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 Com-
mittee 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 jurisdic-
tion 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 chil-
dren from injuring themselves and others with 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.
This Act may be cited as the ‘‘Youth Violence Preven-
tion Act of 2001’’.
TITLE 
I—EXPANSION 
OF 
IN-
STANT GUN CHECK CAPABILI-
TIES
SEC. 101. EXPANSION OF BYRNE PURPOSES.
Section 501(b) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3751(b)) is
amended—
(1) by redesignating paragraphs (16) through
the second paragraph (27) as paragraphs (17)
through (30), respectively; and
(2) by inserting after paragraph (15) the fol-
lowing:
‘‘(16) developing or expanding a State instant
criminal background check system that includes al-
lowing only limited access of the system, regarding
the eligibility status of a proposed firearm purchaser
(after receiving the purchaser’s express authoriza-
tion), to a person who sells a firearm and is not a
licensed dealer;’’.
SEC. 102. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS.
Section 509 of Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3759) is amended by—
(1) in subsection (a), by striking ‘‘5 percent’’
and inserting ‘‘6 percent’’; and
(2) in subsection (b)—
(A) in paragraph (3), by striking ‘‘and’’
after the semicolon;
(B) in the first paragraph (4), by striking
the period and inserting ‘‘; and’’;
(C) by redesignating the second paragraph
(4) that ends with ‘‘1993.’’as paragraph (6);
and
(D) by inserting after the first paragraph
(4) the following:
‘‘(5) developing or expanding a State instant
criminal background check system that includes al-
lowing only limited access of the system, regarding
the eligibility status of a proposed firearm purchaser
(after receiving the purchaser’s express authoriza-
tion), to a person who sells a firearm and is not a
licensed dealer; and’’.
TITLE 
II—NONREFUNDABLE
CREDIT FOR PURCHASE OF
SAFE STORAGE DEVICES FOR
FIREARMS
SEC. 201. NONREFUNDABLE CREDIT FOR PURCHASE OF
SAFE STORAGE DEVICES FOR FIREARMS.
(a) IN GENERAL.—Subpart A of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of
1986 (relating to nonrefundable personal credits) is
amended by inserting after section 25A the following new
section:
‘‘SEC. 25B. PURCHASE OF SAFE STORAGE DEVICES FOR
FIREARMS.
‘‘(a) ALLOWANCE OF CREDIT.—There shall be al-
lowed as a credit against the tax imposed by this chapter
for a taxable year an amount equal to the qualified firearm
safe storage device expenses for the taxable year.
‘‘(b) LIFETIME DOLLAR LIMITATION.—The aggre-
gate amount of expenses paid by an individual which may
be treated as qualified firearm safe storeage device ex-
penses for any taxable year shall not exceed the excess
(if any) of—
‘‘(1) $250, over
‘‘(2) the aggregate amounts treated as qualified
firearm safe storeage device expenses with respect to
such individual for all prior taxable years.
‘‘(c) QUALIFIED FIREARM SAFE STORAGE DEVICE
EXPENSE.—For purposes of this section—
‘‘(1) IN GENERAL.—The term ‘qualified firearm
safe storage device expense’ means amounts paid for
a trigger lock, secure locked cabinet, or other safety
device used solely for the storeage of a firearm.
‘‘(2) FIREARM.—The term ‘firearm’ has the
meaning given such term by section 921(a)(3) of
title 18, United States Code.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for subpart A of part IV of subchapter A of chapter 1
of such Code is amended by inserting after the item relat-
ing to section 25A the following new item:
‘‘Sec. 25B. Purchase of safe storage devices for firearms.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 2000.
TITLE III—HANDGUN CHILD
SAFETY LOCKS
SEC. 301. PROHIBITION AGAINST MANUFACTURE OF A
HANDGUN WITHOUT CHILD SAFETY LOCKS.
