‘‘(C) is in such form as the Secretary shall by
regulation prescribe.
‘‘(2)(A) The Secretary shall approve an application
submitted pursuant to paragraph (1) which meets the re-
quirements of paragraph (1). On approval of the applica-
tion and payment by the applicant of a fee of $100 for
3 years, and upon renewal of valid registration a fee of
$50 for 3 years, the Secretary shall issue to the applicant
an instant check registration, and advise the Attorney
General of the United States of the same, which entitles
the registrant to contact the national instant criminal
background check system established under section 103
of the Brady Handgun Violence Prevention Act for infor-
mation about any individual desiring to obtain a firearm
at a gun show from any transferor who has requested the
assistance of the registrant in complying with subsection
(c) with respect to the transfer of the firearm, and receive
information from the system regarding the individual, dur-
ing the 3-year period that begins with the date the reg-
istration is issued.
‘‘(B) The Secretary shall approve or deny an applica-
tion submitted pursuant to paragraph (1) within 60 days
after the Secretary receives the application. If the Sec-
retary fails to so act within such period, the applicant may
bring an action under section 1361 of title 28 to compel
the Secretary to so act.
‘‘(3) An instant check registrant shall keep all
records or documents which the registrant collects pursu-
ant to this section during a gun show at a premises, or
a portion thereof designated by the registrant, that is open
for inspection by the Secretary. The Secretary shall estab-
lish by regulation the procedure for the inspection, at a
premises or a gun show, of the records required to be kept
under this section in a manner for a registrant that is
identical to the same procedural rights and protections
specified for a licensee under subsections (g)(1)(A),
(g)(1)(B), and (j) of section 923. An instant check reg-
istrant shall remit to the Secretary all records required
to be kept by the registrant under this subsection when
the registration is no longer valid, has expired, or has been
revoked.
‘‘(4)(A) This subsection shall not be construed—
‘‘(i) as creating a cause of action against any
instant check registrant or any other person, includ-
ing the transferor, for any civil liability; or
‘‘(ii) as establishing any standard of care.
‘‘(B) Notwithstanding any other provision of law, ex-
cept to give effect to subparagraph (C), evidence regarding
the use or nonuse by a transferor of the services of an
instant check registrant under this section shall not be ad-
missible as evidence in any proceeding of any court, agen-
cy, board, or other entity for the purposes of establishing
liability based on a civil action brought on any theory for
harm caused by a product or by negligence.
‘‘(C)(i) Notwithstanding any other provision of law,
a person who is—
‘‘(I) an instant check registrant who assists in
having a background check performed in accordance
with this section;
‘‘(II) a licensee who acquires a firearm at a gun
show from a nonlicensee, for transfer to another
nonlicensee in attendance at the show, for the pur-
pose of effectuating a sale, trade, or transfer be-
tween the 2 nonlicensees, all in the manner pre-
scribed for the acquisition and disposition of fire-
arms under this chapter; or
‘‘(III) a nonlicensee disposing of a firearm, who
utilizes the services of an instant check registrant
pursuant to subclause (I) or a licensee pursuant to
subclause (II),
shall be entitled to immunity from a civil liability action
as described in this subparagraph.
‘‘(ii) A qualified civil liability action may not be
brought in any Federal or State court. The term ‘qualified
civil liability action’ means a civil action brought by any
person against a person described in clause (i) for dam-
ages resulting from the criminal or unlawful misuse of the
firearm by the transferee or a third party, but shall not
include an action—
‘‘(I) brought against a transferor convicted
under section 924(h), or a comparable or identical
State felony law, by a party directly harmed by the
transferee’s criminal conduct, as defined in section
924(h); or
‘‘(II) brought against a transferor for negligent
entrustment or negligence per se.
‘‘(4) A registration issued under this subsection may
be revoked pursuant to the procedures provided for license
revocations under section 923.
‘‘(b) It shall be unlawful for any person to organize
or conduct a gun show unless the person—
‘‘(1) registers with the Secretary in accordance
with regulations promulgated by the Secretary,
which shall not require the payment of any fee for
such registration;
‘‘(2) before commencement of the gun show,
records and verifies the identity of each individual
who is to be a gun show vendor at the gun show by
examining, but not retaining a copy of, a valid iden-
tification 
document 
(as 
defined 
in 
section
1028(d)(1)) of the individual containing a photo-
graph of the individual; and
‘‘(3) maintains a copy of the records described
in paragraph (2) at the permanent place of business
of the gun show organizer for such period of time
and in such form as the Secretary shall require by
regulation.
‘‘(c)(1) If, at a gun show or the curtilage area of a
gun show, a person who is not licensed under section 923
makes an offer to another person who is not licensed
under section 923 to sell, transfer, or exchange a firearm
that is accessible to the person at the gun show or in the
curtilage area of the gun show, and such other person,
at the gun show or the curtilage area of the gun show,
indicates a willingness to accept the offer, it shall be un-
lawful for the person to subsequently transfer the firearm
to such other person, unless—
‘‘(A) the firearm is transferred through a li-
censed importer, licensed manufacturer, or licensed
dealer in accordance with paragraph (2)(B) and oth-
erwise in accordance with law; or
‘‘(B)(i) before the completion of the transfer,
an instant check registrant contacts the national in-
stant criminal background check system established
under section 103 of the Brady Handgun Violence
Prevention Act;
‘‘(ii)(I) the system provides the registrant with
a unique identification number; or
‘‘(II) 72 hours have elapsed since the registrant
contacted the system, and the system has not noti-
fied the registrant that the receipt of a firearm by
such other person would violate subsection (g) or (n)
of section 922; and
‘‘(iii) the registrant notifies the person that the
registrant has complied with clauses (i) and (ii), or
of any receipt by the registrant of a notification
from the national instant criminal background check
system established under section 103 of the Brady
Handgun Violence Prevention Act that the transfer
would violate section 922 or State law; and
‘‘(iv) the transferor and the registrant have
verified the identity of the transferee by examining
a valid identification document (as defined in section
1028(d)(1) of this title) of the transferee containing
a photograph of the transferee.
