208
SEC. 714. ENHANCED PENALTY FOR USE OF SEMIAUTO-
MATIC FIREARM DURING A CRIME OF VIO-
LENCE OR DRUG TRAFFICKING OFFENSE.
(a) ENHANCED PENALTY.—Section 924(c)(1) of title
18, United States Code, is amended by inserting ‘‘, or
semiautomatic firearm,’’ after ‘‘short-barreled shotgun’’.
(b) SEMIAUTOMATIC FIREARM DEFINED.—Section
921(a) of such title is amended by adding at the end the
following:
‘‘(29) The term ‘semiautomatic firearm’ means any
repeating firearm which utilizes a portion of the energy
of a firing cartridge to extract the fired cartridge case and
chamber the next round, and which requires a separate
pull of the trigger to fire each cartridge.’’.
SEC. 715. MANDATORY PENALTIES FOR FIREARMS POSSES-
SION BY VIOLENT FELONS AND SERIOUS
DRUG OFFENDERS.
(a) 1 PRIOR CONVICTION.—Section 924(a)(2) of title
18, United States Code, is amended by inserting ‘‘, and
if the violation is of section 922(g)(1) by a person who
has a previous conviction for a violent felony (as defined
in subsection (e)(2)(B) of this section) or a serious drug
offense (as defined in subsection (e)(2)(A) of this section),
a sentence imposed under this paragraph shall include a
term of imprisonment of not less than five years’’ before
the period.
209
(b) 2 PRIOR CONVICTIONS.—Section 924 of such
title, as amended by sections 430 and 706(e) of this Act,
is amended by adding at the end the following:
‘‘(k)(1) Notwithstanding subsection (a)(2) of this sec-
tion, any person who violates section 922(g) and has 2
previous convictions by any court referred to in section
922(g)(1) for a violent felony (as defined in subsection
(e)(2)(B) of this section) or a serious drug offense (as de-
fined in subsection (e)(2)(A) of this section) committed
on occasions different from one another shall be fined
under this title, imprisoned not less than 10 years and
not more than 20 years, or both.
‘‘(2) Notwithstanding any other provision of law, the
court shall not suspend the sentence of, or grant a proba-
tionary sentence to, a person described in paragraph (1)
of this subsection with respect to the conviction under sec-
tion 922(g).’’.
SEC. 716. MANDATORY MINIMUM SENTENCE FOR UNLAW-
FUL POSSESSION OF A FIREARM BY CON-
VICTED FELON, FUGITIVE FROM JUSTICE, OR
TRANSFEROR 
OR 
RECEIVER 
OF 
STOLEN
FIREARM.
(a) IN GENERAL.—Section 924(a) of title 18, United
States Code, is amended—
210
(1) in paragraph (1), by striking ‘‘paragraph
(2) or (3) of’’; and
(2) by adding at the end the following:
‘‘(5) Whoever knowingly possesses a firearm in viola-
tion of paragraph (1) or (2) of section 922(g), or in viola-
tion of subsection (i) or (j), shall be imprisoned not less
than 5 years. Notwithstanding any other provision of law,
the court shall not place on probation or suspend the sen-
tence of any person convicted under this paragraph, nor
shall the term of imprisonment imposed under this para-
graph run concurrently with any other term of imprison-
ment imposed under any other provision of law.’’.
SEC. 717. INCREASE IN GENERAL PENALTY FOR VIOLATION
OF FEDERAL FIREARMS LAWS.
Section 924(a)(1) of title 18, United States Code, is
amended—
(1) 
by 
striking 
‘‘$5,000’’ 
and 
inserting
‘‘$10,000’’; and
(2) by striking ‘‘five’’ and inserting ‘‘10’’.
SEC. 718. INCREASE IN ENHANCED PENALTIES FOR POS-
SESSION OF FIREARM IN CONNECTION WITH
CRIME OF VIOLENCE OR DRUG TRAFFICKING
CRIME.
Section 924(c)(1) of title 18, United States Code, is
amended—
211
(1) by striking ‘‘five’’ and inserting ‘‘10’’; and
(2) by striking ‘‘twenty’’ and inserting ‘‘30’’.
SEC. 719. SMUGGLING FIREARMS IN AID OF DRUG TRAF-
FICKING OR VIOLENT CRIME.
Section 924 of title 18, United States Code, as
amended by sections 430, 706(e), and 715(b) of this Act,
is amended by adding at the end the following:
‘‘(l) Whoever, with the intent to engage in or to pro-
mote conduct which—
‘‘(1) is punishable under the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.), the Controlled
Substances Import and Export Act (21 U.S.C. 951
et seq.), or the Maritime Drug Law Enforcement
Act (46 U.S.C. App. 1901 et seq.);
‘‘(2) violates any law of a State relating to any
controlled substance (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802)); or
‘‘(3) constitutes a crime of violence (as defined
in subsection (c)(3) of this section;
smuggles or knowingly brings into the United States a
firearm, or attempts to do so, shall be imprisoned for not
more than ten years, fined under this title, or both.’’.
SEC. 720. DEFINITION OF CONVICTION UNDER CHAPTER 44.
Section 921(a)(20) of title 18, United States Code,
is amended in the 3rd sentence by inserting ‘‘(other than
212
for a violent felony (as defined in section 924(e)(2)(B))
involving the threatened or actual use of a firearm or ex-
plosive, or for a serious drug offense (as defined in section
924(e)(2)(A)))’’ after ‘‘Any conviction’’.