(a) PROHIBITION
AGAINST
MANUFACTURE
OF
HANDGUN WITHOUT CHILD SAFETY LOCK ATTACHED.—
(1) PROHIBITION.—It shall be unlawful for any
person, in or affecting commerce, to manufacture a
handgun in the United States, unless a child safety
lock which meets the requirement of subsection (b)
is attached to, or is an integral part of, the firearm.
(2) PENALTIES.—The Secretary shall impose a
civil fine of $5,000 on any person who violates para-
graph (1).
(b) CHILD SAFETY LOCK REQUIREMENTS.—A lock
meets the requirements of this subsection if the lock, while
activated or attached to the firearm, prevents the firearm
from being discharged.
(c) JUDICIAL REVIEW.—Not later than 60 days after
an individual receives notice from the Secretary of a deci-
sion to impose a fine on the individual under this section,
the individual may bring an action against the Secretary
in any United States district court for de novo review of
the decision.
(d) INAPPLICABILITY
TO
GOVERNMENTAL
ENTI-
TIES.—Subsection (a) shall not apply to conduct of, or au-
thorized by, the United States or any department or agen-
cy thereof, or any State or any department, agency, or
political subdivision thereof.
(e) DEFINITIONS.—As used in this section, the terms
‘‘State’’, ‘‘handgun’’, and ‘‘Secretary’’ shall have the
meanings given such terms in section 921(a) of title 18,
United States Code.
TITLE IV—CHILD FIREARM
ACCESS PREVENTION
SEC. 401. CHILDREN AND FIREARMS SAFETY.
(a) PROHIBITION AND PENALTIES.—Section 922 of
title 18, United States Code, is amended by inserting after
subsection (y) the following:
‘‘(z) PROHIBITION AGAINST GIVING JUVENILES AC-
CESS TO CERTAIN FIREARMS.—
‘‘(1) DEFINITION OF JUVENILE.—In this sub-
section, the term ‘juvenile’ means an individual who
has not attained the age of 18 years.
‘‘(2) PROHIBITION.—Except as provided in
paragraph (3), any person that—
‘‘(A) keeps a loaded firearm, or an un-
loaded firearm and ammunition for the firearm,
any of which has been shipped or transported
in interstate or foreign commerce or otherwise
substantially affects interstate or foreign com-
merce, within any premise that is under the
custody or control of that person; and
‘‘(B) knows, or reasonably should know,
that a juvenile is capable of gaining access to
the firearm without the permission of the par-
ent or legal guardian of the juvenile,
shall, if a juvenile obtains access to the firearm and
thereby causes death or bodily injury to the juvenile
or to any other person, or exhibits the firearm either
in a public place, or in violation of subsection (q),
be imprisoned not more than 1 year, fined not more
than $10,000, or both.
‘‘(3) EXCEPTIONS.—Paragraph (2) does not
apply if—
‘‘(A) the person uses a secure gun storage
or safety device for the firearm;
‘‘(B) the person is a peace officer, a mem-
ber of the Armed Forces, or a member of the
National Guard, and the juvenile obtains the
firearm during, or incidental to, the perform-
ance of the official duties of the person in that
capacity;
‘‘(C) the juvenile obtains, or obtains and
discharges, the firearm in a lawful act of self-
defense or defense of 1 or more other persons;
‘‘(D) the person has no reasonable expecta-
tion, 
based 
on 
objective 
facts 
and 
cir-
cumstances, that a juvenile is likely to be
present on the premises on which the firearm is
kept; or
‘‘(E) the juvenile obtains the firearm as a
result of unlawful entry by the juvenile.’’.
(b) ROLE OF LICENSED FIREARMS DEALERS.—Sec-
tion 926 of title 18, United States Code, is amended by
adding at the end the following:
‘‘(d) The Secretary shall ensure that a copy of section
922(z) appears on the form required to be obtained by
a licensed dealer from a prospective transferee of a fire-
arm.’’.
(c) NO EFFECT ON STATE LAW.—Nothing in this
section or the amendments made by this section shall be
construed to preempt any provision of the law of any
State, the purpose of which is to prevent children from
injuring themselves or others with firearms.
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