‘‘(2)(A) The rules of paragraphs (2), (3), and (4) of
section 922(t) shall apply to firearms transfers assisted
by instant check registrants under this section in the same
manner in which such rules apply to firearms transfers
made by licensees.
‘‘(B)(i) For purposes of section 922(t)(1)(B)(ii), the
time period that shall apply to the transfer of a firearm
as described in paragraph (1) of this subsection shall be
72 hours.
‘‘(ii) The licensee or registrant may personally deliver
or ship the firearm to the prospective transferee in accord-
ance with clause (iii) if the gun show has terminated,
and—
‘‘(I)(aa) 72 consecutive hours has elapsed since
the licensee or registrant contacted the system from
the gun show and the licensee or registrant has not
received notification from the system that receipt of
a firearm by the prospective transferee would violate
subsection (g) or (n) of section 922 or State law; or
‘‘(bb) the licensee or registrant has received no-
tification from the system that receipt of a firearm
by the prospective transferee would not violate sub-
section (g) or (n) of section 922 or State law; and
‘‘(II) State and local law would have permitted
the licensee or registrant to immediately deliver the
firearm to the prospective transferee if the condi-
tions described in item (aa) or (bb) had occurred
during the gun show.
(2) PENALTIES.—Section 924(a) of such title is
amended by adding at the end the following:
‘‘(7)(A) Whoever knowingly violates subsection (b),
(c)(1), or (c)(2) of section 931 shall be—
‘‘(i) fined under this title, imprisoned not more
than 1 years, or both; or
‘‘(ii) in the case of a second or subsequent con-
viction of such a violation, fined under this title, im-
prisoned not more than 5 years, or both.
‘‘(B) Whoever knowingly violates subsection (c)(3) or
(d) of section 931 shall be fined under this title, impris-
oned not more than 3 years, or both.
‘‘(C) In addition to any other penalties imposed
under this paragraph, the Secretary may, with respect to
any person who knowingly violates subsection (b), (c), or
(d) of section 931—
‘‘(i) impose a civil fine in an amount equal to
not more than $2,500; and
‘‘(ii) if the person is registered pursuant to sec-
tion 931(a), after notice and opportunity for a hear-
ing, suspend for not more than 6 months or revoke
the registration of that person under section
931(a).’’.
(3) CONFORMING AMENDMENT.—Section 923(j)
of such title is amended in the first sentence by
striking ‘‘or event’’ and all that follows through
‘‘community’’.
(4) CLERICAL AMENDMENT.—The section anal-
ysis for chapter 44 of such title is amended by add-
ing at the end the following:
‘‘931. Regulation of firearms transfers at gun shows.’’.
(d) INSPECTION AUTHORITY.—Section 923(g)(1) of
such title is amended by adding at the end the following:
‘‘(E) The Secretary may enter during business hours
the place of business of any gun show organizer and any
place where a gun show is held, without such reasonable
cause or warrant, for the purpose of inspecting or exam-
ining the records required by section 923 or 931 and the
inventory of licensees conducting business at the gun show
in the course of a reasonable inquiry during the course
of a criminal investigation of a person or persons other
than the organizer or licensee or when such examination
may be required for determining the disposition of one or
more particular firearms in the course of a bona fide
criminal investigation.’’.
(e) INCREASED PENALTIES FOR SERIOUS RECORD-
KEEPING VIOLATIONS BY LICENSEES.—Section 924(a)(3)
of such title is amended to read as follows:
‘‘(3)(A) Except as provided in subparagraph (B), any
licensed dealer, licensed importer, licensed manufacturer,
or licensed collector who knowingly makes any false state-
ment or representation with respect to the information re-
quired by this chapter to be kept in the records of a person
licensed under this chapter, or violates section 922(m)
shall be fined under this title, imprisoned not more than
1 year, or both.
‘‘(B) If the violation described in subparagraph (A)
is in relation to an offense—
‘‘(i) under paragraph (1) or (3) of section
922(b), such person shall be fined under this title,
imprisoned not more than 5 years, or both; or
‘‘(ii) under subsection (a)(6) or (d) of section
922, such person shall be fined under this title, im-
prisoned not more than 10 years, or both.’’.
(f) INCREASED PENALTIES
FOR VIOLATIONS
OF
CRIMINAL BACKGROUND CHECK REQUIREMENTS.—
(1) PENALTIES.—Section 924(a) of such title is
amended—
(A) in paragraph (5), by striking ‘‘sub-
section (s) or (t) of section 922’’ and inserting
‘‘section 922(s)’’; and
(B) by adding at the end the following:
‘‘(8)(A) Whoever knowingly violates section 922(t)
shall be fined under this title, imprisoned not more than
3 years, or both.
‘‘(B) In the case of a second or subsequent con-
viction under this paragraph, the person shall be
fined under this title, imprisoned not more than 5
years, or both.’’.
(2) ELIMINATION OF CERTAIN ELEMENTS OF
OFFENSE.—Section 922(t)(5) of such title is amend-
ed by striking ‘‘and, at the time’’ and all that fol-
lows through ‘‘State law’’.
(g) EFFECTIVE DATE.—The amendments made by
this section shall take effect 180 days after the date of
enactment of this Act.]
SEC. 402. INSTANT CHECK GUN TAX AND GUN OWNER PRI-
VACY.
