I 
109TH CONGRESS 
1ST SESSION 
H. R. 246
To prevent children’s access to firearms. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 6, 2005
Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To prevent children’s access 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 ‘‘Child Gun Safety and 
Gun Access Prevention Act of 2005’’. 
SEC. 2. INCREASING YOUTH GUN SAFETY BY RAISING THE 
AGE OF HANDGUN ELIGIBILITY AND PROHIB-
ITING YOUTH FROM POSSESSING SEMIAUTO-
MATIC 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) in paragraph (4), by striking ‘‘juvenile’’ 
each place it appears and inserting ‘‘person who is 
less than 21 years of age’’. 
SEC. 3. ENHANCED PENALTY FOR YOUTH POSSESSION OF 
HANDGUNS AND SEMIAUTOMATIC ASSAULT 
WEAPONS AND FOR THE TRANSFER OF SUCH 
WEAPONS TO YOUTH. 
Section 924(a)(6) of title 18, United States Code, is 
amended to read as follows: 
‘‘(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 
5 years, or both. 
‘‘(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. 4. 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 such title is amend-
ed—
(1) in subsection (a)(1) by inserting ‘‘, or (p)’’ 
before ‘‘of this section’’; and 
(2) by adding at the end the following: 
‘‘(p) The Attorney General may, after notice and op-
portunity 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 chap-
ter. The actions of the Attorney General under this sub-
section may be reviewed only as provided in section 
923(f).’’. 
(c) REPEAL OF INCONSISTENT PROVISIONS.—
(1) Section 923(d)(1) of such title is amend-
ed—
(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 such title is amended by 
striking ‘‘or fails to have secure gun storage or safe-
ty devices available at any place in which firearms 
are sold under the license to persons who are not li-
censees (except that in any case in which a secure 
gun storage or safety device is temporarily unavail-
able because of theft, casualty loss, consumer sales, 
backorders from a manufacturer, or any other simi-
lar reason beyond the control of the licensee, shall 
not be considered to be in violation of the require-
ment to make available such a device)’’. 
(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 
the enactment of this Act.
SEC. 5. 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)(1) In this subsection, the term ‘child’ means 
an individual who has not attained the age of 18 years. 
‘‘(2) Except as provided in paragraph (3), any person 
who—
‘‘(A) keeps a loaded firearm, or an unloaded 
firearm and ammunition for the firearm, any one of 
which has been shipped or transported in interstate 
or foreign commerce, within any premises that is 
under the custody or control of that person; and 
‘‘(B) knows, or recklessly disregards the risk, 
that a child is capable of gaining access to the fire-
arm; 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 unlaw-
ful under Federal or State law,
if the child uses the firearm to cause death or serious bod-
ily injury to the child or any other person, shall be impris-
oned not more than 3 years, fined under this title, or both. 
‘‘(3) Paragraph (2) shall not apply if—
‘‘(A) at the time the child obtained access, the 
firearm was secured with a secure gun storage or 
safety device; 
‘‘(B) the person is a peace officer, a member of 
the Armed Forces, or a member of the National 
Guard, and the child obtains the firearm 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 expectation, 
based on objective facts and circumstances, that a 
child is likely to be present on the premises on which 
the firearm is kept.’’. 
SEC. 6. REQUIREMENT THAT CHILD BE ACCOMPANIED BY 
AN ADULT DURING A GUN SHOW. 
(a) PROHIBITIONS.—Section 922 of title 18, United 
States Code, is further amended by adding at the end the 
following:
‘‘(bb)(1) The parent or legal guardian of a child shall 
ensure that, while the child is attending a gun show, the 
child is accompanied by an adult. 
‘‘(2) It shall be unlawful for a person to conduct a 
gun show to which there is admitted a child who is not 
accompanied by an adult. 
‘‘(3) In this subsection: 
‘‘(A) The term ‘child’ means an individual who 
has not attained 18 years of age. 
‘‘(B) The term ‘adult’ means an individual who 
has attained 18 years of age.’’. 
(b) PENALTIES.—Section 924(a) of such title is 
amended by adding at the end the following: 
‘‘(8) Whoever violates section 922(bb) in a State shall 
be punished in accordance with the laws of the State that 
apply to persons convicted of child abandonment.’’. 
SEC. 7. GRANTS FOR GUN SAFETY EDUCATION PROGRAMS. 
(a) PROGRAM AUTHORITY.—The Attorney General is 
authorized to provide grants to units of local government 
to enable law enforcement agencies to develop and sponsor 
gun safety classes for parents and their children. 
(b) APPLICATION.—
(1) IN GENERAL.—Any unit of local govern-
ment that desires to receive a grant award under 
this section shall submit an application to the Attor-
ney General at such time, in such manner and con-
taining such information as the Attorney General 
may reasonably require. 
(2) CONTENTS.—Each application referred to 
in paragraph (1) shall include an assurance that—
(A) funds received under this section shall 
be used only to provide funds to law enforce-
ment agencies to provide gun safety classes; 
and 
(B) gun safety classes will be offered at 
times convenient to parents, including evenings 
and weekends. 
(c) REGULATIONS.—The Attorney General shall issue 
any regulations necessary to carry out this section. 
SEC. 8. EDUCATION: NATIONWIDE FIREARMS SAFETY PRO-
GRAMS. 
It is the sense of Congress that—
(1) each school district should provide or par-
ticipate in a firearms safety program for students in 
grades kindergarten through 12 and should consult 
with a certified firearms instructor before estab-
lishing the curriculum for the program; and 
(2) participation by students in a firearms safe-
ty program should not be mandatory if the district
receives written notice from a parent of the student 
to exempt the student from the program.
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