SEC. 721. DEFINITION OF SERIOUS DRUG OFFENSE UNDER
THE ARMED CAREER CRIMINAL ACT.
Section 924(e)(2)(A) of title 18, United States Code,
as amended by sections 151 and 713 of this Act, is amend-
ed—
(1) by striking ‘‘or’’ at the end of clause (iii);
(2) by inserting ‘‘or’’ at the end of clause (iv);
and
(3) by adding at the end the following:
‘‘(v) an offense under State law that, if it were
prosecuted as a violation of the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.) as that Act pro-
vided at the time of the offense, would be punishable
by a maximum term of imprisonment of 10 years or
more;’’.
SEC. 722. DEFINITION OF BURGLARY UNDER THE ARMED
CAREER CRIMINAL ACT.
Section 924(e)(2) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
213
(2) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) the term ‘burglary’ means a crime that—
‘‘(i) consists of entering or remaining sur-
reptitiously in a building that is the property of
another person with intent to engage in conduct
constituting a Federal or State offense; and
‘‘(ii) is punishable by a term of imprison-
ment exceeding 1 year.’’.
SEC. 723. TEMPORARY PROHIBITION AGAINST POSSESSION
OF A FIREARM BY, OR TRANSFER OF A FIRE-
ARM TO, PERSONS CONVICTED OF A DRUG
CRIME.
(a) TEMPORARY PROHIBITION.—Section 922 of title
18, United States Code, is amended by adding at the end
the following:
‘‘(s)(1)(A) Except as provided in paragraph (2), it
shall be unlawful for any individual who has been con-
victed in any court of a drug crime to possess a firearm
during the period described in subparagraph (B).
‘‘(B) The period described in this subparagraph is the
period that begins with the date the individual committed
the drug crime and ends 5 years after the most recent
date (occurring after the commission of such crime) on
214
which the individual has committed a drug crime or has
violated any Federal or State law relating to firearms.
‘‘(2) Paragraph (1) shall not apply with respect to
convictions occurring on or before the date of the enact-
ment of this subsection.
‘‘(t)(1)(A) Except as provided in paragraph (2), it
shall be unlawful for any person to transfer a firearm to
any individual knowing or having reasonable cause to be-
lieve that the individual is under indictment for a drug
crime.
‘‘(B)(i) Except as provided in paragraph (2), it shall
be unlawful for any person, during the period described
in clause (ii), to transfer a firearm to any individual know-
ing or having reasonable cause to believe that the individ-
ual has been convicted in any court of a drug crime.
‘‘(ii) The period described in this clause is the period
that begins with the date the individual committed the
drug crime and ends 5 years after the most recent date
(occurring after the commission of such crime) on which
the individual has committed a drug crime or has violated
any Federal or State law relating to firearms.
‘‘(2) The second sentence of subsection (d) shall
apply in like manner to paragraph (1) of this subsection.’’.
215
(b) PENALTY.—Section 924(a)(1)(B) of such title, as
amended by section 103(b) of this Act, is amended by
striking ‘‘or (r)’’ and inserting ‘‘(r), (s)(1), or (t)(1)’’.
(c) ENHANCED PENALTIES FOR POSSESSION OF A
FIREARM DURING A DRUG CRIME.—Section 924 of such
title, as amended by sections 430, 706(e), 715(b), and 719
of this Act, is amended by adding at the end the following:
‘‘(m) Whoever, during and in relation to a drug crime
(including a drug crime which provides for an enhanced
punishment if committed by the use of a deadly or dan-
gerous weapon or device) for which he may be prosecuted
in a court of the United States, possesses a firearm, in
addition to the punishment provided for such drug crime,
may be sentenced to imprisonment for not less than 15
days and not more than 2 years, and shall be fined not
less than $2,500 and not more than $10,000, and if the
firearm is a machine gun, or is equipped with a firearm
silencer or firearm muffler, shall be sentenced to imprison-
ment for 15 years. In the case of a second or subsequent
conviction under this subsection, such person shall be sen-
tenced to imprisonment for not less than 15 days and not
more than 2 years, and shall be fined not less than $2,500
and not more than $10,000, and if the firearm is a ma-
chine gun, or is equipped with a firearm silencer or fire-
arm muffler, shall be sentenced to imprisonment for 30
216
years. Notwithstanding any other provision of law, the
court shall not place on probation or suspend the sentence
of any person convicted of a violation of this subsection,
nor shall the term of imprisonment imposed under this
subsection run concurrently with any other term of impris-
onment including that imposed for the drug crime in
which the firearm was possessed.’’.
(d) DEFINITION OF DRUG CRIME.—Section 921(a)
of such title, as amended by section 714(b) of this Act,
is amended by adding at the end the following:
‘‘(30) The term ‘drug crime’ means any offense
(other than a drug trafficking crime) punishable by im-
prisonment under—
‘‘(A) any Act specified in section 924(c)(2); or
‘‘(B) any State law involving the possession,
distribution, or manufacture of a controlled sub-
stance (as defined in section 102 of the Controlled
Substances Act).’’.
Subtitle C—Enhanced Penalties for
Criminal Use of Firearms and
Explosives
Chapter 1—Instant Check System for
Handgun Purchases
SEC. 731. DEFINITIONS.
As used in this chapter:
217
(1) The term ‘‘background check crime’’ means
a crime punishable by imprisonment for a term ex-
ceeding 1 year within the meaning of section
921(a)(20) of title 18, United States Code.