(a) PROHIBITION ON GUN TAX.—
(1) IN
GENERAL.—Chapter 33 of title 28,
United States Code, is amended by adding at the
end the following:
‘‘§ 540B. Ban against fee for background check in
connection with firearm transfer
‘‘No officer, employee, or agent of the United States,
including a State or local officer or employee acting on
behalf of the United States, may charge or collect any fee
in connection with any background check required in con-
nection with the transfer of a firearm (as defined in sec-
tion 921(a)(3) of title 18).’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—The section analysis for chapter 33 of title
28, United States Code, is amended by inserting
after the item relating to section 540A the following:
‘‘540B. Ban against fee for background check in connection with firearm trans-
fer.’’.
(b) PROTECTION
OF GUN OWNER PRIVACY
AND
OWNERSHIP RIGHTS.—
(1) IN
GENERAL.—Chapter 44 of title 18,
United States Code, is amended by adding at the
end the following:
‘‘§ 932. Gun owner privacy and ownership rights
‘‘Notwithstanding any other provision of law, no de-
partment, agency, or instrumentality of the United States
or officer, employee, or agent of the United States, includ-
ing a State or local officer or employee acting on behalf
of the United States—
‘‘(1) shall perform any national instant criminal
background check on any person through the system
established pursuant to section 103 of the Brady
Handgun Violence Prevention Act (18 U.S.C. 922
note) (referred to in this section as the ‘‘system’’) if
that system does not require and result in the imme-
diate destruction of all information, in any form
whatsoever or through any medium, about such per-
son who is determined, through the use of the sys-
tem, not to be prohibited by subsection (g) or (h) of
section 922 of title 18, United States Code, or by
State law, from receiving a firearm, except that this
subsection shall not apply to the retention or trans-
fer of information relating to—
‘‘(A) any unique identification number pro-
vided by the national instant criminal back-
ground check system pursuant to section
922(t)(1)(B)(i) of title 18, United States Code;
or
‘‘(B) the date on which that number is
provided; or
‘‘(2) shall continue to operate the system (in-
cluding requiring a background check before the
transfer of a firearm) unless—
‘‘(A) the ‘NICS Index’ complies with the
requirements of section 552a(e)(5) of title 5,
United States Code; and
‘‘(B) the agency responsible for the system
and the system’s compliance with Federal law
does not invoke the exceptions under sub-
sections (j)(2), (k)(2), and (k)(3) of section
552a of title 5, United States Code, except if
specifically identifiable information is compiled
for a particular law enforcement investigation
or specific criminal enforcement matter.’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—The section analysis for chapter 44 of title
18, United States Code, is further amended by add-
ing at the end the following:
‘‘932. Gun owner privacy and ownership rights.’’.
(c) CIVIL REMEDIES.—Any person aggrieved by a
violation of section 540B of title 28, or 931 of title 18,
United States Code, as added by this section, may bring
an action in the district court of the United States for
the district in which the person resides. Any person who
is successful with respect to any such action shall receive
actual damages, punitive damages, and such other rem-
edies as the court may determine to be appropriate, in-
cluding a reasonable attorney’s fee.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of enactment of
this Act, except that the amendments made by subsection
(a) shall take effect as of October 1, 1998.
SEC. 403. PROHIBITION ON FIREARMS POSSESSION BY VIO-
LENT JUVENILE OFFENDERS.
(a) DEFINITION.—Section 921(a)(20) of title 18,
United States Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(20)’’;
(2) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
(3) by inserting after subparagraph (A) the fol-
lowing:
‘‘(B) For purposes of subsections (d) and (g) of sec-
tion 922, the term ‘adjudicated to have committed an act
of violent juvenile delinquency’ means an adjudication of
delinquency in Federal or State court, based on a finding
of the commission of an act by a person prior to his or
her eighteenth birthday that, if committed by an adult,
would be a serious or violent felony (as defined in section
3559(c)(2)(F)(i)) had Federal jurisdiction existed and
been exercised.’’; and
(4) in the undesignated paragraph following
subparagraph (B) (as added by paragraph (3) of
this subsection), by striking ‘‘What constitutes’’ and
all that follows through ‘‘this chapter,’’ and inserting
the following:
‘‘(C) What constitutes a conviction of such a crime
or an adjudication of an act of violent juvenile delinquency
shall be determined in accordance with the law of the ju-
risdiction in which the proceedings were held. Any State
conviction or adjudication of an act of violent juvenile de-
linquency that has been expunged or set aside, or for
which a person has been pardoned or has had civil rights
restored, by the jurisdiction in which the conviction or ad-
judication of an act of violent juvenile delinquency oc-
curred shall not be considered to be a conviction or adju-
dication of an act of violent juvenile delinquency for pur-
poses of this chapter,’’.
(b) PROHIBITION.—Section 922 of title 18, United
States Code, is amended—
(1) in subsection (d)—
(A) in paragraph (8), by striking ‘‘or’’ at
the end;
(B) in paragraph (9), by striking the pe-
riod at the end and inserting ‘‘; or’’; and
(C) by inserting after paragraph (9) the
following:
‘‘(10) has been adjudicated to have committed
an act of violent juvenile delinquency.’’; and
(2) in subsection (g)—
(A) in paragraph (8), by striking ‘‘or’’ at
the end;
(B) in paragraph (9), by striking the
comma at the end and inserting ‘‘; or’’; and
(C) by inserting after paragraph (9) the
following:
‘‘(10) who has been adjudicated to have com-
mitted an act of violent juvenile delinquency,’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall only apply to an act of violent juvenile
delinquency that occurs 180 days or more after the date
of the enactment of this Act.
