[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1768 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 1768
To strengthen America's firearms and explosives laws.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 1999
Mr. Conyers (for himself, Mrs. Morella, Mr. Nadler, Ms. Lofgren, Ms.
Jackson-Lee of Texas, Ms. Waters, Mr. Meehan, Mr. Delahunt, Mr. Wexler,
Mr. Rothman, Mr. Weiner, Mr. Ackerman, Mr. Andrews, Mr. Barrett of
Wisconsin, Mr. Blagojevich, Mr. Crowley, Mr. Cummings, Ms. DeGette, Ms.
DeLauro, Mr. Dixon, Mr. Farr of California, Mr. Hoeffel, Mr. Kennedy of
Rhode Island, Mrs. McCarthy of New York, Mr. Markey, Ms. Norton, Mrs.
Tauscher, Mrs. Jones of Ohio, Mr. Vento, and Mr. Waxman) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To strengthen America's firearms and explosives laws.
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 Gun Crime Enforcement Act of
1999''.
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--EXTENDING AND STRENGTHENING THE BRADY LAW
Subtitle A--Extending the Brady Act to Gun Shows
Sec. 101. Regulation of gun shows; findings.
Sec. 102. Extension of Brady checks to gun shows.
Subtitle B--Establishing a Mandatory Handgun Waiting Period and Giving
Law Enforcement More Time to Complete Background Checks
Sec. 103. Mandatory waiting period and additional time for background
checks.
Subtitle C--Keeping Guns Out of The Hands of Dangerous Juvenile
Offenders
Sec. 104. Permanent prohibition on firearms transfers to or possession
by dangerous juvenile offenders.
TITLE II--RESTRICTING YOUTH ACCESS TO FIREARMS
Sec. 201. Increasing youth gun safety by raising the age of handgun
eligibility and prohibiting youth from
possessing semiautomatic assault weapons.
Sec. 202. Enhanced penalty for youth possession of handguns and
semiautomatic assault weapons and for the
transfer of such weapons to youth.
Sec. 203. Gun storage and safety devices for all firearms.
Sec. 204. Responsibility of adults for death and injury caused by child
access to firearms.
TITLE III--COMBATING ILLEGAL TRAFFICKING IN GUNS
Subtitle A--Restricting the Sources of Illegal Guns
Sec. 301. Preventing gun trafficking by restricting handgun transfers
to one per month.
Sec. 302. Secure storage of firearms inventories.
Sec. 303. Requiring thefts from common carriers to be reported.
Sec. 304. Increasing the number of allowed compliance inspections of
firearms dealers.
Sec. 305. Transfer of firearm to commit a crime of violence.
Sec. 306. Licensee reports of secondhand firearms.
Sec. 307. Voluntary submission of dealer's records.
Subtitle B--Enhancing Penalties for Gun Trafficking
Sec. 308. Increasing the penalties on gun kingpins.
Sec. 309. Serious recordkeeping offenses that aid gun trafficking.
Sec. 310. Suspension of firearms dealer's licenses and civil penalties
for violations of the Gun Control Act.
Sec. 311. Termination of firearms dealer's license upon felony
conviction.
Sec. 312. Increased penalty for transactions involving firearms with
obliterated serial numbers.
Sec. 313. Forfeiture for gun trafficking.
Sec. 314. Authorization of appropriations.
TITLE IV--STRENGTHENING THE ASSAULT WEAPONS BAN
Sec. 401. Ban on importing large capacity ammunition feeding devices.
TITLE V--COMBATING CRIMINAL MISUSE OF FIREARMS
Sec. 501. Certain gang-related firearms offenses as RICO predicates.
Sec. 502. Increased penalty for firearms conspiracy.
Sec. 503. Gun convictions as predicate crimes for Armed Career Criminal
Act.
Sec. 504. Serious juvenile drug trafficking offenses as Armed Career
Criminal Act predicates.
Sec. 505. Limitation period for National Firearms Act prosecutions.
Sec. 506. Forfeiture of firearms used in crimes of violence and
felonies.
Sec. 507. Separate licenses for gunsmiths.
TITLE VI--ENHANCING FIREARMS ENFORCEMENT
Sec. 601. Additional support for enhanced firearms prosecution
projects.
Sec. 602. Youth Crime Gun Interdiction Initiative (YCGII).
TITLE VII--COMBATING CRIMINAL MISUSE OF EXPLOSIVES
Sec. 701. Permits and background checks for purchases of explosives.
Sec. 702. Persons prohibited from receiving or possessing explosives.
Sec. 703. Prohibiting possession of explosives by juveniles.
Sec. 704. Requirements concerning black powder and bulk smokeless
powder.
Sec. 705. Authorizations of appropriations.
TITLE I--EXTENDING AND STRENGTHENING THE BRADY LAW
Subtitle A--Extending The Brady Act to Gun Shows
SEC. 101. REGULATION OF GUN SHOWS; FINDINGS.
Congress finds that--
(1) more than 4,400 traditional gun shows are held annually
across the United States, attracting thousands of attendees per
show and hundreds of Federal firearms licensees and non-
licensed firearms sellers;
(2) traditional gun shows, as well as flea markets and
other organized events, at which a large number of firearms are
offered for sale by Federal firearms licensees and nonlicensed
firearms sellers, form a significant part of the national
firearms market;
(3) firearms and ammunition that are exhibited or offered
for sale or exchange at gun shows, flea markets, and other
organized events move easily in and substantially affect
interstate commerce;
(4) in fact, even before a firearm is exhibited or offered
for sale or exchange at a gun show, flea market, or other
organized event, the gun, its component parts, ammunition, and
the raw materials from which it is manufactured have moved in
interstate commerce;
(5) gun shows, flea markets, and other organized events at
which firearms are exhibited or offered for sale or exchange,
provide a convenient and centralized commercial location at
which firearms may be bought and sold anonymously, often
without background checks and without records that enable gun
tracing;
(6) at gun shows, flea markets, and other organized events
at which guns are exhibited or offered for sale or exchange,
criminals and other prohibited persons obtain guns without
background checks and frequently use guns that cannot be traced
to later commit crimes;
(7) many persons who buy and sell firearms at gun shows,
flea markets, and other organized events cross State lines to
attend these events and engage in the interstate transportation
of firearms obtained at these events;
(8) gun violence is a pervasive, national problem that is
exacerbated by the availability of guns at gun shows, flea
markets, and other organized events;
(9) firearms associated with gun shows have been
transferred illegally to residents of another State by Federal
firearms licensees and nonlicensed firearms sellers, and have
been involved in subsequent crimes including drug offenses,
crimes of violence, property crimes, and illegal possession of
firearms by felons and other prohibited persons; and
(10) Congress has the power, under the interstate commerce
clause and other provisions of the Constitution of the United
States, to ensure, by enactment of this Act, that criminals and
other prohibited persons do not obtain firearms at gun shows,
flea markets, and other organized events.
SEC. 102. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS.
(a) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(35) Gun show.--The term `gun show' means any event--
``(A) at which 50 or more firearms are offered or exhibited
for sale, transfer, or exchange, if 1 or more of the firearms
has been shipped or transported in, or otherwise affects,
interstate or foreign commerce; and
``(B) at which 2 or more persons are offering or exhibiting
1 or more firearms for sale, transfer, or exchange.
``(36) Gun show promoter.--The term `gun show promoter' means any
person who organizes, plans, promotes, or operates a gun show.
``(37) Gun show vendor.--The term `gun show vendor' means any
person who exhibits, sells, offers for sale, transfers, or exchanges 1
or more firearms at a gun show, regardless of whether or not the person
arranges with the gun show promoter for a fixed location from which to
exhibit, sell, offer for sale, transfer, or exchange 1 or more
firearms.''.
(b) Regulation of Firearms Transfers at Gun Shows.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 931. Regulation of firearms transfers at gun shows
``(a) Registration of Gun Show Promoters.--It shall be unlawful for
any person to organize, plan, promote, or operate a gun show unless
that person--
``(1) registers with the Secretary in accordance with
regulations promulgated by the Secretary; and
``(2) pays a registration fee, in an amount determined by
the Secretary.
``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful
for any person to organize, plan, promote, or operate a gun show unless
that person--
``(1) not later than 30 days before commencement of the gun
show, notifies the Secretary of the date, time, duration, and
location of the gun show and any other information concerning
the gun show as the Secretary may require by regulation;
``(2) not later than 72 hours before commencement of the
gun show, submits to the Secretary an updated list of all gun
show vendors planning to participate in the gun show and any
other information concerning such vendors as the Secretary may
require by regulation;
``(3) before commencement of the gun show, verifies the
identity of each gun show vendor participating in the gun show
by examining a valid identification document (as defined in
section 1028(d)(1)) of the vendor containing a photograph of
the vendor;
``(4) before commencement of the gun show, requires each
gun show vendor to sign--
``(A) a ledger with identifying information
concerning the vendor; and
``(B) a notice advising the vendor of the
obligations of the vendor under this chapter; and
``(5) notifies each person who attends the gun show of the
requirements of this chapter, in accordance with such
regulations as the Secretary shall prescribe;
``(6) not later than 5 days after the last day of the gun
show, submits to the Secretary a copy of the ledger and notice
described in paragraph (4); and
``(7) maintains a copy of the records described in
paragraphs (2) through (4) at the permanent place of business
of the gun show promoter for such period of time and in such
form as the Secretary shall require by regulation.
