I
106TH CONGRESS
1ST SESSION
H. R. 1768
To strengthen America’s firearms and explosives laws.
IN THE HOUSE OF REPRESENTATIVES
MAY 12, 1999
Mr. CONYERS (for himself, Mrs. MORELLA, Mr. NADLER, Ms. LOFGREN, Ms.
JACKSON-LEE of Texas, Ms. WATERS, Mr. MEEHAN, Mr. DELAHUNT,
Mr. WEXLER, Mr. ROTHMAN, Mr. WEINER, Mr. ACKERMAN, Mr. AN-
DREWS, Mr. BARRETT of Wisconsin, Mr. BLAGOJEVICH, Mr. CROWLEY,
Mr. CUMMINGS, Ms. DEGETTE, Ms. DELAURO, Mr. DIXON, Mr. FARR
of California, Mr. HOEFFEL, Mr. KENNEDY of Rhode Island, Mrs.
MCCARTHY of New York, Mr. MARKEY, Ms. NORTON, Mrs. TAUSCHER,
Mrs. JONES of Ohio, Mr. VENTO, and Mr. WAXMAN) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and
in addition to the Committee on Ways and Means, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
A BILL
To strengthen America’s firearms and explosives laws.
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 Gun Crime En-
forcement Act of 1999’’.
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—EXTENDING AND STRENGTHENING THE BRADY LAW
Subtitle A—Extending the Brady Act to Gun Shows
Sec. 101. Regulation of gun shows; findings.
Sec. 102. Extension of Brady checks to gun shows.
Subtitle B—Establishing a Mandatory Handgun Waiting Period and Giving
Law Enforcement More Time to Complete Background Checks
Sec. 103. Mandatory waiting period and additional time for background checks.
Subtitle C—Keeping Guns Out of The Hands of Dangerous Juvenile
Offenders
Sec. 104. Permanent prohibition on firearms transfers to or possession by dan-
gerous juvenile offenders.
TITLE II—RESTRICTING YOUTH ACCESS TO FIREARMS
Sec. 201. Increasing youth gun safety by raising the age of handgun eligibility
and prohibiting youth from possessing semiautomatic assault
weapons.
Sec. 202. Enhanced penalty for youth possession of handguns and semiauto-
matic assault weapons and for the transfer of such weapons to
youth.
Sec. 203. Gun storage and safety devices for all firearms.
Sec. 204. Responsibility of adults for death and injury caused by child access
to firearms.
TITLE III—COMBATING ILLEGAL TRAFFICKING IN GUNS
Subtitle A—Restricting the Sources of Illegal Guns
Sec. 301. Preventing gun trafficking by restricting handgun transfers to one
per month.
Sec. 302. Secure storage of firearms inventories.
Sec. 303. Requiring thefts from common carriers to be reported.
Sec. 304. Increasing the number of allowed compliance inspections of firearms
dealers.
Sec. 305. Transfer of firearm to commit a crime of violence.
Sec. 306. Licensee reports of secondhand firearms.
Sec. 307. Voluntary submission of dealer’s records.
Subtitle B—Enhancing Penalties for Gun Trafficking
Sec. 308. Increasing the penalties on gun kingpins.
Sec. 309. Serious recordkeeping offenses that aid gun trafficking.
Sec. 310. Suspension of firearms dealer’s licenses and civil penalties for viola-
tions of the Gun Control Act.
Sec. 311. Termination of firearms dealer’s license upon felony conviction.
Sec. 312. Increased penalty for transactions involving firearms with obliterated
serial numbers.
Sec. 313. Forfeiture for gun trafficking.
Sec. 314. Authorization of appropriations.
TITLE IV—STRENGTHENING THE ASSAULT WEAPONS BAN
Sec. 401. Ban on importing large capacity ammunition feeding devices.
TITLE V—COMBATING CRIMINAL MISUSE OF FIREARMS
Sec. 501. Certain gang-related firearms offenses as RICO predicates.
Sec. 502. Increased penalty for firearms conspiracy.
Sec. 503. Gun convictions as predicate crimes for Armed Career Criminal Act.
Sec. 504. Serious juvenile drug trafficking offenses as Armed Career Criminal
Act predicates.
Sec. 505. Limitation period for National Firearms Act prosecutions.
Sec. 506. Forfeiture of firearms used in crimes of violence and felonies.
Sec. 507. Separate licenses for gunsmiths.
TITLE VI—ENHANCING FIREARMS ENFORCEMENT
Sec. 601. Additional support for enhanced firearms prosecution projects.
Sec. 602. Youth Crime Gun Interdiction Initiative (YCGII).
TITLE VII—COMBATING CRIMINAL MISUSE OF EXPLOSIVES
Sec. 701. Permits and background checks for purchases of explosives.
Sec. 702. Persons prohibited from receiving or possessing explosives.
Sec. 703. Prohibiting possession of explosives by juveniles.
Sec. 704. Requirements concerning black powder and bulk smokeless powder.
Sec. 705. Authorizations of appropriations.
TITLE 
I—EXTENDING 
AND
STRENGTHENING THE BRADY
LAW
Subtitle A—Extending The Brady
Act to Gun Shows
SEC. 101. REGULATION OF GUN SHOWS; FINDINGS.
Congress finds that—
(1) more than 4,400 traditional gun shows are
held annually across the United States, attracting
thousands of attendees per show and hundreds of
Federal firearms licensees and non-licensed firearms
sellers;
(2) traditional gun shows, as well as flea mar-
kets and other organized events, at which a large
number of firearms are offered for sale by Federal
firearms licensees and nonlicensed firearms sellers,
form a significant part of the national firearms mar-
ket;
(3) firearms and ammunition that are exhibited
or offered for sale or exchange at gun shows, flea
markets, and other organized events move easily in
and substantially affect interstate commerce;
(4) in fact, even before a firearm is exhibited or
offered for sale or exchange at a gun show, flea mar-
ket, or other organized event, the gun, its component
parts, ammunition, and the raw materials from
which it is manufactured have moved in interstate
commerce;
(5) gun shows, flea markets, and other orga-
nized events at which firearms are exhibited or of-
fered for sale or exchange, provide a convenient and
centralized commercial location at which firearms
may be bought and sold anonymously, often without
background checks and without records that enable
gun tracing;
(6) at gun shows, flea markets, and other orga-
nized events at which guns are exhibited or offered
for sale or exchange, criminals and other prohibited
persons obtain guns without background checks and
frequently use guns that cannot be traced to later
commit crimes;
(7) many persons who buy and sell firearms at
gun shows, flea markets, and other organized events
cross State lines to attend these events and engage
in the interstate transportation of firearms obtained
at these events;
(8) gun violence is a pervasive, national prob-
lem that is exacerbated by the availability of guns at
gun shows, flea markets, and other organized events;
(9) firearms associated with gun shows have
been transferred illegally to residents of another
State by Federal firearms licensees and nonlicensed
firearms sellers, and have been involved in subse-
quent crimes including drug offenses, crimes of vio-
lence, property crimes, and illegal possession of fire-
arms by felons and other prohibited persons; and
(10) Congress has the power, under the inter-
state commerce clause and other provisions of the
Constitution of the United States, to ensure, by en-
actment of this Act, that criminals and other prohib-
ited persons do not obtain firearms at gun shows,
flea markets, and other organized events.
