I
103D CONGRESS
2D SESSION
H. R. 3932
To amend title 18, United States Code, to promote the safe use of guns
and to reduce gun violence.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 1994
Mr. SCHUMER introduced the following bill; which was referred jointly to the
Committees on the Judiciary, Ways and Means, and Energy and Commerce
OCTOBER 27, 1994
Additional sponsors: Mr. ABERCROMBIE, Mrs. SCHROEDER, and Mr.
KREIDLER
A BILL
To amend title 18, United States Code, to promote the
safe use of guns and to reduce gun violence.
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 ‘‘Gun Violence Preven-
tion Act of 1994’’.
SEC. 2. FINDINGS AND DECLARATIONS.
The Congress finds and declares that—
(1) crime, particularly crime involving guns, is
a pervasive, nationwide problem;
(2) crimes committed with guns threaten the
peace and domestic tranquility of the citizens of the
United States and threaten the security and general
welfare of the Nation and its people;
(3) crimes committed with guns, and especially
handguns, have created a substantial burden on
interstate commerce;
(4) crime at the local level is exacerbated by the
interstate movement of guns;
(5) guns and ammunition are easily concealed
and transported across State lines in interstate com-
merce, and as a result, individual State action to
regulate them is made less than effective by lax reg-
ulation in other States;
(6) in fact, even before the sale of a firearm,
the gun, its component parts, ammunition, and the
raw materials from which they are made have moved
considerably in interstate commerce;
(7) while criminals move freely from State to
State, ordinary citizens and foreign visitors may fear
to travel to or through certain parts of the country
due to concern about violent crime and gun violence,
and parents may decline to send their children to
school for the same reason;
(8) the occurrence of gun violence in schools
has resulted in a decline in the quality of education
in our country and this, in turn, has an adverse im-
pact on interstate commerce and the foreign com-
merce of the United States;
(9) States and localities find it almost impos-
sible to handle gun-related crime by themselves due
in part to the failure or inability of other States or
localities to take strong measures; and
(10) accordingly, it is necessary to establish na-
tional standards to promote the safe use of firearms
and to reduce gun violence, including handgun li-
censing and registration, expanded prohibitions
against firearm transfers to, or possession by, chil-
dren and persons likely to misuse or commit crimes
with firearms, requirements for gun safety and safe
storage, strengthened regulation of licensed manu-
facturers, importers, and dealers, and prohibitions
on the sale of semiautomatic assault weapons and
other dangerous weapons.
TITLE I—HANDGUN LICENSING
AND REGISTRATION
SEC. 101. STATE LICENSE REQUIRED TO RECEIVE TRANS-
FER OF A HANDGUN.
(a) IN GENERAL.—Section 922 of title 18, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(u)(1) It shall be unlawful for any person to sell,
deliver, or otherwise transfer a handgun to an individual
(including an individual taking possession of a handgun
as employee or agent of another person) who is not li-
censed under section 923 unless—
‘‘(A) the transferor (or a licensed dealer, if
State law so directs or allows) has verified that the
transferee possesses a valid State handgun license
by—
‘‘(i) examining the State handgun license;
‘‘(ii) examining, in addition to the State
handgun license, a valid identification document
(as defined in section 1028) containing a photo-
graph of the transferee; and
‘‘(iii) contacting the chief law enforcement
officer of the State that issued the State hand-
gun license to confirm that the State handgun
license has not been revoked;
‘‘(B) the transferor (or licensed dealer) has pro-
vided to the chief law enforcement officer of the
State in which the transfer is to take place a State
handgun registration form for the handgun to be
transferred; and
‘‘(C)(i) not less than 7 days have elapsed from
the date on which the transferor (or licensed dealer)
contacted the chief law enforcement officer of the
State pursuant to subparagraph (A)(iii); or
‘‘(ii) the transferee has presented to the trans-
feror (or licensed dealer) a written statement, issued
by the chief law enforcement officer of the State in
which the transferee resides within the previous 10
days, stating that the transferee requires access to
a handgun because of a threat to the life of the
transferee or any member of the household of the
transferee.
‘‘(2) It shall be unlawful for any person to sell, de-
liver, or otherwise transfer handgun ammunition to an in-
dividual (including an individual taking possession of
handgun ammunition as employee or agent of another per-
son) who is not licensed under section 923 unless the
transferor (or licensed dealer) has verified that the trans-
feree possesses a valid State handgun license by—
‘‘(A) examining the State handgun license; and
‘‘(B) examining, in addition to the State hand-
gun license, a valid identification document (as de-
fined in section 1028) containing a photograph of
the transferee.
‘‘(3) It shall be unlawful for any individual (including
an individual acting as employee or agent of another per-
son) who is not licensed under section 923 to receive
transfer of a handgun or handgun ammunition unless the
individual possesses a valid State handgun license.
‘‘(4)(A) As used in this subsection, the term ‘State
handgun license’ means a license issued under a State law
that provides for the issuance and revocation of licenses
and the reporting of losses and thefts of handguns and
handgun ammunition consistent with this paragraph.
‘‘(B) A State handgun license shall—
‘‘(i) be issued by the chief law enforcement offi-
cer of the State in which the licensee resides;
‘‘(ii) contain, at a minimum, the licensee’s
name, address, date of birth, physical description, a
unique license number and a photograph of the li-
censee; and
‘‘(iii) remain valid for a period of not more than
2 years, unless revoked.
‘‘(C) A State handgun license shall not be issued un-
less the chief law enforcement officer of the State deter-
mines that the applicant—
‘‘(i) is at least 21 years of age;
‘‘(ii) is a resident of the State, by examining,
at a minimum, documentation in addition to a valid
identification document (as defined in section 1028),
such as a utility bill or lease agreement;
‘‘(iii) is not prohibited from possessing or re-
ceiving a handgun under Federal, State, or local
law, based upon name- and fingerprint-based re-
search in all available Federal, State, and local rec-
ordkeeping systems, including the national system
designated by the Attorney General pursuant to the
Brady Handgun Violence Prevention Act; and
‘‘(iv) has been issued a State handgun safety
certificate.
‘‘(D) The chief law enforcement officer of the State
may be authorized to charge a fee for issuance of a State
handgun license.
‘‘(E) If a chief law enforcement officer of the State
determines that an individual is ineligible to receive a
State handgun license and the individual in writing re-
quests the officer to provide the reasons for that deter-
mination, the officer shall provide the reasons to the indi-
vidual in writing within 20 business days after receipt of
the request.
‘‘(F)(i) A State handgun license shall be revoked if
the chief law enforcement officer of the State that issued
the license determines that the applicant no longer satis-
fies 1 of the qualifications described in subparagraph (C).
‘‘(ii) A person possessing a State handgun license
that is revoked shall return the license to the chief law
enforcement officer of the State in which the licensee re-
sides within 10 days after receipt of notice of the revoca-
tion.
‘‘(G) The applicant shall be required under State law
to report the theft or loss of a firearm within 24 hours
after the theft or loss is discovered, to—
‘‘(i) the Secretary;
‘‘(ii) the chief law enforcement officer of the
State; and
‘‘(iii) appropriate local authorities,
failure to report to be punishable by a civil penalty of
$1,000 or such greater amount as State law may provide.
‘‘(5)(A) As used in this subsection, the term ‘State
handgun registration form’ means a form prescribed
under State law consistent with this paragraph.
‘‘(B) A State handgun registration form shall con-
tain, at a minimum—
‘‘(i) information identifying the transferee, in-
cluding name, address, date of birth, and State
handgun license number; and
‘‘(ii) information identifying the handgun, in-
cluding make, model, caliber, and serial number.
‘‘(C) The chief law enforcement officer of the State
shall furnish information from handgun registration forms
to Federal, State, and local law enforcement authorities
upon request.
‘‘(D) The chief law enforcement officer of the State
may be authorized to charge a fee for registering a hand-
gun.
‘‘(6)(A) As used in this subsection, the term ‘State
handgun safety certificate’ means a certificate under a
State law that provides for the issuance of certificates in
accordance with this paragraph.
‘‘(B) A State handgun safety certificate shall be is-
sued by the chief law enforcement officer of the State in
which the applicant resides.