``(c) Responsibilities of Transferors Other Than Licensees.--
``(1) In general.--If any part of a firearm transaction
takes place at a gun show, it shall be unlawful for any person
who is not licensed under this chapter to transfer a firearm to
another person who is not licensed under this chapter, unless
the firearm is transferred through a licensed importer,
licensed manufacturer, or licensed dealer in accordance with
subsection (e).
``(2) Criminal background checks.--A person who is subject
to the requirement of paragraph (1)--
``(A) shall not transfer the firearm to the
transferee until the licensed importer, licensed
manufacturer, or licensed dealer through which the
transfer is made under subsection (e) makes the
notification described in subsection (e)(3)(A); and
``(B) notwithstanding subparagraph (A), shall not
transfer the firearm to the transferee if the licensed
importer, licensed manufacturer, or licensed dealer
through which the transfer is made under subsection (e)
makes the notification described in subsection
(e)(3)(B).
``(d) Responsibilities of Transferees Other Than Licensees.--
``(1) In general.--If any part of a firearm transaction
takes place at a gun show, it shall be unlawful for any person
who is not licensed under this chapter to receive a firearm
from another person who is not licensed under this chapter,
unless the firearm is transferred through a licensed importer,
licensed manufacturer, or licensed dealer in accordance with
subsection (e).
``(2) Criminal background checks.--A person who is subject
to the requirement of paragraph (1)--
``(A) shall not receive the firearm from the
transferor until the licensed importer, licensed
manufacturer, or licensed dealer through which the
transfer is made under subsection (e) makes the
notification described in subsection (e)(3)(A); and
``(B) notwithstanding subparagraph (A), shall not
receive the firearm from the transferor if the licensed
importer, licensed manufacturer, or licensed dealer
through which the transfer is made under subsection (e)
makes the notification described in subsection
(e)(3)(B).
``(e) Responsibilities of Licensees.--A licensed importer, licensed
manufacturer, or licensed dealer who agrees to assist a person who is
not licensed under this chapter in carrying out the responsibilities of
that person under subsection (c) or (d) with respect to the transfer of
a firearm shall--
``(1) enter such information about the firearm as the
Secretary may require by regulation into a separate bound
record;
``(2) record the transfer on a form specified by the
Secretary;
``(3) comply with section 922(t) as if transferring the
firearm from the inventory of the licensed importer, licensed
manufacturer, or licensed dealer to the designated transferee
(although a licensed importer, licensed manufacturer, or
licensed dealer complying with this subsection shall not be
required to again comply with the requirements of section
922(t) in delivering the firearm to the non-licensed
transferor), and notify the non-licensed transferor and the
non-licensed transferee--
``(A) of such compliance; and
``(B) if the transfer is subject to the
requirements of section 922(t)(1), of any receipt by
the licensed importer, licensed manufacturer, or
licensed dealer of a notification from the national
instant criminal background check system that the
transfer would violate section 922 or would violate
State law;
``(4) not later than 10 days after the date on which the
transfer occurs, submit to the Secretary a report of the
transfer, which report--
``(A) shall be on a form specified by the Secretary
by regulation; and
``(B) shall not include the name of or other
identifying information relating to any person involved
in the transfer who is not licensed under this chapter;
``(5) if the licensed importer, licensed manufacturer, or
licensed dealer assists a person other than a licensee in
transferring, at 1 time or during any 5 consecutive business
days, 2 or more pistols or revolvers, or any combination of
pistols and revolvers totaling 2 or more, to the same non-
licensed person, in addition to the reports required under
paragraph (4), prepare a report of the multiple transfers,
which report shall be--
``(A) prepared on a form specified by the
Secretary; and
``(B) not later than the close of business on the
date on which the transfer occurs, forwarded to--
``(i) the office specified on the form
described in subparagraph (A); and
``(ii) the appropriate State law
enforcement agency of the jurisdiction in which
the transfer occurs; and
``(6) retain a record of the transfer as part of the
permanent business records of the licensed importer, licensed
manufacturer, or licensed dealer.
``(f) Records of Licensee Transfers.--If any part of a firearm
transaction takes place at a gun show, each licensed importer, licensed
manufacturer, and licensed dealer who transfers 1 or more firearms to a
person who is not licensed under this chapter shall, not later than 10
days after the date on which the transfer occurs, submit to the
Secretary a report of the transfer, which report--
``(1) shall be in a form specified by the Secretary by
regulation;
``(2) shall not include the name of or other identifying
information relating to the transferee; and
``(3) shall not duplicate information provided in any
report required under subsection (e)(4).
``(g) Firearm Transaction Denied.--In this section, the term
`firearm transaction' includes the exhibition, sale, offer for sale,
transfer, or exchange of a firearm.''.
(2) Penalties.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(7)(A) Whoever knowingly violates section 931(a) shall be fined
under this title, imprisoned not more than 5 years, or both.
``(B) Whoever knowingly violates subsection (b) or (c) of
section 931, shall be--
``(i) fined under this title, imprisoned not more
than 2 years, or both; and
``(ii) in the case of a second or subsequent
conviction, such person shall be fined under this
title, imprisoned not more than 5 years, or both.
``(C) Whoever willfully violates section 931(d) shall be--
``(i) fined under this title, imprisoned not more
than 2 years, or both; and
``(ii) in the case of a second or subsequent
conviction, such person shall be fined under this
title, imprisoned not more than 5 years, or both.
``(D) Whoever knowingly violates subsection (e) or (f) of
section 931 shall be fined under this title, imprisoned not
more than 5 years, or both.
``(E) In addition to any other penalties imposed under this
paragraph, the Secretary may, with respect to any person who
knowingly violates any provision of section 931--
``(i) if the person is registered pursuant to
section 931(a), after notice and opportunity for a
hearing, suspend for not more than 6 months or revoke
the registration of that person under section 931(a);
and
``(ii) impose a civil fine in an amount equal to
not more than $10,000.''.
(3) Technical and conforming amendments.--Chapter 44 of
title 18, United States Code, is amended--
(A) in the chapter analysis by adding at the end
the following: ``931. Regulation of firearms transfers
at gun shows.''; and
(B) in the first sentence of section 923(j), by
striking ``a gun show or event'' and inserting ``an
event''.
(4) Inspection authority.--Section 923(g)(1) of title 18,
United States Code, is amended by adding at the end the
following:
``(E) Notwithstanding subparagraph (B), the Secretary may enter
during business hours the place of business of any gun show promoter
and any place where a gun show is held for the purposes of examining
the records required by sections 923 and 931 and the inventory of
licensees conducting business at the gun show. Such entry and
examination shall be conducted for the purposes of determining
compliance with this chapter by gun show promoters and licensees
conducting business at the gun show and shall not require a showing of
reasonable cause or a warrant.''.
(c) Increased Penalties for Violations of Criminal Background Check
Requirements.--
(1) Penalties.--Section 924(a) of title 18, United States
Code, is amended--
(A) in paragraph (5), by striking ``subsection (s)
or (t) of section 922'' and inserting ``section
922(s)''; and
(B) by adding at the end the following:
``(8) Whoever knowingly violates section 922(t) shall be fined
under this title, imprisoned not more than 5 years, or both.''.
(2) Elimination of certain elements of offense.--Section
922(t)(5) of title 18, United States Code, is amended by
striking ``and, at the time'' and all that follows through
``State law''.
(d) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of enactment of this
Act.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
Subtitle B--Establishing a Mandatory Handgun Waiting Period and Giving
Law Enforcement More Time to Complete Background Checks
SEC. 103. MANDATORY WAITING PERIOD AND ADDITIONAL TIME FOR BACKGROUND
CHECKS.