SEC. 102. EXTENSION OF BRADY BACKGROUND CHECKS TO
GUN SHOWS.
(a) DEFINITIONS.—Section 921(a) of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(35) GUN SHOW.—The term ‘gun show’ means any
event—
‘‘(A) at which 50 or more firearms are offered
or exhibited for sale, transfer, or exchange, if 1 or
more of the firearms has been shipped or trans-
ported in, or otherwise affects, interstate or foreign
commerce; and
‘‘(B) at which 2 or more persons are offering
or exhibiting 1 or more firearms for sale, transfer,
or exchange.
‘‘(36) GUN SHOW PROMOTER.—The term ‘gun show
promoter’ means any person who organizes, plans, pro-
motes, or operates a gun show.
‘‘(37) GUN SHOW VENDOR.—The term ‘gun show
vendor’ means any person who exhibits, sells, offers for
sale, transfers, or exchanges 1 or more firearms at a gun
show, regardless of whether or not the person arranges
with the gun show promoter for a fixed location from
which to exhibit, sell, offer for sale, transfer, or exchange
1 or more firearms.’’.
(b) REGULATION OF FIREARMS TRANSFERS AT GUN
SHOWS.—
(1) IN
GENERAL.—Chapter 44 of title 18,
United States Code, is amended by adding at the
end the following:
‘‘§ 931. Regulation of firearms transfers at gun shows
‘‘(a) REGISTRATION OF GUN SHOW PROMOTERS.—
It shall be unlawful for any person to organize, plan, pro-
mote, or operate a gun show unless that person—
‘‘(1) registers with the Secretary in accordance
with regulations promulgated by the Secretary; and
‘‘(2) pays a registration fee, in an amount de-
termined by the Secretary.
‘‘(b) RESPONSIBILITIES
OF
GUN
SHOW
PRO-
MOTERS.—It shall be unlawful for any person to organize,
plan, promote, or operate a gun show unless that person—
‘‘(1) not later than 30 days before commence-
ment of the gun show, notifies the Secretary of the
date, time, duration, and location of the gun show
and any other information concerning the gun show
as the Secretary may require by regulation;
‘‘(2) not later than 72 hours before commence-
ment of the gun show, submits to the Secretary an
updated list of all gun show vendors planning to par-
ticipate in the gun show and any other information
concerning such vendors as the Secretary may re-
quire by regulation;
‘‘(3) before commencement of the gun show,
verifies the identity of each gun show vendor partici-
pating in the gun show by examining a valid identi-
fication document (as defined in section 1028(d)(1))
of the vendor containing a photograph of the vendor;
‘‘(4) before commencement of the gun show, re-
quires each gun show vendor to sign—
‘‘(A) a ledger with identifying information
concerning the vendor; and
‘‘(B) a notice advising the vendor of the
obligations of the vendor under this chapter;
and
‘‘(5) notifies each person who attends the gun
show of the requirements of this chapter, in accord-
ance with such regulations as the Secretary shall
prescribe;
‘‘(6) not later than 5 days after the last day of
the gun show, submits to the Secretary a copy of the
ledger and notice described in paragraph (4); and
‘‘(7) maintains a copy of the records described
in paragraphs (2) through (4) at the permanent
place of business of the gun show promoter for such
period of time and in such form as the Secretary
shall require by regulation.
‘‘(c) RESPONSIBILITIES
OF TRANSFERORS OTHER
THAN LICENSEES.—
‘‘(1) IN GENERAL.—If any part of a firearm
transaction takes place at a gun show, it shall be
unlawful for any person who is not licensed under
this chapter to transfer a firearm to another person
who is not licensed under this chapter, unless the
firearm is transferred through a licensed importer,
licensed manufacturer, or licensed dealer in accord-
ance with subsection (e).
‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per-
son who is subject to the requirement of paragraph
(1)—
‘‘(A) shall not transfer the firearm to the
transferee until the licensed importer, licensed
manufacturer, or licensed dealer through which
the transfer is made under subsection (e)
makes the notification described in subsection
(e)(3)(A); and
‘‘(B) notwithstanding subparagraph (A),
shall not transfer the firearm to the transferee
if the licensed importer, licensed manufacturer,
or licensed dealer through which the transfer is
made under subsection (e) makes the notifica-
tion described in subsection (e)(3)(B).
‘‘(d) RESPONSIBILITIES OF TRANSFEREES OTHER
THAN LICENSEES.—
‘‘(1) IN GENERAL.—If any part of a firearm
transaction takes place at a gun show, it shall be
unlawful for any person who is not licensed under
this chapter to receive a firearm from another per-
son who is not licensed under this chapter, unless
the firearm is transferred through a licensed im-
porter, licensed manufacturer, or licensed dealer in
accordance with subsection (e).
‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per-
son who is subject to the requirement of paragraph
(1)—
‘‘(A) shall not receive the firearm from the
transferor until the licensed importer, licensed
manufacturer, or licensed dealer through which
the transfer is made under subsection (e)
makes the notification described in subsection
(e)(3)(A); and
‘‘(B) notwithstanding subparagraph (A),
shall not receive the firearm from the transferor
if the licensed importer, licensed manufacturer,
or licensed dealer through which the transfer is
made under subsection (e) makes the notifica-
tion described in subsection (e)(3)(B).