SEC. 404. CRIMINAL PROHIBITION ON DISTRIBUTION OF
CERTAIN INFORMATION RELATING TO EX-
PLOSIVES, 
DESTRUCTIVE 
DEVICES, 
AND
WEAPONS OF MASS DESTRUCTION.
(a) UNLAWFUL CONDUCT.—Section 842 of title 18,
United States Code, is amended by adding at the end the
following:
‘‘(p)(1) For purposes of this subsection:
‘‘(A) The term ‘destructive device’ has the same
meaning as in section 921(a)(4).
‘‘(B) The term ‘explosive’ has the same mean-
ing as in section 844(j).
‘‘(C) The term ‘weapon of mass destruction’
has the same meaning as in section 2332a(c)(2).
‘‘(2) It shall be unlawful for any person—
‘‘(A) to teach or demonstrate the making or use
of an explosive, a destructive device, or a weapon of
mass destruction, or to distribute by any means in-
formation pertaining to, in whole or in part, the
manufacture or use of an explosive, destructive de-
vice, or weapon of mass destruction, with the intent
that the teaching, demonstration, or information be
used for, or in furtherance of, an activity that con-
stitutes a Federal crime of violence; or
‘‘(B) to teach or demonstrate to any person the
making or use of an explosive, a destructive device,
or a weapon of mass destruction, or to distribute to
any person, by any means, information pertaining
to, in whole or in part, the manufacture or use of
an explosive, destructive device, or weapon of mass
destruction, knowing that such person intends to use
the teaching, demonstration, or information for, or
in furtherance of, an activity that constitutes a Fed-
eral crime of violence.’’.
(b) PENALTIES.—Section 844 of title 18, United
States Code, is amended—
(1) in subsection (a), by striking ‘‘person who
violates any of subsections’’ and inserting the fol-
lowing: ‘‘person who—
‘‘(1) violates any of subsections’’;
(2) by striking the period and inserting ‘‘;
and’’;
(3) by adding at the end the following:
‘‘(2) violates section 842(p)(2), shall be fined
under this title, imprisoned not more than 20 years,
or both.’’; and
(4) in subsection (j), by inserting ‘‘and section
842(p),’’ after ‘‘this section,’’.
SEC. 405. REQUIRING THEFTS FROM COMMON CARRIERS
TO BE REPORTED.
(a) Section 922(f) of title 18, United States Code,
is amended by adding at the end the following:
‘‘(3)(A) It shall be unlawful for any common or con-
tract carrier to fail to report the theft or loss of a firearm
within 48 hours after the theft or loss is discovered. The
theft or loss shall be reported to the Secretary and to the
appropriate local authorities.
‘‘(B) The Secretary may impose a civil fine of not
more than $10,000 on any person who knowingly violates
subparagraph (A).’’.
(b) Section 924(a)(1)(B) of title 18, United States
Code, is amended by striking ‘‘(f),’’ and inserting ‘‘(f)(1),
(f)(2),’’.
SEC. 406. VOLUNTARY SUBMISSION OF DEALER’S RECORDS.
Section 923(g)(4) of title 18, United States Code, is
amended to read as follows:
‘‘(4) Where a firearms or ammunition business is dis-
continued and succeeded by a new licensee, the records
required to be kept by this chapter shall appropriately re-
flect such facts and shall be delivered to the successor.
Upon receipt of such records the successor licensee may
retain the records of the discontinued business or submit
the discontinued business records to the Secretary. Addi-
tionally, a licensee while maintaining a firearms business
may voluntarily submit the records required to be kept by
this chapter to the Secretary if such records are at least
20 years old. Where discontinuance of the business is ab-
solute, such records shall be delivered within thirty days
after the business is discontinued to the Secretary. Where
State law or local ordinance requires the delivery of
records to another responsible authority, the Secretary
may arrange for the delivery of such records to such other
responsible authority.’’.
SEC. 407. GRANT PROGRAM FOR JUVENILE RECORDS.
(a) PROGRAM AUTHORIZATION.—The Attorney Gen-
eral is authorized to provide grants to States to improve
the quality and accessibility of juvenile records and to en-
sure juvenile records are routinely available for back-
ground checks performed in connection with the transfer
of a firearm.
(b) ELIGIBILITY.—
(1) IN GENERAL.—A State that wishes to re-
ceive a grant under this section shall submit an ap-
plication to the Attorney General that meets the re-
quirements of paragraph (2).
(2) ASSURANCE.—The application referred to in
paragraph (1) shall include an assurance that the
State has in place a system of records that ensures
that juvenile records are available for background
checks performed in connection with the transfer of
a firearm, in which such system provides that—
(A) an adjudication of an act of violent ju-
venile 
delinquency 
as 
defined 
in 
section
921(a)(20)(B) is not expunged or set aside
after a juvenile reaches the age of majority; and
(B) such a juvenile record is available and
retained as if it were an adult record.
(c) ALLOCATION.—Of the total funds appropriated
under subsection (e), each State that meets the require-
ments of subsection (b), shall be allocated an amount
which bears the same ratio to the amount of funds so ap-
propriated as the population of individuals under the age
of 18 living in such State for the most recent calendar
year in which such data is available bears to the popu-
lation of such individuals of all the States that meet the
requirements of subsection (b) for such fiscal year.
(d) USES OF FUNDS.—A State that receives a grant
award under this section may use such funds to support
the administrative record system referred to in subsection
(b)(2).
(e) AUTHORIZATION OF APPROPRIATION.—There are
authorized to be appropriated to carry out this section,
$25,000,000 for fiscal year 2000 and such sums as may
be necessary for each of the 4 succeeding fiscal years.
TITLE V—PUNISHING AND DE-
TERRING CRIMINAL USE OF
FIREARMS AND EXPLOSIVES
SEC. 501. MANDATORY MINIMUM SENTENCE FOR DIS-
CHARGING A FIREARM IN A SCHOOL ZONE.
