II

106TH CONGRESS

1ST SESSION S. 193

To apply the same quality and safety standards to domestically manufactured

handguns that are currently applied to imported handguns.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mrs. BOXER introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To apply the same quality and safety standards to domestically manufactured handguns that are currently applied

to imported handguns.

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 ‘‘American Handgun

5 Standards Act of 1999’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) the Gun Control Act of 1968 prohibited the

9 importation of handguns that failed to meet mini10 mum quality and safety standards;
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1 (2) the Gun Control Act of 1968 did not impose

2 any quality and safety standards on domestically

3 produced handguns;

4 (3) domestically produced handguns are specifi5 cally exempted from oversight by the Consumer

6 Product Safety Commission and are not required to

7 meet any quality and safety standards;

8 (4) each year—

9 (A) gunshots kill more than 35,000 Ameri10 cans and wound approximately 250,000;

11 (B) approximately 75,000 Americans are

12 hospitalized for the treatment of gunshot

13 wounds;

14 (C) Americans spend more than $20 billion

15 for the medical treatment of gunshot wounds;

16 and

17 (D) gun violence costs the United States

18 economy a total of $135 billion;

19 (5) the disparate treatment of imported hand20 guns and domestically produced handguns has led to

21 the creation of a high-volume market for junk guns,

22 defined as those handguns that fail to meet the

23 quality and safety standards required of imported

24 handguns;
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1 (6) traffic in junk guns constitutes a serious

2 threat to public welfare and to law enforcement offi3 cers;

4 (7) junk guns are used disproportionately in the

5 commission of crimes; and

6 (8) the domestic manufacture, transfer, and

7 possession of junk guns should be restricted.

8 SEC. 3. DEFINITION OF JUNK GUN.

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

10 amended by adding at the end the following:

11 ‘‘(35) The term ‘junk gun’ means any handgun

12 that does not meet the standard imposed on im13 ported handguns as described in section 925(d)(3),

14 and any regulations issued under such section.’’.

15 SEC. 4. RESTRICTION ON MANUFACTURE, TRANSFER, AND

16 POSSESSION OF CERTAIN HANDGUNS.

17 Section 922 of title 18, United States Code, is

18 amended by inserting after subsection (y) the following:

19 ‘‘(z)(1) Subject to paragraph (2), it shall be unlawful

20 for a person to manufacture, transfer, or possess a junk

21 gun that has been shipped or transported in interstate or

22 foreign commerce.

23 ‘‘(2) Paragraph (1) does not apply to—

24 ‘‘(A) the possession or transfer of a junk gun

25 otherwise lawfully possessed under Federal law on
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1 the date of the enactment of the American Handgun

2 Standards Act of 1999;

3 ‘‘(B) a firearm or replica of a firearm that has

4 been rendered permanently inoperative;

5 ‘‘(C)(i) the manufacture for, transfer to, or pos6 session by, the United States or a State or a depart7 ment or agency of the United States, or a State of

8 a department, agency, or political subdivision of a

9 State, of a junk gun; or

10 ‘‘(ii) the transfer to, or possession by, a law en11 forcement officer employed by an entity referred to

12 in clause (i) of a junk gun for law enforcement pur13 poses (whether on or off-duty);

14 ‘‘(D) the transfer to, or possession by, a rail po15 lice officer employed by a rail carrier and certified

16 or commissioned as a police officer under the laws

17 of a State of a junk gun for the purposes of law en18 forcement (whether on or off-duty); or

19 ‘‘(E) the manufacture, transfer, or possession

20 of a junk gun by a licensed manufacturer or licensed

21 importer for the purposes of testing or experimen22 tation authorized by the Secretary.’’.

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