[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3595 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3595

   To prohibit the possession of a handgun by, and the transfer of a 
             handgun to, a minor, with certain exceptions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 20, 1993

 Mr. Santorum introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To prohibit the possession of a handgun by, and the transfer of a 
             handgun to, a minor, with certain exceptions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Youth Handgun Control Act of 1993''.

SEC. 2. PROHIBITION AGAINST THE POSSESSION OF A HANDGUN BY, AND THE 
              TRANSFER OF A HANDGUN TO, A MINOR, WITH CERTAIN 
              EXCEPTIONS.

    (a) Prohibitions.--Section 922 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(s)(1)(A) It shall be unlawful for an individual who has not 
attained 18 years of age to possess a handgun.
    ``(B) Subparagraph (A) shall not apply to the possession of--
            ``(i) a handgun by an individual while--
                    ``(I) attending a course of instruction in hunter 
                safety or firearms safety that is conducted by a 
                certified instructor (within the meaning of 
                subparagraph (C));
                    ``(II) practicing the use of a firearm or target 
                shooting in accordance with State and local law; or
                    ``(III) hunting in accordance with State and local 
                law;
            ``(ii) an unloaded handgun while traveling to or from an 
        activity described in clause (i), if the handgun is in a locked 
        container; or
            ``(iii) a handgun by an individual on real property that is 
        owned or leased by a parent or legal guardian of the 
        individual, with the consent of a parent or legal guardian of 
        the individual.
    ``(C) For purposes of subparagraph (B)(i)(I), a course of 
instruction in hunter safety or firearms safety is conducted by a 
certified instructor if--
            ``(i)(I) the course of instruction is conducted in a State 
        in which there are in effect laws and procedures for the 
        certification of instructors of such a course of instruction; 
        and
            ``(II) the instructor of the course is certified, in 
        accordance with such laws and procedures, to provide such a 
        course of instruction; or
            ``(ii)(I) the course of instruction is conducted in a State 
        not described in clause (i); and
            ``(II) the instructor is certified by a qualified nonprofit 
        organization to provide such a course of instruction.
    ``(D) As used in subparagraph (C)(ii)(II), the term `qualified 
nonprofit organization' means a nonprofit organization that--
            ``(i) has offices in 40 or more States; and
            ``(ii) provides firearms safety programs which include 
        training in the safe handling of firearms.
    ``(2)(A) It shall be unlawful for any person to transfer a handgun 
or make a handgun available to an individual who the person knows or 
has reasonable cause to believe has not attained 18 years of age, 
unless a parent or legal guardian of the individual, who is not 
prohibited by law from possessing or receiving a firearm, has consented 
to the transfer.
    ``(B) It shall be unlawful for any person to transfer a handgun or 
make a handgun available to an individual who the person knows or has 
reasonable cause to believe--
            ``(i) has not attained 18 years of age; and
            ``(ii) has been convicted of a crime of violence (as 
        defined in section 924(c)(3)), or has been found to be a 
        juvenile delinquent for an offense which would constitute such 
        a crime if committed by an adult.''.
    (b) Handgun Defined.--Section 921(a) of such title is amended by 
adding at the end the following:
    ``(29) The term `handgun' means--
            ``(A) a firearm the barrel of which, excluding any 
        revolving, detachable, or magazine breech, does not exceed 12 
        inches in length; and
            ``(B) any combination of parts from which a firearm 
        described in subparagraph (A) can be assembled.''.
    (c) Penalties.--Section 924(a) of such title is amended--
            (1) in paragraph (1), by striking ``paragraph (2) or (3) 
        of''; and
            (2) by adding at the end the following:
    ``(5)(A) Whoever knowingly violates section 922(s)(1) shall--
            ``(i) in the case of the 1st such offense, be fined not 
        more than $10,000, imprisoned not more than 1 year, or both, 
        and chapter 403 shall apply;
            ``(ii) in the case of the 2nd such offense, be fined not 
        more than $20,000, imprisoned not less than 1 year and not more 
        than 5 years, or both, and chapter 403 shall apply; or
            ``(iii) in the case of the 3rd such offense, be fined not 
        more than $50,000, imprisoned not less than 1 year and not more 
        than 4 years, or both, and chapter 403 shall not apply.
    ``(B) Whoever willfully violates section--
            ``(i) 922(s)(2)(A) shall be fined not more than $100,000, 
        imprisoned not less than 2 years and not more than 5 years, or 
        both; or
            ``(ii) 922(s)(2)(B) shall be fined not more than $200,000, 
        imprisoned not less than 5 years and not more than 10 years, or 
        both.
    ``(C) Section 3571 shall not apply to offenses punishable under 
this paragraph.''.
    (d) Technical Amendment.--Section 5031 of such title is amended by 
inserting ``, and a 1st or 2nd violation by such a person of section 
922(s)(1)'' before the period.

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