‘‘(C) A State handgun safety certificate shall not be
issued unless the chief law enforcement officer of the State
determines that the applicant—
‘‘(i) has completed a course, taught by law en-
forcement officers and designed by the chief law en-
(d) EFFECTIVE DATE.—The amendments made by
this title shall become effective on the date that is 180
days after the date of enactment of this Act.
(e) AMENDMENT OF BRADY ACT.—
(1) INTERIM PROVISION.—Section 922(s)(1) of
title 18, United States Code, is amended by adding
‘‘or on the effective date of subsection (u), whichever
occurs earlier,’’ after ‘‘60 months after such date of
enactment,’’.
(2) PERMANENT PROVISION.—Section 922(t) of
title 18, United States Code, is amended by striking
‘‘firearm’’ each place it appears and inserting ‘‘fire-
arm other than a handgun or ammunition other
than handgun ammunition’’.
(3) 
TECHNICAL
CORRECTION.—Section
922(t)(1)(B)(ii) of title 18, United States Code, is
amended by inserting ‘‘or State law’’ after ‘‘section’’.
(f) FUNDING.—
(1) GRANTS FOR ESTABLISHING SYSTEMS OF
LICENSING AND REGISTRATION.—The Attorney Gen-
eral shall, subject to the availability of appropria-
tions, make a grant to each State (as defined in sec-
tion 921(a)(2) of title 18, United States Code) to be
used for the initial startup costs associated with es-
tablishing a system of licensing and registration con-
sistent with the requirements of section 922(u) of
title 18, United States Code.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated for grants
under paragraph (1) a total of $200,000,000 for fis-
cal year 1995 and all fiscal years thereafter.
TITLE II—RESTRICTIONS ON
FIREARM POSSESSION
SEC. 201. PROHIBITION OF TRANSFER OF A FIREARM TO,
OR POSSESSION OF A FIREARM BY, A PERSON
CONVICTED OF A VIOLENT CRIME OR SUB-
JECT TO A PROTECTION ORDER.
(a) PROHIBITION OF TRANSFER.—Section 922(d) of
title 18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (7) and by inserting ‘‘; or’’; and
(3) by inserting after paragraph (7) the follow-
ing new paragraph:
‘‘(8)(A) is under indictment for, or has been
convicted in any court of, an offense that—
‘‘(i) involves the use, attempted use, or
threatened use of physical force against another
person; or
‘‘(ii) by its nature involves a substantial
risk that physical force against another person
may be used in the course of committing the of-
fense; or
‘‘(B) is required, pursuant to an order issued
by a court in a case involving the use, attempted
use, or threatened use of physical force against an-
other person, to refrain from contact with or main-
tain a minimum distance from that person.’’.
(b) PROHIBITION OF POSSESSION.—Section 922(g)
of title 18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (7) and by inserting ‘‘; or’’; and
(3) by inserting after paragraph (7) the follow-
ing new paragraph:
‘‘(8)(A) has been convicted in any court of an
offense that—
‘‘(i) involves the use, attempted use, or
threatened use of physical force against another
person; or
‘‘(ii) by its nature involves a substantial
risk that physical force against another person
may be used in the course of committing the of-
fense; or
‘‘(B) is required, pursuant to an order issued
by a court in a case involving the use, attempted
use, or threatened use of physical force against an-
other person, to refrain from contact with or main-
tain a minimum distance from that person.’’.
SEC. 202. PROHIBITION OF TRANSFER OF A FIREARM OR
AMMUNITION TO, OR POSSESSION OF A FIRE-
ARM OR AMMUNITION BY, A JUVENILE.
(a) OFFENSE.—Section 922 of title 18, United States
Code, as amended by section 101(a), is amended by add-
ing at the end the following new subsection:
‘‘(v)(1) It shall be unlawful for a person to sell, de-
liver, or otherwise transfer—
‘‘(A) a handgun or handgun ammunition to any
individual who the person knows or reasonably
should know is less than 21 years of age; or
‘‘(B) a firearm other than a handgun, or am-
munition other than handgun ammunition, to any
individual who the person knows or reasonably
should know is less than 16 years of age.
‘‘(2) It shall be unlawful for any person to knowingly
possess and intentionally control—
‘‘(A) a handgun or handgun ammunition if the
person is less than 21 years of age; or
‘‘(B) a firearm other than a handgun, or am-
munition other than handgun ammunition, if the
person is less than 16 years of age.
‘‘(3) This subsection does not apply to—
‘‘(A) a temporary transfer or temporary posses-
sion of a firearm or ammunition if the firearm or
ammunition is possessed and used by the person
who is underage—
‘‘(i) with the personal supervision and con-
sent of a person who is at least 21 years of age
who is not prohibited by Federal, State, or local
law from possessing a firearm;
‘‘(ii) with the consent of the underage per-
son’s parent or legal guardian; and
‘‘(iii) in accordance with State and local
law;
‘‘(B) an underage person who is a member of
the Armed Forces of the United States or the Na-
tional Guard who possesses or is armed with a fire-
arm or ammunition in the line of duty;
‘‘(C) a transfer by inheritance of title of a fire-
arm or ammunition to an underage person, except
that subsection (v)(2) shall apply to the possession
by an underage person as a result of such a trans-
fer; or
‘‘(D) the transfer to, or possession by, an un-
derage person of a firearm or ammunition while de-
fending himself or herself or other persons against
an intruder into the residence of the underage per-
son or a residence in which the underage person is
an invited guest.’’.
(b) PENALTIES.—Section 924(a) of title 18, United
States Code, is amended by adding at the end the follow-
ing new paragraph:
‘‘(6) A person who violates section 922(v) shall be
fined not more than $1,000, imprisoned not more than
1 year, or both, except that a person under the age of
18 who violates section 922(v)(2) for the first time shall
be sentenced to probation on appropriate conditions and
shall not be incarcerated unless the person fails to comply
with a condition of probation.’’.
SEC. 203. STORAGE OF FIREARMS AWAY FROM JUVENILES.
(a) OFFENSE.—Section 922 of title 18, United States
Code, as amended by section 202(a), is amended by add-
ing at the end the following new subsection:
‘‘(w)(1) Except as provided in paragraph (2), it shall
be unlawful for any person to store or leave a loaded fire-
arm, or an unloaded firearm and ammunition that can be
fired by that firearm, at any place to which the person
knows, or reasonably should know, a juvenile is likely to
gain access at a time when the juvenile is not under the
personal supervision of an adult who is not prohibited by
Federal, State, or local law from possessing the firearm.
‘‘(2) As used in this subsection—
‘‘(A) the term ‘juvenile’ means a person who
has not attained 16 years of age; and
‘‘(B) the term ‘adult’ means a person who has
attained 21 years of age.’’.
(b) NOTICE.—Section 923 of title 18, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(l) Each licensed dealer shall post conspicuously at
each of the dealer’s places of business the following warn-
ing in block letters that are not less than 1 inch in height:
‘‘IT IS A FEDERAL CRIME TO STORE OR LEAVE
A LOADED FIREARM, OR AN UNLOADED
FIREARM AND ITS AMMUNITION, WHERE
AN UNSUPERVISED JUVENILE
CAN GAIN ACCESS.’’.
(c) PENALTY.—Section 924(a)(5) of title 18, United
States Code, is amended by striking ‘‘or (t)’’ and inserting
‘‘(t), or (w)’’.
SEC. 204. FEDERAL ARSENAL LICENSE.
(a) OFFENSE.—Section 922 of title 18, United States
Code, as amended by section 203(a), is amended by add-
ing at the end the following new subsection:
‘‘(x) It shall be unlawful for a person to possess more
than 20 firearms or more than 1,000 rounds of ammuni-
tion unless the person—
‘‘(1) is a licensed importer, licensed manufac-
turer, or licensed dealer; or
‘‘(2) has been issued an arsenal license pursu-
ant to section 923(m).’’.
(b) ARSENAL LICENSE.—Section 923 of title 18,
United States Code, as amended by section 203(b), is
amended by adding at the end the following new sub-
section:
‘‘(m)(1) The Secretary shall issue an arsenal license
if—
‘‘(A) the applicant has—
‘‘(i) filed a sworn application with the Sec-
retary, stating—
‘‘(I) the applicant’s name, address,
and date of birth;
‘‘(II) that the applicant is at least 21
years of age; and
‘‘(III) that the applicant is not pro-
hibited from possessing or receiving a fire-
arm under Federal, State, or local law;
‘‘(ii) filed with the Secretary a certificate,
dated within the previous 60 days, from the
chief law enforcement officer of the applicant’s
State of residence, stating that the applicant
has not exhibited such a propensity for violence,
instability, or disregard of the law as may
render the applicant’s possession of an arsenal
a danger to the community; and
‘‘(iii) paid an arsenal license fee of $300
for a 3-year license period; and
‘‘(B) the Secretary has determined that the in-
formation in the application is accurate, based in
part upon name- and fingerprint-based research in
all available Federal, State, and local recordkeeping
systems.