(2) The term ‘‘handgun’’ has the meaning given
such term in section 921(a)(31) of title 18, United
States Code.
(3) The term ‘‘licensee’’ means a licensed im-
porter, licensed manufacturer, or licensed dealer, as
defined in paragraphs (9), (10), and (11), respec-
tively, of section 921(a) of title 18, United States
Code.
(4) The term ‘‘State’’ means a State, the Dis-
trict of Columbia, the Commonwealth of Puerto
Rico, American Samoa, the Virgin Islands, Guam,
and the Trust Territories of the Pacific.
SEC. 732. STATE INSTANT CRIMINAL CHECK SYSTEMS FOR
HANDGUN PURCHASES.
(a) IN GENERAL.—Not later than the date that is
12 months after the date of the enactment of this chapter,
each State shall establish and maintain a system that, on
receipt of an inquiry from a licensee pursuant to section
922(u)(1)(A) of title 18, United States Code, immediately
researches the criminal history of a prospective handgun
transferee, advises the licensee whether its records dem-
218
onstrate that such transferee is prohibited from receiving
a handgun by reason of subsection (g) or (n) of section
922 of such title, and, if such transferee is not so prohib-
ited, provides the licensee a unique identification number
with respect to the transfer.
(b) ADDITIONAL REQUIREMENTS.—A State instant
criminal check system shall—
(1) provide for the privacy and security of the
information contained in the system at least to the
extent of the protections and remedies provided in
section 552a(g) of title 5, United States Code;
(2) ensure that information provided to the sys-
tem 
by 
a 
licensee 
pursuant 
to 
section
922(u)(1)(B)(i) of title 18, United States Code, is
not retained in any form whatsoever, is not conveyed
to any person except a person who has a need to
know to carry out the purpose of that section, and
is not used for any purpose other than to carry out
that section; and
(3) provide to a prospective handgun transferee
who is denied receipt of a handgun on the basis of
information provided by the system a procedure for
the correction of erroneous information as otherwise
set forth in this chapter.
(c) PROHIBITIONS ON USES OF INFORMATION.—
219
(1) RECORDATION BY THE GOVERNMENT.—No
record or portion thereof generated by an inquiry
concerning or a search of the criminal history of a
prospective transferee under a State instant criminal
check system established under subsection (a) shall
be recorded at or transferred to a facility owned,
managed, or controlled by the United States or any
State or political subdivision thereof.
(2) REGISTRATION
OF
OWNERSHIP.—Neither
the United States, nor a State, nor any political sub-
division thereof may use information provided by a
licensee pursuant to a State instant criminal check
system established under subsection (a) of this sec-
tion to establish any system for the registration of
handguns, handgun owners, or handgun transactions
or dispositions, except with respect to persons who
are prohibited from receiving a handgun by reason
of subsection (g) or (n) of section 922 of title 18,
United States Code.
SEC. 733. AMENDMENT OF CHAPTER 44 OF TITLE 18,
UNITED STATES CODE.
(a) DEFINITIONS.—Section 921(a) of title 18, United
States Code, as amended by sections 714(b) and 723(d)
of this Act, is amended by adding at the end the following:
‘‘(31) The term ‘handgun’ means—
220
‘‘(A) a firearm (other than a firearm that is a
curio or relic under criteria established by the Sec-
retary by regulation) that has a short stock and is
designed to be held and fired by the use of a single
hand; and
‘‘(B) any combination of parts designed and in-
tended to be assembled into such a firearm and from
which such a firearm can be readily assembled.’’.
(b) IDENTIFICATION PROCEDURE.—Section 922 of
such title, as amended by section 721(a) of this Act, is
amended by adding at the end the following:
‘‘(u)(1) Upon a State instant criminal check system
becoming operational pursuant to chapter 1 of subtitle C
of title VII of the Crime Control Act of 1993, and notice
by an appropriate State official by certified mail to each
licensee in the State that such system is operational, a
licensed importer, licensed manufacturer, or licensed deal-
er shall not knowingly transfer a handgun from the busi-
ness inventory of such licensee to any other person who
is not licensed under this chapter before the completion
of the transfer unless—
‘‘(A) the licensee contacts the State instant
criminal check system; and
‘‘(B)(i) the State system notifies the licensee
that the system has not located any record that
221
demonstrates that the receipt of a handgun by such
other person would violate subsection (g) or (n); or
‘‘(ii) at least 8 hours have elapsed since the li-
censee first contacted the system with respect to the
transfer, and the system has not notified the licensee
that the information available to the system dem-
onstrates that the receipt of a handgun by the per-
son would violate subsection (g) or (n).
‘‘(2) Paragraph (1) shall not apply to a handgun
transfer between a licensee and another person if—
‘‘(A) the other person presents to the licensee
a valid permit or license issued by the State or a po-
litical subdivision of the State in which the transfer
is to occur that authorizes the person to purchase,
possess, or carry a firearm;
‘‘(B) the Secretary has, under section 5812 of
the Internal Revenue Code of 1986, approved the
transfer;
‘‘(C) the ability of the licensee to exchange in-
formation with the system described in paragraph
(1) is impaired for a period of more than 8 hours
due to natural or human disaster, insurrection, riot,
hurricane, other act of God, or other circumstance
beyond the control of the licensee; or
222
‘‘(D) on application of the licensee, the State
instant criminal check system has certified that com-
pliance with paragraph (1)(B)(i) is impracticable be-
cause of the inability of the licensee to communicate
with the system due to the remote location of the li-
censed premises.
