Union Calendar No. 215
103D CONGRESS
1ST SESSION
H. R. 3098
[Report No. 103–389]
A BILL
To amend title 18, United States Code, to prohibit
the possession of a handgun or handgun ammu-
nition by, or the private transfer of a handgun or
handgun ammunition to, a juvenile.
NOVEMBER 20, 1993
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 215
103D CONGRESS
1ST SESSION
H. R. 3098
[Report No. 103–389]
To amend title 18, United States Code, to prohibit the possession of a
handgun or handgun ammunition by, or the private transfer of a hand-
gun or handgun ammunition to, a juvenile.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 21, 1993
Mr. GLICKMAN (for himself and Mr. CASTLE) introduced the following bill;
which was referred to the Committee on the Judiciary
NOVEMBER 20, 1993
Additional sponsors: Mrs. MALONEY, Mr. FRANK of Massachusetts, Mr. FOG-
LIETTA, Ms. BYRNE, Mr. FILNER, Mr. BACCHUS of Florida, Mr. MANN,
Mr. LIPINSKI, Mr. JEFFERSON, Mr. GOSS, Mrs. SCHROEDER, Mr.
STARK, Mr. DEUTSCH, Ms. MARGOLIES-MEZVINSKY, Mr. BEILENSON,
Mr. GIBBONS, Mrs. MEEK, Mr. JOHNSTON of Florida, Mr. HASTINGS,
Mr. DIAZ-BALART, Mr. BERMAN, Ms. VELA´ZQUEZ, Ms. ENGLISH of Ari-
zona, Mr. SHAYS, Mr. KLUG, Mr. VISCLOSKY, Mr. MANTON, Mr. HOUGH-
TON, Mr. MARKEY, Mr. BARRETT of Wisconsin, Mrs. JOHNSON of Con-
necticut, Mr. TORKILDSEN, Mr. MENENDEZ, Mr. SLATTERY, Mr. ROE-
MER, Mr. FARR of California, Mr. CALVERT, Ms. HARMAN, Mr. LAZIO,
Mr. GUTIERREZ, Mr. COPPERSMITH, Mr. BATEMAN, Mr. LEVIN, and Ms.
FURSE
NOVEMBER 20, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on September 21, 1993]
A BILL
To amend title 18, United States Code, to prohibit the pos-
session of a handgun or handgun ammunition by, or
the private transfer of a handgun or handgun ammuni-
tion to, a juvenile.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS AND DECLARATIONS.
The Congress finds and declares that—
(1) crime, particularly crime involving drugs
and guns, is a pervasive, nationwide problem;
(2) problems with crime at the local level are ex-
acerbated by the interstate movement of drugs, funds,
and criminal gangs;
(3) firearms and ammunition, and handguns in
particular, move easily in interstate commerce, as
documented in numerous hearings in both the Judici-
ary Committee of the House of Representatives and
Judiciary Committee of the Senate;
(4) in fact, even before the sale of a handgun, the
gun, its component parts, ammunition, and the raw
materials from which they are made have consider-
ably moved in interstate commerce;
(5) while criminals freely move from State to
State, ordinary citizens may fear to travel to or
through certain parts of the country due to the con-
cern that violent crime is not under control, and for-
eigners may decline to travel in the United States for
the same reason;
(6) just as the hardened drug kingpins begin
their life in the illicit drug culture by exposure to
drugs at a young age, violent criminals often start
their criminal careers on streets where the ready
availability of guns to young people results in the ac-
ceptability of their random use;
(7) violent crime and the use of illicit drugs go
hand-in-hand, and attempts to control one without
controlling the other may be fruitless;
(8) individual States and localities find it im-
possible to handle the problem by themselves; even
States and localities that have made a strong effort to
prevent, detect, and punish crime find their effort
unavailing due in part to the failure or inability of
other States and localities to take strong measures;
(9) inasmuch as illicit drug activity and related
violent crime overflow State lines and national
boundaries, the Congress has power, under the inter-
state commerce clause and other provisions of the
Constitution, to enact measures to combat these prob-
lems; and
(10) the Congress finds that it is necessary and
appropriate to assist the States in controlling crime
by stopping the commerce in handguns with juveniles
nationwide, and allowing the possession of handguns
by juveniles only when handguns are possessed and
used for legitimate purposes under appropriate condi-
tions.