‘‘(e) RESPONSIBILITIES OF LICENSEES.—A licensed
importer, licensed manufacturer, or licensed dealer who
agrees to assist a person who is not licensed under this
chapter in carrying out the responsibilities of that person
under subsection (c) or (d) with respect to the transfer
of a firearm shall—
‘‘(1) enter such information about the firearm
as the Secretary may require by regulation into a
separate bound record;
‘‘(2) record the transfer on a form specified by
the Secretary;
‘‘(3) comply with section 922(t) as if transfer-
ring the firearm from the inventory of the licensed
importer, licensed manufacturer, or licensed dealer
to the designated transferee (although a licensed im-
porter, licensed manufacturer, or licensed dealer
complying with this subsection shall not be required
to again comply with the requirements of section
922(t) in delivering the firearm to the non-licensed
transferor), and notify the non-licensed transferor
and the non-licensed transferee—
‘‘(A) of such compliance; and
‘‘(B) if the transfer is subject to the re-
quirements of section 922(t)(1), of any receipt
by the licensed importer, licensed manufacturer,
or licensed dealer of a notification from the na-
tional instant criminal background check sys-
tem that the transfer would violate section 922
or would violate State law;
‘‘(4) not later than 10 days after the date on
which the transfer occurs, submit to the Secretary a
report of the transfer, which report—
‘‘(A) shall be on a form specified by the
Secretary by regulation; and
‘‘(B) shall not include the name of or other
identifying information relating to any person
involved in the transfer who is not licensed
under this chapter;
‘‘(5) if the licensed importer, licensed manufac-
turer, or licensed dealer assists a person other than
a licensee in transferring, at 1 time or during any
5 consecutive business days, 2 or more pistols or re-
volvers, or any combination of pistols and revolvers
totaling 2 or more, to the same non-licensed person,
in addition to the reports required under paragraph
(4), prepare a report of the multiple transfers, which
report shall be—
‘‘(A) prepared on a form specified by the
Secretary; and
‘‘(B) not later than the close of business
on the date on which the transfer occurs, for-
warded to—
‘‘(i) the office specified on the form
described in subparagraph (A); and
‘‘(ii) the appropriate State law en-
forcement agency of the jurisdiction in
which the transfer occurs; and
‘‘(6) retain a record of the transfer as part of
the permanent business records of the licensed im-
porter, licensed manufacturer, or licensed dealer.
‘‘(f) RECORDS OF LICENSEE TRANSFERS.—If any
part of a firearm transaction takes place at a gun show,
each licensed importer, licensed manufacturer, and li-
censed dealer who transfers 1 or more firearms to a person
who is not licensed under this chapter shall, not later than
10 days after the date on which the transfer occurs, sub-
mit to the Secretary a report of the transfer, which
report—
‘‘(1) shall be in a form specified by the Sec-
retary by regulation;
‘‘(2) shall not include the name of or other
identifying information relating to the transferee;
and
‘‘(3) shall not duplicate information provided in
any report required under subsection (e)(4).
‘‘(g) FIREARM TRANSACTION DENIED.—In this sec-
tion, the term ‘firearm transaction’ includes the exhibition,
sale, offer for sale, transfer, or exchange of a firearm.’’.
(2) PENALTIES.—Section 924(a) of title 18,
United States Code, is amended by adding at the
end the following:
‘‘(7)(A) Whoever knowingly violates section 931(a)
shall be fined under this title, imprisoned not more than
5 years, or both.
‘‘(B) Whoever knowingly violates subsection (b)
or (c) of section 931, shall be—
‘‘(i) fined under this title, imprisoned not
more than 2 years, or both; and
‘‘(ii) in the case of a second or subsequent
conviction, such person shall be fined under this
title, imprisoned not more than 5 years, or
both.
‘‘(C) Whoever willfully violates section 931(d)
shall be—
‘‘(i) fined under this title, imprisoned not
more than 2 years, or both; and
‘‘(ii) in the case of a second or subsequent
conviction, such person shall be fined under this
title, imprisoned not more than 5 years, or
both.
‘‘(D) Whoever knowingly violates subsection (e)
or (f) of section 931 shall be fined under this title,
imprisoned not more than 5 years, or both.
‘‘(E) In addition to any other penalties imposed
under this paragraph, the Secretary may, with re-
spect to any person who knowingly violates any pro-
vision of section 931—
‘‘(i) if the person is registered pursuant to
section 931(a), after notice and opportunity for
a hearing, suspend for not more than 6 months
or revoke the registration of that person under
section 931(a); and
‘‘(ii) impose a civil fine in an amount equal
to not more than $10,000.’’.
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Chapter 44 of title 18, United States
Code, is amended—
(A) in the chapter analysis by adding at
the end the following: ‘‘931. Regulation of fire-
arms transfers at gun shows.’’; and
(B) in the first sentence of section 923(j),
by striking ‘‘a gun show or event’’ and inserting
‘‘an event’’.
(4) 
INSPECTION
AUTHORITY.—Section
923(g)(1) of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘(E) Notwithstanding subparagraph (B), the Sec-
retary may enter during business hours the place of busi-
ness of any gun show promoter and any place where a
gun show is held for the purposes of examining the records
required by sections 923 and 931 and the inventory of
licensees conducting business at the gun show. Such entry
and examination shall be conducted for the purposes of
determining compliance with this chapter by gun show
promoters and licensees conducting business at the gun
show and shall not require a showing of reasonable cause
or a warrant.’’.
(c) INCREASED PENALTIES
FOR VIOLATIONS
OF
CRIMINAL BACKGROUND CHECK REQUIREMENTS.—
(1) PENALTIES.—Section 924(a) of title 18,
United States Code, is amended—
(A) in paragraph (5), by striking ‘‘sub-
section (s) or (t) of section 922’’ and inserting
‘‘section 922(s)’’; and
(B) by adding at the end the following:
‘‘(8) Whoever knowingly violates section 922(t) shall
be fined under this title, imprisoned not more than 5
years, or both.’’.
(2) ELIMINATION OF CERTAIN ELEMENTS OF
OFFENSE.—Section 922(t)(5) of title 18, United
States Code, is amended by striking ‘‘and, at the
time’’ and all that follows through ‘‘State law’’.
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect 180 days after
the date of enactment of this Act.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section.
Subtitle B—Establishing a Manda-
tory Handgun Waiting Period
and Giving Law Enforcement
More Time to Complete Back-
ground Checks
SEC. 103. MANDATORY WAITING PERIOD AND ADDITIONAL
TIME FOR BACKGROUND CHECKS.
Section 922(t) of title 18, United States Code, is
amended—
(1) in paragraph (1)(A), by inserting ‘‘and, in
accordance with regulations prescribed by the Sec-
retary, transmits notice of the proposed firearm
transfer to the chief law enforcement officer of the
place of residence of the transferee’’ before the semi-
colon;
(2) in paragraph (1)(B)(ii)—
(A) by striking ‘‘3’’ and inserting ‘‘5’’; and
(B) by striking ‘‘and’’ at the end;
(3) in paragraph (1)(C), by striking the period
at the end and inserting ‘‘; and’’;
(4) by adding at the end of paragraph (1) the
following:
‘‘(D) if the firearm is a handgun or semiauto-
matic assault weapon—
‘‘(i) not less than 72 hours have elapsed
since the licensee contacted the system; or
‘‘(ii) if the firearm is a handgun, the trans-
feree has presented to the transferor a written
statement, issued by the chief law enforcement
officer of the place of residence of the trans-
feree during the 10-day period ending on the
date of the most recent proposal of such trans-
fer by the transferee, stating that the transferee
requires access to a handgun because of a
threat to the life of the transferee or of a mem-
ber of the household of the transferee.’’; and
(5) by adding at the end the following:
‘‘(7) In this subsection, the term ‘‘chief law enforce-
ment officer’’ means the chief of police, the sheriff, or an
equivalent officer of a law enforcement agency, or the des-
ignee of any such officer.