Section 924(a)(4) of title 18, United States Code, is
amended—
(1) by striking ‘‘922(q) shall be fined’’ and in-
serting ‘‘922(q)(2) shall be fined’’; and
(2) by inserting after the first sentence the fol-
lowing: ‘‘Whoever violates section 922(q)(3) with
reckless disregard for the safety of another shall be
fined under this title, imprisoned not more than 20
years, or both, except that if serious bodily injury re-
sults, shall be fined under this title, imprisoned not
more than 25 years, or both, or if death results and
the person has attained 16 years of age but has not
attained 18 years of age, shall be fined under this
title, sentenced to imprisonment for life or for any
term of years, or both, or if death results and the
person has attained 18 years of age, shall be fined
under this title, sentenced to death or to imprison-
ment for any term of years or for life, or both. Who-
ever knowingly violates section 922(q)(3) shall be
fined under this title, imprisoned not less than 10
years and not more than 20 years, or both, except
that if serious bodily injury results, shall be fined
under this title, imprisoned not less than 15 years
and not more than 25 years, or both, or if death re-
sults and the person has attained 16 years of age
but has not attained 18 years of age, shall be fined
under this title, sentenced to imprisonment for life,
or both, or if death results and the person has at-
tained 18 years of age, shall be fined under this
title, sentenced to death or to imprisonment for life,
or both.’’.
SEC. 502. APPREHENSION AND PROCEDURAL TREATMENT
OF ARMED VIOLENT CRIMINALS.
(a) PRETRIAL DETENTION FOR POSSESSION
OF
FIREARMS OR EXPLOSIVES BY CONVICTED FELONS.—
Section 3156(a)(4) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(B);
(2) by striking ‘‘and’’ at the end of subpara-
graph (C) and inserting ‘‘or’’; and
(3) by adding at the end the following:
‘‘(D) an offense that is a violation of sec-
tion 842(i) or 922(g) (relating to possession of
explosives or firearms by convicted felons);
and’’.
(b) FIREARMS POSSESSION BY VIOLENT FELONS
AND SERIOUS DRUG OFFENDERS.—Section 924(a)(2) of
title 18, United States Code, is amended—
(1) by striking ‘‘Whoever’’ and inserting ‘‘(A)
Except as provided in subparagraph (B), any person
who’’; and
(2) by adding at the end the following:
‘‘(B) Notwithstanding any other provision of law, the
court shall not grant a probationary sentence for such a
violation to a person who has more than 1 previous convic-
tion for a violent felony (as defined in subsection
(e)(2)(B)) or a serious drug offense (as defined in sub-
section (e)(2)(A)), committed under different cir-
cumstances.’’.
SEC. 503. INCREASED PENALTIES FOR POSSESSING OR
TRANSFERRING STOLEN FIREARMS.
(a) IN GENERAL.—Section 924 of title 18, United
States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (2), by striking ‘‘(i),
(j),’’; and
(B) by adding at the end the following:
‘‘(8) Whoever knowingly violates subsection (i) or (j)
of section 922 shall be fined under this title, imprisoned
not more than 15 years, or both.’’;
(2) in subsection (i)(1), by striking ‘‘10’’ and
inserting ‘‘15’’; and
(3) in subsection (l), by striking ‘‘10’’ and in-
serting ‘‘15’’.
(b) SENTENCING COMMISSION.—The United States
Sentencing Commission shall amend the Federal sen-
tencing guidelines to reflect the amendments made by sub-
section (a).
SEC. 504. INCREASED MANDATORY MINIMUM PENALTIES
FOR USING A FIREARM TO COMMIT A CRIME
OF VIOLENCE OR DRUG TRAFFICKING CRIME.
Section 924 of title 18, United States Code, is
amended—
(1) in subsection (c)(1)(A)—
(A) in clause (ii), by striking ‘‘and’’ at the
end;
(B) in clause (iii), by striking ‘‘10 years.’’
and inserting ‘‘12 years; and’’; and
(C) by adding at the end the following:
‘‘(iv) if the firearm is used to injure
another person, be sentenced to a term of
imprisonment of not less than 15 years.’’;
and
(2) in subsection (h), by striking ‘‘imprisoned
not more than 10 years’’ and inserting ‘‘imprisoned
not less than 5 years and not more than 10 years’’.
SEC. 505. INCREASED PENALTIES FOR MISREPRESENTED
FIREARMS PURCHASE IN AID OF A SERIOUS
VIOLENT FELONY.
(a) IN GENERAL.—Section 924(a) of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(7)(A) Notwithstanding paragraph (2), whoever
knowingly violates section 922(a)(6) for the purpose of
selling, delivering, or otherwise transferring a firearm,
knowing or having reasonable cause to know that another
person will carry or otherwise possess or discharge or oth-
erwise use the firearm in the commission of a serious vio-
lent felony, shall be—
‘‘(i) fined under this title, imprisoned not more
than 15 years, or both; or
‘‘(ii) imprisoned not less than 10 and not more
than 20 years and fined under this title, if the pro-
curement is for a juvenile.
‘‘(B) For purposes of this paragraph—
‘‘(i) the term ‘juvenile’ has the meaning given
the term in section 922(x); and
‘‘(ii) the term ‘serious violent felony’ has the
meaning given the term in section 3559(c)(2)(F).’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect 180 days after the date of
enactment of this Act.
SEC. 506. INCREASING PENALTIES ON GUN KINGPINS.
(a) INCREASING THE PENALTY FOR ENGAGING IN AN
ILLEGAL FIREARMS BUSINESS.—Section 924(a)(2) of
title 18, United States Code, is amended by inserting ‘‘,
or willfully violates section 922(a)(1),’’ after ‘‘section
922’’.