SEC. 2. PROHIBITION OF THE POSSESSION OF A HANDGUN
OR AMMUNITION BY, OR THE PRIVATE TRANS-
FER OF A HANDGUN OR AMMUNITION TO, A
JUVENILE.
(a) DEFINITION.—Section 921(a) of title 18, United
States Code, is amended by adding at the end the following
new paragraph:
‘‘(29) The term ‘handgun’ means—
‘‘(A) a firearm that has a short stock and is de-
signed to be held and fired by the use of a single
hand; and
‘‘(B) any combination of parts from which a
firearm described in subparagraph (A) can be assem-
bled.’’.
(b) OFFENSE.—Section 922 of title 18, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(s)(1) It shall be unlawful for a person to sell, deliver,
or otherwise transfer to a juvenile, or to a person who the
transferor knows or has reasonable cause to believe is a juve-
nile—
‘‘(A) a handgun; or
‘‘(B) ammunition that is suitable for use only in
a handgun.
‘‘(2) It shall be unlawful for any person who is a juve-
nile to knowingly possess—
‘‘(A) a handgun; or
‘‘(B) ammunition that is suitable for use only in
a handgun.
‘‘(3) This subsection does not apply—
‘‘(A) to a temporary transfer of a handgun or
ammunition to a juvenile, or to the possession or use
of a handgun or ammunition by a juvenile, if the
handgun and ammunition are possessed and used by
the juvenile—
‘‘(i) in the course of employment, in the
course of ranching or farming related to activi-
ties at the residence of the juvenile (or on prop-
erty used for ranching or farming at which the
juvenile, with the permission of the property
owner or lessee, is performing activities related
to the operation of the farm or ranch), target
practice, hunting, or a course of instruction in
the safe and lawful use of a handgun;
‘‘(ii) with the prior written consent of the
juvenile’s parent or guardian who is not prohib-
ited by Federal, State, or local law from possess-
ing a firearm;
‘‘(iii) with the prior written consent in the
juvenile’s possession at all times when a hand-
gun is in the possession of the juvenile; and
‘‘(iv) in accordance with State and local
law;
‘‘(B) during transportation by the juvenile of an
unloaded handgun in a locked container directly from
the place of transfer to a place at which an activity
described in subparagraph (A)(i) is to take place, and
transportation by the juvenile of that handgun, un-
loaded and in a locked container, directly from the
place at which such an activity took place to the
transferor;
‘‘(C) to a juvenile who is a member of the Armed
Forces of the United States or the National Guard
who possesses or is armed with a handgun in the line
of duty;
dicated as a juvenile delinquent for conduct that if
engaged in by an adult would constitute an offense.
‘‘(B) A person other than a juvenile who knowingly
violates section 922(s)—
‘‘(i) shall be fined under this title, imprisoned
not more than 1 year, or both; and
‘‘(ii) if the person sold, delivered, or otherwise
transferred a handgun or ammunition to a juvenile
knowing or having reasonable cause to know that the
juvenile intended to carry or otherwise possess or dis-
charge or otherwise use the handgun or ammunition
in the commission of a crime of violence, shall be
fined under this title, imprisoned not more than 10
years, or both.’’.
(d) TECHNICAL AMENDMENT OF JUVENILE DELIN-
QUENCY
PROVISIONS
IN
TITLE
18, UNITED
STATES
CODE.—
(1) SECTION 5031.—Section 5031 of title 18,
United States Code, is amended by inserting ‘‘or a
violation by such person of section 922(s)’’ before the
period at the end.
(2) SECTION 5032.—Section 5032 of title 18,
United States Code, is amended—
(A) in the first undesignated paragraph by
inserting ‘‘or (s)’’ after ‘‘922(p)’’; and