Section 922(t) of title 18, United States Code, is amended--
(1) in paragraph (1)(A), by inserting ``and, in accordance
with regulations prescribed by the Secretary, transmits notice
of the proposed firearm transfer to the chief law enforcement
officer of the place of residence of the transferee'' before
the semicolon;
(2) in paragraph (1)(B)(ii)--
(A) by striking ``3'' and inserting ``5''; and
(B) by striking ``and'' at the end;
(3) in paragraph (1)(C), by striking the period at the end
and inserting ``; and'';
(4) by adding at the end of paragraph (1) the following:
``(D) if the firearm is a handgun or semiautomatic assault
weapon--
``(i) not less than 72 hours have elapsed since the
licensee contacted the system; or
``(ii) if the firearm is a handgun, the transferee
has presented to the transferor a written statement,
issued by the chief law enforcement officer of the
place of residence of the transferee during the 10-day
period ending on the date of the most recent proposal
of such transfer by the transferee, stating that the
transferee requires access to a handgun because of a
threat to the life of the transferee or of a member of
the household of the transferee.''; and
(5) by adding at the end the following:
``(7) In this subsection, the term ``chief law enforcement
officer'' means the chief of police, the sheriff, or an equivalent
officer of a law enforcement agency, or the designee of any such
officer.
``(8) In accordance with regulations prescribed by the Secretary, a
chief law enforcement officer who accepts notice of a proposed firearm
transfer under paragraph (1)(A) shall destroy any statement or other
record containing information derived from the notice, unless the chief
law enforcement officer determines that the transfer would violate
Federal, State, or local law.
``(9) The Secretary shall promulgate regulations regarding the
manner in which licensees shall transmit notice of a proposed firearm
transfer to the chief law enforcement officer of the transferee's place
of residence under paragraph (1)(A) and shall exempt licensees from the
notice requirement where the Secretary determines such notice does not
further the purposes of this section.''.
Subtitle C--Keeping Guns Out Of The Hands of Dangerous Juvenile
Offenders
SEC. 104. PERMANENT PROHIBITION ON FIREARMS TRANSFERS TO OR POSSESSION
BY DANGEROUS JUVENILE OFFENDERS.
(a) Definition.--Section 921(a)(20) of title 18, United States
Code, is amended--
(1) by inserting ``(A)'' after ``(20)'';
(2) by redesignating subparagraphs (A) and (B) as clauses
``(i)'' and ``(ii)'', respectively;
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) For purposes of section 922(d) and (g) of this chapter, the
term `adjudicated delinquent' means an adjudication of delinquency
based upon a finding of the commission of an act by a person prior to
his or her eighteenth birthday that, if committed by an adult, would be
a serious drug offense or violent felony (as defined in section
3559(c)(2) of this title), on or after the date of enactment of this
paragraph.''; and
(4) by striking ``What constitutes'' through the end and
inserting the following:
``(C) What constitutes a conviction of such a crime or an
adjudication of delinquency shall be determined in accordance with the
law of the jurisdiction in which the proceedings were held. Any State
conviction or adjudication of delinquency which has been expunged or
set aside or for which a person has been pardoned or has had civil
rights restored by the jurisdiction in which the conviction or
adjudication of delinquency occurred shall nevertheless be considered a
conviction or adjudication of delinquency unless--
``(i) the expunction, set aside, pardon or restoration of
civil rights is directed to a specific person;
``(ii) the State authority granting the expunction, set
aside, pardon or restoration of civil rights has expressly
determined that the circumstances regarding the conviction and
the person's record and reputation are such that the person
will not act in a manner dangerous to public safety; and
``(iii) the expunction, set aside, pardon, or restoration
of civil rights expressly authorizes the person to ship,
transport, receive or possess firearms.
The requirement of this subparagraph for an individualized restoration
of rights shall apply whether or not, under State law, the person's
civil rights were taken away by virtue of the conviction or
adjudication.''.
(b) Prohibition.--Section 922 of title 18, United States Code, is
amended--
(1) in subsection (d)--
(A) by striking ``or'' at the end of paragraph (8);
(B) by striking the period at the end of paragraph
(9) and inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) has been an adjudicated delinquent.''; and
(2) in subsection (g)--
(A) by striking ``or'' at the end of paragraph (8);
(B) by striking the comma at the end of paragraph
(9) and inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) who has been adjudicated delinquent,''.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
TITLE II--RESTRICTING YOUTH ACCESS TO FIREARMS
SEC. 201. INCREASING YOUTH GUN SAFETY BY RAISING THE AGE OF HANDGUN
ELIGIBILITY AND PROHIBITING YOUTH FROM POSSESSING
SEMIAUTOMATIC ASSAULT WEAPONS.
Section 922(x) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``juvenile'' and inserting ``person
who is less than 21 years of age'';
(B) by striking ``or'' at the end of subparagraph
(A);
(C) by striking the period at the end of
subparagraph (B) and inserting a semicolon; and
(D) by adding at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.'';
(2) in paragraph (2)--
(A) by striking ``a juvenile'' and inserting ``less
than 21 years of age'';
(B) by striking ``or'' at the end of subparagraph
(A);
(C) by striking the period at the end of
subparagraph (B) and inserting a semicolon; and
(D) by inserting at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding
device.'';
(3) in paragraph (3)(A), by inserting ``temporary'' before
``possession'';
(4) in paragraph (3)(B), by striking ``juvenile'' and
inserting ``person who is less than 21 years of age'';
(5) in paragraph (3)(C), by striking ``juvenile; or'' and
inserting ``person who is less than 21 years of age;'';
(6) by striking subparagraph (D) of paragraph (3) and
inserting the following:
``(D) the possession of a handgun or ammunition by a person
who is less than 21 years of age taken in defense of that
person or other persons against an intruder into the residence
of that person or a residence in which that person is an
invited guest; or'';
(7) by adding at the end of paragraph (3) the following:
``(E) a temporary transfer of a handgun or ammunition to a
person who is at least 18 years of age and less than 21 years
of age, or the temporary use or possession of a handgun or
ammunition by a person who is at least 18 years of age and less
than 21 years of age, if the handgun and ammunition are
possessed and used by the person--
``(i) in the course of employment, in the course of
ranching or farming related to activities at the
residence of the person (or on property used for
ranching or farming at which the person, with the
permission of the property owner or lessee, is
performing activities related to the operation of the
farm or ranch), target practice, hunting, or a course
of instruction in the safe and lawful use of a handgun;
and
``(ii) in accordance with State and local
law.''; and
(8) by amending paragraph (4) to strike ``juvenile''
wherever it appears and insert ``person who is less than 21
years of age''.
SEC. 202. ENHANCED PENALTY FOR YOUTH POSSESSION OF HANDGUNS AND
SEMIAUTOMATIC ASSAULT WEAPONS AND FOR THE TRANSFER OF
SUCH WEAPONS TO YOUTH.
(a) Penalty for Violations of Section 922(x).--Section 924(a)(6) of
title 18, United States Code, is amended--
(1) by striking ``(6)(A)'' and all that follows through the
end of subparagraph (A) and inserting the following:
``(6)(A) A juvenile who violates section 922(x) shall be fined
under this title, imprisoned not more than one year, or both, and for a
second or subsequent violation, or for a first violation committed
after an adjudication of delinquency or after a State or Federal
conviction for an act that, if committed by an adult, would be a
serious violent felony (as defined in section 3559(c) of this title),
shall be fined under this title, imprisoned not more than five years,
or both.'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) A person other than a juvenile who knowingly violates section
922(x)--
``(i) shall be fined under this title, imprisoned not more
than five years, or both; and
``(ii) if the person sold, delivered, or otherwise
transferred a handgun, ammunition, semiautomatic assault
weapon, or large capacity ammunition feeding device to a person
who is less than 21 years of age knowing or having reasonable
cause to know that such person intended to carry or otherwise
possess or discharge or otherwise use the handgun, ammunition,
semiautomatic assault weapon, or large capacity ammunition
feeding device in the commission of a crime of violence, shall
be fined under this title, imprisoned for not more than 10
years, or both.''.
SEC. 203. GUN STORAGE AND SAFETY DEVICES FOR ALL FIREARMS.
(a) Secure Gun Storage or Safety Devices by Federal Firearms
Licensees.--Section 922 of title 18, United States Code, is amended by
adding at the end the following:
``(z) It shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, transfer, or deliver any
firearm to any person (other than a licensed importer, licensed
manufacturer, or licensed dealer) unless the transferee is provided
with a secure gun storage or safety device.''.
(b) Penalties.--Section 924 of title 18, United States Code, is
amended--
(1) in subsection (a)(1) by inserting ``, or (p)'' before
``of this section''; and
(2) by adding at the end the following:
``(p) The Secretary may, after notice and opportunity for hearing,
suspend or revoke any license issued under this chapter or may subject
the licensee to a civil penalty of not more than $10,000 if the holder
of such license has knowingly violated section 922(z) of this chapter.
The Secretary's actions under this subsection may be reviewed only as
provided in section 923(f).''.
(c) Repeal of Inconsistent Provisions.--
(1) Section 923(d)(1) of title 18, United States Code, is
amended--
(A) in subparagraph (E) by adding at the end
``and'';
(B) in subparagraph (F) by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (G).