(b) SENTENCING GUIDELINES INCREASE FOR CER-
TAIN VIOLATIONS AND OFFENSES.—Pursuant to its au-
thority under section 994(p) of title 28, United States
Code, the United States Sentencing Commission shall—
(1) review and amend the Federal sentencing
guidelines to provide an appropriate enhancement
for a violation of section 922(a)(1) of title 18,
United States Code; and
(2) review and amend the Federal sentencing
guidelines to provide additional sentencing increases,
as appropriate, for offenses involving more than 50
firearms.
The Commission shall promulgate the amendments pro-
vided for under this subsection as soon as is practicable
in accordance with the procedure set forth in section 21(a)
of the Sentencing Act of 1987, as though the authority
under that Act had not expired.
SEC. 507. SERIOUS RECORDKEEPING OFFENSES THAT AID
GUN TRAFFICKING.
Section 924(a)(3) of title 18, United States Code, is
amended by striking the period and inserting ‘‘; but if the
violation is in relation to an offense under subsection
(a)(6) or (d) of section 922, shall be fined under this title,
imprisoned not more than 10 years, or both.’’.
SEC. 508. TERMINATION OF FIREARMS DEALER’S LICENSE
UPON FELONY CONVICTION.
Section 925(b) of title 18, United States Code, is
amended by striking ‘‘until any conviction pursuant to the
indictment becomes final’’ and inserting ‘‘until the date
of any conviction pursuant to the indictment’’.
SEC. 509. INCREASED PENALTY FOR TRANSACTIONS IN-
VOLVING FIREARMS WITH OBLITERATED SE-
RIAL NUMBERS.
Section 924(a) of title 18, United States Code, is
amended—
(1) in paragraph (1)(B), by striking ‘‘(k),’’; and
(2) in paragraph (2), by inserting ‘‘(k),’’ after
‘‘(j),’’.
SEC. 510. FORFEITURE FOR GUN TRAFFICKING.
Section 982(a) of title 18, United States Code, is
amended by adding at the end the following:
‘‘(9) The court, in imposing a sentence on a person
convicted of a gun trafficking offense, as defined in section
981(a)(1)(G), or a conspiracy to commit such offense,
shall order the person to forfeit to the United States any
conveyance used or intended to be used to commit such
offense, and any property traceable to such conveyance.’’.
SEC. 511. INCREASED PENALTY FOR FIREARMS CON-
SPIRACY.
Section 924 of title 18, United States Code, is further
amended by adding at the end the following:
‘‘(q) Except as otherwise provided in this section, a
person who conspires to commit an offense defined in this
chapter shall be subject to the same penalties (other than
the penalty of death) as those prescribed for the offense
the commission of which is the object of the conspiracy.’’.
SEC. 512. GUN CONVICTIONS AS PREDICATE CRIMES FOR
ARMED CAREER CRIMINAL ACT.
(a) Section 924(e)(1) of title 18, United States Code,
is amended—
(1) by striking ‘‘violent felony or a serious drug
offense, or both,’’ and inserting ‘‘violent felony, a se-
rious drug offense or a violation of section
922(g)(1), or a combination of such offenses,’’; and
(2) by adding at the end the following: ‘‘No
more than two convictions for violations of section
922(g)(1) shall be considered in determining wheth-
er a person has three previous convictions for pur-
poses of this subsection.’’.
SEC. 513. SERIOUS JUVENILE DRUG TRAFFICKING OF-
FENSES AS ARMED CAREER CRIMINAL ACT
PREDICATES.
Section 924(e)(2)(C) of title 18, United States Code,
is amended by inserting ‘‘or serious drug offense’’ after
‘‘violent felony’’.
SEC. 514. FORFEITURE OF FIREARMS USED IN CRIMES OF
VIOLENCE AND FELONIES.
(a) CRIMINAL FORFEITURE.—Section 982(a) of title
18, United States Code, is further amended by adding at
the end the following:
‘‘(10) The court, in imposing a sentence on a person
convicted of any crime of violence (as defined in section
16 of this title) or any felony under Federal law, shall
order that the person forfeit to the United States any fire-
arm (as defined in section 921(a)(3) of this title) used
or intended to be used to commit or to facilitate the com-
mission of the offense.’’.
(b) DISPOSAL OF PROPERTY.—Section 981(c) of title
18, United States Code, is amended by adding at the end
the following flush sentence:
‘‘Any firearm forfeited pursuant to subsection (a)(1)(H)
of this section or section 982(a)(10) of this title shall be
disposed of by the seizing agency in accordance with law.’’.
(c) AUTHORITY TO FORFEIT PROPERTY UNDER
SECTION 924(d).—Section 924(d) of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(4) Whenever any firearm is subject to forfeiture
under this section, the Secretary of the Treasury shall
have the authority to seize and forfeit, in accordance with
the procedures of the applicable forfeiture statute, any
property otherwise forfeitable under the laws of the United
States that was involved in or derived from the crime of
violence or drug trafficking crime described in subsection
(c) in which the forfeited firearm was used or carried.’’.
(d) 120-DAY RULE
FOR ADMINISTRATIVE FOR-
FEITURE.—Section 924(d)(1) of title 18, United States
Code, is amended by adding ‘‘administrative’’ after ‘‘Any’’
in the last sentence.
(e) SECTION 3665.—Section 3665 of title 18, United
States Code, is amended—
(1) by redesignating the first undesignated
paragraph as subsection (a)(1) and the second un-
designated paragraph as subsection (a)(2); and
(2) by adding at the end the following:
‘‘(b) The forfeiture of property under this section, in-
cluding any seizure and disposition of the property and
any related administrative or judicial proceeding, shall be
governed by the provisions of section 413 of the Com-
prehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853), except for subsection 413(d) which
shall not apply to forfeitures under this section.’’.
