I
105TH CONGRESS
1ST SESSION
H. R. 2673
To ensure the safety of children in regard to firearms.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 9, 1997
Ms. MILLENDER-MCDONALD introduced the following bill; which was referred
to the Committee on the Judiciary
A BILL
To ensure the safety of children in regard to 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 ‘‘Trigger Lock Act of
1997’’.
SEC. 2. CHILD SAFETY LOCKS FOR FIREARMS.
(a) CIVIL PROHIBITIONS.—
(1) PROHIBITION AGAINST TRANSFER OF FIRE-
ARM WITHOUT LOCKING DEVICE ATTACHED.—
(A) PROHIBITION.—Effective 12 months
after the date of the enactment of this Act, it
shall be unlawful for any person, in or affecting
commerce, to transfer a firearm in the United
States, unless a locking device is attached to, or
is an integral part of, the firearm.
(B) PENALTIES.—
(i) PRIVATE
TRANSFERS.—The Sec-
retary shall impose a civil fine of $5,000
on any person, other than a licensed dealer
or licensed manufacturer, who violates sub-
paragraph (A).
(ii) TRANSFERS
BY
FEDERALLY
LI-
CENSED
FIREARMS
DEALERS.—The Sec-
retary shall impose a civil fine of $10,000
on any licensed dealer who violates sub-
paragraph (A), and shall suspend or re-
voke any license issued under chapter 44
of title 18, United States Code, to the
dealer.
(iii) TRANSFERS BY FEDERALLY LI-
CENSED
FIREARMS
MANUFACTURERS.—
The Secretary shall impose a civil fine of
$25,000 on any licensed manufacturer who
violates subparagraph (A), and shall sus-
pend or revoke any license issued under
chapter 44 of title 18, United States Code,
to the manufacturer.
(2) PROHIBITION AGAINST MANUFACTURE OF
HANDGUN WITHOUT LOCKING DEVICE ATTACHED.—
(A) PROHIBITION.—Effective 18 months
after the date of the enactment of this Act, it
shall be unlawful for any person, in or affecting
commerce, to manufacture a handgun in the
United States, unless a locking device that
meets the minimum quality standards pre-
scribed under subsection (e) is attached to, or
is an integral part of, the firearm.
(B) PENALTIES.—The Secretary shall im-
pose a civil fine of $25,000 on any person who
violates subparagraph (A), and shall suspend or
revoke any license issued under chapter 44 of
title 18, United States Code, to the manufac-
turer.
(3) PROHIBITION AGAINST TRANSFER OF FIRE-
ARM
BY
LICENSEE
WITHOUT
NOTICE
AND
WARN-
ING.—
(A) PROHIBITION.—Effective 60 days after
the date of the enactment of this Act, it shall
be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to transfer a
handgun that is not accompanied by the follow-
ing, which shall be printed in 3⁄4-inch type:
‘‘THE USE OF A LOCKING BOX OR LOCKING
DEVICE PLACED ON THE TRIGGER GUARD OF A
FIREARM IS ONLY ONE ASPECT OF RESPON-
SIBLE FIREARM STORAGE. FIREARMS AND
THEIR AMMUNITION SHOULD BE STORED AND
SECURED IN A LOCATION THAT IS INACCES-
SIBLE TO CHILDREN.
‘‘IF MISUSED, HANDGUNS CAN RESULT IN
UNINTENTIONAL INJURY OR LOSS OF LIFE.
TRIGGER LOCKS LOWER THE RISK OF UNIN-
TENTIONAL DISCHARGE, HOWEVER TRIGGER
LOCKS DO NOT TOTALLY ELIMINATE THE RISK.
‘‘FAILURE TO PROPERLY LOCK AND STORE
YOUR FIREARM MAY RESULT IN CIVIL OR CRIMI-
NAL LIABILITY UNDER STATE LAW. FEDERAL
LAW PROHIBITS THE POSSESSION OF A HAND-
GUN BY A MINOR IN MOST CIRCUMSTANCES.’’.
(B) PENALTIES.—
(i) TRANSFERS
BY
FEDERALLY
LI-
CENSED FIREARMS DEALERS OR IMPORT-
ERS.—The Secretary shall impose a civil
fine of $10,000 on any licensed dealer or
licensed importer who violates subpara-
graph (A), and shall suspend or revoke any
license issued under chapter 44 of title 18,
United States Code, to the dealer or im-
porter.
(ii) TRANSFERS
BY
FEDERALLY
LI-
CENSED
FIREARMS
MANUFACTURERS.—
The Secretary shall impose a civil fine of
$5,000 on any licensed manufacturer who
violates subparagraph (A), and shall sus-
pend or revoke any license issued under
chapter 44 of title 18, United States Code,
to the manufacturer.
(4) INAPPLICABILITY TO GOVERNMENTAL ENTI-
TIES.—Paragraphs (1), (2), and (3) shall not apply
to conduct of, or authorized by, the United States or
any department or agency thereof, or any State or
any department, agency, or political subdivision
thereof.
(5) JUDICIAL REVIEW.—Not later than 60 days
after an individual receives notice from the Secretary
of a decision to impose a fine on, or suspend or re-
voke a license of, the individual under this sub-
section, the individual may bring an action against
the Secretary in any United States district court for
de novo review of the decision.