‘‘(8) In accordance with regulations prescribed by the
Secretary, a chief law enforcement officer who accepts no-
tice of a proposed firearm transfer under paragraph
(1)(A) shall destroy any statement or other record con-
taining information derived from the notice, unless the
chief law enforcement officer determines that the transfer
would violate Federal, State, or local law.
‘‘(9) The Secretary shall promulgate regulations re-
garding the manner in which licensees shall transmit no-
tice of a proposed firearm transfer to the chief law en-
forcement officer of the transferee’s place of residence
under paragraph (1)(A) and shall exempt licensees from
the notice requirement where the Secretary determines
such notice does not further the purposes of this section.’’.
Subtitle C—Keeping Guns Out Of
The Hands of Dangerous Juve-
nile Offenders
SEC. 104. PERMANENT PROHIBITION ON FIREARMS TRANS-
FERS TO OR POSSESSION BY DANGEROUS JU-
VENILE OFFENDERS.
(a) DEFINITION.—Section 921(a)(20) of title 18,
United States Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(20)’’;
(2) by redesignating subparagraphs (A) and
(B) as clauses ‘‘(i)’’ and ‘‘(ii)’’, respectively;
(3) by inserting after subparagraph (A) the fol-
lowing new subparagraph:
‘‘(B) For purposes of section 922(d) and (g) of this
chapter, the term ‘adjudicated delinquent’ means an adju-
dication of delinquency based upon a finding of the com-
mission of an act by a person prior to his or her eighteenth
birthday that, if committed by an adult, would be a serious
drug offense or violent felony (as defined in section
3559(c)(2) of this title), on or after the date of enactment
of this paragraph.’’; and
(4) by striking ‘‘What constitutes’’ through the
end and inserting the following:
‘‘(C) What constitutes a conviction of such a crime
or an adjudication of delinquency shall be determined in
accordance with the law of the jurisdiction in which the
proceedings were held. Any State conviction or adjudica-
tion of delinquency which has been expunged or set aside
or for which a person has been pardoned or has had civil
rights restored by the jurisdiction in which the conviction
or adjudication of delinquency occurred shall nevertheless
be considered a conviction or adjudication of delinquency
unless—
‘‘(i) the expunction, set aside, pardon or res-
toration of civil rights is directed to a specific per-
son;
‘‘(ii) 
the 
State 
authority 
granting 
the
expunction, set aside, pardon or restoration of civil
rights has expressly determined that the cir-
cumstances regarding the conviction and the per-
son’s record and reputation are such that the person
will not act in a manner dangerous to public safety;
and
‘‘(iii) the expunction, set aside, pardon, or res-
toration of civil rights expressly authorizes the per-
son to ship, transport, receive or possess firearms.
The requirement of this subparagraph for an individual-
ized restoration of rights shall apply whether or not, under
State law, the person’s civil rights were taken away by
virtue of the conviction or adjudication.’’.
(b) PROHIBITION.—Section 922 of title 18, United
States Code, is amended—
(1) in subsection (d)—
(A) by striking ‘‘or’’ at the end of para-
graph (8);
(B) by striking the period at the end of
paragraph (9) and inserting ‘‘; or’’; and
(C) by inserting after paragraph (9) the
following:
‘‘(10) has been an adjudicated delinquent.’’;
and
(2) in subsection (g)—
(A) by striking ‘‘or’’ at the end of para-
graph (8);
(B) by striking the comma at the end of
paragraph (9) and inserting ‘‘; or’’; and
(C) by inserting after paragraph (9) the
following:
‘‘(10) who has been adjudicated delinquent,’’.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section.
TITLE II—RESTRICTING YOUTH
ACCESS TO FIREARMS
SEC. 201. INCREASING YOUTH GUN SAFETY BY RAISING
THE AGE OF HANDGUN ELIGIBILITY AND
PROHIBITING 
YOUTH 
FROM 
POSSESSING
SEMIAUTOMATIC ASSAULT WEAPONS.
Section 922(x) of title 18, United States Code, is
amended—
(1) in paragraph (1)—
(A) by striking ‘‘juvenile’’ and inserting
‘‘person who is less than 21 years of age’’;
(B) by striking ‘‘or’’ at the end of subpara-
graph (A);
(C) by striking the period at the end of
subparagraph (B) and inserting a semicolon;
and
(D) by adding at the end the following:
‘‘(C) a semiautomatic assault weapon; or
‘‘(D) a large capacity ammunition feeding de-
vice.’’;
(2) in paragraph (2)—
(A) by striking ‘‘a juvenile’’ and inserting
‘‘less than 21 years of age’’;
(B) by striking ‘‘or’’ at the end of subpara-
graph (A);
(C) by striking the period at the end of
subparagraph (B) and inserting a semicolon;
and
(D) by inserting at the end the following:
‘‘(C) a semiautomatic assault weapon; or
‘‘(D) a large capacity ammunition feeding
device.’’;
(3) in paragraph (3)(A), by inserting ‘‘tem-
porary’’ before ‘‘possession’’;
(4) in paragraph (3)(B), by striking ‘‘juvenile’’
and inserting ‘‘person who is less than 21 years of
age’’;
(5) in paragraph (3)(C), by striking ‘‘juvenile;
or’’ and inserting ‘‘person who is less than 21 years
of age;’’;
(6) by striking subparagraph (D) of paragraph
(3) and inserting the following:
‘‘(D) the possession of a handgun or ammuni-
tion by a person who is less than 21 years of age
taken in defense of that person or other persons
against an intruder into the residence of that person
or a residence in which that person is an invited
guest; or’’;
(7) by adding at the end of paragraph (3) the
following:
‘‘(E) a temporary transfer of a handgun or am-
munition to a person who is at least 18 years of age
and less than 21 years of age, or the temporary use
or possession of a handgun or ammunition by a per-
son who is at least 18 years of age and less than 21
years of age, if the handgun and ammunition are
possessed and used by the person—
‘‘(i) in the course of employment, in the
course of ranching or farming related to activi-
ties at the residence of the person (or on prop-
erty used for ranching or farming at which the
person, with the permission of the property
owner or lessee, is performing activities related
to the operation of the farm or ranch), target
practice, hunting, or a course of instruction in
the safe and lawful use of a handgun; and
‘‘(ii) in accordance with State and
local law.’’; and
(8) by amending paragraph (4) to strike ‘‘juve-
nile’’ wherever it appears and insert ‘‘person who is
less than 21 years of age’’.