‘‘(2) The holder of an arsenal license shall be subject
to all obligations and requirements pertaining to licensed
dealers under this chapter.’’.
(c) PENALTY.—Section 924(a)(5) of title 18, United
States Code, as amended by section 203(c), is amended
by striking ‘‘or (w)’’ and inserting ‘‘(w), or (x)’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall become effective on the date that is 180
days after the date of enactment of this Act.
SEC. 205. RESTORATION OF FIREARM PRIVILEGES.
(a) RESTORATION BY SECRETARY.—
(1) REPEAL OF AUTHORITY.—Section 925 of
title 18, United States Code, is amended—
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and
(e) as subsections (c) and (d), respectively.
(2) TECHNICAL
AMENDMENTS.—(A) Section
922(d) of title 18, United States Code, is amended
in the matter following paragraph (7) by striking ‘‘,
or to a person who has been granted relief from dis-
abilities pursuant to subsection (c) of section 925 of
this chapter’’.
(B) Section 38(b)(1)(B)(i) of the Arms Export
Control Act (22 U.S.C. 2778(b)(1)(B)(i)) is amend-
ed by striking ‘‘925(e)’’ and inserting ‘‘925(d)’’.
(b) RESTORATION
BY
A STATE
OR
THE PRESI-
DENT.—Section 921(a)(20) of title 18, United States
Code, is amended—
(1) in the first sentence—
(A) by inserting ‘‘(A)’’ after ‘‘(20)’’; and
(B) by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively;
(2) in the second sentence by striking ‘‘What’’
and inserting the following:
‘‘(B) What’’; and
(3) by striking the third sentence and inserting
the following new subparagraph:
‘‘(C)(i) A conviction that has been ex-
punged or set aside, or for which a person has
been pardoned or has had civil rights restored,
shall not be considered to be a conviction for
purposes of this chapter if—
‘‘(I) the expungement, setting aside,
pardon, or restoration of civil rights ap-
plies to a named person; and
‘‘(II) the authority that grants the
expungement, setting aside, pardon, or res-
toration of civil rights expressly authorizes
the person to ship, transport, receive, and
possess firearms and expressly determines
that the circumstances regarding the con-
viction and the person’s record and reputa-
tion are such that the person is not likely
to act in a manner that is dangerous to
public safety and the granting of the relief
is not contrary to the public interest.
‘‘(ii) Clause (i) shall not apply to a convic-
tion of a serious drug offense (as defined in sec-
tion 924(e)(2)(A)) or violent felony (as defined
in section 924(e)(2)(B)).’’.
TITLE III—RESTRICTIONS ON
GUN SELLERS
SEC. 301. PROHIBITION ON MULTIPLE HANDGUN TRANS-
FERS.
(a) IN GENERAL.—Section 922 of title 18, United
States Code, as amended by section 204(a), is amended
by adding at the end the following new subsection:
‘‘(y)(1) Except as provided in paragraph (2), it shall
be unlawful for any person to—
‘‘(A) receive transfer of more than 1 handgun
during any 30-day period;
‘‘(B) transfer to another person more than 1
handgun during any 30-day period; or
‘‘(C) transfer a handgun to another person if
the transferor knows or reasonably should know that
such person has received transfer of another hand-
gun during the previous 30-day period.
‘‘(2) Paragraph (1) shall not apply to—
‘‘(A) a transfer of a handgun to a person who
is licensed under section 923;
‘‘(B) a transfer of a handgun by inheritance;
‘‘(C) a transfer of a handgun if another hand-
gun is given by the transferee to the transferor in
exchange; or
‘‘(D) a transfer of a handgun that has been ap-
proved by the chief law enforcement officer of the
State of residence of the transferee in accordance
with regulations issued by the Secretary under sub-
section (b).
‘‘(3) As used in this subsection, the term ‘chief law
enforcement officer of the State’ has the meaning stated
in section 922(u)(7) of title 18, United States Code.’’.
(b) REGULATIONS.—Not later than 60 days after the
date of enactment of this Act, the Secretary shall prescribe
regulations that—
(1) provide procedures for a chief law enforce-
ment officer to approve the transfer of more than 1
handgun during a 30-day period if—
(A) the transferee is a private security
company licensed to do business in the State
where the transfer takes place; or
(B) the transferee is replacing a handgun
that had been received and then stolen within
the 30-day period; and
(2) require a person who is licensed under sec-
tion 923, before transferring a handgun, to receive
a sworn statement from the transferee that the
transferee has not received transfer of another hand-
gun during the prior 30-day period.
(c) 
MAINTENANCE
OF
RECORDS.—Section
923(g)(3)(B) of title 18, United States Code, is amended
by striking all of the paragraph after ‘‘entity’’ and by in-
serting ‘‘other than Federal, State, or local law enforce-
ment authorities.’’.
(d) PENALTY.—Section 924(a)(1)(B) of title 18,
United States Code, as amended by section 101(c), is
amended by striking ‘‘or (u)’’ and inserting ‘‘(u), or (y)’’.
(e) EFFECTIVE DATE.—Subsections (a) and (d) shall
become effective on the date that is 30 days after the ef-
fective date of the regulations prescribed under subsection
(b).
SEC. 302. COMPLIANCE WITH STATE AND LOCAL LAW AS
CONDITION TO LICENSE.
Section 923(d)(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D);
(2) by striking the period at the end of sub-
paragraph (E) and inserting ‘‘; and’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(F)(i) the business to be conducted under
the license is not prohibited by State or local
law in the place where the business premise is
located; and
‘‘(ii) the applicant certifies that—
‘‘(I) the business to be conducted
under the license complies with the re-
quirements of State and local law applica-
ble to the conduct of the business; and
‘‘(II) the applicant has notified local
authorities, in a manner determined by the
Secretary, of the filing of the application.’’.
SEC. 303. LICENSE APPLICATION FEES.
Section 923(a) of title 18, United States Code, is
amended—
(1) in paragraph (1)(A) by striking ‘‘$1,000’’
and inserting ‘‘$10,000’’;
(2) in paragraph (1)(B) by striking ‘‘$50’’ and
inserting ‘‘$1,000’’;
(3) in paragraph (1)(C) by striking ‘‘$10’’ and
inserting ‘‘$1,000’’;
(4) in paragraph (2)(A) by striking ‘‘$1,000’’
and inserting ‘‘$10,000’’;
(5) in paragraph (2)(B) by striking ‘‘$50’’ and
inserting ‘‘$1,000’’;
(6) in paragraph (3)(A) by striking ‘‘$1,000’’
and inserting ‘‘$10,000’’; and
(7) in paragraph (3)(B) by striking ‘‘$200 for
3 years, except that the fee for renewal of a valid
license shall be $90 for 3 years’’ and inserting
‘‘$1,000 per year’’.
SEC. 304. ACTION ON FIREARMS LICENSE APPLICATION.
Section 923(d)(2) of title 18, United States Code, is
amended by striking ‘‘forty-five-day’’ and inserting ‘‘180-
day’’.
SEC. 305. INSPECTION OF FIREARMS LICENSEES’ INVEN-
TORY AND RECORDS.
Section 923(g)(1)(B)(ii) of title 18, United States
Code, is amended by striking ‘‘once during any twelve-
month period’’ and inserting ‘‘3 times during any 12-
month period, or at any time with respect to records relat-
ing to a firearm involved in a criminal investigation’’.
SEC. 306. REQUIREMENT OF BUSINESS LIABILITY INSUR-
ANCE.
Section 923(d)(1) of title 18, United States Code, as
amended by section 302, is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (E);
(2) by striking the period at the end of sub-
paragraph (F) and inserting ‘‘; and’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(G) the applicant certifies that the busi-
ness is covered by an insurance policy providing
personal injury protection to any person in-
jured, while engaged in lawful activity, by a
handgun obtained through the negligence of the
applicant, to a limit of $100,000 for loss sus-
tained by any such person as a result of bodily
injury or death.’’.
