I

107TH CONGRESS

1ST SESSION H. R. 1397

To allow States to develop or expand instant gun checking capabilities, to

allow a tax credit for the purchase of safe storage devices for firearms,

to promote the fitting of handguns with child safety locks, and to prevent

children from injuring themselves and others with firearms.

IN THE HOUSE OF REPRESENTATIVES

APRIL 4, 2001

Mr. DEFAZIO 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 allow States to develop or expand instant gun checking

capabilities, to allow a tax credit for the purchase of

safe storage devices for firearms, to promote the fitting

of handguns with child safety locks, and to prevent children from injuring themselves and others with firearms.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Youth Violence Preven5 tion Act of 2001’’.
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1 TITLE I—EXPANSION OF IN2 STANT GUN CHECK CAPABILI3 TIES

4 SEC. 101. EXPANSION OF BYRNE PURPOSES.

5 Section 501(b) of the Omnibus Crime Control and

6 Safe Streets Act of 1968 (42 U.S.C. 3751(b)) is

7 amended—

8 (1) by redesignating paragraphs (16) through

9 the second paragraph (27) as paragraphs (17)

10 through (30), respectively; and

11 (2) by inserting after paragraph (15) the fol12 lowing:

13 ‘‘(16) developing or expanding a State instant

14 criminal background check system that includes al15 lowing only limited access of the system, regarding

16 the eligibility status of a proposed firearm purchaser

17 (after receiving the purchaser’s express authoriza18 tion), to a person who sells a firearm and is not a

19 licensed dealer;’’.

20 SEC. 102. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS.

21 Section 509 of Omnibus Crime Control and Safe

22 Streets Act of 1968 (42 U.S.C. 3759) is amended by—

23 (1) in subsection (a), by striking ‘‘5 percent’’

24 and inserting ‘‘6 percent’’; and

25 (2) in subsection (b)—
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1 (A) in paragraph (3), by striking ‘‘and’’

2 after the semicolon;

3 (B) in the first paragraph (4), by striking

4 the period and inserting ‘‘; and’’;

5 (C) by redesignating the second paragraph

6 (4) that ends with ‘‘1993.’’as paragraph (6);

7 and

8 (D) by inserting after the first paragraph

9 (4) the following:

10 ‘‘(5) developing or expanding a State instant

11 criminal background check system that includes al12 lowing only limited access of the system, regarding

13 the eligibility status of a proposed firearm purchaser

14 (after receiving the purchaser’s express authoriza15 tion), to a person who sells a firearm and is not a

16 licensed dealer; and’’.

17 TITLE II—NONREFUNDABLE

18 CREDIT FOR PURCHASE OF

19 SAFE STORAGE DEVICES FOR

20 FIREARMS

21 SEC. 201. NONREFUNDABLE CREDIT FOR PURCHASE OF

22 SAFE STORAGE DEVICES FOR FIREARMS.

23 (a) IN GENERAL.—Subpart A of part IV of sub24 chapter A of chapter 1 of the Internal Revenue Code of

25 1986 (relating to nonrefundable personal credits) is
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1 amended by inserting after section 25A the following new

2 section:

3 ‘‘SEC. 25B. PURCHASE OF SAFE STORAGE DEVICES FOR

4 FIREARMS.

5 ‘‘(a) ALLOWANCE OF CREDIT.—There shall be al6 lowed as a credit against the tax imposed by this chapter

7 for a taxable year an amount equal to the qualified firearm

8 safe storage device expenses for the taxable year.

9 ‘‘(b) LIFETIME DOLLAR LIMITATION.—The aggre10 gate amount of expenses paid by an individual which may

11 be treated as qualified firearm safe storeage device ex12 penses for any taxable year shall not exceed the excess

13 (if any) of—

14 ‘‘(1) $250, over

15 ‘‘(2) the aggregate amounts treated as qualified

16 firearm safe storeage device expenses with respect to

17 such individual for all prior taxable years.

18 ‘‘(c) QUALIFIED FIREARM SAFE STORAGE DEVICE

19 EXPENSE.—For purposes of this section—

20 ‘‘(1) IN GENERAL.—The term ‘qualified firearm

21 safe storage device expense’ means amounts paid for

22 a trigger lock, secure locked cabinet, or other safety

23 device used solely for the storeage of a firearm.
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1 ‘‘(2) FIREARM.—The term ‘firearm’ has the

2 meaning given such term by section 921(a)(3) of

3 title 18, United States Code.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections

5 for subpart A of part IV of subchapter A of chapter 1

6 of such Code is amended by inserting after the item relat7 ing to section 25A the following new item:

‘‘Sec. 25B. Purchase of safe storage devices for firearms.’’.

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

9 this section shall apply to taxable years beginning after

10 December 31, 2000.

11 TITLE III—HANDGUN CHILD

12 SAFETY LOCKS

13 SEC. 301. PROHIBITION AGAINST MANUFACTURE OF A

14 HANDGUN WITHOUT CHILD SAFETY LOCKS.

15 (a) PROHIBITION AGAINST MANUFACTURE OF

16 HANDGUN WITHOUT CHILD SAFETY LOCK ATTACHED.—

17 (1) PROHIBITION.—It shall be unlawful for any

18 person, in or affecting commerce, to manufacture a

19 handgun in the United States, unless a child safety

20 lock which meets the requirement of subsection (b)

21 is attached to, or is an integral part of, the firearm.

22 (2) PENALTIES.—The Secretary shall impose a

23 civil fine of $5,000 on any person who violates para24 graph (1).
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1 (b) CHILD SAFETY LOCK REQUIREMENTS.—A lock

2 meets the requirements of this subsection if the lock, while

3 activated or attached to the firearm, prevents the firearm

4 from being discharged.

5 (c) JUDICIAL REVIEW.—Not later than 60 days after

6 an individual receives notice from the Secretary of a deci7 sion to impose a fine on the individual under this section,

8 the individual may bring an action against the Secretary

9 in any United States district court for de novo review of

10 the decision.

11 (d) INAPPLICABILITY TO GOVERNMENTAL ENTI12 TIES.—Subsection (a) shall not apply to conduct of, or au13 thorized by, the United States or any department or agen14 cy thereof, or any State or any department, agency, or

15 political subdivision thereof.

16 (e) DEFINITIONS.—As used in this section, the terms

17 ‘‘State’’, ‘‘handgun’’, and ‘‘Secretary’’ shall have the

18 meanings given such terms in section 921(a) of title 18,

19 United States Code.

20 TITLE IV—CHILD FIREARM

21 ACCESS PREVENTION

22 SEC. 401. CHILDREN AND FIREARMS SAFETY.

23 (a) PROHIBITION AND PENALTIES.—Section 922 of

24 title 18, United States Code, is amended by inserting after

25 subsection (y) the following:
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1 ‘‘(z) PROHIBITION AGAINST GIVING JUVENILES AC2 CESS TO CERTAIN FIREARMS.—

3 ‘‘(1) DEFINITION OF JUVENILE.—In this sub4 section, the term ‘juvenile’ means an individual who

5 has not attained the age of 18 years.

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

7 paragraph (3), any person that—

8 ‘‘(A) keeps a loaded firearm, or an un9 loaded firearm and ammunition for the firearm,

10 any of which has been shipped or transported

11 in interstate or foreign commerce or otherwise

12 substantially affects interstate or foreign com13 merce, within any premise that is under the

14 custody or control of that person; and

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

16 that a juvenile is capable of gaining access to

17 the firearm without the permission of the par18 ent or legal guardian of the juvenile,

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

20 thereby causes death or bodily injury to the juvenile

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

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

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

24 than $10,000, or both.
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1 ‘‘(3) EXCEPTIONS.—Paragraph (2) does not

2 apply if—

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

4 or safety device for the firearm;

5 ‘‘(B) the person is a peace officer, a mem6 ber of the Armed Forces, or a member of the

7 National Guard, and the juvenile obtains the

8 firearm during, or incidental to, the perform9 ance of the official duties of the person in that

10 capacity;

11 ‘‘(C) the juvenile obtains, or obtains and

12 discharges, the firearm in a lawful act of self13 defense or defense of 1 or more other persons;

14 ‘‘(D) the person has no reasonable expecta15 tion, based on objective facts and cir16 cumstances, that a juvenile is likely to be

17 present on the premises on which the firearm is

18 kept; or

19 ‘‘(E) the juvenile obtains the firearm as a

20 result of unlawful entry by the juvenile.’’.

21 (b) ROLE OF LICENSED FIREARMS DEALERS.—Sec22 tion 926 of title 18, United States Code, is amended by

23 adding at the end the following:

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

25 922(z) appears on the form required to be obtained by
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1 a licensed dealer from a prospective transferee of a fire2 arm.’’.

3 (c) NO EFFECT ON STATE LAW.—Nothing in this

4 section or the amendments made by this section shall be

5 construed to preempt any provision of the law of any

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

7 injuring themselves or others with firearms.

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