[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2673 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2673

        To ensure the safety of children in regard to firearms.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 9, 1997

    Ms. Millender-McDonald introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
        To ensure the safety of children in regard to 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 ``Trigger Lock Act of 1997''.

SEC. 2. CHILD SAFETY LOCKS FOR FIREARMS.

    (a) Civil Prohibitions.--
            (1) Prohibition against transfer of firearm without locking 
        device attached.--
                    (A) Prohibition.--Effective 12 months after the 
                date of the enactment of this Act, it shall be unlawful 
                for any person, in or affecting commerce, to transfer a 
                firearm in the United States, unless a locking device 
                is attached to, or is an integral part of, the firearm.
                    (B) Penalties.--
                            (i) Private transfers.--The Secretary shall 
                        impose a civil fine of $5,000 on any person, 
                        other than a licensed dealer or licensed 
                        manufacturer, who violates subparagraph (A).
                            (ii) Transfers by federally licensed 
                        firearms dealers.--The Secretary shall impose a 
                        civil fine of $10,000 on any licensed dealer 
                        who violates subparagraph (A), and shall 
                        suspend or revoke any license issued under 
                        chapter 44 of title 18, United States Code, to 
the dealer.
                            (iii) Transfers by federally licensed 
                        firearms manufacturers.--The Secretary shall 
                        impose a civil fine of $25,000 on any licensed 
                        manufacturer who violates subparagraph (A), and 
                        shall suspend or revoke any license issued 
                        under chapter 44 of title 18, United States 
                        Code, to the manufacturer.
            (2) Prohibition against manufacture of handgun without 
        locking device attached.--
                    (A) Prohibition.--Effective 18 months after the 
                date of the enactment of this Act, it shall be unlawful 
                for any person, in or affecting commerce, to 
                manufacture a handgun in the United States, unless a 
                locking device that meets the minimum quality standards 
                prescribed under subsection (e) is attached to, or is 
                an integral part of, the firearm.
                    (B) Penalties.--The Secretary shall impose a civil 
                fine of $25,000 on any person who violates subparagraph 
                (A), and shall suspend or revoke any license issued 
                under chapter 44 of title 18, United States Code, to 
                the manufacturer.
            (3) Prohibition against transfer of firearm by licensee 
        without notice and warning.--
                    (A) Prohibition.--Effective 60 days after the date 
                of the enactment of this Act, it shall be unlawful for 
                any licensed importer, licensed manufacturer, or 
                licensed dealer to transfer a handgun that is not 
                accompanied by the following, which shall be printed in 
                \3/4\-inch type:
    ``THE USE OF A LOCKING BOX OR LOCKING DEVICE PLACED ON THE TRIGGER 
GUARD OF A FIREARM IS ONLY ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. 
FIREARMS AND THEIR AMMUNITION SHOULD BE STORED AND SECURED IN A 
LOCATION THAT IS INACCESSIBLE TO CHILDREN.
    ``IF MISUSED, HANDGUNS CAN RESULT IN UNINTENTIONAL INJURY OR LOSS 
OF LIFE. TRIGGER LOCKS LOWER THE RISK OF UNINTENTIONAL DISCHARGE, 
HOWEVER TRIGGER LOCKS DO NOT TOTALLY ELIMINATE THE RISK.
    ``FAILURE TO PROPERLY LOCK AND STORE YOUR FIREARM MAY RESULT IN 
CIVIL OR CRIMINAL LIABILITY UNDER STATE LAW. FEDERAL LAW PROHIBITS THE 
POSSESSION OF A HANDGUN BY A MINOR IN MOST CIRCUMSTANCES.''.
                    (B) Penalties.--
                            (i) Transfers by federally licensed 
                        firearms dealers or importers.--The Secretary 
                        shall impose a civil fine of $10,000 on any 
                        licensed dealer or licensed importer who 
                        violates subparagraph (A), and shall suspend or 
                        revoke any license issued under chapter 44 of 
                        title 18, United States Code, to the dealer or 
                        importer.
                            (ii) Transfers by federally licensed 
                        firearms manufacturers.--The Secretary shall 
                        impose a civil fine of $5,000 on any licensed 
                        manufacturer who violates subparagraph (A), and 
                        shall suspend or revoke any license issued 