SEC. 307. LICENSE FOR AMMUNITION DEALERS.
Chapter 44 of title 18, United States Code, is amend-
ed—
(1) in section 922(a)(1)(B)—
(A) by striking ‘‘or licensed manufacturer’’
and inserting ‘‘, licensed manufacturer, or li-
censed dealer’’; and
(B) by striking ‘‘or manufacturing’’ and
inserting ‘‘, manufacturing, or dealing’’;
(2) in section 922(a)(2) by inserting ‘‘or ammu-
nition’’ after ‘‘any firearm’’;
(3) in section 922(a)(3) by inserting ‘‘or ammu-
nition’’ after ‘‘firearm’’ each place it appears;
(4) in section 922(a)(5) by inserting ‘‘or ammu-
nition’’ after ‘‘firearm’’ each place it appears;
(5) in section 922(b)(2) by inserting ‘‘or ammu-
nition’’ after ‘‘firearm’’ each place it appears;
(6) in section 922(b)(3) by inserting ‘‘or ammu-
nition’’ after ‘‘firearm’’ each place it appears;
(7) in section 922(b)(5) by striking ‘‘armor-
piercing’’;
(8) in section 923(a) by striking ‘‘, or importing
or manufacturing’’ and inserting ‘‘or’’;
(9) in section 923(g)(1)(A)—
(A) by inserting ‘‘or ammunition’’ after
‘‘firearms’’ the first place it appears;
(B) by striking ‘‘firearms’’ the second
place it appears; and
(C) by striking ‘‘licensed collector, or any
licensed importer or manufacturer of ammuni-
tion’’ and inserting ‘‘or licensed collector’’; and
(10) in section 923(g)(2)—
(A) by inserting ‘‘or ammunition’’ after
‘‘firearms’’; and
(B) by inserting ‘‘or ammunition’’ after
‘‘firearm’’.
SEC. 308. CHECK OF FIREARM STORE EMPLOYEES.
(a) PROHIBITION.—Section 923 of title 18, United
States Code, as amended by section 204(b), is amended
by adding at the end the following new subsection:
‘‘(n) A licensed importer, licensed manufacturer, or
licensed dealer shall not employ any person in a position
in which the person would have unsupervised access to
firearms or ammunition unless—
‘‘(1) in the case of access to handguns or hand-
gun ammunition, the person has a valid State hand-
gun license; and
‘‘(2) in the case of access to firearms other
than handguns or ammunition other than handgun
ammunition—
‘‘(A) the person is at least 18 years of age;
‘‘(B) the licensee has contacted the na-
tional system designated by the Attorney Gen-
eral pursuant to the Brady Handgun Violence
Prevention Act and the system has notified the
licensee that the possession of a firearm by the
person would not violate Federal, State, or local
law; and
‘‘(C) the licensee has verified the identity
of the person by examining a valid identification
document (as defined in section 1028) of the
person containing a photograph of the person.’’.
(b) PENALTY.—Section 924(a)(1)(B) of title 18,
United States Code, as amended by section 301(d), is
amended by striking ‘‘or (y) of section 922’’ and inserting
‘‘or (y) of section 922, or section 923’’.
SEC. 309. PROHIBITION OF SALES BY LICENSEES OTHER
THAN ON LICENSED PREMISES.
Section 923(j) of title 18, United States Code, is
amended to read as follows:
‘‘(j) A licensed importer, licensed manufacturer, or
licensed dealer shall not sell, deliver, or otherwise transfer
a firearm from any motorized or towed vehicle or at a loca-
tion other than the location specified on the license.’’.
SEC. 310. RESPONSES TO REQUESTS FOR INFORMATION.
Section 923(g) of title 18, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘(6) Each licensee shall respond immediately to a re-
quest by the Secretary for information contained in the
records required to be kept by this chapter as may be re-
quired in the conduct of a criminal investigation. The re-
quested information shall be provided orally or in writing,
as the Secretary may require.’’.
SEC. 311. REPORTS OF THEFT OR LOSS OF FIREARMS.
Section 923(g) of title 18, United States Code, as
amended by section 310, is amended by adding at the end
the following new paragraph:
‘‘(7) Each licensee shall report the theft or loss of
a firearm from the licensee’s inventory or collection, within
24 hours after the theft or loss is discovered, to the Sec-
retary, the chief law enforcement officer of the State (as
defined in section 922(u)(7)), and appropriate local au-
thorities.’’.
SEC. 312. DEFINITION OF FIREARM EXPANDED TO INCLUDE
COMPONENT PARTS.
Section 921(a)(3)(B) of title 18, United States Code,
is amended by striking ‘‘or receiver’’ and inserting ‘‘, re-
ceiver, barrel, stock, ammunition magazine, or any part
of the action’’.
SEC. 313. COMMON CARRIER DELIVERY TO LICENSEES.
Section 922(f)(2) of title 18, United States Code, is
amended to read as follows:
‘‘(2) It shall be unlawful for any common or contract
carrier to deliver in interstate or foreign commerce any
firearm or ammunition without—
‘‘(A) examining the Federal firearms or ammu-
nition license of the recipient; and
‘‘(B) obtaining written acknowledgement of re-
ceipt from the recipient of the package or other con-
tainer in which there is a firearm or ammunition.’’.
SEC. 314. CIVIL LIABILITY FOR VIOLATION OF FIREARM
LAW.
Section 924 of title 18, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(i)(1) Any person who sells, delivers, or otherwise
transfers any firearm or ammunition in violation of Fed-
eral law shall be liable for all damages proximately caused
by such sale, delivery, or other transfer.
‘‘(2) An action to recover damages under paragraph
(1) may be brought in a United States district court by,
or on behalf of, any person, or the estate of any person,
who suffers bodily injury or death as a result of the dis-
charge of a firearm or ammunition sold, delivered, or
transferred in violation of Federal law. Prevailing plain-
tiffs in such actions shall be awarded costs and reasonable
attorneys’ fees. Punitive damages shall be recoverable by
the plaintiff if the defendant is found to have intentionally
or recklessly violated the law.
‘‘(3) No action under paragraph (2) may be brought
by or on behalf of a person who was engaged in a criminal
act against the person or property of another person at
the time of the injury.
‘‘(4) Nothing in this section shall be construed to pre-
empt or otherwise limit any other cause of action available
to any person.’’.
TITLE IV—PROHIBITED
WEAPONS
SEC. 401. PROHIBITED WEAPONS.
(a) PROHIBITION.—Section 922 of title 18, United
States Code, as amended by section 301(a), is amended
by adding at the end the following new subsection:
‘‘(z)(1) Except as provided in paragraph (2), it shall
be unlawful for any person to manufacture, transfer, or
possess a prohibited weapon.
‘‘(2) Paragraph (1) does not apply with respect to—
‘‘(A) the manufacture by or for, transfer to or
by, or possession by or under the authority of, the
United States or any department or agency thereof
or a State, or a department, agency, or political sub-
division thereof;
‘‘(B) any lawful transfer or lawful possession of
a prohibited weapon that was lawfully possessed be-
fore the date this subsection takes effect; or
‘‘(C) the manufacture, transfer, or possession of
any prohibited weapon by a licensed manufacturer
or licensed importer for the purposes of testing or
experimentation authorized by the Secretary.’’.
(b) DEFINITIONS.—Section 921 of title 18, United
States Code, as amended by section 101(b), is amended—
(1) in subsection (a)—
(A) in paragraph (28) by striking ‘‘ ‘semi-
automatic rifle’ means any repeating rifle’’ and
inserting ‘‘ ‘semiautomatic firearm’ means any
repeating firearm’’; and
(B) by adding at the end the following new
paragraphs:
‘‘(31) The term ‘prohibited weapon’ means—
‘‘(A) a firearm muffler or firearm silencer;
‘‘(B) a short-barreled shotgun;
‘‘(C) a short-barreled rifle;
‘‘(D) a destructive device;
‘‘(E) a semiautomatic assault weapon;
‘‘(F) a Saturday-night-special handgun;
‘‘(G) a nonsporting ammunition; and
‘‘(H) a large-capacity ammunition feeding de-
vice.
