I
105TH CONGRESS
1ST SESSION
H.R. 2359
To require the Secretary of the Treasury, acting through the Director of
the Bureau of Alcohol, Tobacco, and Firearms, to issue minimum safety
and security standards for dealers of firearms.
IN THE HOUSE OF REPRESENTATIVES
JULY 31, 1997
Mr. ROTHMAN (for himself, Mrs. LOWEY, Mrs. ROUKEMA, Mr. YATES, Mr.
DELLUMS, Mr. STARK, Mr. FILNER, and Mr. WEXLER) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
To require the Secretary of the Treasury, acting through
the Director of the Bureau of Alcohol, Tobacco, and
Firearms, to issue minimum safety and security stand-
ards for dealers of 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 ‘‘Gun Shop Safety Act
of 1997’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) crimes committed with firearms threaten
the peace and domestic tranquility of the United
States and reduce the security and general welfare
of the Nation and its people;
(2) crimes committed with firearms impose a
substantial burden on interstate commerce and lead
to a reduction in productivity and profitability for
business around the Nation whose workers, suppli-
ers, and customers are adversely affected by gun vio-
lence;
(3) all stolen firearms are available to criminals
by definition;
(4) licensed gun dealers have reported nearly
30,000 firearms stolen from their shops since 1994,
when a Federal law was enacted requiring the re-
porting of such thefts;
(5) between 10 and 32 percent of firearms used
in the commission of a crime are obtained directly
through theft, while an approximately equal number
of firearms used in the commission of a crime have
been stolen at some point before ultimately being
used in the commission a crime; and
(6) all Americans have a right to be protected
from crime and violence from stolen firearms,
regardless of their State of residence.
SEC. 3. MINIMUM SAFETY AND SECURITY STANDARDS FOR
GUN SHOPS.
(a) IN GENERAL.—Section 923 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(m) SAFETY AND SECURITY STANDARDS FOR GUN
SHOPS.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of enactment of the Gun Shop Safety Act
of 1997, the Secretary of the Treasury, acting
through the Director of the Bureau of Alcohol, To-
bacco, and Firearms, shall issue final regulations
that establish minimum firearm safety and security
standards that shall apply to dealers who are issued
a license under this section.
‘‘(2) MINIMUM
STANDARDS.—The regulations
issued under this subsection shall include minimum
safety and security standards for—
‘‘(A) a place of business in which a dealer
covered by the regulations conducts business or
stores firearms;
‘‘(B) windows, the front door, storage
rooms, containers, alarms, and other items of a
place of business referred to in subparagraph
(A) that the Secretary of the Treasury, acting
through the Director of the Bureau of Alcohol,
Tobacco and Firearms, determines to be appro-
priate; and
‘‘(C) the storage and handling of the fire-
arms contained in a place of business referred
to in subparagraph (A).’’.
(b) INSPECTIONS.—Section 923(g)(1) of title 18,
United States Code, is amended—
(1) in subparagraph (A)—
(A) in clause (i), by striking ‘‘, and’’ and
inserting a semicolon;
(B) in clause (ii), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(iii) with respect the place of business of a li-
censed dealer, the safety and security measures
taken by the dealer to ensure compliance with the
regulations issued under subsection (m).’’; and
(2) in subparagraph (B)—
(A) in the matter preceding clause (i), by
inserting ‘‘and the place of business of a li-
censed dealer’’ after ‘‘licensed dealer’’;
(B) in clause (ii), by striking ‘‘or’’ at the
end;
(C) in clause (iii), by striking the period at
the end and inserting ‘‘; or’’; and
(D) by adding at the end the following:
‘‘(iv) not more than once during any 12-month
period, for ensuring compliance by a licensed dealer
with the regulations issued under subsection (m).’’.
(c) PENALTIES.—Section 924(a)(1) of title 18,
United States Code, is amended—
(1) in subparagraph (C), by striking ‘‘or’’ at
the end;
(2) by redesignating subparagraph (D) as sub-
paragraph (E); and
(3) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) being a licensed dealer, knowingly
fails to comply with any applicable regulation
issued under section 923(m); and’’.
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