I
103D CONGRESS
1ST SESSION
H. R. 3595
To prohibit the possession of a handgun by, and the transfer of a handgun
to, a minor, with certain exceptions.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 20, 1993
Mr. SANTORUM introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To prohibit the possession of a handgun by, and the transfer
of a handgun to, a minor, with certain exceptions.
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 Handgun Con-
trol Act of 1993’’.
SEC. 2. PROHIBITION AGAINST THE POSSESSION OF A
HANDGUN BY, AND THE TRANSFER OF A
HANDGUN TO, A MINOR, WITH CERTAIN EX-
CEPTIONS.
(a) PROHIBITIONS.—Section 922 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(s)(1)(A) It shall be unlawful for an individual who
has not attained 18 years of age to possess a handgun.
‘‘(B) Subparagraph (A) shall not apply to the posses-
sion of—
‘‘(i) a handgun by an individual while—
‘‘(I) attending a course of instruction in
hunter safety or firearms safety that is con-
ducted by a certified instructor (within the
meaning of subparagraph (C));
‘‘(II) practicing the use of a firearm or
target shooting in accordance with State and
local law; or
‘‘(III) hunting in accordance with State
and local law;
‘‘(ii) an unloaded handgun while traveling to or
from an activity described in clause (i), if the hand-
gun is in a locked container; or
‘‘(iii) a handgun by an individual on real prop-
erty that is owned or leased by a parent or legal
guardian of the individual, with the consent of a
parent or legal guardian of the individual.
‘‘(C) For purposes of subparagraph (B)(i)(I), a
course of instruction in hunter safety or firearms safety
is conducted by a certified instructor if—
‘‘(i)(I) the course of instruction is conducted in
a State in which there are in effect laws and proce-
dures for the certification of instructors of such a
course of instruction; and
‘‘(II) the instructor of the course is certified, in
accordance with such laws and procedures, to pro-
vide such a course of instruction; or
‘‘(ii)(I) the course of instruction is conducted in
a State not described in clause (i); and
‘‘(II) the instructor is certified by a qualified
nonprofit organization to provide such a course of
instruction.
‘‘(D) As used in subparagraph (C)(ii)(II), the term
‘qualified nonprofit organization’ means a nonprofit orga-
nization that—
‘‘(i) has offices in 40 or more States; and
‘‘(ii) provides firearms safety programs which
include training in the safe handling of firearms.
‘‘(2)(A) It shall be unlawful for any person to trans-
fer a handgun or make a handgun available to an individ-
ual who the person knows or has reasonable cause to be-
lieve has not attained 18 years of age, unless a parent
or legal guardian of the individual, who is not prohibited
by law from possessing or receiving a firearm, has con-
sented to the transfer.
‘‘(B) It shall be unlawful for any person to transfer
a handgun or make a handgun available to an individual
who the person knows or has reasonable cause to believe—
‘‘(i) has not attained 18 years of age; and
‘‘(ii) has been convicted of a crime of violence
(as defined in section 924(c)(3)), or has been found
to be a juvenile delinquent for an offense which
would constitute such a crime if committed by an
adult.’’.
(b) HANDGUN DEFINED.—Section 921(a) of such
title is amended by adding at the end the following:
‘‘(29) The term ‘handgun’ means—
‘‘(A) a firearm the barrel of which, excluding
any revolving, detachable, or magazine breech, does
not exceed 12 inches in length; and
‘‘(B) any combination of parts from which a
firearm described in subparagraph (A) can be as-
sembled.’’.
(c) PENALTIES.—Section 924(a) of such title is
amended—
(1) in paragraph (1), by striking ‘‘paragraph
(2) or (3) of’’; and
(2) by adding at the end the following:
‘‘(5)(A) Whoever knowingly violates section 922(s)(1)
shall—
‘‘(i) in the case of the 1st such offense, be fined
not more than $10,000, imprisoned not more than
1 year, or both, and chapter 403 shall apply;
‘‘(ii) in the case of the 2nd such offense, be
fined not more than $20,000, imprisoned not less
than 1 year and not more than 5 years, or both, and
chapter 403 shall apply; or
‘‘(iii) in the case of the 3rd such offense, be
fined not more than $50,000, imprisoned not less
than 1 year and not more than 4 years, or both, and
chapter 403 shall not apply.
‘‘(B) Whoever willfully violates section—
‘‘(i) 922(s)(2)(A) shall be fined not more than
$100,000, imprisoned not less than 2 years and not
more than 5 years, or both; or
‘‘(ii) 922(s)(2)(B) shall be fined not more than
$200,000, imprisoned not less than 5 years and not
more than 10 years, or both.
‘‘(C) Section 3571 shall not apply to offenses punish-
able under this paragraph.’’.
(d) TECHNICAL AMENDMENT.—Section 5031 of such
title is amended by inserting ‘‘, and a 1st or 2nd violation
by such a person of section 922(s)(1)’’ before the period.
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