SEC. 202. ENHANCED PENALTY FOR YOUTH POSSESSION OF
HANDGUNS AND SEMIAUTOMATIC ASSAULT
WEAPONS AND FOR THE TRANSFER OF SUCH
WEAPONS TO YOUTH.
(a) 
PENALTY
FOR
VIOLATIONS
OF
SECTION
922(x).—Section 924(a)(6) of title 18, United States
Code, is amended—
(1) by striking ‘‘(6)(A)’’ and all that follows
through the end of subparagraph (A) and inserting
the following:
‘‘(6)(A) A juvenile who violates section 922(x) shall
be fined under this title, imprisoned not more than one
year, or both, and for a second or subsequent violation,
or for a first violation committed after an adjudication of
delinquency or after a State or Federal conviction for an
act that, if committed by an adult, would be a serious vio-
lent felony (as defined in section 3559(c) of this title),
shall be fined under this title, imprisoned not more than
five years, or both.’’;
(2) by striking subparagraph (B) and inserting
the following:
‘‘(B) A person other than a juvenile who knowingly
violates section 922(x)—
‘‘(i) shall be fined under this title, imprisoned
not more than five years, or both; and
‘‘(ii) if the person sold, delivered, or otherwise
transferred a handgun, ammunition, semiautomatic
assault weapon, or large capacity ammunition feed-
ing device to a person who is less than 21 years of
age knowing or having reasonable cause to know
that such person intended to carry or otherwise pos-
sess or discharge or otherwise use the handgun, am-
munition, semiautomatic assault weapon, or large
capacity ammunition feeding device in the commis-
sion of a crime of violence, shall be fined under this
title, imprisoned for not more than 10 years, or
both.’’.
SEC. 203. GUN STORAGE AND SAFETY DEVICES FOR ALL
FIREARMS.
(a) SECURE GUN STORAGE OR SAFETY DEVICES BY
FEDERAL FIREARMS LICENSEES.—Section 922 of title
18, United States Code, is amended by adding at the end
the following:
‘‘(z) It shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer to sell, transfer,
or deliver any firearm to any person (other than a licensed
importer, licensed manufacturer, or licensed dealer) unless
the transferee is provided with a secure gun storage or
safety device.’’.
(b) PENALTIES.—Section 924 of title 18, United
States Code, is amended—
(1) in subsection (a)(1) by inserting ‘‘, or (p)’’
before ‘‘of this section’’; and
(2) by adding at the end the following:
‘‘(p) The Secretary may, after notice and opportunity
for hearing, suspend or revoke any license issued under
this chapter or may subject the licensee to a civil penalty
of not more than $10,000 if the holder of such license
has knowingly violated section 922(z) of this chapter. The
Secretary’s actions under this subsection may be reviewed
only as provided in section 923(f).’’.
(c) REPEAL OF INCONSISTENT PROVISIONS.—
(1) Section 923(d)(1) of title 18, United States
Code, is amended—
(A) in subparagraph (E) by adding at the
end ‘‘and’’;
(B) in subparagraph (F) by striking ‘‘;
and’’ and inserting a period; and
(C) by striking subparagraph (G).
(2) Section 923(e) of title 18, United States
Code, is amended by striking ‘‘or fails to have secure
gun storage or safety devices available at any place
in which firearms are sold under the license to per-
sons who are not licensees (except that in any case
in which a secure gun storage or safety device is
temporarily unavailable because of theft, casualty
loss, consumer sales, backorders from a manufac-
turer, or any other similar reason beyond the control
of the licensee, shall not be considered to be in viola-
tion of the requirement to make available such a de-
vice)’’.
(3) Section 119 of the Departments of Com-
merce, Justice, and State, the Judiciary, and Re-
lated Agencies Appropriations Act, 1999 (as con-
tained in section 101(b) of division A of the Omni-
bus Consolidated and Emergency Supplemental Ap-
propriations Act, 1999; Public Law 105–277) is
amended by striking subsection (d).
(d) EFFECTIVE DATE.—The amendments made by
this section shall be effective 180 days after the date of
enactment of this Act.
SEC. 204. RESPONSIBILITY OF ADULTS FOR DEATH AND IN-
JURY CAUSED BY CHILD ACCESS TO FIRE-
ARMS.
Section 922 of title 18, United States Code, is further
amended by adding at the end the following:
‘‘(aa) PROHIBITION AGAINST GIVING CHILDREN AC-
CESS TO FIREARMS.—
‘‘(1) DEFINITION
OF
CHILD.—In this sub-
section, the term ‘child’ means an individual who has
not attained the age of 18 years.
‘‘(2) PENALTIES.—Except as provided in para-
graph (3), any person who—
‘‘(A) keeps a loaded firearm, or an un-
loaded firearm and ammunition for the firearm,
any one of which has been shipped or trans-
ported in interstate or foreign commerce, within
any premises that is under the custody or con-
trol of that person; and
‘‘(B) knows, or recklessly disregards the
risk, that a child is capable of gaining access to
the firearm; and
‘‘(C)(i) knows, or recklessly disregards the
risk, that a child will use the firearm to cause
death or serious bodily injury (as defined in
section 1365 of this title) to the child or any
other person; or
‘‘(ii) knows, or recklessly disregards the
risk, that possession of the firearm by the child
is unlawful under Federal or State law,
if the child uses the firearm to cause death or seri-
ous bodily injury to the child or any other person,
shall be imprisoned not more than 3 years, fined
under this title, or both.
‘‘(3) EXCEPTIONS.—Paragraph (2) does not
apply if—
‘‘(A) at the time the child obtained access,
the firearm was secured with a secure gun stor-
age or safety device;
‘‘(B) the person is a peace officer, a mem-
ber of the Armed Forces, or a member of the
National Guard, and the child obtains the fire-
arm during, or incidental to, the performance of
the official duties of the person in that capacity;
‘‘(C) the child uses the firearm in a lawful
act of self-defense or defense of 1 or more other
persons; or
‘‘(D) the person has no reasonable expecta-
tion, 
based 
on 
objective 
facts 
and 
cir-
cumstances, that a child is likely to be present
on the premises on which the firearm is kept.’’.