(2) Section 923(e) of title 18, United States Code, is
amended by striking ``or fails to have secure gun storage or
safety devices available at any place in which firearms are
sold under the license to persons who are not licensees (except
that in any case in which a secure gun storage or safety device
is temporarily unavailable because of theft, casualty loss,
consumer sales, backorders from a manufacturer, or any other
similar reason beyond the control of the licensee, shall not be
considered to be in violation of the requirement to make
available such a device)''.
(3) Section 119 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 1999 (as contained in section 101(b) of division A of the
Omnibus Consolidated and Emergency Supplemental Appropriations
Act, 1999; Public Law 105-277) is amended by striking
subsection (d).
(d) Effective Date.--The amendments made by this section shall be
effective 180 days after the date of enactment of this Act.
SEC. 204. RESPONSIBILITY OF ADULTS FOR DEATH AND INJURY CAUSED BY CHILD
ACCESS TO FIREARMS.
Section 922 of title 18, United States Code, is further amended by
adding at the end the following:
``(aa) Prohibition Against Giving Children Access to Firearms.--
``(1) Definition of child.--In this subsection, the term
`child' means an individual who has not attained the age of 18
years.
``(2) Penalties.--Except as provided in paragraph (3), any
person who--
``(A) keeps a loaded firearm, or an unloaded
firearm and ammunition for the firearm, any one of
which has been shipped or transported in interstate or
foreign commerce, within any premises that is under the
custody or control of that person; and
``(B) knows, or recklessly disregards the risk,
that a child is capable of gaining access to the
firearm; and
``(C)(i) knows, or recklessly disregards the risk,
that a child will use the firearm to cause death or
serious bodily injury (as defined in section 1365 of
this title) to the child or any other person; or
``(ii) knows, or recklessly disregards the risk,
that possession of the firearm by the child is unlawful
under Federal or State law,
if the child uses the firearm to cause death or serious bodily
injury to the child or any other person, shall be imprisoned
not more than 3 years, fined under this title, or both.
``(3) Exceptions.--Paragraph (2) does not apply if--
``(A) at the time the child obtained access, the
firearm was secured with a secure gun storage or safety
device;
``(B) the person is a peace officer, a member of
the Armed Forces, or a member of the National Guard,
and the child obtains the firearm during, or incidental
to, the performance of the official duties of the
person in that capacity;
``(C) the child uses the firearm in a lawful act of
self-defense or defense of 1 or more other persons; or
``(D) the person has no reasonable expectation,
based on objective facts and circumstances, that a
child is likely to be present on the premises on which
the firearm is kept.''.
TITLE III--COMBATING ILLEGAL TRAFFICKING IN GUNS
Subtitle A--Restricting the Sources of Illegal Guns
SEC. 301. PREVENTING GUN TRAFFICKING BY RESTRICTING HANDGUN TRANSFERS
TO ONE PER MONTH.
(a) Section 922 of title 18, United States Code, is further amended
by adding at the end the following:
``(bb)(1) The Congress finds and declares that--
``(A) crime, particularly crime involving drugs and guns,
is a pervasive, nationwide problem;
``(B) crime at the local level is exacerbated by the
interstate movement of drugs, guns, and criminal gangs;
``(C) firearms and ammunition move easily in interstate
commerce;
``(D) the illegal movement of firearms, and handguns in
particular, across state lines is a widespread and pervasive
national problem;
``(E) handguns (even when lawfully purchased) are
unlawfully transported across state lines by gun traffickers
and are illegally sold to prohibited persons;
``(F) in fact, even before a firearm is illegally sold by a
trafficker, the gun, its component parts, ammunition, and the
raw materials from which it is made have moved in interstate
commerce;
``(G) law-abiding persons may fear to travel interstate or
to or through certain parts of the country due to concern about
violent crime and gun violence;
``(H) the illegal movement of handguns across state lines
substantially affects the national market for firearms, because
handguns sold in one State in which there are few restrictions
provide a convenient source for the acquisition of handguns by
gun traffickers who transport the handguns to jurisdictions
with stronger restrictions;
``(I) the unlawful sale of firearms by traffickers provides
a method by which firearms can be bought and sold anonymously,
without background checks and without record-keeping
requirements to enable gun tracing;
``(J) handguns sold by traffickers are often obtained by
criminals and other prohibited persons who frequently use guns
that cannot be traced to commit crimes;
``(K) handgun violence is a pervasive, national problem
that is exacerbated by the availability of handguns through gun
traffickers;
``(L) firearms from traffickers have been involved in
subsequent crimes including drug offenses, crimes of violence,
property crimes, and illegal possession by felons and other
prohibited persons;
``(M) because gun trafficking is often an interstate
activity, individual States and localities are often severely
hampered in combating illegal handgun purchases--even States
and localities that have made strong efforts to prevent,
detect, and punish gun-related crime and illegal trafficking of
firearms--as a result of the failure or inability of other
States or localities to take strong measures; and
``(N) the Congress has the power, under the interstate
commerce clause and other provisions of the Constitution, to
ensure, by enactment of this section, that criminals and other
prohibited persons do not obtain firearms through gun
traffickers.
``(2) It shall be unlawful for any person--
``(A) during any 30-day period, to sell, deliver or
transfer 2 or more handguns to any single person (other than a
licensed importer, licensed manufacturer, or licensed dealer),
or
``(B) to sell, deliver or transfer a handgun to any single
person (other than a licensed importer, licensed manufacturer,
or licensed dealer), knowing or having reasonable cause to
believe that the transferee has already received one or more
handguns within the previous 30 days.
``(3) It shall be unlawful for any person (other than a licensed
importer, licensed manufacturer, or licensed dealer) to receive more
than one handgun within any 30-day period.
``(4) Under such rules and regulations as the Secretary shall
prescribe, paragraphs (2) and (3) shall not apply to--
``(A) handguns transferred to or received by qualified
private security companies licensed to do business within the
State where the transfer occurs for use by the company in its
security operations, provided that any handgun transferred
under this subsection is transferred through a licensed dealer
located in the State where the security company is licensed to
do business;
``(B) the disposition made of a handgun delivered to a
person licensed under section 923 for the sole purpose of
repair or customizing when such handgun or a replacement
handgun of the same kind and type is returned to the person
from whom it was received;
``(C) the loan or rental of a single handgun from a person
licensed under section 923, provided that the recipient
possesses no more than one such loaned or rented handgun at any
one time;
``(D) the redemption of pawned handguns from a person
licensed under section 923 by the person from whom the handguns
were received;
``(E) the receipt of curio or relic handguns by a licensed
collector;
``(F) the receipt of a single handgun from a person
licensed under section 923 to replace a lost or stolen handgun
of the same kind or type, where the transferee has submitted to
the licensee a copy of an official police report establishing
the loss or theft of a handgun or handguns;
``(G) the transfer of handguns by bequest;
``(H) the transfer of handguns to a member of the
transferor's immediate family; (for purposes of this section,
the term `immediate family' means the transferor's spouse,
child, parent, stepparent, grandparent, grandchild, brother, or
sister); or
``(I) the transfer of all or part of a personal firearms
collection (as that term is defined in regulations to be
prescribed by the Secretary) that includes handguns, provided
that the handguns in the collection are transferred through a
licensed importer, manufacturer, or dealer located in the State
where the transferee resides.''.
(b) Penalties.--Section 924(a)(2) of title 18, United States Code,
is amended by striking ``or (o)'' and inserting ``(o), or (bb)''.
(c) Increased Penalties for Licensees Who Knowingly Make False
Statements in Required Records.--
(1) Section 924(a)(3) of title 18, United States Code, is
amended by striking ``(A)'', by striking ``or'' after
``chapter'', by striking all of subsection (B), and by striking
``one year'' and inserting ``five years''.
(2) Section 924(a) of title 18, United States Code, as
amended by section 102(b) and (c) of this Act, is amended by
adding at the end the following:
``(9) Any licensed dealer, licensed importer, licensed
manufacturer, or licensed collector who knowingly violates subsection
(m) of section 922 shall be fined under this title, imprisoned not more
than one year, or both.''.
(d) Conforming Changes to the Brady Law.--Section 922(t) of title
18, United States Code, as amended by section 103(e) of this Act is
amended--
(1) in paragraph (1)(B)(ii), by striking ``(g) or (n)'' and
inserting ``(g), (n), or (bb)'';
(2) in paragraph (2), by striking ``(g) or (n)'' and
inserting ``(g), (n), or (bb)'';
(3) in paragraph (3), by striking subparagraph (A) and
redesignating subparagraphs (B) and (C) as subparagraphs (A)
and (B), respectively;
(4) in paragraph (4), by striking ``(g) or (n)'' and
inserting ``(g), (n), or (bb)''; and
(5) by adding at the end the following:
``(10) A licensee must, within three days of receiving a request
from the prospective transferee, notify the national instant criminal
background check system of any background check conducted pursuant to
this section within the previous 30 days that did not result in the
transfer of a handgun.
``(11) Information that is retained pursuant to Public Law 103-159
may be used to effectuate section 922(bb).''.
(e) Effective Date.--The Secretary, in consultation with the
Attorney General, shall determine, and publish in the Federal Register,
the date on which this subsection shall become effective.
SEC. 302. SECURE STORAGE OF FIREARMS INVENTORIES.
(a) Storage Requirements.--Section 923 of title 18, United States
Code is amended by adding at the end the following:
``(m) It shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer (other than a dealer as defined in
section 921(a)(11)(B)) to store any firearms in their business
inventory in a manner not in conformity with regulations issued by the
Secretary. In issuing such regulations, the Secretary shall take into
consideration the type and quantity of the firearms to be stored, as
well as the standards of safety and security recognized in the firearms
industry.''.
(b) Penalties.--Section 924 of title 18, United States Code, as
amended by section 203(b) of this Act, is amended--
(1) in subsection (a)(1) by inserting ``(o),'' before
``(p)''; and
(2) by adding at the end the following:
``(o) The Secretary may, after notice and opportunity for hearing,
suspend or revoke any license issued under this chapter or may subject
the licensee to a civil penalty of not more than $10,000 if the holder
of such license has knowingly violated section 923(m). The Secretary's
actions under this subsection may be reviewed only as provided in
section 923(f).''.
(c) Condition of Licensing.--Section 923(d)(1)(F) of title 18,
United States Code is amended--
(1) in clause (ii)(II), by striking ``and'' the second
place it appears;
(2) in clause (iii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(iv) within 30 days after the application is approved the
firearms inventory of the business will be stored in compliance
with section 923(m) and regulations issued thereunder; and''.
(d) Effective Date.--The amendments made by this section shall be
effective 180 days after the date of enactment.
SEC. 303. REQUIRING THEFTS FROM COMMON CARRIERS TO BE REPORTED.
(a) Section 922(f) of title 18, United States Code, is amended by
adding at the end the following:
``(3)(A) It shall be unlawful for any common or contract carrier to
fail to report the theft or loss of a firearm within 48 hours after the
theft or loss is discovered. The theft or loss shall be reported to the
Secretary and to the appropriate local authorities.
``(B) The Secretary may impose a civil fine of not more than
$10,000 on any person who knowingly violates subparagraph (A).''.
(b) Section 924(a)(1)(B) of title 18, United States Code, is
amended by striking ``(f),'' and inserting ``(f)(1), (f)(2),''.
SEC. 304. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF
FIREARMS DEALERS.
Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is
amended by striking ``once'' and inserting in its place ``three
times''.
SEC. 305. TRANSFER OF FIREARM TO COMMIT A CRIME OF VIOLENCE.
Section 924(h) of title 18, United States Code, is amended by
inserting ``or having reasonable cause to believe'' after ``knowing''.
SEC. 306. LICENSEE REPORTS OF SECONDHAND FIREARMS.
(a) In General.--Section 923(g) of title 18, United States Code, is
amended by adding at the end the following new paragraph:
``(8) Licensed importers, licensed manufacturers, and licensed
dealers shall submit to the Secretary monthly reports of all firearms
obtained from non-licensees. Such information shall be reported on a
form to be specified by the Secretary by regulation. Such reports shall
not include the name of or identifying information about the firearm
transferors or subsequent purchasers.''.
(b) Effective Date.--This section shall be effective 180 days after
the date of the enactment of this Act.
SEC. 307. VOLUNTARY SUBMISSION OF DEALER'S RECORDS.
Section 923(g)(4) of title 18, United States Code, is amended to
read as follows:
``(4) Where a firearms or ammunition business is discontinued and
succeeded by a new licensee, the records required to be kept by this
chapter shall appropriately reflect such facts and shall be delivered
to the successor. Upon receipt of such records the successor licensee
may retain the records of the discontinued business or submit the
discontinued business records to the Secretary. Additionally, a
licensee while maintaining a firearms business may voluntarily submit
the records required to be kept by this chapter to the Secretary if
such records are at least 20 years old. Where discontinuance of the
business is absolute, such records shall be delivered within thirty
days after the business is discontinued to the Secretary. Where State
law or local ordinance requires the delivery of records to another
responsible authority, the Secretary may arrange for the delivery of
such records to such other responsible authority.''.
Subtitle B--Enhancing Penalties for Gun Trafficking
SEC. 308. INCREASING PENALTIES ON GUN KINGPINS.
(a) Increasing the Penalty for Engaging in an Illegal Firearms
Business.--Section 924(a)(2) of title 18, United States Code, as
amended by section 301(b) of this Act, is amended to read as follows:
``(2) Whoever--
``(A) knowingly violates subsection (a)(6), (d), (g), (h),
(i), (j), (o), or (bb) of section 922; or
``(B) willfully violates subsection (a)(1) of section 922,
shall be fined as provided in this title, imprisoned not more than 10
years, or both.''.
(b) Sentencing Guidelines Increase for Certain Violations and
Offenses.--Pursuant to its authority under section 994(p) of title 28,
United States Code, the United States Sentencing Commission shall--
(1) review and amend the Federal sentencing guidelines to
provide an appropriate enhancement for a violation of 18 U.S.C.
section 922(a)(1); and
(2) review and amend the Federal sentencing guidelines to
provide additional sentencing increases, as appropriate, for
offenses involving more than 50 firearms.
The Commission shall promulgate the amendments provided for under this
subsection as soon as is practicable in accordance with the procedure
set forth in section 21(a) of the Sentencing Act of 1987, as though the
authority under that Act had not expired.
SEC. 309. SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING.
Section 924(a)(3) of title 18, United States Code, as amended by
section 301(c)(1) of this Act, is amended by striking the period and
inserting ``; but if the violation is in relation to an offense under
subsection (a)(6) or (d) of section 922, shall be fined under this
title, imprisoned not more than ten years, or both.''.
SEC. 310. SUSPENSION OF FIREARMS DEALER'S LICENSE AND CIVIL PENALTIES
FOR VIOLATIONS OF THE GUN CONTROL ACT.
Subsections (e) and (f) of section 923 of title 18, United States
Code, are amended to read as follows:
``(e) The Secretary may, after notice and opportunity for hearing,
suspend or revoke any license issued under this section, or may subject
the licensee to a civil penalty of not more than $10,000 per violation,
if the holder of such license has willfully violated any provision of
this chapter or any rule or regulation prescribed by the Secretary
under this chapter. The Secretary may, after notice and opportunity for
hearing, suspend or revoke the license of, or assess a civil penalty of
not more than $10,000 on, a dealer who willfully transfers armor
piercing ammunition. The Secretary may at any time compromise,
mitigate, or remit the liability with respect to any willful violation
of this chapter or any rule or regulation prescribed by the Secretary
under this chapter. The Secretary's actions under this subsection may
be reviewed only as provided in subsection (f) of this section.
``(f)(1) Any person whose application for a license is denied and
any holder of a license which is suspended or revoked or who is
assessed a civil penalty shall receive a written notice from the
Secretary stating specifically the grounds upon which the application
was denied or upon which the license was suspended or revoked or the
civil penalty assessed. Any notice of a suspension or revocation of a
license shall be given to the holder of such license before the
effective date of the suspension or revocation.
``(2) If the Secretary denies an application for a license, or
suspends or revokes a license, or assesses a civil penalty, he shall,
upon request by the aggrieved party, promptly hold a hearing to review
his denial, suspension, revocation, or assessment. In the case of a
suspension or revocation of a license, the Secretary shall, upon the
request of the holder of the license, stay the effective date of the
suspension or revocation. A hearing under this paragraph shall be held
at a location convenient to the aggrieved party.
``(3) If after a hearing held under paragraph (2) the Secretary
decides not to reverse his decision to deny an application or suspend
or revoke a license or assess a civil penalty, the Secretary shall give
notice of his decision to the aggrieved party. The aggrieved party may
at any time within sixty days after the date notice was given under
this paragraph file a petition with the United States district court
for the district in which he resides or has his principal place of
business for a de novo judicial review of such denial, suspension,
revocation, or assessment. In a proceeding conducted under this
subsection, the court may consider any evidence submitted by the
parties to the proceeding whether or not such evidence was considered
at the hearing held under paragraph (2). If the court decides that the
Secretary was not authorized to deny the application or to suspend or
revoke the license or to assess the civil penalty, the court shall
order the Secretary to take such action as may be necessary to comply
with the judgment of the court.''.
SEC. 311. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY
CONVICTION.
Section 925(b) of title 18, United States Code, is amended by
striking ``until any conviction pursuant to the indictment becomes
final'' and inserting ``until the date of any conviction pursuant to
the indictment''.