                        under chapter 44 of title 18, United States 
                        Code, to the manufacturer.
            (4) Inapplicability to governmental entities.--Paragraphs 
        (1), (2), and (3) shall not apply to conduct of, or authorized 
        by, the United States or any department or agency thereof, or 
        any State or any department, agency, or political subdivision 
        thereof.
            (5) Judicial review.--Not later than 60 days after an 
        individual receives notice from the Secretary of a decision to 
        impose a fine on, or suspend or revoke a license of, the 
        individual under this subsection, the individual may bring an 
        action against the Secretary in any United States district 
        court for de novo review of the decision.
    (b) Criminal Prohibition Against Adult Leaving Firearm and 
Ammunition With an Unsupervised Minor.--
            (1) Prohibition.--Section 922 of title 18, United States 
        Code, is amended by inserting after subsection (x) the 
        following:
    ``(y)(1) It shall be unlawful for an adult to leave a loaded 
firearm, or an unloaded firearm and ammunition for the firearm, with a 
minor, unless the possession of the firearm by the minor is supervised 
by an adult who is not prohibited by Federal, State, or local law from 
possessing a firearm.
    ``(2) As used in paragraph (1):
            ``(A) The term `adult' means an individual who has attained 
        18 years of age.
            ``(B) The term `minor' means an individual who has not 
        attained 18 years of age.''.
            (2) Penalties.--Section 924(a) of such title is amended by 
        adding at the end the following:
    ``(7) Whoever knowingly violates section 922(y) shall, 
notwithstanding section 3571, be fined not more than $10,000, 
imprisoned not more than 1 year, or both.''.
    (c) Studies.--
            (1) Standards for Locking Devices.--
                    (A) In general.--The National Institute of Justice 
                and the Consumer Product Safety Commission shall each 
                conduct a study to determine the feasibility of 
                developing minimum quality standards for locking 
                devices.
                    (B) Report.--Not later than 90 days after the date 
                of the enactment of this Act, the National Institute of 
                Justice and the Consumer Product Safety Commission 
                shall each submit to the Attorney General and the 
                Secretary of the Treasury a report that includes the 
                results of the study required of the entity by 
                subparagraph (A) and any recommendations for 
                legislative or regulatory action.
            (2) Results of this section.--
                    (A) In general.--The Director of the Centers for 
                Disease Control shall conduct a study on the results of 
                this section.
                    (B) Report.--Not later than 18 months after the 
                date of the enactment of this Act, the Director of the 
                Centers for Disease Control and Prevention shall submit 
                to the Attorney General and the Secretary of the 
                Treasury a report that contains the findings of the 
                study required by subparagraph (A).
    (d) Educational Programs.--For public service announcements and 
counter advertisements designed to educate the public on the proper 
storage of firearms, not more than $1,000,000 are authorized to be 
appropriated for fiscal year 1998 to each of the Attorney General and 
the Secretary of Health and Human Services, who shall coordinate their 
expenditure of the sums appropriated pursuant to this subsection, and 
the sums are authorized to remain available until expended.
    (e) Regulations Governing Manufacture of Locking Devices.--Within 6 
months after the date of the enactment of this Act, the Secretary shall 
issue final regulations which prescribe minimum quality standards for 
locking devices.
    (f) Definitions.--As used in this section:
            (1) Locking device.--The term ``locking device'' means a 
        device that--
                    (A) when installed and secured (with a key, 
                electronic code, or electro-mechanically operated 
                combination lock) on the trigger guard of a firearm, 
                and while activated, prevents the firearm from being 
                discharged; or
                    (B) is incorporated into the design of, and is an 
                integral part of, a handgun, and while activated, 
                prevents the handgun from being discharged.
            (2) Other terms.--The terms ``State'', ``firearm'', 
        ``handgun'', ``dealer'', ``licensed dealer'', ``manufacturer'', 
        ``licensed manufacturer'', ``importer'', ``licensed importer'', 
        and ``Secretary'' shall have the meanings given such terms in 
        section 921(a) of title 18, United States Code.
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