‘‘(iv) in accordance with State and local
law;
‘‘(B) during transportation by the juvenile of an
unloaded handgun in a locked container directly
from the place of transfer to a place at which an ac-
tivity described in subparagraph (A)(i) is to take
place, and transportation by the juvenile of that
handgun, unloaded and in a locked container, di-
rectly from the place at which such an activity took
place to the transferor;
‘‘(C) to a juvenile who is a member of the
Armed Forces of the United States or the National
Guard who possesses or is armed with a handgun in
the line of duty;
‘‘(D) to a transfer by inheritance of title (but
not possession) of a handgun or ammunition to a ju-
venile; or
‘‘(E) to the possession of a handgun or ammu-
nition by a juvenile taken in defense of the juvenile
or other persons against an intruder into the resi-
dence of the juvenile or a residence in which the ju-
venile is an invited guest.
‘‘(4) A handgun or ammunition, the possession of
which is transferred to a juvenile in circumstances in
which the transferor is not in violation of this subsection
shall not be subject to permanent confiscation by the Gov-
ernment if its possession by the juvenile subsequently be-
comes unlawful because of the conduct of the juvenile, but
shall be returned to the lawful owner when such handgun
or ammunition is no longer required by the Government
for the purposes of investigation or prosecution.
‘‘(5) For purposes of this subsection, the term ‘juve-
nile’ means a person who is less than 18 years of age.
‘‘(6)(A) In a prosecution of a violation of this sub-
section, the court shall require the presence of a juvenile
defendant’s parent or legal guardian at all proceedings.
‘‘(B) The court may use the contempt power to en-
force subparagraph (A).
‘‘(C) The court may excuse attendance of a parent
or legal guardian of a juvenile defendant at a proceeding
in a prosecution of a violation of this subsection for good
cause shown.’’.
(c) PENALTIES.—Section 924(a) of title 18, United
States Code, is amended—
(1) in paragraph (1) by striking ‘‘paragraph (2)
or (3) of’’; and
(2) by adding at the end the following new
paragraph:
‘‘(5)(A)(i) A juvenile who violates section 922(s) shall
be fined under this title, imprisoned not more than 1 year,
or both, except that a juvenile described in clause (ii) shall
be sentenced to probation on appropriate conditions and
shall not be incarcerated unless the juvenile fails to comply
with a condition of probation.
‘‘(ii) A juvenile is described in this clause if—
‘‘(I) the offense of which the juvenile is charged
is possession of a handgun or ammunition in viola-
tion of section 922(s)(2); and
‘‘(II) the juvenile has not been convicted in any
court of an offense (including an offense under sec-
tion 922(s) or a similar State law, but not including
any other offense consisting of conduct that if en-
gaged in by an adult would not constitute an of-
fense) or adjudicated as a juvenile delinquent for
conduct that if engaged in by an adult would con-
stitute an offense.
‘‘(B) A person other than a juvenile who knowingly
violates section 922(s)—
‘‘(i) shall be fined under this title, imprisoned
not more than 1 year, or both; and
‘‘(ii) if the person sold, delivered, or otherwise
transferred a handgun or ammunition to a juvenile
knowing or having reasonable cause to know that
the juvenile intended to carry or otherwise possess
or discharge or otherwise use the handgun or ammu-
nition in the commission of a crime of violence, shall
be fined under this title, imprisoned not more than
10 years, or both.’’.
(d) TECHNICAL AMENDMENT OF JUVENILE DELIN-
QUENCY PROVISIONS
IN TITLE 18, UNITED STATES
CODE.—
(1) SECTION 5031.—Section 5031 of title 18,
United States Code, is amended by inserting ‘‘or a
violation by such person of section 922(s)’’ before
the period at the end.
(2) SECTION 5032.—Section 5032 of title 18,
United States Code, is amended—
(A) in the first undesignated paragraph by
inserting ‘‘or (s)’’ after ‘‘922(p)’’; and
(B) in the fourth undesignated paragraph
by inserting ‘‘or section 922(s) of this title,’’ be-
fore ‘‘criminal prosecution on the basis’’.
(e) TECHNICAL AMENDMENT
OF
THE JUVENILE
JUSTICE
AND
DELINQUENCY
PREVENTION
ACT
OF
1974.—Section 223(a)(12)(A) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C.
5633(a)(12)(A)) is amended by striking ‘‘which do not
constitute violations of valid court orders’’ and inserting
‘‘(other than an offense that constitutes a violation of a
valid court order or a violation of section 922(s) of title
18, United States Code, or a similar State law)’’.
(f) MODEL LAW.—The Attorney General, acting
through the Director of the National Institute for Juvenile
Justice and Delinquency Prevention, shall—
(1) evaluate existing and proposed juvenile
handgun legislation in each State;
(2) develop model juvenile handgun legislation
that is constitutional and enforceable;
(3) prepare and disseminate to State authorities
the findings made as the result of the evaluation;
and
(4) report to Congress by December 31, 1994,
findings and recommendations concerning the need
or appropriateness of further action by the Federal
Government.
Passed the House of Representatives November 20,
1993.
Attest:
Clerk.