I
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CHILDREN AND FIREARMS SAFETY.
(a) PROHIBITION AGAINST AFFORDING A JUVENILE
UNSUPERVISED ACCESS TO CERTAIN FIREARMS.—
(1) PROHIBITION.—It shall be unlawful for any
person to leave a loaded firearm, or an unloaded
firearm and ammunition for the firearm, any of
which has been shipped or transported in interstate
or foreign commerce, in a manner that the person
knows, or reasonably should know, is likely to be ac-
cessible to a juvenile, unless the person has given the
juvenile permission to possess the firearm, and the
possession is under the supervision of an adult who
is not prohibited by Federal, State, or local law from
possessing a firearm.
(2) AFFIRMATIVE DEFENSE.—It shall be an af-
firmative defense to a prosecution under paragraph
(1) that the firearm was left in a locked, opaque box
or with a trigger locking device installed.
(3) ADMINISTRATIVE PENALTY.—The Secretary
of the Treasury shall, after notice and opportunity
for hearing, impose a civil money penalty of not
more than $1,000 upon any person who violates
paragraph (1).
(4) JUDICIAL REVIEW.—The Secretary’s action
under paragraph (3) of this subsection may be re-
viewed only as provided in section 923(f)(3) of title
18, United States Code.
(5) DEFINITIONS.—As used in this subsection:
(A) ADULT.—The term ‘‘adult’’ means an
individual who has attained 21 years of age.
(B) FIREARM.—The term ‘‘firearm’’ has
the meaning given such term by section
921(a)(3) of title 18, United States Code.
(C) 
INTERSTATE
OR
FOREIGN
COM-
MERCE.—The term ‘‘interstate or foreign com-
merce’’ has the meaning given such term by
section 921(a)(2) of title 18, United States
Code.
(D) 
JUVENILE.—The 
term 
‘‘juvenile’’
means an individual who has not attained 18
years of age.
(E) TRIGGER LOCKING DEVICE.—The term
‘‘trigger locking device’’ has the meaning given
such term in section 921(a)(34) of title 18,
United States Code.
(b) ROLE OF LICENSED FIREARMS DEALERS.—
(1) PROHIBITION AGAINST SALE OF FIREARM
WITHOUT OFFERING TRIGGER LOCKS.—
(A) PROHIBITION.—Section 922 of title
18, United States Code, is amended by adding
at the end the following:
‘‘(y)(1) It shall be unlawful for a licensed dealer to
sell a firearm to any person unless, before the sale, the
dealer—
‘‘(A) has offered to sell the purchaser a trigger
locking device;
‘‘(B) has explained the operation of any trigger
locking device so offered; and
‘‘(C) has had the person indicate in writing that
the person understands that trigger locking devices
are available for purchase.
‘‘(2) Paragraph (1) shall not apply to a sale to—
‘‘(A) a licensed firearm dealer for resale in the
ordinary course of business; or
‘‘(B) an agency of government with law enforce-
ment authority;
‘‘(C) the Armed Forces of the United States; or
‘‘(D) the National Guard of any State.’’.
(B) 
TRIGGER
LOCKING
DEVICE
DE-
FINED.—Section 921(a) of such title is amend-
ed by adding at the end the following:
‘‘(34) The term ‘trigger locking device’ means, with
respect to a firearm, a device which, when locked on,
around, or in the firearm, renders the firearm incapable
of being fired.’’.
(2) NOTICE REQUIREMENTS.—
(A) NOTICE TO BE POSTED BY LICENSED
DEALERS.—Section 923 of such title is amend-
ed by adding at the end the following:
‘‘(m) Each licensed dealer shall post conspicuously at
the place of business of the licensed dealer a copy of sec-
tion 1(a) of the Act, entitled ‘An Act to prevent children
from injuring themselves with firearms.’, in block letters
that are not less than 1 inch in height.’’.
(B) NOTICE
TO
BE
INCLUDED
ON
THE
FORM
REQUIRED
TO
BE
OBTAINED
BY
LI-
CENSED
DEALERS
FROM
PROSPECTIVE
FIRE-
ARMS TRANSFEREES.—Section 926 of such title
is amended by adding at the end the following:
‘‘(d) The Secretary shall ensure that a copy of section
1(a) of the Act, entitled ‘An Act to prevent children from
injuring themselves with firearms.’, appear on the form
required to be obtained by a licensed dealer from a pro-
spective transferee of a firearm.’’.
Æ