‘‘(32)(A) The term ‘semiautomatic assault weapon’
means—
‘‘(i) any of the firearms, or types, replicas, or
duplicates in any caliber of the firearms known as—
‘‘(I) Norinco, Mitchell, and Poly Tech-
nologies Avtomat Kalashnikovs (all models);
‘‘(II) Israeli Military Industries Uzi and
Galil;
‘‘(III) Beretta AR–70;
‘‘(IV) Colt AR–15 and Sporter;
‘‘(V) Fabrique Nationale FN/FAL, FN/
LAR, and FNC;
‘‘(VI) SWD M–10, M–11, M–11/9, and M–
12;
‘‘(VII) Steyr AUG;
‘‘(VIII) Intratec TEC–9, TEC–DC9 and
TEC–22; and
‘‘(IX) revolving cylinder shotguns, such as
(but not limited to) the Street Sweeper and
Striker 12;
‘‘(ii) a semiautomatic rifle that has an ability to
accept a detachable magazine and has at least 2 of
the following:
‘‘(I) a folding or telescoping stock;
‘‘(II) a pistol grip that protrudes conspicu-
ously beneath the action of the weapon;
‘‘(III) a bayonet mount;
‘‘(IV) a flash suppressor or barrel having
a threaded muzzle; and
‘‘(V) a grenade launcher;
‘‘(iii) a semiautomatic pistol that has an ability
to accept a detachable magazine and has at least 2
of the following:
‘‘(I) an ammunition magazine that at-
taches to the pistol outside of the pistol grip;
‘‘(II) a barrel having a threaded muzzle;
‘‘(III) a shroud that is attached to or par-
tially or completely encircles the barrel and that
permits the shooter to hold the firearm with the
nontrigger hand without being burned;
‘‘(IV) a manufactured weight of 50 ounces
or more when the pistol is unloaded; and
‘‘(V) a semiautomatic version of an auto-
matic firearm; and
‘‘(iv) a semiautomatic shotgun that has at least
2 of the following:
‘‘(I) a folding or telescoping stock;
‘‘(II) a pistol grip that protrudes conspicu-
ously beneath the action of the weapon;
‘‘(III) a fixed magazine capacity in excess
of 5 rounds; and
‘‘(IV) an ability to accept a detachable
magazine.
‘‘(B) The term ‘semiautomatic assault weapon’ shall
not apply to—
‘‘(i) any of the firearms specified in Appendix
A to this section as such firearms were manufac-
tured on or prior to January 1, 1994; and
‘‘(ii) any firearm that—
‘‘(I) is manually operated by bolt, pump,
lever, or slide action;
‘‘(II) has been rendered permanently inop-
erable; or
‘‘(III) is an antique firearm.
‘‘(33) The term ‘Saturday-night-special handgun’
means—
‘‘(A) any handgun that has a barrel, slide,
frame or receiver which is a die casting of zinc alloy
or any other nonhomogeneous metal which will melt
or deform at a temperature of less than 800 degrees
Fahrenheit;
‘‘(B) any pistol which does not have a positive
manually operated safety device, a double action re-
volver which does not have a safety feature which
automatically causes the hammer to retract to a
point where the firing pin does not rest upon the
primer of the cartridge, or any single action revolver
which does not have a safety feature which by man-
ual operation causes the hammer to retract to a
point where the firing pin does not rest upon the
primer of the cartridge;
‘‘(C) any revolver with a safety device which
cannot withstand the impact of a weight equal to the
weight of the revolver dropping from a distance of
36 inches in a line parallel to the barrel upon the
rear of the hammer spur, a total of 5 times;
‘‘(D) any pistol that has a combined length and
height less than 10 inches with the height (right
angle measurement to barrel without magazine or
extension) being at least 4 inches and the length
being at least 6 inches, or any revolver that has a
barrel length of less than 3 inches or has an overall
frame (with conventional grips) length (not diago-
nal) of less than 41⁄2 inches; or
‘‘(E)(i) uses ammunition of the following cali-
bers—
‘‘(I) .22 short;
‘‘(II) .25; or
‘‘(III) .32; and
‘‘(ii) has an overall weight, while unloaded, of
less than 18 ounces.
‘‘(34) The term ‘nonsporting ammunition’ means—
‘‘(A) any of the ammunition, or types, replicas,
or duplicates of the ammunition known as—
‘‘(i) Dragon’s Breath; or
‘‘(ii) .50 caliber BMG;
‘‘(B) any ammunition that contains an incendi-
ary or explosive charge;
‘‘(C) any handgun ammunition measuring more
than .45 inches in diameter; or
‘‘(D) any handgun ammunition that produces a
force at the muzzle in excess of 1,200 foot pounds.
‘‘(35) The term ‘large-capacity ammunition feeding
device’—
‘‘(A) means a magazine, belt, drum, feed strip,
or similar device which has a capacity of, or which
can be readily restored or converted to accept, more
than 6 rounds of ammunition, or any combination of
parts from which such device can be assembled; but
‘‘(B) does not include an attached tubular de-
vice designed to accept, and capable of operating
only with, .22 caliber rimfire ammunition.’’; and
(2) by adding at the end the following appen-
dix:
‘‘APPENDIX A
Centerfire Rifles—Autoloaders
Browning BAR Mark II Safari Semi-Auto Rifle
Browning BAR Mark II Safari Magnum Rifle
Browning High-Power Rifle
Heckler & Koch Model 300 Rifle
Iver Johnson M–1 Carbine
Iver Johnson 50th Anniversary M–1 Carbine
Marlin Model 9 Camp Carbine
Marlin Model 45 Carbine
Remington Nylon 66 Auto-Loading Rifle
Remington Model 7400 Auto Rifle
Remington Model 7400 Rifle
Remington Model 7400 Special Purpose Auto Rifle
Ruger Mini-14 Autoloading Rifle (w/o folding stock)
Ruger Mini Thirty Rifle
Centerfire Rifles—Lever & Slide
Browning Model 81 BLR Lever-Action Rifle
Browning Model 81 Long Action BLR
Browning Model 1886 Lever-Action Carbine
Browning Model 1886 High Grade Carbine
Cimarron 1860 Henry Replica
Cimarron 1866 Winchester Replicas
Cimarron 1873 Short Rifle
Cimarron 1873 Sporting Rifle
Cimarron 1873 30″ Express Rifle
Dixie Engraved 1873 Rifle
E.M.F. 1866 Yellowboy Lever Actions
E.M.F. 1860 Henry Rifle
E.M.F. Model 73 Lever-Action Rifle
Marlin Model 336CS Lever-Action Carbine
Marlin Model 30AS Lever-Action Carbine
Marlin Model 444SS Lever-Action Sporter
Marlin Model 1894S Lever-Action Carbine
Marlin Model 1894CS Carbine
Marlin Model 1894CL Classic
Marlin Model 1895SS Lever-Action Rifle
Mitchell 1858 Henry Replica
Mitchell 1866 Winchester Replica
Mitchell 1873 Winchester Replica
Navy Arms Military Henry Rifle
Navy Arms Henry Trapper
Navy Arms Iron Frame Henry
Navy Arms Henry Carbine
Navy Arms 1866 Yellowboy Rifle
Navy Arms 1873 Winchester-Style Rifle
Navy Arms 1873 Sporting Rifle
Remington 7600 Slide Action
Remington Model 7600 Special Purpose Slide Action
Rossi M92 SRC Saddle-Ring Carbine
Rossi M92 SRS Short Carbine
Savage 99C Lever-Action Rifle
Uberti Henry Rifle
Uberti 1866 Sporting Rifle
Uberti 1873 Sporting Rifle
Winchester Model 94 Side Eject Lever-Action Rifle
Winchester Model 94 Trapper Side Eject
Winchester Model 94 Big Bore Side Eject
Winchester Model 94 Ranger Side Eject Lever-Action Rifle
Winchester Model 94 Wrangler Side Eject
Centerfire Rifles—Bolt Action
Alpine Bolt-Action Rifle