TITLE III—COMBATING ILLEGAL
TRAFFICKING IN GUNS
Subtitle A—Restricting the Sources
of Illegal Guns
SEC. 301. PREVENTING GUN TRAFFICKING BY RESTRICT-
ING HANDGUN TRANSFERS TO ONE PER
MONTH.
(a) Section 922 of title 18, United States Code, is
further amended by adding at the end the following:
‘‘(bb)(1) The Congress finds and declares that—
‘‘(A) crime, particularly crime involving drugs
and guns, is a pervasive, nationwide problem;
‘‘(B) crime at the local level is exacerbated by
the interstate movement of drugs, guns, and crimi-
nal gangs;
‘‘(C) firearms and ammunition move easily in
interstate commerce;
‘‘(D) the illegal movement of firearms, and
handguns in particular, across state lines is a wide-
spread and pervasive national problem;
‘‘(E) handguns (even when lawfully purchased)
are unlawfully transported across state lines by gun
traffickers and are illegally sold to prohibited per-
sons;
‘‘(F) in fact, even before a firearm is illegally
sold by a trafficker, the gun, its component parts,
ammunition, and the raw materials from which it is
made have moved in interstate commerce;
‘‘(G) law-abiding persons may fear to travel
interstate or to or through certain parts of the coun-
try due to concern about violent crime and gun vio-
lence;
‘‘(H) the illegal movement of handguns across
state lines substantially affects the national market
for firearms, because handguns sold in one State in
which there are few restrictions provide a convenient
source for the acquisition of handguns by gun traf-
fickers who transport the handguns to jurisdictions
with stronger restrictions;
‘‘(I) the unlawful sale of firearms by traffickers
provides a method by which firearms can be bought
and sold anonymously, without background checks
and without record-keeping requirements to enable
gun tracing;
‘‘(J) handguns sold by traffickers are often ob-
tained by criminals and other prohibited persons
who frequently use guns that cannot be traced to
commit crimes;
‘‘(K) handgun violence is a pervasive, national
problem that is exacerbated by the availability of
handguns through gun traffickers;
‘‘(L) firearms from traffickers have been in-
volved in subsequent crimes including drug offenses,
crimes of violence, property crimes, and illegal pos-
session by felons and other prohibited persons;
‘‘(M) because gun trafficking is often an inter-
state activity, individual States and localities are
often severely hampered in combating illegal hand-
gun purchases—even States and localities that have
made strong efforts to prevent, detect, and punish
gun-related crime and illegal trafficking of fire-
arms—as a result of the failure or inability of other
States or localities to take strong measures; and
‘‘(N) the Congress has the power, under the
interstate commerce clause and other provisions of
the Constitution, to ensure, by enactment of this
section, that criminals and other prohibited persons
do not obtain firearms through gun traffickers.
‘‘(2) It shall be unlawful for any person—
‘‘(A) during any 30-day period, to sell, deliver
or transfer 2 or more handguns to any single person
(other than a licensed importer, licensed manufac-
turer, or licensed dealer), or
‘‘(B) to sell, deliver or transfer a handgun to
any single person (other than a licensed importer, li-
censed manufacturer, or licensed dealer), knowing or
having reasonable cause to believe that the trans-
feree has already received one or more handguns
within the previous 30 days.
‘‘(3) It shall be unlawful for any person (other than
a licensed importer, licensed manufacturer, or licensed
dealer) to receive more than one handgun within any 30-
day period.
‘‘(4) Under such rules and regulations as the Sec-
retary shall prescribe, paragraphs (2) and (3) shall not
apply to—
‘‘(A) handguns transferred to or received by
qualified private security companies licensed to do
business within the State where the transfer occurs
for use by the company in its security operations,
provided that any handgun transferred under this
subsection is transferred through a licensed dealer
located in the State where the security company is
licensed to do business;
‘‘(B) the disposition made of a handgun deliv-
ered to a person licensed under section 923 for the
sole purpose of repair or customizing when such
handgun or a replacement handgun of the same kind
and type is returned to the person from whom it was
received;
‘‘(C) the loan or rental of a single handgun
from a person licensed under section 923, provided
that the recipient possesses no more than one such
loaned or rented handgun at any one time;
‘‘(D) the redemption of pawned handguns from
a person licensed under section 923 by the person
from whom the handguns were received;
‘‘(E) the receipt of curio or relic handguns by
a licensed collector;
‘‘(F) the receipt of a single handgun from a
person licensed under section 923 to replace a lost
or stolen handgun of the same kind or type, where
the transferee has submitted to the licensee a copy
of an official police report establishing the loss or
theft of a handgun or handguns;
‘‘(G) the transfer of handguns by bequest;
‘‘(H) the transfer of handguns to a member of
the transferor’s immediate family; (for purposes of
this section, the term ‘immediate family’ means the
transferor’s spouse, child, parent, stepparent, grand-
parent, grandchild, brother, or sister); or
‘‘(I) the transfer of all or part of a personal
firearms collection (as that term is defined in regula-
tions to be prescribed by the Secretary) that includes
handguns, provided that the handguns in the collec-
tion are transferred through a licensed importer,
manufacturer, or dealer located in the State where
the transferee resides.’’.
(b) PENALTIES.—Section 924(a)(2) of title 18,
United States Code, is amended by striking ‘‘or (o)’’ and
inserting ‘‘(o), or (bb)’’.
(c) INCREASED PENALTIES FOR LICENSEES WHO
KNOWINGLY MAKE FALSE STATEMENTS IN REQUIRED
RECORDS.—
(1) Section 924(a)(3) of title 18, United States
Code, is amended by striking ‘‘(A)’’, by striking
‘‘or’’ after ‘‘chapter’’, by striking all of subsection
(B), and by striking ‘‘one year’’ and inserting ‘‘five
years’’.
(2) Section 924(a) of title 18, United States
Code, as amended by section 102(b) and (c) of this
Act, is amended by adding at the end the following:
‘‘(9) Any licensed dealer, licensed importer, licensed
manufacturer, or licensed collector who knowingly violates
subsection (m) of section 922 shall be fined under this
title, imprisoned not more than one year, or both.’’.
(d) CONFORMING CHANGES TO THE BRADY LAW.—
Section 922(t) of title 18, United States Code, as amended
by section 103(e) of this Act is amended—
(1) in paragraph (1)(B)(ii), by striking ‘‘(g) or
(n)’’ and inserting ‘‘(g), (n), or (bb)’’;
(2) in paragraph (2), by striking ‘‘(g) or (n)’’
and inserting ‘‘(g), (n), or (bb)’’;
(3) in paragraph (3), by striking subparagraph
(A) and redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively;
(4) in paragraph (4), by striking ‘‘(g) or (n)’’
and inserting ‘‘(g), (n), or (bb)’’; and
(5) by adding at the end the following:
‘‘(10) A licensee must, within three days of receiving
a request from the prospective transferee, notify the na-
tional instant criminal background check system of any
background check conducted pursuant to this section with-
in the previous 30 days that did not result in the transfer
of a handgun.
