[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2359 Introduced in House (IH)]







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 standards for dealers of firearms.

    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 ``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, suppliers, and customers are adversely affected 
        by gun violence;
            (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 reporting 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 following:
    ``(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, Tobacco, 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 appropriate; and
                    ``(C) the storage and handling of the firearms 
                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 licensed 
        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 licensed 
                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 subparagraph (E); 
        and
            (3) by inserting after subparagraph (C) the following:
                    ``(D) being a licensed dealer, knowingly fails to 
                comply with any applicable regulation issued under 
                section 923(m); and''.
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