A-Square Caesar Bolt-Action Rifle
A-Square Hannibal Bolt-Action Rifle
Anschutz 1700D Classic Rifles
Anschutz 1700D Custom Rifles
Anschutz 1700D Bavarian Bolt-Action Rifle
Anschutz 1733D Mannlicher Rifle
Barret Model 90 Bolt-Action Rifle
Beeman/HW 60J Bolt-Action Rifle
Blaser R84 Bolt-Action Rifle
BRNO 537 Sporter Bolt-Action Rifle
BRNO ZKB 527 Fox Bolt-Action Rifle
BRNO ZKK 600, 601, 602 Bolt-Action Rifles
Browning A-Bolt Rifle
Browning A-Bolt Stainless Stalker
Browning A-Bolt Left Hand
Browning A-Bolt Short Action
Browning Euro-Bolt Rifle
Browning A-Bolt Gold Medallion
Browning A-Bolt Micro Medallion
Century Centurion 14 Sporter
Century Enfield Sporter #4
Century Swedish Sporter #38
Century Mauser 98 Sporter
Cooper Model 38 Centerfire Sporter
Dakota 22 Sporter Bolt-Action Rifle
Dakota 76 Classic Bolt-Action Rifle
Dakota 76 Short Action Rifles
Dakota 76 Safari Bolt-Action Rifle
Dakota 416 Rigby African
E.A.A./Sabatti Rover 870 Bolt-Action Rifle
Auguste Francotte Bolt-Action Rifles
Carl Gustaf 2000 Bolt-Action Rifle
Heym Magnum Express Series Rifle
Howa Lightning Bolt-Action Rifle
Howa Realtree Camo Rifle
Interarms Mark X Viscount Bolt-Action Rifle
Interarms Mini-Mark X Rifle
Interarms Mark X Whitworth Bolt-Action Rifle
Interarms Whitworth Express Rifle
Iver Johnson Model 5100A1 Long-Range Rifle
KDF K15 American Bolt-Action Rifle
Krico Model 600 Bolt-Action Rifle
Krico Model 700 Bolt-Action Rifles
Mauser Model 66 Bolt-Action Rifle
Mauser Model 99 Bolt-Action Rifle
McMillan Signature Classic Sporter
McMillan Signature Super Varminter
McMillan Signature Alaskan
McMillan Signature Titanium Mountain Rifle
McMillan Classic Stainless Sporter
McMillan Talon Safari Rifle
McMillan Talon Sporter Rifle
Midland 1500S Survivor Rifle
Navy Arms TU–33/40 Carbine
Parker-Hale Model 81 Classic Rifle
Parker-Hale Model 81 Classic African Rifle
Parker-Hale Model 1000 Rifle
Parker-Hale Model 1100M African Magnum
Parker-Hale Model 1100 Lightweight Rifle
Parker-Hale Model 1200 Super Rifle
Parker-Hale Model 1200 Super Clip Rifle
Parker-Hale Model 1300C Scout Rifle
Parker-Hale Model 2100 Midland Rifle
Parker-Hale Model 2700 Lightweight Rifle
Parker-Hale Model 2800 Midland Rifle
Remington Model Seven Bolt-Action Rifle
Remington Model Seven Youth Rifle
Remington Model Seven Custom KS
Remington Model Seven Custom MS Rifle
Remington 700 ADL Bolt-Action Rifle
Remington 700 BDL Bolt-Action Rifle
Remington 700 BDL Varmint Special
Remington 700 BDL European Bolt-Action Rifle
Remington 700 Varmint Synthetic Rifle
Remington 700 BDL SS Rifle
Remington 700 Stainless Synthetic Rifle
Remington 700 MTRSS Rifle
Remington 700 BDL Left Hand
Remington 700 Camo Synthetic Rifle
Remington 700 Safari
Remington 700 Mountain Rifle
Remington 700 Custom KS Mountain Rifle
Remington 700 Classic Rifle
Ruger M77 Mark II Rifle
Ruger M77 Mark II Magnum Rifle
Ruger M77RL Ultra Light
Ruger M77 Mark II All-Weather Stainless Rifle
Ruger M77 RSI International Carbine
Ruger M77 Mark II Express Rifle
Ruger M77VT Target Rifle
Sako Hunter Rifle
Sako Fiberclass Sporter
Sako Safari Grade Bolt Action
Sako Hunter Left-Hand Rifle
Sako Classic Bolt Action
Sake Hunter LS Rifle
Sako Deluxe Lightweight
Sako Super Deluxe Sporter
Sako Mannlicher-Style Carbine
Sako Varmint Heavy Barrel
Sako TRG–S Bolt-Action Rifle
Sauer 90 Bolt-Action Rifle
Savage 110G Bolt-Action Rifle
Savage 110CY Youth/Ladies Rifle
Savage 110WLE One of One Thousand Limited Edition Rifle
Savage 110GXP3 Bolt-Action Rifle
Savage 110F Bolt-Action Rifle
Savage 110FXP3 Bolt-Action Rifle
Savage 110GV Varmint Rifle
Savage 112FV Varmint Rifle
Savage Model 112FVS Varmint Rifle
Savage Model 112BV Heavy Barrel Varmint Rifle
Savage 116FSS Bolt-Action Rifle
Savage model 116FSK Kodiak Rifle
Savage 110FP Police Rifle
Steyr-Mannlicher Sporter Models SL, L, M, S, S/T
Steyr-Mannlicher Luxus Model L, M, S
Steyr-Mannlicher Model M Professional Rifle
Tikka Bolt-Action Rifle
Tikka Premium Grade Rifles
Tikka Varmint/Continental Rifle
Tikka Whitetail/Battue Rifle
Ultra Light Arms Model 20 Rifle
Ultra Light Arms Model 28, Model 40 Rifles
Voere VEC 91 Lightning Bolt-Action Rifle
Voere Model 2165 Bolt-Action Rifle
Voere Model 2155, 2150 Bolt-Action Rifles
Weatherby Mark V Deluxe Bolt-Action Rifle
Weatherby Lasermark V Rifle
Weatherby Mark V Crown Custom Rifles
Weatherby Mark V Sporter Rifle
Weatherby Mark V Safari Grade Custom Rifles
Weatherby Weathermark Rifle
Weatherby Weathermark Alaskan Rifle
Weatherby Classicmark No. 1 Rifle
Weatherby Weatherguard Alaskan Rifle
Weatherby Vanguard VGX Deluxe Rifle
Weatherby Vanguard Classic Rifle
Weatherby Vanguard Classic No. 1 Rifle
Weatherby Vanguard Weatherguard Rifle
Wichita Classic Rifle
Wichita Varmint Rifle
Winchester Model 70 Sporter
Winchester Model 70 Sporter WinTuff
Winchester Model 70 SM Sporter
Winchester Model 70 Stainless Rifle
Winchester Model 70 Varmint
Winchester Model 70 Synthetic Heavy Varmint Rifle
Winchester Model 70 DBM Rifle
Winchester Model 70 DBM–S Rifle
Winchester Model 70 Featherweight
Winchester Model 70 Featherweight WinTuff
Winchester Model 70 Featherweight Classic
Winchester Model 70 Lightweight Rifle
Winchester Ranger Rifle
Winchester Model 70 Super Express Magnum
Winchester Model 70 Super Grade
Winchester Model 70 Custom Sharpshooter
Winchester Model 70 Custom Sporting Sharpshooter Rifle
Centerfire Rifles—Single Shot
Armsport 1866 Sharps Rifle, Carbine
Brown Model One Single Shot Rifle
Browning Model 1885 Single Shot Rifle
Dakota Single Shot Rifle
Desert Industries G–90 Single Shot Rifle
Harrington & Richardson Ultra Varmint Rifle
Model 1885 High Wall Rifle
Navy Arms Rolling Block Buffalo Rifle
Navy Arms #2 Creedmoor Rifle
Navy Arms Sharps Cavalry Carbine
Navy Arms Sharps Plains Rifle
New England Firearms Handi-Rifle
Red Willow Armory Ballard No. 5 Pacific
Red Willow Armory Ballard No. 1.5 Hunting Rifle
Red Willow Armory Ballard No. 8 Union Hill Rifle
Red Willow Armory Ballard No. 4.5 Target Rifle
Remington-Style Rolling Block Carbine
Ruger No. 1B Single Shot
Ruger No. 1A Light Sporter
Ruger No. 1H Tropical Rifle
Ruger No. 1S Medium Sporter
Ruger No. 1 RSI International
Ruger No. 1V Special Varminter
C. Sharps Arms New Model 1874 Old Reliable
C. Sharps Arms New Model 1875 Rifle
C. Sharps Arms 1875 Classic Sharps
C. Sharps Arms New Model 1875 Target & Long Range
Shiloh Sharps 1874 Long Range Express
Shiloh Sharps 1874 Montana Roughrider
Shiloh Sharps 1874 Military Carbine
Shiloh Sharps 1874 Business Rifle
Shiloh Sharps 1874 Military Rifle
Sharps 1874 Old Reliable
Thompson/Center Contender Carbine
Thompson/Center Stainless Contender Carbine
Thompson/Center Contender Carbine Survival System
Thompson/Center Contender Carbine Youth Model
Thompson/Center TCR ’87 Single Shot Rifle
Uberti Rolling Block Baby Carbine
Drillings, Combination Guns, Double Rifles