‘‘(3) If the State instant criminal check system noti-
fies the licensee that the information available to the sys-
tem does not demonstrate that the receipt of a handgun
by the person would violate subsection (g) or (n), and the
licensee transfers a handgun to the person, the licensee
shall include in the record of the transfer the unique iden-
tification number provided by the system with respect to
the transfer.
‘‘(4)(A) If the licensee knowingly transfers a handgun
to a person and willfully fails to comply with paragraph
(1) with respect to the transfer and, at the time of the
transfer, the State instant criminal check system was op-
erating and information was available to the system dem-
onstrating that receipt of a handgun by the person would
violate subsection (g) or (n), the Secretary may, after no-
tice and opportunity for a hearing, suspend for not more
than 12 months or revoke any license issued to the licensee
under section 923, and may impose on the licensee a civil
fine of not more than $10,000.
223
‘‘(B) Any action by the Secretary under subpara-
graph (A) of this paragraph shall be subject to the proce-
dures and remedies provided in subsections (e) and (f) of
section 923.
‘‘(5) A State employee responsible for providing infor-
mation through a State instant criminal check system
shall not be liable in an action at law for damages for
failure to prevent the sale or transfer of a handgun to
a person whose receipt or possession of a handgun is un-
lawful.
‘‘(6) Notwithstanding any law, rule, or regulation of
a State or political subdivision of a State that requires
a waiting period prior to the receipt or sale of a handgun,
after a State instant criminal check system has been
placed in operation, a licensee may transfer, and a person
may receive, a handgun immediately upon notification of
the licensee pursuant to subparagraph (1)(B)(i). No per-
mit or license shall be required by any State or political
subdivision of a State for such transfer or receipt.’’.
(c) PENALTIES.—Section 924(a) of title 18, United
States Code, as amended by section 716(a) of this Act,
is amended by adding at the end the following:
‘‘(6) A person who willfully violates section 922(u)
shall be fined not more than $2,000, imprisoned not more
than 1 year, or both.’’.
224
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect 120 days after the date of
the enactment of this chapter.
SEC. 734. ESTABLISHMENT AND OPERATION OF CRIMINAL
HISTORY SYSTEM.
(a) ESTABLISHMENT OF THE SYSTEM.—Each State
shall establish a system accessible by telephone, and may
establish other electronic means in addition to telephonic
communication, that any licensee, law enforcement officer,
or court of law may contact for criminal history informa-
tion. Information available to a licensee shall be limited
to information concerning a background check crime or
other information concerning whether receipt of a hand-
gun by a prospective transferee would violate subsection
(g) or (n) of section 922 of title 18, United States Code.
Information available to law enforcement officers and to
courts of law shall include information concerning any ar-
rest or conviction for any crime.
(b) CONTINUOUS OPERATION.—Each State shall
take such steps as are necessary to ensure that the system
operates continuously and without closing, at all times and
days of each year for purposes of inquiries from law en-
forcement officers, licensees, and courts.
225
SEC. 735. OPERATION OF SYSTEM FOR PURPOSE OF
SCREENING HANDGUN PURCHASERS.
(a) ACCURACY OF RESPONSES.—Each State shall
take such steps as are necessary to ensure that not more
than 2 percent of initial telephone responses of the system
contain erroneous determinations that receipt of a hand-
gun by a prospective handgun transferee would violate
subsection (g) or (n) of section 922 of title 18, United
States Code.
(b) NOTIFICATION
OF LICENSEES.—On establish-
ment of a system under this section, each respective State
shall notify the Secretary of the Treasury, and the Sec-
retary shall notify each licensee, of the existence and pur-
pose of the system and the telephone number and other
electronic means that may be used to contact the system.
(c) OPERATION OF THE SYSTEM.—
(1) REQUIREMENTS FOR PROVISION OF INFOR-
MATION.—The system established under this section
shall not provide information to any person who
places a telephone call to the system with respect to
a person unless—
(A) the system verifies that the caller is a
licensee; and
(B) the licensee—
(i) states that a person seeks to pur-
chase a handgun from the licensee; and
226
(ii) provides the name, birth date, and
social security account number (or if the
transferee does not have a social security
account number, other identifying informa-
tion about the proposed transferee as re-
quired to make a valid identification).
(2) INFORMATION TO BE PROVIDED.—
(A) IN GENERAL.—If the system receives a
telephone call with respect to the transfer of a
handgun to a person and the requirements of
paragraph (1) of this subsection are met, the
system shall, in accordance with subparagraph
(B) of this paragraph—
(i) if the receipt of a handgun by the
person would violate subsection (g) or (n)
of section 922 of title 18, United States
Code, inform the licensee that the transfer
is disapproved; and
(ii) if such a receipt would not be
such a violation—
(I) assign a unique identification
number to the transfer;
(II) provide the licensee with the
number; and
227
(III) destroy all records of the
system with respect to the call (other
than the identifying number and the
date the number was assigned) and all
records of the system relating to the
person or the transfer.
(B) TIMING.—
(i) PROMPT RESPONSE REQUIRED.—
The system shall make every effort to pro-
vide to the caller the information required
by subparagraph (A) immediately or by re-
turn telephone call without delay.
(ii) RULES GOVERNING DELAYED RE-
SPONSES.—If the system is unable to re-
spond immediately to the inquiry due to
circumstances beyond the control of the
system, the system shall—
(I) advise the caller that the re-
sponse of the system will be delayed
and state the reasons for the delay
and the estimated length of the delay;
and
(II) make every effort to provide
the information required by subpara-
graph (A) within 8 hours after the li-
228
censee first contacted the system with
respect to the transfer.
