner to acquire explo2 sives and certifying that the alien would

3 not, absent the application of subsection

4 (i)(5)(B), otherwise be prohibited from

5 such an acquisition under subsection (i).

6 ‘‘(C) APPROVAL OF PETITION.—The Attor7 ney General shall approve a petition submitted

8 in accordance with this paragraph, if the Attor9 ney General determines that waiving the re10 quirements of subsection (i)(5)(B) with respect

11 to the petitioner—

12 ‘‘(i) would be in the interests of jus13 tice; and

14 ‘‘(ii) would not jeopardize the public

15 safety.’’.

16 (e) CONFORMING AMENDMENT.—Section 845 of title

17 18, United States Code, is amended by adding at the end

18 the following:

19 ‘‘(d) Notwithstanding any other provision of this sec20 tion, no person convicted of a misdemeanor crime of do21 mestic violence may ship or transport any explosive mate22 rials in interstate or foreign commerce or to receive or pos23 sess any explosive materials which have been shipped or

24 transported in interstate or foreign commerce.’’.
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1 SEC. 703. PROHIBITING POSSESSION OF EXPLOSIVES BY

2 JUVENILES.

3 Section 842 of title 18, United States Code, is

4 amended by adding at the end the following:

5 ‘‘(r)(1) It shall be unlawful for any person who is

6 under 21 years of age to ship or transport any explosive

7 materials in interstate or foreign commerce or to receive

8 or possess any explosive materials which has been shipped

9 or transported in interstate or foreign commerce.’’.

10 ‘‘(2) This subsection shall not apply to commercially

11 manufactured black powder in bulk quantities not to ex12 ceed five pounds, and if the person is less than 18 years

13 of age, the person has the prior written consent of the

14 person’s parents or guardian who is not prohibited by Fed15 eral, State, or local law from possessing explosive mate16 rials, and the person has the prior written consent in the

17 person’s possession at all times when the black powder is

18 in the possession of the person.’’.

19 SEC. 704. REQUIREMENTS CONCERNING BLACK POWDER

20 AND BULK SMOKELESS POWDER.

21 (a) Section 845 of title 18, United States Code, is

22 further amended—

23 (1) by striking paragraph (4) of subsection (a)

24 and inserting the following:
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1 ‘‘(4) assembled small arms ammunition and

2 primers not assembled into cartridges (other than

3 bulk smokeless powder); and’’;

4 (2) in subsection (a)(5), by striking ‘commer5 cially manufactured black powder in quantities not

6 to exceed fifty pounds,’’;

7 (3) by redesignating subsections (b), (c) and (d)

8 as subsections (c), (d) and (e), respectively; and

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

10 ‘‘(e) The provisions of sections 842(a)(3) and 842(b)

11 of this chapter shall not apply to commercially manufac12 tured black powder in quantities not to exceed five pounds

13 which is intended to be used solely for sporting, rec14 reational, or cultural purposes in antique firearms as de15 fined in section 921(a)(16) of title 18 of the United States

16 Code, or in antique devices as exempted from the term

17 ‘‘destructive device’’ in section 921(a)(4) of title 18 of the

18 United States Code, or to bulk smokeless powder in quan19 tities not to exceed ten pounds.

20 ‘‘(f) Sections 842(a)(3)(A), 842(a)(3)(B), 842(b) and

21 842(p) shall not apply to transactions between licensees

22 and persons licensed as manufacturers of ammunition

23 under section 923(a)(1)(A) or (C) of this title.’’.

24 (b) Section 926 of title 18, United States Code, is

25 amended by striking subsection (c).
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect 18 months after the date of

3 enactment of the Act.

4 SEC. 705. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated such sums

6 as may be necessary to carry out this title.

Æ