‘‘(11) Information that is retained pursuant to Public
Law 103–159 may be used to effectuate section 922(bb).’’.
(e) EFFECTIVE DATE.—The Secretary, in consulta-
tion with the Attorney General, shall determine, and pub-
lish in the Federal Register, the date on which this sub-
section shall become effective.
SEC. 302. SECURE STORAGE OF FIREARMS INVENTORIES.
(a) STORAGE REQUIREMENTS.—Section 923 of title
18, United States Code is amended by adding at the end
the following:
‘‘(m) It shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer (other than a
dealer as defined in section 921(a)(11)(B)) to store any
firearms in their business inventory in a manner not in
conformity with regulations issued by the Secretary. In
issuing such regulations, the Secretary shall take into con-
sideration the type and quantity of the firearms to be
stored, as well as the standards of safety and security rec-
ognized in the firearms industry.’’.
(b) PENALTIES.—Section 924 of title 18, United
States Code, as amended by section 203(b) of this Act,
is amended—
(1) in subsection (a)(1) by inserting ‘‘(o),’’ be-
fore ‘‘(p)’’; and
(2) by adding at the end the following:
‘‘(o) The Secretary may, after notice and opportunity
for hearing, suspend or revoke any license issued under
this chapter or may subject the licensee to a civil penalty
of not more than $10,000 if the holder of such license
has knowingly violated section 923(m). The Secretary’s
actions under this subsection may be reviewed only as pro-
vided in section 923(f).’’.
(c) 
CONDITION
OF
LICENSING.—Section
923(d)(1)(F) of title 18, United States Code is amended—
(1) in clause (ii)(II), by striking ‘‘and’’ the sec-
ond place it appears;
(2) in clause (iii), by striking the period and in-
serting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(iv) within 30 days after the application is ap-
proved the firearms inventory of the business will be
stored in compliance with section 923(m) and regu-
lations issued thereunder; and’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall be effective 180 days after the date of
enactment.
SEC. 303. REQUIRING THEFTS FROM COMMON CARRIERS
TO BE REPORTED.
(a) Section 922(f) of title 18, United States Code,
is amended by adding at the end the following:
‘‘(3)(A) It shall be unlawful for any common or con-
tract carrier to fail to report the theft or loss of a firearm
within 48 hours after the theft or loss is discovered. The
theft or loss shall be reported to the Secretary and to the
appropriate local authorities.
‘‘(B) The Secretary may impose a civil fine of not
more than $10,000 on any person who knowingly violates
subparagraph (A).’’.
(b) Section 924(a)(1)(B) of title 18, United States
Code, is amended by striking ‘‘(f),’’ and inserting ‘‘(f)(1),
(f)(2),’’.
SEC. 304. INCREASING THE NUMBER OF ALLOWED COMPLI-
ANCE INSPECTIONS OF FIREARMS DEALERS.
Section 923(g)(1)(B)(ii)(I) of title 18, United States
Code, is amended by striking ‘‘once’’ and inserting in its
place ‘‘three times’’.
SEC. 305. TRANSFER OF FIREARM TO COMMIT A CRIME OF
VIOLENCE.
Section 924(h) of title 18, United States Code, is
amended by inserting ‘‘or having reasonable cause to be-
lieve’’ after ‘‘knowing’’.
SEC. 306. LICENSEE REPORTS OF SECONDHAND FIREARMS.
(a) IN GENERAL.—Section 923(g) of title 18, United
States Code, is amended by adding at the end the fol-
lowing new paragraph:
‘‘(8) Licensed importers, licensed manufacturers, and
licensed dealers shall submit to the Secretary monthly re-
ports of all firearms obtained from non-licensees. Such in-
formation shall be reported on a form to be specified by
the Secretary by regulation. Such reports shall not include
the name of or identifying information about the firearm
transferors or subsequent purchasers.’’.
(b) EFFECTIVE DATE.—This section shall be effec-
tive 180 days after the date of the enactment of this Act.
SEC. 307. VOLUNTARY SUBMISSION OF DEALER’S RECORDS.
Section 923(g)(4) of title 18, United States Code, is
amended to read as follows:
‘‘(4) Where a firearms or ammunition business is dis-
continued and succeeded by a new licensee, the records
required to be kept by this chapter shall appropriately re-
flect such facts and shall be delivered to the successor.
Upon receipt of such records the successor licensee may
retain the records of the discontinued business or submit
the discontinued business records to the Secretary. Addi-
tionally, a licensee while maintaining a firearms business
may voluntarily submit the records required to be kept by
this chapter to the Secretary if such records are at least
20 years old. Where discontinuance of the business is ab-
solute, such records shall be delivered within thirty days
after the business is discontinued to the Secretary. Where
State law or local ordinance requires the delivery of
records to another responsible authority, the Secretary
may arrange for the delivery of such records to such other
responsible authority.’’.
Subtitle B—Enhancing Penalties
for Gun Trafficking
SEC. 308. INCREASING PENALTIES ON GUN KINGPINS.
(a) INCREASING THE PENALTY FOR ENGAGING IN AN
ILLEGAL FIREARMS BUSINESS.—Section 924(a)(2) of
title 18, United States Code, as amended by section
301(b) of this Act, is amended to read as follows:
‘‘(2) Whoever—
‘‘(A) knowingly violates subsection (a)(6), (d),
(g), (h), (i), (j), (o), or (bb) of section 922; or
‘‘(B) willfully violates subsection (a)(1) of sec-
tion 922,
shall be fined as provided in this title, imprisoned not more
than 10 years, or both.’’.
(b) SENTENCING GUIDELINES INCREASE FOR CER-
TAIN VIOLATIONS AND OFFENSES.—Pursuant to its au-
thority under section 994(p) of title 28, United States
Code, the United States Sentencing Commission shall—
(1) review and amend the Federal sentencing
guidelines to provide an appropriate enhancement
for a violation of 18 U.S.C. section 922(a)(1); and
(2) review and amend the Federal sentencing
guidelines to provide additional sentencing increases,
as appropriate, for offenses involving more than 50
firearms.
The Commission shall promulgate the amendments pro-
vided for under this subsection as soon as is practicable
in accordance with the procedure set forth in section 21(a)
of the Sentencing Act of 1987, as though the authority
under that Act had not expired.