(d) CORRECTION OF ERRONEOUS SYSTEM.—
(1) ADMINISTRATIVE PROCEDURES.—If the sys-
tem established under this section informs a licensee
that receipt of a handgun by a person would violate
subsection (g) or (n) of section 922 of title 18, Unit-
ed States Code, the person may request the system
to provide the person with a detailed explanation, in
writing, of the reasons therefor. Within 5 days after
receipt of such a request, the system shall comply
with the request. The requestor may submit to the
system information to correct, clarify, or supplement
records of the system with respect to the requestor.
Within 5 days after receipt of such information, the
system shall consider such information, investigate
the matter further, correct all erroneous records re-
lating to the requestor, and notify any department
or agency of the United States or of any State or
political subdivision of a State that was the source
of the erroneous records or such errors.
(2) PRIVATE COURSE OF ACTION.—After all ad-
ministrative remedies are exhausted and such
records are not corrected, a person disapproved for
the purchase or receipt of a handgun because the
229
system established under this section provided erro-
neous information relating to the person may bring
an action in any court of competent jurisdiction
against the United States, or any State or political
subdivision of a State that is the source of the erro-
neous information, for damages (including con-
sequential damages), injunctive relief, mandamus,
and such other relief as the court may deem appro-
priate. If the person prevails in the action, the court
shall allow the person a reasonable attorney’s fee as
part of the costs.
SEC. 736. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS.
The Attorney General shall expedite—
(1) the incorporation of the remaining State
criminal history records into the Federal criminal
records systems maintained by the Federal Bureau
of Investigation; and
(2) the development of hardware and software
systems to link State criminal history check systems
into the National Crime Information Center.
SEC. 737. ACCESS TO STATE CRIMINAL RECORDS.
(a) MEANS OF COMMUNICATION.—Not later than 60
days after the date of the enactment of this chapter, the
Attorney General shall—
230
(1) determine the type of computer hardware
and software that shall be used to operate the Fed-
eral criminal records system and the means by which
State criminal records system shall communicate
with the Federal system;
(2) investigate the criminal records system of
each State and determine for each State the extent
of such accessible criminal records that each State
shall be able to provide thereafter to the Federal
system by the effective date of section 733; and
(3) notify each State of the determination made
pursuant to paragraphs (1) and (2).
(b) FEDERAL SYSTEM.—Not later than the effective
date of section 733, the Attorney General shall provide
to each State access to the Federal Crime Information
Center, including the records of other States through a
network, for the purpose of permitting the State to con-
duct instant criminal background checks required by that
section.
SEC. 738. IMPROVEMENTS IN STATE RECORDS.
(a) IN GENERAL.—Section 509(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3759(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(2);
231
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(4) the improvement of State record systems
and the sharing of all of the records described in
paragraphs (1), (2), and (3) and the records re-
quired by this Act with the Attorney General for the
purpose of implementing this Act.’’.
(b) ADDITIONAL FUNDING.—Section 509 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3759) is amended by adding at the end the
following:
‘‘(e) In addition to other funds authorized in this Act,
there are authorized to be appropriated for fiscal year
1994, to be available until expended, $21,000,000 for the
purpose of implementing subsection (b)(4).’’.
(c) WITHHOLDING FUNDS.—
(1) Effective on the effective date of section
733 of this Act, the Attorney General may refuse to
make grants under title I of the Omnibus Crime
Control and Safe Streets Act of 1968 to a State that
does not establish and operate a State criminal
background check system in compliance with this
chapter. No State that receives funds pursuant to
232
this chapter may charge more than $3 per trans-
action to check for the existence of a felony record
of a prospective purchaser of a handgun.
(2) Effective 1 year after the date of the enact-
ment of this chapter, the Attorney General may re-
duce by up to 10 percent the allocation to a State
for a fiscal year under title I of the Omnibus Crime
Control and Safe Streets Act of 1968 of a State that
is not in compliance with this chapter, and the por-
tion of the amounts that are appropriated for alloca-
tion to the States under such title for the fiscal year
that is equal to the amount of the reduction shall
thereby be rescinded.
SEC. 739. FUNDING OF STATE CRIMINAL RECORDS SYS-
TEMS AND DEDICATION OF FUNDS.
(a) INCREASE IN SPECIAL ASSESSMENTS.—Section
3013(a) of title 18, United States Code, is amended—
(1) in paragraph (1)(A)(iii), by striking ‘‘$25’’
and inserting ‘‘$30’’;
(2) in paragraph (2)(A), by striking ‘‘$50’’ and
inserting ‘‘$75’’; and
(3) in paragraph (2)(B), by striking ‘‘$200’’
and inserting ‘‘$250’’.
(b) SYSTEMS
FOR
SCREENING
HANDGUN
PUR-
CHASERS AND FOR CRIMINAL JUSTICE PURPOSES.—Not-
233
withstanding any other law, $5 of each assessment col-
lected under section 3013(a)(1)(A)(iii) of title 18, United
States Code, $25 of each assessment collected under sub-
section (a)(2)(A) of that section, and $50 of each assess-
ment collected under subsection (a)(2)(B) of that section
shall be paid to the States, in proportion to the respective
populations thereof, for the purposes of carrying out this
chapter.
SEC. 740. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated such sums as are necessary to carry out this chap-
ter.
