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105TH CONGRESS

1ST SESSION H. R. 814

To prevent children from injuring themselves with firearms.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 25, 1997

Mr. BLUMENAUER introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To prevent children from injuring themselves 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. CHILDREN AND FIREARMS SAFETY.

4 (a) PROHIBITION AGAINST AFFORDING A JUVENILE

5 UNSUPERVISED ACCESS TO CERTAIN FIREARMS.—

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

7 person to leave a loaded firearm, or an unloaded

8 firearm and ammunition for the firearm, any of

9 which has been shipped or transported in interstate

10 or foreign commerce, in a manner that the person

11 knows, or reasonably should know, is likely to be ac12 cessible to a juvenile, unless the person has given the
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1 juvenile permission to possess the firearm, and the

2 possession is under the supervision of an adult who

3 is not prohibited by Federal, State, or local law from

4 possessing a firearm.

5 (2) AFFIRMATIVE DEFENSE.—It shall be an af6 firmative defense to a prosecution under paragraph

7 (1) that the firearm was left in a locked, opaque box

8 or with a trigger locking device installed.

9 (3) ADMINISTRATIVE PENALTY.—The Secretary

10 of the Treasury shall, after notice and opportunity

11 for hearing, impose a civil money penalty of not

12 more than $1,000 upon any person who violates

13 paragraph (1).

14 (4) JUDICIAL REVIEW.—The Secretary’s action

15 under paragraph (3) of this subsection may be re16 viewed only as provided in section 923(f)(3) of title

17 18, United States Code.

18 (5) DEFINITIONS.—As used in this subsection:

19 (A) ADULT.—The term ‘‘adult’’ means an

20 individual who has attained 21 years of age.

21 (B) FIREARM.—The term ‘‘firearm’’ has

22 the meaning given such term by section

23 921(a)(3) of title 18, United States Code.
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1 (C) INTERSTATE OR FOREIGN COM2 MERCE.—The term ‘‘interstate or foreign com3 merce’’ has the meaning given such term by

4 section 921(a)(2) of title 18, United States

5 Code.

6 (D) JUVENILE.—The term ‘‘juvenile’’

7 means an individual who has not attained 18

8 years of age.

9 (E) TRIGGER LOCKING DEVICE.—The term

10 ‘‘trigger locking device’’ has the meaning given

11 such term in section 921(a)(34) of title 18,

12 United States Code.

13 (b) ROLE OF LICENSED FIREARMS DEALERS.—

14 (1) PROHIBITION AGAINST SALE OF FIREARM

15 WITHOUT OFFERING TRIGGER LOCKS.—

16 (A) PROHIBITION.—Section 922 of title

17 18, United States Code, is amended by adding

18 at the end the following:

19 ‘‘(y)(1) It shall be unlawful for a licensed dealer to

20 sell a firearm to any person unless, before the sale, the

21 dealer—

22 ‘‘(A) has offered to sell the purchaser a trigger

23 locking device;

24 ‘‘(B) has explained the operation of any trigger

25 locking device so offered; and
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1 ‘‘(C) has had the person indicate in writing that

2 the person understands that trigger locking devices

3 are available for purchase.

4 ‘‘(2) Paragraph (1) shall not apply to a sale to—

5 ‘‘(A) a licensed firearm dealer for resale in the

6 ordinary course of business; or

7 ‘‘(B) an agency of government with law enforce8 ment authority;

9 ‘‘(C) the Armed Forces of the United States; or

10 ‘‘(D) the National Guard of any State.’’.

11 (B) TRIGGER LOCKING DEVICE DE12 FINED.—Section 921(a) of such title is amend13 ed by adding at the end the following:

14 ‘‘(34) The term ‘trigger locking device’ means, with

15 respect to a firearm, a device which, when locked on,

16 around, or in the firearm, renders the firearm incapable

17 of being fired.’’.

18 (2) NOTICE REQUIREMENTS.—

19 (A) NOTICE TO BE POSTED BY LICENSED

20 DEALERS.—Section 923 of such title is amend21 ed by adding at the end the following:

22 ‘‘(m) Each licensed dealer shall post conspicuously at

23 the place of business of the licensed dealer a copy of sec24 tion 1(a) of the Act, entitled ‘An Act to prevent children
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1 from injuring themselves with firearms.’, in block letters

2 that are not less than 1 inch in height.’’.

3 (B) NOTICE TO BE INCLUDED ON THE

4 FORM REQUIRED TO BE OBTAINED BY LI5 CENSED DEALERS FROM PROSPECTIVE FIRE6 ARMS TRANSFEREES.—Section 926 of such title

7 is amended by adding at the end the following:

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

9 1(a) of the Act, entitled ‘An Act to prevent children from

10 injuring themselves with firearms.’, appear on the form

11 required to be obtained by a licensed dealer from a pro12 spective transferee of a firearm.’’.

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