[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 428 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 428

  To amend chapter 44 of title 18, United States Code, to improve the 
                          safety of handguns.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 1997

    Mr. Kohl (for himself, Mrs. Boxer, Mr. Durbin, and Mr. Chafee) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend chapter 44 of title 18, United States Code, to improve the 
                          safety of handguns.

    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 ``Child Safety Lock Act of 1997''.

SEC. 2. HANDGUN SAFETY.

    (a) Definition of Locking Device.--Section 921(a) of title 18, 
United States Code, is amended by adding at the end the following:
            ``(34) The term `locking device' means--
                    ``(A) a device that, if installed on a firearm and 
                secured by means of a key or a mechanically-, 
                electronically-, or electromechanically-operated 
                combination lock, prevents the firearm from being 
                discharged without first deactivating or removing the 
                device by means of a key or mechanically-, 
                electronically-, or electromechanically-operated 
                combination lock; or
                    ``(B) a locking mechanism incorporated into the 
                design of a firearm that prevents discharge of the 
                firearm by any person who does not have access to the 
                key or other device designed to unlock the mechanism 
                and thereby allow discharge of the firearm.''.
    (b) Unlawful Acts.--Section 922 of title 18, United States Code, is 
amended by inserting after subsection (x) the following:
    ``(y) Locking Devices and Warnings.--
            ``(1) In general.--Except as provided in paragraph (2), 
        beginning 90 days after the date of enactment of the Child 
        Safety Lock Act of 1997, it shall be unlawful for any licensed 
        manufacturer, licensed importer, or licensed dealer to sell, 
        deliver, or transfer any handgun--
                    ``(A) to any person other than a licensed 
                manufacturer, licensed importer, or licensed dealer, 
                unless the transferee is provided with a locking device 
                for that handgun; or
                    ``(B) to any person, unless the handgun is 
                accompanied by the following warning, which shall 
                appear in conspicuous and legible type in capital 
                letters, and which shall be printed on a label affixed 
                to the gun and on a separate sheet of paper included 
                within the packaging enclosing the handgun:
                ```THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY 
                ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. FIREARMS 
                SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION THAT 
                IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE 
                TO CHILDREN.
                `FAILURE TO PROPERLY LOCK AND STORE YOUR FIREARM MAY 
                RESULT IN CIVIL OR CRIMINAL LIABILITY UNDER STATE LAW. 
                IN ADDITION, FEDERAL LAW PROHIBITS THE POSSESSION OF A 
                HANDGUN BY A MINOR IN MOST CIRCUMSTANCES.'
            ``(2) Exceptions.--Paragraph (1) does not apply to--
                    ``(A) the--
                            ``(i) manufacture for, transfer to, or 
                        possession by, the United States or a State or 
                        a department or agency of the United States, or 
                        a State or a department, agency, or political 
                        subdivision of a State, of a handgun; or
                            ``(iii) the transfer to, or possession by, 
                        a law enforcement officer employed by an entity 
                        referred to in clause (i) of a handgun for law 
                        enforcement purposes (whether on or off-duty); 
                        or
                    ``(B) the transfer to, or possession by, a rail 
                police officer employed by a rail carrier and certified 
                or commissioned as a police officer under the laws of a 
                State of a handgun for purposes of law enforcement 
                (whether on or off-duty).''.
    (c) Civil Penalties.--Section 924 of title 18, United States Code, 
is amended--
            (1) in subsection (a)(1), by striking ``or (f)'' and 
        inserting ``(f), or (p)''; and
            (2) by adding at the end the following:
    ``(p) Penalties Relating to Locking Devices and Warnings.--
            ``(1) In general.--
                    ``(A) Suspension or revocation of license; civil 
                penalties.--With respect to each violation of 
                subparagraph (A) or (B) of section 922(y)(1) by a 
                licensee, the Secretary may, after notice and 
                opportunity for hearing--
                            ``(i) suspend or revoke any license issued 
                        to the licensee under this chapter; or
                            ``(ii) subject the licensee to a civil 
                        penalty in an amount equal to not more than 
                        $10,000.
                    ``(B) Review.--An action of the Secretary under 
                this paragraph may be reviewed only as provided in 
                section 923(f).
            ``(2) Administrative remedies.--The suspension or 
        revocation of a license or the imposition of a civil penalty 
        under paragraph (1) does not preclude any administrative remedy 
        that is otherwise available to the Secretary.''.
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