(b) LIMITATION ON USE.—No appropriation, grant,
or fund authorized under this chapter shall be used for
any purpose other than the creation, maintenance, and op-
eration of systems for access to criminal history records
and screening systems for handgun purchasers as provided
in this chapter.
Chapter 2—Other Firearms Provisions
SEC. 741. INCREASED PENALTY FOR INTERSTATE GUN
TRAFFICKING.
Section 924 of title 18, United States Code, as
amended by sections 430, 706(e), 715(b), 719, and 723(c)
of this Act, is amended by adding at the end the following:
234
‘‘(n) Whoever, with the intent to engage in conduct
which constitutes a violation of section 922(a)(1)(A), trav-
els from any State or foreign country into any other State
and acquires, or attempts to acquire, a firearm in such
other State in furtherance of such purpose shall be impris-
oned for not more than 10 years.’’.
SEC. 742. PROHIBITION AGAINST TRANSACTIONS INVOLV-
ING STOLEN FIREARMS WHICH HAVE MOVED
IN INTERSTATE OR FOREIGN COMMERCE.
Section 922(j) of title 18, United States Code, is
amended to read as follows:
‘‘(j) It shall be unlawful for any person to receive,
possess, conceal, store, barter, sell, or dispose of any stolen
firearm or stolen ammunition, or pledge or accept as secu-
rity for a loan any stolen firearm or stolen ammunition,
which is moving as, which is a part of, which constitutes,
or which has been shipped or transported in, interstate
or foreign commerce, either before or after it was stolen,
knowing or having reasonable cause to believe that the
firearm or ammunition was stolen.’’.
SEC. 743. ENHANCED PENALTIES FOR USE OF FIREARMS IN
CONNECTION 
WITH 
COUNTERFEITING 
OR
FORGERY.
Section 924(c)(1) of title 18, United States Code, is
amended by inserting ‘‘or during and in relation to any
235
felony punishable under chapter 25,’’ after ‘‘United
States,’’.
SEC. 744. INCREASED PENALTY FOR KNOWINGLY FALSE,
MATERIAL STATEMENT IN FIREARM PUR-
CHASE FROM LICENSED DEALER.
Section 924(a) of title 18, United States Code, is
amended—
(1) in paragraph (1)(B), by striking ‘‘(a)(6),’’;
and
(2) in paragraph (2), by inserting ‘‘(a)(6),’’
after ‘‘subsection’’.
SEC. 745. REVOCATION OF SUPERVISED RELEASE FOR POS-
SESSION OF A FIREARM IN VIOLATION OF RE-
LEASE CONDITION.
Section 3583 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(h) MANDATORY REVOCATION FOR POSSESSION OF
A FIREARM.—If the court has provided, as a condition of
supervised release, that the defendant refrain from pos-
sessing a firearm, and if the defendant is in actual posses-
sion of a firearm (as defined in section 921) at any time
prior to the expiration or termination of the term of super-
vised release, the court shall, after a hearing pursuant to
the provisions of the Federal Rules of Criminal Procedure
that are applicable to probation revocation, revoke the
236
term of supervised release and, subject to subsection (e)(3)
of this section, require the defendant to serve in prison
all or part of the term of supervised release without credit
for time previously served on post release supervision.’’.
SEC. 746. RECEIPT OF FIREARMS BY NONRESIDENT.
Section 922(a) of title 18, United States Code, is
amended—
(1) in paragraph (7), by striking ‘‘and’’ at the
end;
(2) in paragraph (8), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(9) for any person, other than a licensed im-
porter, licensed manufacturer, licensed dealer, or li-
censed collector, who does not reside in any State to
receive any firearms unless such receipt is for lawful
sporting purposes.’’.
SEC. 747. DISPOSITION OF FORFEITED FIREARMS.
Section 5872(b) of the Internal Revenue Code of
1986 is amended to read as follows:
‘‘(b) DISPOSAL.—In the case of the forfeiture of any
firearm, where there is no remission or mitigation of for-
feiture thereof—
‘‘(1) the Secretary may retain the firearm for
official use of the Department of the Treasury or, if
237
not so retained, offer to transfer the weapon without
charge to any other executive department or inde-
pendent establishment of the Government for official
use by it and, if the offer is accepted, so transfer the
firearm;
‘‘(2) if the firearm is not disposed of pursuant
to paragraph (1), is a firearm other than a machine
gun or a firearm forfeited for a violation of this
chapter, is a firearm that in the opinion of the Sec-
retary is not so defective that its disposition pursu-
ant to this paragraph would create an unreasonable
risk of a malfunction likely to result in death or bod-
ily injury, and is a firearm which (in the judgment
of the Secretary, taking into consideration evidence
of present value and evidence that like firearms are
not available except as collector’s items, or that the
value of like firearms available in ordinary commer-
cial channels is substantially less) derives a substan-
tial part of its monetary value from the fact that it
is novel, rare, or because of its association with some
historical figure, period, or event, the Secretary may
sell the firearm, after public notice, at public sale to
a dealer licensed under chapter 44 of title 18,
United States Code;
238
‘‘(3) if the firearm has not been disposed of
pursuant to paragraph (1) or (2), the Secretary
shall transfer the firearm to the Administrator of
General Services, who shall destroy or provide for
the destruction of the firearm; and
‘‘(4) no decision or action of the Secretary pur-
suant to this subsection shall be subject to judicial
review.’’.
SEC. 748. CONSPIRACY TO VIOLATE FEDERAL FIREARMS
OR EXPLOSIVES LAWS.
(a) FIREARMS.—Section 924 of title 18, United
States Code, as amended by sections 430, 706(e), 715(b),
719, 723(c), and 741 of this Act, is amended by adding
at the end the following:
‘‘(o) Whoever conspires to commit any offense pun-
ishable under this chapter shall be subject to the same
penalties as those prescribed for the offense the commis-
sion of which was the object of the conspiracy.’’.
(b) EXPLOSIVES.—Section 844 of such title is
amended by adding at the end the following:
‘‘(k) Whoever conspires to commit any offense pun-
ishable under this chapter shall be subject to the same
penalties as those prescribed for the offense the commis-
sion of which was the object of the conspiracy.’’.
239
SEC. 749. THEFT OF FIREARMS OR EXPLOSIVES FROM LI-
CENSEE.
(a) FIREARMS.—Section 924 of title 18, United
States Code, as amended by sections 430, 706(e), 715(b),
719, 723(c), 741, and 748(a) of this Act, is amended by
adding at the end the following:
‘‘(p) Whoever steals any firearm from a licensed im-
porter, licensed manufacturer, licensed dealer, or licensed
collector shall be fined under this title, imprisoned not
more than ten years, or both.’’.
(b) EXPLOSIVES.—Section 844 of such title, as
amended by section 748(b) of this Act, is amended by add-
ing at the end the following:
‘‘(l) Whoever steals any explosive material from a li-
censed importer, licensed manufacturer, licensed dealer, or
permittee shall be fined under this title, imprisoned not
more than ten years, or both.’’.
SEC. 750. PENALTIES FOR THEFT OF FIREARMS OR EXPLO-
SIVES.
(a) FIREARMS.—Section 924 of title 18, United
States Code, as amended by sections 430, 706(e), 715(b),
719, 723(c), 741, 748(a), and 749(a) of this Act, is
amended by adding at the end the following:
‘‘(q) Whoever steals any firearm which is moving as,
or is a part of, or which has moved in, interstate or foreign
240
commerce shall be imprisoned for not less than two nor
more than ten years, fined under this title, or both.’’.
(b) EXPLOSIVES.—Section 844 of such title, as
amended by sections 748(b) and 749(b) of this Act, is
amended by adding at the end the following:
‘‘(m) Whoever steals any explosive materials which
are moving as, or are a part of, or which have moved in,
interstate or foreign commerce shall be imprisoned not less
than two nor more than ten years, fined under this title,
or both.’’.
SEC. 751. PROHIBITION AGAINST DISPOSING OF EXPLO-
SIVES TO PROHIBITED PERSONS.
Section 842(d) of title 18, United States Code, is
amended by striking ‘‘licensee’’ and inserting ‘‘person’’.
SEC. 752. PROHIBITION AGAINST THEFT OF FIREARMS OR
EXPLOSIVES.
(a) FIREARMS.—Section 924 of title 18, United
States Code, as amended by sections 430, 706(e), 715(b),
719, 722(c), 741, 748(a), 749(a), and 750(a) of this Act,
is amended by adding at the end the following:
‘‘(r) Whoever steals any firearm which is moving as,
or is a part of, or which has moved in, interstate or foreign
commerce shall be imprisoned for not less than two nor
more than ten years, fined under this title, or both.’’.
241
(b) EXPLOSIVES.—Section 844 of such title, as
amended by sections 748(b), 749(b), and 750(b) of this
Act, is amended by adding at the end the following:
‘‘(n) Whoever steals any explosive materials which are
moving as, or are a part of, or which have moved in, inter-
state or foreign commerce shall be imprisoned not less
than two nor more than ten years, fined under this title,
or both.’’.
SEC. 753. INCREASED PENALTY FOR SECOND OFFENSE OF
USING AN EXPLOSIVE TO COMMIT A FELONY.
Section 844(h) of title 18, United States Code, is
amended by striking ‘‘ten’’ and inserting ‘‘twenty’’.
SEC. 754. POSSESSION OF EXPLOSIVES BY FELONS AND
OTHERS.
Section 842(i) of title 18, United States Code, is
amended by inserting ‘‘or possess’’ after ‘‘to receive’’.
SEC. 755. POSSESSION OF EXPLOSIVES DURING THE COM-
MISSION OF A FELONY.
Section 844(h) of title 18, United States Code, is
amended—
(1) in paragraph (2), by striking ‘‘carries’’ and
inserting ‘‘possesses’’; and
(2) in the 3rd sentence, by striking ‘‘carried’’
and inserting ‘‘possessed’’.
242
SEC. 756. SUMMARY DESTRUCTION OF EXPLOSIVES SUB-
JECT TO FORFEITURE.
Section 844(c) of title 18, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ before ‘‘Any’’; and
(2) by adding at the end the following:
‘‘(2) Notwithstanding paragraph (1), in the case of
the seizure of any explosive materials for any offense for
which the materials would be subject to forfeiture where
it is impracticable or unsafe to remove the materials to
a place of storage, or where it is unsafe to store them,
the seizing officer is authorized to destroy the explosive
materials forthwith. Any destruction under this paragraph
shall be in the presence of at least one credible witness.
The seizing officer shall make a report of the seizure and
take samples as the Secretary may by regulation prescribe.
‘‘(3) Within sixty days after any destruction made
pursuant to paragraph (2), the owner of, including any
person having an interest in, the property so destroyed
may make application to the Secretary for reimbursement
of the value of the property. If the claimant establishes
to the satisfaction of the Secretary that—
‘‘(A) the property has not been used or involved
in a violation of law; or
243
‘‘(B) any unlawful involvement or use of the
property was without the claimant’s knowledge, con-
sent, or willful blindness,
the Secretary shall make an allowance to the claimant not
exceeding the value of the property destroyed.’’.