Baretta Express SSO O/U Double Rifles
Baretta Model 455 SxS Express Rifle
Chapuis RGExpress Double Rifle
Auguste Francotte Sidelock Double Rifles
Auguste Francotte Boxlock Double Rifle
Heym Model 55B O/U Double Rifle
Heym Model 55FW O/U Combo Gun
Heym Model 88b Side-by-Side Double Rifle
Kodiak Mk. IV Double Rifle
Kreighoff Teck O/U Combination Gun
Kreighoff Trumpf Drilling
Merkel Over/Under Combination Guns
Merkel Drillings
Merkel Model 160 Side-by-Side Double Rifles
Merkel Over/Under Double Rifles
Savage 24F O/U Combination Gun
Savage 24F–12T Turkey Gun
Springfield Inc. M6 Scout Rifle/Shotgun
Tikka Model 412s Combination Gun
Tikka Model 412S Double Fire
A. Zoli Rifle-Shotgun O/U Combo
Rimfire Rifles—Autoloaders
AMT Lightning 25/22 Rifle
AMT Lightning Small-Game Hunting Rifle II
AMT Magnum Hunter Auto Rifle
Anschutz 525 Deluxe Auto
Armscor Model 20P Auto Rifle
Browning Auto-22 Rifle
Browning Auto-22 Grade VI
Krico Model 260 Auto Rifle
Lakefield Arms Model 64B Auto Rifle
Marlin Model 60 Self-Loading Rifle
Marlin Model 60ss Self-Loading Rifle
Marlin Model 70 HC Auto
Marlin Model 990l Self-Loading Rifle
Marlin Model 70P Papoose
Marlin Model 922 Magnum Self-Loading Rifle
Marlin Model 995 Self-Loading Rifle
Norinco Model 22 ATD Rifle
Remington Model 522 Viper Autoloading Rifle
Remington 552BDL Speedmaster Rifle
Ruger 10/22 Autoloading Carbine (w/o folding stock)
Survival Arms AR–7 Explorer Rifle
Texas Remington Revolving Carbine
Voere Model 2115 Auto Rifle
Rimfire Rifles—Lever & Slide Action
Browning BL–22 Lever-Action Rifle
Marlin 39TDS Carbine
Marlin Model 39AS Golden Lever-Action Rifle
Remington 572BDL Fieldmaster Pump Rifle
Norinco EM–321 Pump Rifle
Rossi Model 62 SA Pump Rifle
Rossi Model 62 SAC Carbine
Winchester Model 9422 Lever-Action Rifle
Winchester Model 9422 Magnum Lever-Action Rifle
Rimfire Rifles—Bolt Actions & Single Shots
Anschutz Achiever Bolt-Action Rifle
Anschutz 1416D/1516D Classic Rifles
Anschutz 1418D/1518D Mannlicher rifles
Anschutz 1700D Classic Rifles
Anschutz 1700D Custom Rifles
Anschutz 1700 FWT Bolt-Action Rifle
Anschutz 1700D Graphite Custom Rifle
Anschutz 1700D Bavarian Bolt-Action Rifle
Armscor Model 14P Bolt-Action Rifle
Armscor Model 1500 Rifle
BRNO ZKM–452 Deluxe Bolt-Action Rifle
BRNO ZKM 452 Deluxe
Beeman/HW 60–J–ST Bolt-Action Rifle
Browning A-Bolt 22 Bolt-Action Rifle
Browning A-Bolt Gold Medallion
Cabanas Phaser Rifle
Cabanas Master Bolt-Action Rifle
Cabanas Espronceda IV Bolt-Action Rifle
Cabanas Leyre Bolt-Action Rifle
Chipmunk Single Shot Rifle
Cooper Arms Model 36S Sporter Rifle
Dakota 22 Sporter Bolt-Action Rifle
Krico Model 300 Bolt-Action Rifles
Lakefield Arms Mark II Bolt-Action Rifle
Lakefield Arms Mark I Bolt-Action Rifle
Magtech Model MT–22C Bolt-Action Rifle
Marlin Model 880 Bolt-Action Rifle
Marlin Model 881 Bolt-Action Rifle
Marlin Model 882 Bolt-Action Rifle
Marlin Model 883 Bolt-Action Rifle
Marlin Model 883SS Bolt-Action Rifle
Marlin Model 25MN Bolt-Action Rifle
Marlin Model 25N Bolt-Action Repeater
Marlin Model 15YN ‘‘Little Buckaroo’’
Mauser Model 107 Bolt-Action Rifle
Mauser Model 201 Bolt-Action Rifle
Navy Arms TU–KKW Training Rifle
Navy Arms TU–33/40 Carbine
Navy Arms TU–KKW Sniper Trainer
Norinco JW–27 Bolt-Action Rifle
Norinco JW–15 Bolt-Action Rifle
Remington 541–T
Remington 40–XR Rimfire Custom sporter
Remington 541–T HB Bolt-Action Rifle
Remington 581–S Sportsman Rifle
Ruger 77/22 Rimfire Bolt-Action Rifle
Ruger K77/22 Varmint Rifle
Ultra Light arms Model 20 RF Bolt-Action Rifle
Winchester Model 52B Sporting Rifle
Competition Rifles—Centerfire & Rimfire
Anschutz 64–MS Left Silhouette
Anschutz 1808D RT Super Match 54 Target
Anschutz 1827B Biathlon Rifle
Anschutz 1903D Match Rifle
Anschutz 1803D Itermediate Match
Anschutz 1911 Match Rifle
Beretta A–303 Auto Shotgun
Beretta 390 Field Auto Shotgun
Beretta 390 Super Trap, Super Skeet Shotguns
Beretta Vittoria Auto Shotgun
Beretta Model 1201F Auto Shotgun
Browning BSA 10 Auto Shotgun
Browning BSA 10 Stalker Auto Shotgun
Browning A–500R Auto Shotgun
Browning A–500G Auto Shotgun
Browning A–500G Sporting Clays
Browning Auto-5 Light 12 and 20
Browning Auto-5 Stalker
Browning Auto-5 Magnum 20
Browning Auto-5 Magnum 12
Churchill Turkey Automatic Shotgun
Cosmi Automatic Shotgun
Maverick Model 60 Auto Shotgun
Mossberg Model 5500 Shotgun
Mossberg Model 9200 Regal Semi-Auto Shotgun
Mossberg Model 9200 USST Auto Shotgun
Mossberg Model 9200 Camo Shotgun
Mossberg Model 6000 Auto Shotgun
Remington Model 1100 Shotgun
Remington 11–87 Premier Shotgun
Remington 11–87 Sporting Clays
Remington 11–87 Premier Skeet
Remington 11–87 Premier Trap
Remington 11–87 Special Purpose Magnum
Remington 11–87 SPS–T Camo Auto Shotgun
Remington 11–87 Special Purpose Deer Gun
Remington 11–87 SPS–BG-Camo Deer/Turkey Shotgun
Remington 11–87 SPS-Deer Shotgun
Remington 11–87 Special Purpose Synthetic Camo
Remington SP–10 Magnum-Camo Auto Shotgun
Remington SP–10 Magnum Auto Shotgun
Remington SP–10 Magnum Turkey Combo
Remington 1100 LT–20 Auto
Remington 1100 Special Field
Remington 1100 20-Gauge Deer Gun
Remington 1100 LT–20 Tournament Skeet
Winchester Model 1400 Semi-Auto Shotgun
Shotguns—Slide Actions
Browning Model 42 Pump Shotgun
Browning BPS Pump Shotgun
Browning BPS Stalker Pump Shotgun
Browning BPS Pigeon Grade Pump Shotgun
Browning BPS Pump Shotgun (Ladies and Youth Model)
Browning BPS Game Gun Turkey Special
Browning BPS Game Gun Deer Special
Ithaca Model 87 Supreme Pump Shotgun
Ithaca Model 87 Deerslayer Shotgun
Ithaca Deerslayer II Rifled Shotgun
Ithaca Model 87 Turkey Gun
Piotti Piuma Side-by-Side
Precision Sports Model 600 Series Doubles
Rizzini Boxlock Side-by-Side
Rizzini Sidelock Side-by-Side
Stoeger/IGA Uplander Side-by-Side Shotgun
Ugartechea 10-Ga. Magnum Shotgun
Shotguns—Bolt Actions & Single Shots
Armsport Single Barrel Shotgun
Browning BT–99 Competition Trap Special
Browning BT–99 Plus Trap Gun
Browning BT–99 Plus Micro
Browning Recoilless Trap Shotgun
Browning Micro Recoilless Trap Shotgun
Desert Industries Big Twenty Shotgun
Harrington & Richardson Topper Model 098
Harrington & Richardson Topper Classic Youth Shotgun
Harrington & Richardson N.W.T.F. Turkey Mag
Harrington & Richardson Topper Deluxe Model 098
Krieghoff KS–5 Trap Gun
Krieghoff KS–5 Special
Krieghoff K–80 Single Barrel Trap Gun
Ljutic Mono Gun Single Barrel
Ljutic LTX Super Deluxe Mono Gun
Ljutic Recoilless Space Gun Shotgun
Marlin Model 55 Goose Gun Bolt Action
New England Firearms Turkey and Goose Gun
New England Firearms N.W.T.F. Shotgun
New England Firearms Tracker Slug Gun
New England Firearms Standard Pardner
New England Firearms Survival Gun
Perazzi TM1 Special Single Trap
Remington 90–T Super Single Shotgun
Snake Charmer II Shotgun
Stoeger/IGA Reuna Single Barrel Shotgun
Thompson/Center TCR ’87 Hunter Shotgun.’’.
