I
105TH CONGRESS
1ST SESSION
H. R. 788
To expand the powers of the Secretary of the Treasury and the Bureau
of Alcohol, Tobacco and Firearms to regulate the manufacture, distribu-
tion, and sale of firearms and ammunition, and to expand the jurisdiction
of the Bureau to include firearm products and non-powder firearms.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 13, 1997
Mr. OWENS (for himself, Mr. SCHUMER, and Mr. HASTINGS of Florida) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
A BILL
To expand the powers of the Secretary of the Treasury
and the Bureau of Alcohol, Tobacco and Firearms to
regulate the manufacture, distribution, and sale of fire-
arms and ammunition, and to expand the jurisdiction
of the Bureau to include firearm products and non-
powder firearms.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Firearms Safety and Violence Prevention Act of 1997’’.
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(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
TITLE I—REGULATION OF FIREARM PRODUCTS
Sec. 101. Regulatory authority.
Sec. 102. Orders; inspections.
TITLE II—PROHIBITIONS
Sec. 201. Prohibitions.
Sec. 202. Inapplicability to governmental authorities.
TITLE III—ENFORCEMENT
SUBTITLE A—CIVIL ENFORCEMENT
Sec. 301. Civil penalties.
Sec. 302. Injunctive enforcement and seizure.
Sec. 303. Imminently hazardous firearms.
Sec. 304. Private cause of action.
Sec. 305. Private enforcement of this Act.
Sec. 306. Effect on private remedies.
SUBTITLE B—CRIMINAL ENFORCEMENT
Sec. 351. Criminal penalties.
TITLE IV—ADMINISTRATIVE PROVISIONS
Sec. 401. Firearms violence information and research.
Sec. 402. Annual reports to the Congress.
TITLE V—RELATIONSHIP TO OTHER LAW
Sec. 501. Subordination to the Arms Export Control Act.
Sec. 502. Effect on State law.
TITLE VI—DEFINITIONS
Sec. 601. Definitions.
TITLE VII—EFFECTIVE DATE
Sec. 701. Effective date.
SEC. 2. PURPOSES.
The purposes of this Act are—
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(1) to protect the public against unreasonable
risk of injury and death associated with firearms
and related products;
(2) to develop safety standards for firearms and
related products;
(3) to assist consumers in evaluating the com-
parative safety of firearms and related products;
(4) to promote research and investigation into
the causes and prevention of firearm-related deaths
and injuries;
(5) to restrict the availability of weapons that
pose an unreasonable risk of death or injury; and
(6) to restrict development of weapons that
pose a threat to public safety.
TITLE I—REGULATION OF
FIREARM PRODUCTS
SEC. 101. REGULATORY AUTHORITY.
(a) IN GENERAL.—The Secretary shall prescribe
such regulations governing the design, manufacture, and
performance of, and commerce in, firearm products, con-
sistent with this Act, as are reasonably necessary to reduce
or prevent unreasonable risk of injury resulting from the
use of such products.
(b) MAXIMUM INTERVAL BETWEEN ISSUANCE OF
PROPOSED AND FINAL REGULATION.—Within 120 days
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after the Secretary issues a proposed regulation under
subsection (a) with respect to a matter, the Secretary shall
issue a regulation in final form with respect to the matter.
(c) PETITIONS.—
(1) IN GENERAL.—Any person may petition the
Secretary to—
(A) issue, amend, or repeal a regulation
prescribed under subsection (a) of this section;
or
(B) require the recall, repair, or replace-
ment of a firearm product, or the issuance of
refunds with respect to a firearm product.
(2) DEADLINE
FOR
ACTION
ON
PETITION.—
Within 120 days after receipt of a petition referred
to in paragraph (1), the Secretary shall—
(A) grant, in whole or in part, or deny the
petition; and
(B) provide the petitioner with the reasons
for granting or denying the petition.
SEC. 102. ORDERS; INSPECTIONS.
(a) AUTHORITY TO PROHIBIT MANUFACTURE, SALE,
OR TRANSFER OF FIREARM PRODUCTS MADE, IMPORTED,
TRANSFERRED, OR DISTRIBUTED IN VIOLATION OF REG-
ULATION.—The Secretary may issue an order prohibiting
the manufacture, sale, or transfer of a firearm product