[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 814 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 814

      To prevent children from injuring themselves with firearms.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 1997

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

_______________________________________________________________________

                                 A BILL


 
      To prevent children from injuring themselves with firearms.

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

SECTION 1. CHILDREN AND FIREARMS SAFETY.

    (a) Prohibition Against Affording a Juvenile Unsupervised Access to 
Certain Firearms.--
            (1) Prohibition.--It shall be unlawful for any person to 
        leave a loaded firearm, or an unloaded firearm and ammunition 
        for the firearm, any of which has been shipped or transported 
        in interstate or foreign commerce, in a manner that the person 
        knows, or reasonably should know, is likely to be accessible to 
        a juvenile, unless the person has given the juvenile permission 
        to possess the firearm, and the possession is under the 
        supervision of an adult who is not prohibited by Federal, 
        State, or local law from possessing a firearm.
            (2) Affirmative defense.--It shall be an affirmative 
        defense to a prosecution under paragraph (1) that the firearm 
        was left in a locked, opaque box or with a trigger locking 
        device installed.
            (3) Administrative penalty.--The Secretary of the Treasury 
        shall, after notice and opportunity for hearing, impose a civil 
        money penalty of not more than $1,000 upon any person who 
        violates paragraph (1).
            (4) Judicial review.--The Secretary's action under 
        paragraph (3) of this subsection may be reviewed only as 
        provided in section 923(f)(3) of title 18, United States Code.
            (5) Definitions.--As used in this subsection:
                    (A) Adult.--The term ``adult'' means an individual 
                who has attained 21 years of age.
                    (B) Firearm.--The term ``firearm'' has the meaning 
                given such term by section 921(a)(3) of title 18, 
                United States Code.
                    (C) Interstate or foreign commerce.--The term 
                ``interstate or foreign commerce'' has the meaning 
                given such term by section 921(a)(2) of title 18, 
                United States Code.
                    (D) Juvenile.--The term ``juvenile'' means an 
                individual who has not attained 18 years of age.
                    (E) Trigger locking device.--The term ``trigger 
                locking device'' has the meaning given such term in 
                section 921(a)(34) of title 18, United States Code.
    (b) Role of Licensed Firearms Dealers.--
            (1) Prohibition against sale of firearm without offering 
        trigger locks.--
                    (A) Prohibition.--Section 922 of title 18, United 
                States Code, is amended by adding at the end the 
                following:
    ``(y)(1) It shall be unlawful for a licensed dealer to sell a 
firearm to any person unless, before the sale, the dealer--
            ``(A) has offered to sell the purchaser a trigger locking 
        device;
            ``(B) has explained the operation of any trigger locking 
        device so offered; and
            ``(C) has had the person indicate in writing that the 
        person understands that trigger locking devices are available 
        for purchase.
    ``(2) Paragraph (1) shall not apply to a sale to--
            ``(A) a licensed firearm dealer for resale in the ordinary 
        course of business; or
            ``(B) an agency of government with law enforcement 
        authority;
            ``(C) the Armed Forces of the United States; or
            ``(D) the National Guard of any State.''.
                    (B) Trigger locking device defined.--Section 921(a) 
                of such title is amended by adding at the end the 
                following:
    ``(34) The term `trigger locking device' means, with respect to a 
firearm, a device which, when locked on, around, or in the firearm, 
renders the firearm incapable of being fired.''.
            (2) Notice requirements.--
                    (A) Notice to be posted by licensed dealers.--
                Section 923 of such title is amended by adding at the 
                end the following:
    ``(m) Each licensed dealer shall post conspicuously at the place of 
business of the licensed dealer a copy of section 1(a) of the Act, 
entitled `An Act to prevent children from injuring themselves with 
firearms.', in block letters that are not less than 1 inch in 
height.''.
                    (B) Notice to be included on the form required to 
                be obtained by licensed dealers from prospective 
                firearms transferees.--Section 926 of such title is 
                amended by adding at the end the following:
    ``(d) The Secretary shall ensure that a copy of section 1(a) of the 
Act, entitled `An Act to prevent children from injuring themselves with 
firearms.', appear on the form required to be obtained by a licensed 
dealer from a prospective transferee of a firearm.''.
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