SEC. 515. SEPARATE LICENSES FOR GUNSMITHS.
(a) Section 921(a)(11) of title 18, United States
Code, is amended to read as follows:
‘‘(11) The term ‘dealer’ means (A) any person en-
gaged in the business as a firearms dealer, (B) any person
engaged in the business as a gunsmith, or (C) any person
who is a pawnbroker. The term ‘licensed dealer’ means
any dealer who is licensed under the provisions of this
chapter.’’.
(b) Section 921(a) of title 18, United States Code,
is amended by redesignating paragraphs (12) through
(33) as paragraphs (14) through (35), and by inserting
after paragraph (11) the following:
‘‘(12) The term ‘firearms dealer’ means any
person who is engaged in the business of selling fire-
arms at wholesale or retail.
‘‘(13) The term ‘gunsmith’ means any person,
other than a licensed manufacturer, licensed im-
porter, or licensed dealer, who is engaged in the
business of repairing firearms or of making or fit-
ting special barrels, stocks or trigger mechanisms to
firearms.’’.
(c) Section 923(a)(3) of title 18, United States Code
is amended to read as follows:
‘‘(3) If the applicant is a dealer who is—
‘‘(A) a dealer in destructive devices or am-
munition for destructive devices, a fee of $1,000
per year;
‘‘(B) a dealer in firearms who is not a
dealer in destructive devices, a fee of $200 for
3 years, except that the fee for renewal of a
valid license shall be $90 for 3 years; or
‘‘(C) a gunsmith, a fee of $100 for 3
years, except that the fee for renewal of a valid
license shall be $50 for 3 years.’’.
SEC. 516. PERMITS AND BACKGROUND CHECKS FOR PUR-
CHASES OF EXPLOSIVES.
(a) PERMITS
FOR PURCHASE
OF EXPLOSIVES
IN
GENERAL.—Section 842 of title 18, United States Code,
is amended—
(1) by amending subparagraphs (A) and (B) of
subsection (a)(3) to read as follows:
‘‘(A) to transport, ship, cause to be trans-
ported, or receive any explosive materials; or
‘‘(B) to distribute explosive materials to
any person other than a licensee or permittee.’’;
and
(2) in subsection (b)—
(A) by adding ‘‘or’’ at the end of para-
graph (1);
(B) by striking ‘‘; or’’ at the end of para-
graph (2) and inserting a period; and
(C) by striking paragraph (3).
(b) BACKGROUND CHECKS.—Section 842 of title 18,
United States Code, is further amended by adding at the
end the following:
‘‘(q)(1) A licensed importer, licensed manufacturer,
or licensed dealer shall not transfer explosive materials to
any other person who is not a licensee under section 843
of this title unless—
‘‘(A) before the completion of the transfer, the
licensee contacts the national instant criminal back-
ground check system established under section
103(d) of the Brady Handgun Violence Prevention
Act;
‘‘(B)(i) the system provides the licensee with a
unique identification number; or
‘‘(ii) 5 business days (meaning a day on which
State offices are open) have elapsed since the li-
censee contacted the system, and the system has not
notified the licensee that the receipt of explosive ma-
terials by such other person would violate subsection
(i) of this section;
‘‘(C) the transferor has verified the identity of
the transferee by examining a valid identification
document (as defined in section 1038(d)(1) of this
title) of the transferee containing a photograph of
the transferee; and
‘‘(D) the transferor has examined the permit
issued to the transferee pursuant to section 843 of
this title and recorded the permit number on the
record of the transfer.
‘‘(2) If receipt of explosive materials would not violate
section 842(i) of this title or State law, the system shall—
‘‘(A) assign a unique identification number to
the transfer; and
‘‘(B) provide the licensee with the number.
‘‘(3) Paragraph (1) shall not apply to the transfer
of explosive materials between a licensee and another per-
son if on application of the transferor, the Secretary has
certified that compliance with paragraph (1)(A) is imprac-
ticable because—
‘‘(A) the ratio of the number of law enforce-
ment officers of the State in which the transfer is
to occur to the number of square miles of land area
of the State does not exceed 0.0025;
‘‘(B) the business premises of the licensee at
which the transfer is to occur are extremely remote
in relation to the chief law enforcement officer (as
defined in section 922(s)(8)); and
‘‘(C) there is an absence of telecommunications
facilities in the geographical area in which the busi-
ness premises are located.
‘‘(4) If the national instant criminal background
check system notifies the licensee that the information
available to the system does not demonstrate that the re-
ceipt of explosive materials by such other person would
violate subsection (i) or State law, and the licensee trans-
fers explosive materials to such other person, the licensee
shall include in the record of the transfer the unique iden-
tification number provided by the system with respect to
the transfer.
‘‘(5) If the licensee knowingly transfers explosive ma-
terials to such other person and knowingly fails to comply
with paragraph (1) of this subsection with respect to the
transfer, the Secretary may, after notice and opportunity
for a hearing, suspend for not more than 6 months or re-
voke any license issued to the licensee under section 843
and may impose on the licensee a civil fine of not more
than $5,000.
‘‘(6) Neither a local government nor an employee of
the Federal Government or of any State or local govern-
ment, responsible for providing information to the national
instant criminal background check system shall be liable
in an action at law for damages—
‘‘(A) for failure to prevent the sale or transfer
of explosive materials to a person whose receipt or
possession of the explosive materials is unlawful
under this section; or
‘‘(B) for preventing such a sale or transfer to
a person who may lawfully receive or possess explo-
sive materials.’’.