(c) REGISTRATION OF FUTURE TRANSFERS OF PRO-
HIBITED WEAPONS.—Section 5845(a) of the Internal
Revenue Code of 1986 is amended in the first sentence—
(1) by striking ‘‘and’’ at the end of paragraph
(7); and
(2) by striking the period at the end of para-
graph (8) and inserting ‘‘; and (9) a prohibited
weapon (as defined in section 921 of title 18, United
States Code).’’.
(d) IDENTIFICATION MARKING.—Section 923(i) of
title 18, United States Code, is amended by adding at the
end the following new sentence: ‘‘The serial number of any
prohibited weapon manufactured after the date of enact-
ment of this section shall clearly show the date on which
the weapon was manufactured.’’.
(e) PENALTY.—
(1) VIOLATION
OF
SECTION
922(2).—Section
924(a)(1)(B) of title 18, United States Code, as
amended by section 308(b), is amended by striking
‘‘or (y)’’ and inserting ‘‘(y), or (z)’’.
(2) USE OR POSSESSION DURING CRIME OF VIO-
LENCE
OR
DRUG
TRAFFICKING
CRIME.—Section
924(c)(1) of title 18, United States Code, is amend-
ed in the first sentence by inserting ‘‘, or semiauto-
matic assault weapon’’ after ‘‘short-barreled shot-
gun,’’.
SEC. 402. FIREARMS AND CHILD SAFETY.
(a) UNLAWFUL ACT.—Section 922 of title 18, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(aa)(1) It shall be unlawful for a person to manufac-
ture or import a firearm that does not have as an integral
part a device or devices that—
‘‘(A) prevent a child of less than 7 years of age
from discharging the firearm by reason of the
amount of strength, dexterity, cognitive skill, or
other ability required to cause a discharge;
‘‘(B) prevent a firearm that has a removable
magazine from discharging when the magazine has
been removed; and
‘‘(C) in the case of a handgun other than a re-
volver, clearly indicate whether the magazine or
chamber contains a round of ammunition.
‘‘(2) Paragraph (1) does not apply with respect to
the manufacture or importation by or for the United
States or a department or agency thereof or a State or
a department, agency, or political subdivision thereof.’’.
(b) PENALTY.—Section 924(a)(5) of title 18, United
States Code, as amended by section 204(c), is amended
by striking ‘‘or (x)’’ and inserting ‘‘(x), or (aa)’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall become effective on the date that is 1
year after the date of enactment of this Act.
SEC. 403. INCREASED TAX ON HANDGUNS AND HANDGUN
AMMUNITION.
(a) INCREASED TAX.—Section 4181 of the Internal
Revenue Code of 1986 (relating to imposition of tax on
firearms) is amended—
(1) by striking ‘‘10 percent’’ and inserting ‘‘30
percent’’;
(2) by striking ‘‘Shells, and cartridges’’ and in-
serting ‘‘ammunition other than handgun ammuni-
tion (as defined in section 921 of title 18, United
States Code)’’; and
(3) by inserting at the end the following:
‘‘ARTICLES TAXABLE AT 50 PERCENT
‘‘Any handgun ammunition (as defined in section 921
of title 18, United States Code).’’.
(b) TAXES ON HANDGUNS AND HANDGUN AMMUNI-
TION TO HEALTH CARE TRUST FUND.—Subchapter A of
chapter 98 of the Internal Revenue Code of 1986 (relating
to trust fund code) is amended by adding at the end the
following new section:
‘‘SEC. 9512. HEALTH CARE TRUST FUND.
‘‘(a) ESTABLISHMENT OF THE TRUST FUND.—There
is established in the Treasury of the United States a trust
fund to be known as the ‘Health Care Trust Fund’, con-
sisting of such amounts as may be appropriated or cred-
ited to such Trust Fund as provided in this section.
‘‘(b) TRANSFERS TO THE FUND.—There are hereby
appropriated to the Health Care Trust Fund amounts
equivalent to the taxes received in the Treasury under sec-
tion 4181 which are attributable to the tax on articles sub-
ject to the 30-percent and 50-percent tax rates.
‘‘(c) EXPENDITURES FROM
THE TRUST FUND.—
Funds in the Health Care Trust Fund shall be available,
as provided in appropriations Acts, only for the purpose
of making grants to assist hospitals, trauma centers or
other health care providers that have incurred substantial
uncompensated costs in providing medical care to gunshot
victims except that no single hospital, trauma center or
health care provider may receive more than 1 percent of
the funds appropriated under this section.
‘‘(d) ELIGIBILITY FOR TRUST FUND MONEYS.—A
hospital, trauma center or other health care provider is
eligible to apply for grants from the Trust Fund for any
calendar year if the hospital, trauma center or health care
provider—
‘‘(1) is in compliance with Federal and State
certification and licensing requirements;
‘‘(2) is a not-for-profit entity; and
‘‘(3) has incurred substantial uncompensated
costs during the previous calendar year in providing
medical care to gunshot victims.
‘‘(e) REGULATIONS FOR TRUST FUND.—The Sec-
retary shall, not later than 60 days after the date of enact-
ment of this section and in consultation with the Secretary
of Health and Human Services, issue such regulations as
are necessary to implement the provisions of this section.’’.
(c) TECHNICAL AMENDMENT.—The table of sections
for subchapter A of chapter 98 of the Internal Revenue
Code of 1986 is amended by adding at the end the follow-
ing new item:
‘‘Sec. 9512. Health Care Trust Fund.’’.
TITLE V—GUN EXCHANGE TAX
INCENTIVES
SEC. 501. MODIFICATIONS TO CERTAIN LIMITATIONS ON
CHARITABLE DEDUCTION.
(a) GENERAL RULE.—Subsection (e) of section 170
of the Internal Revenue Code of 1986 (relating to certain
contributions of ordinary income and capital gain prop-
erty) is amended by adding at the end the following new
paragraph:
‘‘(6) SPECIAL RULES FOR GUN EXCHANGE PRO-
GRAM CONTRIBUTIONS.—
‘‘(A) DEDUCTION
ALLOWED
FOR
FULL
MARKET
VALUE.—The deduction under sub-
section (a) for any qualified gun exchange pro-
gram contribution shall be an amount equal to
its fair market value and no reduction under