SEC. 757. ELIMINATION OF OUTMODED PAROLE LAN-
GUAGE.
Section 924 of title 18, United States Code, is
amended—
(1) in subsection (c)(1), by striking ‘‘No person
sentenced under this subsection shall be eligible for
parole during the term of imprisonment imposed
herein.’’; and
(2) in subsection (e)(1), by striking ‘‘, and such
person shall not be eligible for parole with respect to
the sentence imposed under this subsection’’.
Subtitle D—Miscellaneous
SEC. 761. INCREASED PENALTIES FOR TRAVEL ACT CRIMES
INVOLVING VIOLENCE AND CONSPIRACY TO
COMMIT CONTRACT KILLINGS.
(a) TRAVEL ACT PENALTIES.—Section 1952(a) of
title 18, United States Code, is amended by striking ‘‘and
thereafter performs or attempts to perform any of the acts
specified in subparagraphs (1), (2), and (3), shall be fined
not more than $10,000 or imprisoned for not more than
244
five years, or both.’’ and inserting ‘‘and thereafter per-
forms or attempts to perform—
‘‘(A) an act described in paragraph (1) or (3)
shall be fined under this title, imprisoned not more
than 5 years, or both; or
‘‘(B) an act described in paragraph (2) shall be
fined under this title, imprisoned for not more than
20 years, or both, and if death results shall be im-
prisoned for any term of years or for life.’’.
(b) MURDER
CONSPIRACY
PENALTIES.—Section
1958(a) of title 18, United States Code, is amended by
inserting ‘‘or who conspires to do so’’ before ‘‘shall be
fined’’ the first place it appears.
SEC. 762. CRIMINAL OFFENSE FOR FAILING TO OBEY AN
ORDER TO LAND A PRIVATE AIRCRAFT.
(A) IN GENERAL.—Chapter 109 of title 18, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2237. Order to land
‘‘(a)(1) A pilot or operator of an aircraft that has
crossed the border of the United States, or an aircraft
subject to the jurisdiction of the United States operating
outside the United States, who intentionally fails to obey
an order to land issued by an authorized Federal law en-
forcement officer who has observed conduct or is otherwise
245
in possession of information establishing reasonable sus-
picion that the aircraft is being used unlawfully in viola-
tion of the laws of the United States relating to controlled
substances as that term is defined in section 102(6) of
the Controlled Substances Act, or section 1956 or 1957
of this title (relating to money launderings), shall be fined
under this title, or imprisoned for not more than 2 years,
or both.
‘‘(2) The Secretary of the Treasury and the Secretary
of Transportation, in consultation with the Attorney Gen-
eral, shall make rules governing the means by which a
Federal Law enforcement officer may communicate an
order to land to a pilot or operator of an aircraft.
‘‘(3) This section does not limit the authority of a
customs officer under section 581 of the Tariff Act of
1930 or another law the Customs Service enforces or ad-
ministers, or the authority of a Federal law enforcement
officer under a law of the United States to order an air-
craft to land.
‘‘(b) A foreign nation may consent or waive objection
to the United States enforcing the laws of the United
States by radio, telephone, or similar oral or electronic
means. Consent or waiver may be proven by certification
of the Secretary of State or the Secretary’s designee.
‘‘(c) For purposes of this section—
246
‘‘(1) the term ‘aircraft subject to the jurisdic-
tion of the United States’ includes—
‘‘(A) an aircraft located over the United
States or the customs waters of the United
States;
‘‘(B) an aircraft located in the airspace of
a foreign nation, when that nation consents to
United States enforcement of United States
law; and
‘‘(C) over the high seas, an aircraft with-
out nationality, an aircraft of the United States
registry, or an aircraft registered in a foreign
nation that has consented or waived objection
to the United States enforcement of United
States law; and
‘‘(2) the term ‘Federal law enforcement officer’
has the same meaning that term has in section 115
of this title.
‘‘(d) An aircraft that is used in violation of this sec-
tion is liable in rem for a fine imposed under this section;
‘‘(e) An aircraft that is used in violation of this sec-
tion may be seized and forfeited. The laws relating to sei-
zure and forfeiture for violation of the customs laws, in-
cluding available defenses such as innocent owner provi-
260
quest for postconviction review pending before a
State court of competent jurisdiction; if all State fil-
ing rules are met in a timely manner, this period
shall run continuously from the date that the State
prisoner initially files for postconviction review until
final disposition of the case by the highest court of
the State, but the time requirements established by
this section are not tolled during the pendency of a
petition for certiorari before the Supreme Court ex-
cept as provided in paragraph (1); and
‘‘(3) during an additional period not to exceed
sixty days, if (A) a motion for an extension of time
is filed in the Federal district court that would have
proper jurisdiction over the case upon the filing of
a habeas corpus petition under section 2254; and
(B) a showing of good cause is made for the failure
to file the habeas corpus petition within the time pe-
riod established by this section.
‘‘§ 2259. Evidentiary hearings; scope of Federal re-
view; district court adjudication
‘‘(a) Whenever a State prisoner under a capital sen-
tence files a petition for habeas corpus relief to which this
chapter applies, the district court shall—
‘‘(1) determine the sufficiency of the record for
habeas corpus review based on the claims actually