(c) ADMINISTRATIVE PROVISIONS.—Section 103 of
the Brady Handgun Violence Prevention Act (18 U.S.C.
922 note) is amended—
(1) in subsection (f), by inserting ‘‘or explosive
materials’’ after ‘‘firearm’’; and
(2) in subsection (g), by inserting ‘‘or that re-
ceipt of explosive materials by a prospective trans-
feree would violate section 842(i) of such title, or
State law,’’ after ‘‘State law,’’.
(d) REMEDY FOR ERRONEOUS DENIAL OF EXPLO-
SIVE MATERIALS.—
(1) IN
GENERAL.—Chapter 40 of title 18,
United States Code, is amended by inserting after
section 843 the following:
‘‘§ 843A. Remedy for erroneous denial of explosive
materials
‘‘Any person denied explosive materials pursuant to
section 842(q)—
‘‘(1) due to the provision of erroneous informa-
tion relating to the person by any State or political
subdivision thereof, or by the national instant crimi-
nal background check system established under sec-
tion 103 of the Brady Handgun Violence Prevention
Act; or
‘‘(2) who was not prohibited from receipt of ex-
plosive materials pursuant to section 842(i),
may bring an action against the State or political subdivi-
sion responsible for providing the erroneous information,
or responsible for denying the transfer, or against the
United States, as the case may be, for an order directing
that the erroneous information be corrected or that the
transfer be approved, as the case may be. In any action
under this section, the court, in its discretion, may allow
the prevailing party a reasonable attorney’s fee as part
of the costs.’’.
(2) TECHNICAL
AMENDMENT.—The section
analysis for chapter 40 of title 18, United States
Code, is amended by inserting after the item relating
to section 843 the following:
‘‘843A. Remedy for erroneous denial of explosive materials.’’.
(e) REGULATIONS.—
(1) IN
GENERAL.—Not later than 6 months
after the date of the enactment of this Act, the Sec-
retary of the Treasury shall issue final regulations
with respect to the amendments made by subsection
(a).
(2) NOTICE TO STATES.—On the issuance of
regulations pursuant to paragraph (1), the Secretary
of the Treasury shall notify the States of the regula-
tions so that the States may consider revising their
explosives laws.
(f) LICENSES AND USER PERMITS.—Section 843(a)
of title 18, United States Code, is amended—
(1) by inserting ‘‘, including fingerprints and a
photograph of the applicant’’ before the period at
the end of the first sentence; and
(2) by striking the second sentence and insert-
ing, ‘‘Each applicant for a license shall pay for each
license a fee established by the Secretary that shall
not exceed $300. Each applicant for a permit shall
pay for each permit a fee established by the Sec-
retary that shall not exceed $100.’’.
(g) PENALTIES.—Section 844 of title 18, United
States Code, is amended—
(1) by redesignating subsection (a) as sub-
section (a)(1); and
(2) by inserting after subsection (a)(1) the fol-
lowing new paragraph:
‘‘(2) Any person who violates section 842(q) shall be
fined under this title, imprisoned for not more than 5
years, or both.’’.
(h) EFFECTIVE DATE.—The amendments made by
subsections (a), (b), (c), (d), and (g) shall take effect 18
months after the date of enactment of the Act.
SEC. 517. PERSONS PROHIBITED FROM RECEIVING OR POS-
SESSING EXPLOSIVES.
(a) DISTRIBUTION OF EXPLOSIVES.—Section 842(d)
of title 18, United States Code, is amended—
(1) in paragraph (5), by striking ‘‘or’’ at the
end;
(2) in paragraph (6), by striking the period and
inserting ‘‘or who has been committed to a mental
institution;’’; and
(3) by adding at the end the following:
‘‘(7) being an alien—
‘‘(A) is illegally or unlawfully in the United
States; or
‘‘(B) except as provided in subsection
(q)(2), has been admitted to the United States
under a nonimmigrant visa (as that term is de-
fined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));
‘‘(8) has been discharged from the Armed
Forces under dishonorable conditions;
‘‘(9) having been a citizen of the United States,
has renounced his citizenship;
‘‘(10) is subject to a court order that—
‘‘(A) was issued after a hearing of which
such person received actual notice, and at which
such person had an opportunity to participate;
‘‘(B) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner or
person, or engaging in other conduct that would
place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
‘‘(C)(i) includes a finding that such person
represents a credible threat to the physical safe-
ty of such intimate partner or child; or
‘‘(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of phys-
ical force against such intimate partner or child
that would reasonably be expected to cause bod-
ily injury;
‘‘(11) has been convicted in any court of a mis-
demeanor crime of domestic violence; or
‘‘(12) has been adjudicated delinquent.’’.
(b) POSSESSION OF EXPLOSIVES.—Section 842(i) of
title 18, United States Code, is amended—
(1) in paragraph (3), by striking ‘‘or’’ at the
end; and
(2) by adding at the end the following:
‘‘(5) who, being an alien—
‘‘(A) is illegally or unlawfully in the United
States; or
‘‘(B) except as provided in subsection
(q)(2), has been admitted to the United States
under a non-immigrant visa (as that term is de-
fined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));
‘‘(6) who has been discharged from the Armed
Forces under dishonorable conditions;
‘‘(7) who, having been a citizen of the United
States, has renounced his citizenship;
‘‘(8) who is subject to a court order that—
‘‘(A) was issued after a hearing of which
such person received actual notice, and at which
such person had an opportunity to participate;
‘‘(B) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner or
person, or engaging in other conduct that would
place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
‘‘(C)(i) includes a finding that such person
represents a credible threat to the physical safe-
ty of such intimate partner or child; or
‘‘(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of phys-
ical force against such intimate partner or child