SEC. 312. INCREASED PENALTY FOR TRANSACTIONS INVOLVING FIREARMS WITH
OBLITERATED SERIAL NUMBERS.
Section 924(a) of title 18, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``(k),''; and
(2) in paragraph (2), by inserting ``(k),'' after ``(j),''.
SEC. 313. FORFEITURE FOR GUN TRAFFICKING.
(a) Civil Forfeiture.--Section 981(a)(1) of title 18, United States
Code, is amended by adding at the end the following:
``(G)(i) Any conveyance used or intended to be used to
commit a gun trafficking offense, or conspiracy to commit such
offense, and any property traceable to such property.
``(ii) For the purposes of this section, a gun trafficking
offense is a violation of any of the following sections of this
title involving five or more firearms: section 922(i)
(transporting stolen firearms); section 924(g) (travel with a
firearm in furtherance of racketeering); section 924(l)
(stealing a firearm); and section 924(n) (interstate travel to
promote firearms trafficking).''.
(b) Criminal Forfeiture.--Section 982(a) of title 18, United States
Code, is amended by adding at the end the following:
``(9) The court, in imposing a sentence on a person convicted of a
gun trafficking offense, as defined in section 981(a)(1)(G), or a
conspiracy to commit such offense, shall order the person to forfeit to
the United States any conveyance used or intended to be used to commit
such offense, and any property traceable to such conveyance.''.
SEC. 314. AUTHORIZATION OF APPRORIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
TITLE IV--STRENGTHENING THE ASSAULT WEAPONS BAN
SEC. 401. BAN ON IMPORTING LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) Section 922(w) of title 18, United States Code, is amended --
(1) in paragraph (1), by striking ``(1) Except as provided
in paragraph (2)'' and inserting ``(1)(A) Except as provided in
subparagraph (B)'';
(2) in paragraph (2), by striking ``(2) Paragraph (1)'' and
inserting ``(B) Subparagraph (A)'';
(3) in paragraph (1)(B) (as so redesignated by paragraph
(2) of this subsection)--
(A) by inserting ``in the United States'' after
``possessed''; and
(B) by inserting before the period the following:
``or lawfully imported on or before the date of the
enactment of the Youth Gun Crime Enforcement Act of
1999'';
(4) by inserting before paragraph (3) the following:
``(2) Except as provided in paragraph (3), it shall be unlawful for
any person to import a large capacity ammunition feeding device.''; and
(5) in paragraph (4)--
(A) by striking ``(1)'' each place it appears and
inserting ``(1)(A)''; and
(B) by striking ``(2)'' and inserting ``(1)(B)''.
(b) Section 921(a)(31) of title 18, United States Code, is amended
by striking ``manufactured after the date of enactment of the Violent
Crime Control and Law Enforcement Act of 1994''.
TITLE V--COMBATING CRIMINAL MISUSE OF FIREARMS
SEC. 501. CERTAIN GANG-RELATED FIREARMS OFFENSES AS RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is amended by
inserting after ``891-894 (relating to extortionate credit
transactions),'' the following: ``section 924(a) insofar as such
offense is a violation of section 922(a)(1), (a)(6), (i), (j), (k),
(o), (q), (u), (v), or (x)(1), or section 924(b), (g), (h), (k), (l),
(m), or (n) (relating to firearms violations),''.
SEC. 502. INCREASED PENALTY FOR FIREARMS CONSPIRACY.
Section 924 of title 18, United States Code, is further amended by
adding at the end the following:
``(q) Except as otherwise provided in this section, a person who
conspires to commit an offense defined in this chapter shall be subject
to the same penalties (other than the penalty of death) as those
prescribed for the offense the commission of which is the object of the
conspiracy.''.
SEC. 503. GUN CONVICTIONS AS PREDICATE CRIMES FOR ARMED CAREER CRIMINAL
ACT.
(a) Section 924(e)(1) of title 18, United States Code, is amended--
(1) by striking ``violent felony or a serious drug offense,
or both,'' and inserting ``violent felony, a serious drug
offense or a violation of section 922(g)(1), or a combination
of such offenses,''; and
(2) by adding at the end the following: ``No more than two
convictions for violations of section 922(g)(1) shall be
considered in determining whether a person has three previous
convictions for purposes of this subsection.''.
SEC. 504. SERIOUS JUVENILE DRUG TRAFFICKING OFFENSES AS ARMED CAREER
CRIMINAL ACT PREDICATES.
Section 924(e)(2)(C) of title 18, United States Code, is amended by
inserting ``or serious drug offense'' after ``violent felony''.
SEC. 505. LIMITATION PERIOD FOR NATIONAL FIREARMS ACT PROSECUTIONS.
Section 6531 of the Internal Revenue Code of 1986 (26 U.S.C. 6531)
is amended by amending the matter preceding paragraph (1) to read as
follows:
``No person shall be prosecuted, tried, or punished for any of the
various offenses arising under the internal revenue laws unless the
indictment is found or the information instituted within 3 years next
after the commission of the offense, except that the period of
limitation--
``(a) shall be 5 years for offenses described in section 5861
(relating to firearms); and
``(b) shall be 6 years--
SEC. 506. FORFEITURE OF FIREARMS USED IN CRIMES OF VIOLENCE AND
FELONIES.
(a) Civil Forfeiture.--Section 981(a)(1) of title 18, United States
Code, is further amended by inserting after subparagraph (G) the
following:
``(H) Any firearm (as defined in section 921(a)(3) of this
title) used or intended to be used to commit or to facilitate
the commission of any crime of violence (as defined in section
16 of this title) or any felony under Federal law.''.
(b) Criminal Forfeiture.--Section 982(a) of title 18, United States
Code, is amended by inserting after paragraph (9) the following:
``(10) The court, in imposing a sentence on a person convicted of
any crime of violence (as defined in section 16 of this title) or any
felony under Federal law, shall order that the person forfeit to the
United States any firearm (as defined in section 921(a)(3) of this
title) used or intended to be used to commit or to facilitate the
commission of the offense.''.
(c) Disposal of Property.--Section 981(c) of title 18, United
States Code, is amended by adding at the end the following flush
sentence:
``Any firearm forfeited pursuant to subsection (a)(1)(H) or section
982(a)(10) of this title shall be disposed of by the seizing agency in
accordance with law.''.
(d) Authority To Forfeit Property Under Section 924(d).--Section
924(d) of title 18, United States Code, is amended by adding at the end
the following:
``(4) Whenever any firearm is subject to forfeiture under this
section, the Secretary of the Treasury shall have the authority to
seize and forfeit, in accordance with the procedures of the applicable
forfeiture statute, any property otherwise forfeitable under the laws
of the United States that was involved in or derived from the crime of
violence or drug trafficking crime described in subsection (c) in which
the forfeited firearm was used or carried.''.
(e) 120-Day Rule for Administrative Forfeiture.--Section 924(d)(1)
of title 18, United States Code, is amended by adding
``administrative'' after ``Any'' in the last sentence.
(f) Section 3665.--Section 3665 of title 18, United States Code, is
amended--
(1) by redesignating the first undesignated paragraph as
subsection (a)(1) and the second undesignated paragraph as
subsection (a)(2); and
(2) by adding at the end the following:
``(b) The forfeiture of property under this section, including any
seizure and disposition of the property and any related administrative
or judicial proceeding, shall be governed by the provisions of section
413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. 853), except for subsection 413(d) which shall not apply to
forfeitures under this section.''.
SEC 507. SEPARATE LICENSES FOR GUNSMITHS.
(a) Section 921(a)(11) of title 18, United States Code, is amended
to read as follows:
``(11) The term `dealer' means (A) any person engaged in the
business as a firearms dealer, (B) any person engaged in the business
as a gunsmith, or (C) any person who is a pawnbroker. The term
`licensed dealer' means any dealer who is licensed under the provisions
of this chapter.''.
(b) Section 921(a) of title 18, United States Code, is amended by
redesignating paragraphs (12) through (33) as paragraphs (14) through
(35), and by inserting after paragraph (11) the following:
``(12) The term `firearms dealer' means any person who is
engaged in the business of selling firearms at wholesale or
retail.
``(13) The term `gunsmith' means any person who, other than
a licensed firearms manufacturer, importer or dealer, is
engaged in the business of repairing firearms or of making or
fitting special barrels, stocks or trigger mechanisms to
firearms.''.
(c) Section 923(a)(3) of title 18, United States Code is amended to
read as follows:
``(3) If the applicant is a dealer who is--
``(A) a dealer in destructive devices or ammunition
for destructive devices, a fee of $1,000 per year;
``(B) a dealer in firearms who is not a dealer in
destructive devices, a fee of $200 for 3 years, except
that the fee for renewal of a valid license shall be
$90 for 3 years; or
``(C) a gunsmith, a fee of $100 for 3 years, except
that the fee for renewal of a valid license shall be
$50 for 3 years.''.
TITLE VI--ENHANCED FIREARMS ENFORCEMENT
SEC. 601. ADDITIONAL SUPPORT FOR ENHANCED FIREARMS PROSECUTION
PROJECTS.
To provide additional funding for intensive firearms prosecution
projects implemented by the Department of Justice, there are authorized
to be appropriated $5,000,000 for fiscal year 2000.
SEC. 602. YOUTH CRIME GUN INTERDICTION INITIATIVE (YCGII).
(a) In General.--The Secretary of the Treasury shall expand--
(1) to 75 the number of city and county law enforcement
agencies that through the Youth Crime Gun Interdiction
Initiative (referred to in this section as ``YGCII'') submit
identifying information relating to all firearms recovered
during law enforcement investigations, including from
individuals under age 25, to the Secretary of the Treasury to
identify the types and origins of such firearms; and
(2) the resources devoted to law enforcement investigations
of illegal youth possessors and users and of illegal firearms
traffickers identified through YCGII, including through the
hiring of additional agents, inspectors, intelligence analysts
and support personnel.
(b) Selection of Participants.--The Secretary of the Treasury, in
consultation with Federal, State, and local law enforcement officials,
shall select cities and counties for participation in the program
established under this section.
(c) Establishment of System.--The Secretary of the Treasury shall
establish a system through which State and local law enforcement
agencies, through on-line computer technology, can promptly provide
firearms-related information to the Secretary of the Treasury and
access information derived through YCGII as soon as such capability is
available. Not later than 6 months after the date of enactment of this
Act, the Secretary shall submit to the Chairman and Ranking Member of
the Committees on Appropriations of the House of Representatives and
the Senate, a report explaining the capacity to provide such on-line
access and the future technical and, if necessary, legal changes
required to make such capability available, including cost estimates.
(d) Report.--Not later than one year after the date of enactment of
this section, and annually thereafter, the Secretary of the Treasury
shall submit to the Chairman and Ranking Member of the Committees on
Appropriations of the House of Representatives and the Senate a report
regarding the types and sources of firearms recovered from individuals,
including those under the age of 25; regional, State and national
firearms trafficking trends; and the number of investigations and
arrests resulting from YCGII.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of the Treasury to carry out this
section such sums as may be necessary for fiscal years 2001 through
2004.
TITLE VII--COMBATING CRIMINAL MISUSE OF EXPLOSIVES
SEC. 701. PERMITS AND BACKGROUND CHECKS FOR PURCHASES OF EXPLOSIVES.
(a) Permits for Purchase of Explosives in General.--Section 842 of
title 18, United States Code, is amended--
(1) by amending subparagraphs (A) and (B) of subsection
(a)(3) to read as follows:
``(A) to transport, ship, cause to be transported,
or receive any explosive materials; or
``(B) to distribute explosive materials to any
person other than a licensee or permittee.''; and
(2) in subsection (b)--
(A) by adding ``or'' at the end of paragraph (1);
(B) by striking ``; or'' at the end of paragraph
(2) and inserting a period; and
(C) by striking paragraph (3).
(b) Background Checks.--Section 842 of title 18, United States
Code, is amended by adding at the end the following:
``(p)(1) A licensed importer, licensed manufacturer, or licensed
dealer shall not transfer explosive materials to any other person who
is not a licensee under section 843 of this chapter unless--
``(A) before the completion of the transfer, the licensee
contacts the national instant criminal background check system
established under section 103(d) of the Brady Handgun Violence
Prevention Act;
``(B)(i) the system provides the licensee with a unique
identification number; or
``(ii) 5 business days (meaning a day on which State
offices are open) have elapsed since the licensee contacted the
system, and the system has not notified the licensee that the
receipt of explosive materials by such other person would
violate subsection (i) of this section;
``(C) the transferor has verified the identity of the
transferee by examining a valid identification document (as
defined in section 1038(d)(1) of this title) of the transferee
containing a photograph of the transferee; and
``(D) the transferor has examined the permit issued to the
transferee pursuant to section 843 of this title and recorded
the permit number on the record of the transfer.
``(2) If receipt of explosive materials would not violate section
842(i) or State law, the system shall--
``(A) assign a unique identification number to the
transfer; and
``(B) provide the licensee with the number.
``(3) Paragraph (1) shall not apply to the transfer of explosive
materials between a licensee and another person if on application of
the transferor, the Secretary has certified that compliance with
paragraph (1)(A) is impracticable because--
``(A) the ratio of the number of law enforcement officers
of the State in which the transfer is to occur to the number of
square miles of land area of the State does not exceed 0.0025;
``(B) the business premises of the licensee at which the
transfer is to occur are extremely remote in relation to the
chief law enforcement officer (as defined in subsection
(p)(8)); and
``(C) there is an absence of telecommunications facilities
in the geographical area in which the business premises are
located.
``(4) If the national instant criminal background check system
notifies the licensee that the information available to the system does
not demonstrate that the receipt of explosive materials by such other
person would violate subsection (i) or State law, and the licensee
transfers explosive materials to such other person, the licensee shall
include in the record of the transfer the unique identification number
provided by the system with respect to the transfer.
``(5) If the licensee knowingly transfers explosive materials to
such other person and knowingly fails to comply with paragraph (1) of
this subsection with respect to the transfer, the Secretary may, after
notice and opportunity for a hearing, suspend for not more than 6
months or revoke any license issued to the licensee under section 843
and may impose on the licensee a civil fine of not more than $5,000.
``(6) Neither a local government nor an employee of the Federal
Government or of any State or local government, responsible for
providing information to the national instant criminal background check
system shall be liable in an action at law for damages--
``(A) for failure to prevent the sale or transfer of
explosive materials to a person whose receipt or possession of
the explosive materials is unlawful under this section; or
``(B) for preventing such a sale or transfer to a person
who may lawfully receive or possess explosive materials.''.
(c) Administrative Provisions.--
(1) Written reasons provided on request.--If the national
instant criminal background check system determines that an
individual is ineligible to receive explosive materials and the
individual requests the system to provide the reasons for the
determination, the system shall provide such reasons to the
individual, in writing, within 5 business days after the date
of the request.
(2) Correction of erroneous system information.--If the
system established under subsection (b) of section 1 informs an
individual contacting the system that receipt of explosive
materials by a prospective transferee would violate subsection
(i) of section 842 of title 18, United States Code, or State
law, the prospective transferee may request the Attorney
General to provide the prospective transferee with the reasons
therefor. Upon receipt of such a request, the Attorney General
shall immediately comply with the request. The prospective
transferee may submit to the Attorney General information to
correct, clarify, or supplement records of the system with
respect to the prospective transferee. After receipt of such
information, the Attorney General shall immediately consider
the information, investigate the matter further, and correct
all erroneous Federal records relating to the prospective
transferee and give notice of the error to any Federal
department or agency or any State that was the source of such
erroneous records.
(d) Remedy for Erroneous Denial of Explosive Materials.--
(1) In general.--Chapter 40 of title 18, United States
Code, is amended by inserting after section 843 the following:
``Sec. 843A. Remedy for erroneous denial of explosive materials
``Any person denied explosive materials pursuant to subsection (p)
of section 842--
``(1) due to the provision of erroneous information
relating to the person by any State or political subdivision
thereof, or by the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act; or
``(2) who was not prohibited from receipt of explosive
materials pursuant to subsection (i) of section 842, may bring
an action against the State or political subdivision
responsible for providing the erroneous information, or
responsible for denying the transfer, or against the United
States, as the case may be, for an order directing that the
erroneous information be corrected or that the transfer be
approved, as the case may be. In any action under this section,
the court, in its discretion, may allow the prevailing party a
reasonable attorney's fee as part of the costs.''.
(2) Technical amendment.--The section analysis for chapter
40 of title 18, United States Code, is amended by inserting
after the item relating to section 843 the following:
``843A. Remedy for erroneous denial of explosive materials.''.
(e) Regulations.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of the Treasury shall
issue final regulations with respect to the amendments made by
subsection (a).
(2) Notice to states.--On the issuance of regulations
pursuant to paragraph (1), the Secretary of the Treasury shall
notify the States of the regulations so that the States may
consider revising their explosives laws.
(f) Licenses and User Permits.--Section 843(a) of title 18, United
States Code, is amended--
(1) by inserting ``, including fingerprints and a
photograph of the applicant'' before the period at the end of
the first sentence; and
(2) by striking the second sentence and inserting, ``Each
applicant for a license shall pay for each license a fee
established by the Secretary that shall not exceed $300. Each
applicant for a permit shall pay for each permit a fee
established by the Secretary that shall not exceed $100.''.
(g) Penalties.--Section 844 of title 18, United States Code, is
amended--
(1) by redesignating subsection (a) as subsection (a)(1);
and
(2) by inserting after subsection (a)(1) the following new
paragraph:
``(2) Any person who violates subsection (p) of section 842 shall
be fined under this title, imprisoned for not more than 5 years, or
both.''.
(h) Effective Date.--The amendments made by subsections (a), (b),
(c), (d), and (g) shall take effect 18 months after the date of
enactment of the Act.
SEC. 702. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING EXPLOSIVES.
(a) Distribution of Explosives.--Section 842(d) of title 18, United
States Code, is amended--
(1) in paragraph (5), by striking ``or'' at the end;
(2) in paragraph (6), by striking the period and inserting
``or who has been committed to a mental institution;''; and
(3) by adding at the end the following:
``(7) being an alien--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in subsection (q)(2), has
been admitted to the United States under a nonimmigrant
visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26)));
``(8) has been discharged from the Armed Forces under
dishonorable conditions;
``(9) having been a citizen of the United States, has
renounced his citizenship; and
``(10) is subject to a court order that--
``(A) was issued after a hearing of which such
person received actual notice, and at which such person
had an opportunity to participate;
``(B) restrains such person from harassing,
stalking, or threatening an intimate partner of such
person or child of such intimate partner or person, or
engaging in other conduct that would place an intimate
partner in reasonable fear of bodily injury to the
partner or child; and
``(C)(i) includes a finding that such person
represents a credible threat to the physical safety of
such intimate partner or child; or
``(ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury;
``(11) has been convicted in any court of a misdemeanor
crime of domestic violence; or
``(12) has been adjudicated delinquent.''.
(b) Possession of Explosives.--Section 842(i) of title 18, United
States Code, is amended--
(1) in paragraph (3), by striking ``or'' at the end; and
(2) by adding at the end the following:
``(5) who, being an alien--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in subsection (q)(2), has
been admitted to the United States under a non-
immigrant visa (as that term is defined in section
101(a)(26) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(26)));
``(6) who has been discharged from the Armed Forces under
dishonorable conditions;
``(7) who, having been a citizen of the United States, has
renounced his citizenship;
``(8) who is subject to a court order that--
``(A) was issued after a hearing of which such
person received actual notice, and at which such person
had an opportunity to participate;
``(B) restrains such person from harassing,
stalking, or threatening an intimate partner of such
person or child of such intimate partner or person, or
engaging in other conduct that would place an intimate
partner in reasonable fear of bodily injury to the
partner or child; and
``(C)(i) includes a finding that such person
represents a credible threat to the physical safety of
such intimate partner or child; or
``(ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury;
``(9) who has been convicted in any court of a misdemeanor
crime of domestic violence; or
``(10) who has been adjudicated delinquent.''.
(c) Definition.--Section 841 of title 18, United States Code, is
amended by adding at the end the following:
``(r)(1) Except as provided in paragraph (2), the term `misdemeanor
crime of domestic violence' means an offense that--
``(A) is a misdemeanor under Federal or State law; and
``(B) has, as an element, the use or attempted use of
physical force, or the threatened use of a deadly weapon,
committed by a current or former spouse, parent, or guardian of
the victim, by a person with whom the victim shares a child in
common, by a person who is cohabiting with or has cohabited
with the victim as a spouse, parent, or guardian, or by a
person similarly situated to a spouse, parent, or guardian of
the victim.
``(2)(A) A person shall not be considered to have been convicted of
such an offense for purposes of this chapter, unless--
``(i) the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in the
case; and
``(ii) in the case of a prosecution for an offense
described in this paragraph for which a person was entitled to
a jury trial in the jurisdiction in which the case was tried--
``(I) the case was tried by a jury; or
``(II) the person knowingly and intelligently
waived the right to have the case tried by jury, by
guilty plea or otherwise.
``(B) A person shall not be considered to have been convicted of
such an offense for purposes of this chapter if the conviction has been
expunged or set aside, or is an offense for which the person has been
pardoned or has had civil rights restored (if the law of the applicable
jurisdiction provides for the loss of civil rights under such an
offense) unless the pardon, expungement, or restoration of civil rights
expressly provides that the person may not ship, transport, possess, or
receive firearms.
``(s) `Adjudicated delinquent' means an adjudication of delinquency
based upon a finding of the commission of an act by a person prior to
his or her eighteenth birthday that, if committed by an adult, would be
a serious drug offense or violent felony (as defined in section
3559(c)(2) of this title), on or after the date of enactment of this
paragraph.''.
(d) Aliens Admitted Under Nonimmigrant Visas.--Section 842 is
amended by adding at the end the following:
``(r) Provisions Relating to Aliens Admitted Under Nonimmigrant
Visas.--
``(1) Definitions.--In this subsection--
``(A) the term `alien' has the same meaning as in
section 101(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(3)); and
``(B) the term `nonimmigrant visa' has the same
meaning as in section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)).
``(2) Exception.--Sections (d)(7)(B) and (i)(5)(B) do not
apply to any alien who has been lawfully admitted to the United
States under a nonimmigrant visa, if that alien is a foreign
law enforcement officer of a friendly foreign government
entering the United States on official law enforcement
business.
``(3) Waiver.--
``(A) Conditions for waiver.--Any individual who
has been admitted to the United States under a
nonimmigrant visa may receive a waiver from the
requirements of subsection (i)(5)(B), if--
``(i) the individual submits to the
Attorney General a petition that meets the
requirements of subparagraph (C); and
``(ii) the Attorney General approves the
petition.
``(B) Petition.--Each petition under subparagraph
(B) shall--
``(i) demonstrate that the petitioner has
resided in the United States for a continuous
period of not less than 180 days before the
date on which the petition is submitted under
this paragraph; and
``(ii) include a written statement from the
embassy or consulate of the petitioner,
authorizing the petitioner to acquire
explosives and certifying that the alien would
not, absent the application of subsection
(i)(5)(B), otherwise be prohibited from such an
acquisition under subsection (i).
``(C) Approval of petition.--The Attorney General
shall approve a petition submitted in accordance with
this paragraph, if the Attorney General determines that
waiving the requirements of subsection (i)(5)(B) with
respect to the petitioner--
``(i) would be in the interests of justice;
and
``(ii) would not jeopardize the public
safety.''.
(e) Conforming Amendment.--Section 845 of title 18, United States
Code, is amended by adding at the end the following:
``(d) Notwithstanding any other provision of this section, no
person convicted of a misdemeanor crime of domestic violence may ship
or transport any explosive materials in interstate or foreign commerce
or to receive or possess any explosive materials which have been
shipped or transported in interstate or foreign commerce.''.
SEC. 703. PROHIBITING POSSESSION OF EXPLOSIVES BY JUVENILES.
Section 842 of title 18, United States Code, is amended by adding
at the end the following:
``(r)(1) It shall be unlawful for any person who is under 21 years
of age to ship or transport any explosive materials in interstate or
foreign commerce or to receive or possess any explosive materials which
has been shipped or transported in interstate or foreign commerce.''.
``(2) This subsection shall not apply to commercially manufactured
black powder in bulk quantities not to exceed five pounds, and if the
person is less than 18 years of age, the person has the prior written
consent of the person's parents or guardian who is not prohibited by
Federal, State, or local law from possessing explosive materials, and
the person has the prior written consent in the person's possession at
all times when the black powder is in the possession of the person.''.
SEC. 704. REQUIREMENTS CONCERNING BLACK POWDER AND BULK SMOKELESS
POWDER.
(a) Section 845 of title 18, United States Code, is further
amended--
(1) by striking paragraph (4) of subsection (a) and
inserting the following:
``(4) assembled small arms ammunition and primers not
assembled into cartridges (other than bulk smokeless powder);
and'';
(2) in subsection (a)(5), by striking `commercially
manufactured black powder in quantities not to exceed fifty
pounds,'';
(3) by redesignating subsections (b), (c) and (d) as
subsections (c), (d) and (e), respectively; and
(4) by adding at the end the following:
``(e) The provisions of sections 842(a)(3) and 842(b) of this
chapter shall not apply to commercially manufactured black powder in
quantities not to exceed five pounds which is intended to be used
solely for sporting, recreational, or cultural purposes in antique
firearms as defined in section 921(a)(16) of title 18 of the United
States Code, or in antique devices as exempted from the term
``destructive device'' in section 921(a)(4) of title 18 of the United
States Code, or to bulk smokeless powder in quantities not to exceed
ten pounds.
``(f) Sections 842(a)(3)(A), 842(a)(3)(B), 842(b) and 842(p) shall
not apply to transactions between licensees and persons licensed as
manufacturers of ammunition under section 923(a)(1)(A) or (C) of this
title.''.
(b) Section 926 of title 18, United States Code, is amended by
striking subsection (c).
(c) Effective Date.--The amendments made by this section shall take
effect 18 months after the date of enactment of the Act.
SEC. 705. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
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