[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 319 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 319

      To provide for childproof handguns, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 1999

Mr. Lautenberg introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
      To provide for childproof handguns, and for other purposes.

    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 ``Childproof Handgun Act of 1999''.

SEC. 2. HANDGUN SAFETY.

    (a) Definitions.--Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following:
            ``(35)(A) The term `childproof' means, with respect to a 
        firearm that is a handgun, a handgun that incorporates within 
        its design and as part of its original manufacture technology 
        that--
                    ``(i) automatically limits the operational use of 
                the handgun;
                    ``(ii) is not capable of being readily deactivated; 
                and
                    ``(iii) ensures that the handgun may only be fired 
                by an authorized or recognized user.
            ``(B) The technology referred to in subparagraph (A) 
        includes--
                    ``(i) radio tagging;
                    ``(ii) touch memory;
                    ``(iii) remote control;
                    ``(iv) fingerprint;
                    ``(v) magnetic encoding; and
                    ``(vi) other automatic user identification systems 
                that utilize biometrics, mechanical, or electronic 
                systems.
            ``(36) 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 (y) the following:
    ``(z) Childproof Handguns.--
            ``(1) In general.--Except as provided in paragraph (2), 
        beginning 3 years after the date of enactment of the Childproof 
        Handgun Act of 1999, it shall be unlawful for any licensed 
        manufacturer, licensed importer, or licensed dealer to sell, 
        deliver, or transfer any handgun to any person other than a 
        licensed manufacturer, licensed importer, or licensed dealer, 
        unless the handgun is childproof.
            ``(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
                            ``(ii) 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).''.
    ``(aa) Locking Devices and Warnings.--
            ``(1) In general.--Except as provided in paragraph (2), 
        beginning 90 days after the date of enactment of the Childproof 
        Handgun Act of 1999, 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
                            ``(ii) 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 Failure To Provide for Childproof 
Handguns or 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(z)(1) or 
                subparagraph (A) or (B) of section 922(aa)(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.''.

SEC. 3. GRANTS TO IMPROVE GUN SAFETY.

    (a) In General.--
            (1) Grants.--Subject to the availability of appropriations, 
        the Attorney General, acting through the Director of the 
        National Institute of Justice (referred to in this section as 
        the ``Director''), shall make grants under this section for the 
        purpose specified in paragraph (2) to applicants that submit an 
        application that meets requirements that the Attorney General, 
        acting through the Director, shall establish.
            (2) Purpose.--The purpose of a grant under this section 
        shall be to reduce violence caused by firearms through the 
        improvement of firearm safety technology, weapon detection 
        technology, or other technology.
            (3) Consultation.--In making grants under this section, the 
        Attorney General, acting through the Director, shall consult 
        with appropriate employees of the National Institute of Justice 
        with expertise in firearms and weapons technology.
    (b) Period of Grant.--A grant under this section shall be for a 
period of not to exceed 3 years.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice to carry out this section 
$10,000,000 for each of fiscal years 2000 through 2002.
                                 <all>