SEC. 309. SERIOUS RECORDKEEPING OFFENSES THAT AID
GUN TRAFFICKING.
Section 924(a)(3) of title 18, United States Code, as
amended by section 301(c)(1) of this Act, is amended by
striking the period and inserting ‘‘; but if the violation
is in relation to an offense under subsection (a)(6) or (d)
of section 922, shall be fined under this title, imprisoned
not more than ten years, or both.’’.
SEC. 310. SUSPENSION OF FIREARMS DEALER’S LICENSE
AND CIVIL PENALTIES FOR VIOLATIONS OF
THE GUN CONTROL ACT.
Subsections (e) and (f) of section 923 of title 18,
United States Code, are amended to read as follows:
‘‘(e) The Secretary may, after notice and opportunity
for hearing, suspend or revoke any license issued under
this section, or may subject the licensee to a civil penalty
of not more than $10,000 per violation, if the holder of
such license has willfully violated any provision of this
chapter or any rule or regulation prescribed by the Sec-
retary under this chapter. The Secretary may, after notice
and opportunity for hearing, suspend or revoke the license
of, or assess a civil penalty of not more than $10,000 on,
a dealer who willfully transfers armor piercing ammuni-
tion. The Secretary may at any time compromise, miti-
gate, or remit the liability with respect to any willful viola-
tion of this chapter or any rule or regulation prescribed
by the Secretary under this chapter. The Secretary’s ac-
tions under this subsection may be reviewed only as pro-
vided in subsection (f) of this section.
‘‘(f)(1) Any person whose application for a license is
denied and any holder of a license which is suspended or
revoked or who is assessed a civil penalty shall receive a
written notice from the Secretary stating specifically the
grounds upon which the application was denied or upon
which the license was suspended or revoked or the civil
penalty assessed. Any notice of a suspension or revocation
of a license shall be given to the holder of such license
before the effective date of the suspension or revocation.
‘‘(2) If the Secretary denies an application for a li-
cense, or suspends or revokes a license, or assesses a civil
penalty, he shall, upon request by the aggrieved party,
promptly hold a hearing to review his denial, suspension,
revocation, or assessment. In the case of a suspension or
revocation of a license, the Secretary shall, upon the re-
quest of the holder of the license, stay the effective date
of the suspension or revocation. A hearing under this
paragraph shall be held at a location convenient to the
aggrieved party.
‘‘(3) If after a hearing held under paragraph (2) the
Secretary decides not to reverse his decision to deny an
application or suspend or revoke a license or assess a civil
penalty, the Secretary shall give notice of his decision to
the aggrieved party. The aggrieved party may at any time
within sixty days after the date notice was given under
this paragraph file a petition with the United States dis-
trict court for the district in which he resides or has his
principal place of business for a de novo judicial review
of such denial, suspension, revocation, or assessment. In
a proceeding conducted under this subsection, the court
may consider any evidence submitted by the parties to the
proceeding whether or not such evidence was considered
at the hearing held under paragraph (2). If the court de-
cides that the Secretary was not authorized to deny the
application or to suspend or revoke the license or to assess
the civil penalty, the court shall order the Secretary to
take such action as may be necessary to comply with the
judgment of the court.’’.
SEC. 311. TERMINATION OF FIREARMS DEALER’S LICENSE
UPON FELONY CONVICTION.
Section 925(b) of title 18, United States Code, is
amended by striking ‘‘until any conviction pursuant to the
indictment becomes final’’ and inserting ‘‘until the date
of any conviction pursuant to the indictment’’.
SEC. 312. INCREASED PENALTY FOR TRANSACTIONS IN-
VOLVING FIREARMS WITH OBLITERATED SE-
RIAL NUMBERS.
Section 924(a) of title 18, United States Code, is
amended—
(1) in paragraph (1)(B), by striking ‘‘(k),’’; and
(2) in paragraph (2), by inserting ‘‘(k),’’ after
‘‘(j),’’.
SEC. 313. FORFEITURE FOR GUN TRAFFICKING.
(a) CIVIL FORFEITURE.—Section 981(a)(1) of title
18, United States Code, is amended by adding at the end
the following:
‘‘(G)(i) Any conveyance used or intended to be
used to commit a gun trafficking offense, or con-
spiracy to commit such offense, and any property
traceable to such property.
‘‘(ii) For the purposes of this section, a gun
trafficking offense is a violation of any of the fol-
lowing sections of this title involving five or more
firearms: section 922(i) (transporting stolen fire-
arms); section 924(g) (travel with a firearm in fur-
therance of racketeering); section 924(l) (stealing a
firearm); and section 924(n) (interstate travel to
promote firearms trafficking).’’.
(b) CRIMINAL FORFEITURE.—Section 982(a) of title
18, United States Code, is amended by adding at the end
the following:
‘‘(9) The court, in imposing a sentence on a person
convicted of a gun trafficking offense, as defined in section
981(a)(1)(G), or a conspiracy to commit such offense,
shall order the person to forfeit to the United States any
conveyance used or intended to be used to commit such
offense, and any property traceable to such conveyance.’’.
SEC. 314. AUTHORIZATION OF APPRORIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this title.
TITLE IV—STRENGTHENING THE
ASSAULT WEAPONS BAN
SEC. 401. BAN ON IMPORTING LARGE CAPACITY AMMUNI-
TION FEEDING DEVICES.
(a) Section 922(w) of title 18, United States Code,
is amended —
(1) in paragraph (1), by striking ‘‘(1) Except as
provided in paragraph (2)’’ and inserting ‘‘(1)(A)
Except as provided in subparagraph (B)’’;
(1) by redesignating the first undesignated
paragraph as subsection (a)(1) and the second un-
designated paragraph as subsection (a)(2); and
(2) by adding at the end the following:
‘‘(b) The forfeiture of property under this section, in-
cluding any seizure and disposition of the property and
any related administrative or judicial proceeding, shall be
governed by the provisions of section 413 of the Com-
prehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853), except for subsection 413(d) which
shall not apply to forfeitures under this section.’’.
SEC 507. SEPARATE LICENSES FOR GUNSMITHS.
(a) Section 921(a)(11) of title 18, United States
Code, is amended to read as follows:
‘‘(11) The term ‘dealer’ means (A) any person en-
gaged in the business as a firearms dealer, (B) any person
engaged in the business as a gunsmith, or (C) any person
who is a pawnbroker. The term ‘licensed dealer’ means
any dealer who is licensed under the provisions of this
chapter.’’.
(b) Section 921(a) of title 18, United States Code,
is amended by redesignating paragraphs (12) through
(33) as paragraphs (14) through (35), and by inserting
after paragraph (11) the following: