[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 991 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 991

 To prohibit the receipt, transfer, transportation, or possession of a 
 firearm or ammunition by certain violent juvenile offenders, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 1999

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

_______________________________________________________________________

                                 A BILL


 
 To prohibit the receipt, transfer, transportation, or possession of a 
 firearm or ammunition by certain violent juvenile offenders, 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 ``Youth Violence Prevention Act of 
1999''.

SEC. 2. PROHIBITION ON FIREARMS OR AMMUNITION POSSESSION BY VIOLENT 
              JUVENILE OFFENDERS.

    (a) Definition.--Section 921(a)(20) of title 18, United States 
Code, is amended by--
            (1) inserting ``(A)'' after ``(20)'';
            (2) redesignating subparagraphs (A) and (B) as clauses (i) 
        and (ii), respectively;
            (3) inserting after clause (ii) the following:
                    ``(B) For purposes of section 922(d) and (g) of 
                this title, the term `act of violent juvenile 
                delinquency' means an adjudication of delinquency in 
                Federal or State court, based on 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 violent felony, as defined in 
                section 3559(c)(2)(F)(i) of this title, had Federal 
                jurisdiction been exercised (except that section 
                3559(c)(3) shall not apply to this subparagraph):''; 
                and
            (4) striking ``What constitutes'' through ``this chapter,'' 
        and inserting:
                    ``(C) What constitutes a conviction of such a crime 
                or an adjudication of an act of violent juvenile 
                delinquency shall be determined in accordance with the 
                law of the jurisdiction in which the proceedings were 
                held. Any State conviction or adjudication of an act of 
                violent juvenile delinquency that 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 an act of 
                violent juvenile delinquency occurred shall not be 
                considered a conviction or adjudication of an act of 
                violent juvenile delinquency for purposes of this 
                chapter,''.
    (b) Prohibition.--Section 922 of title 18, United States Code is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (8), by striking ``or'' at the 
                end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; or'' ; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) has committed an act of violent juvenile 
        delinquency.''; and
            (2) in subsection (g)--
                    (A) in paragraph (8), by striking ``or'' at the 
                end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; or'' ; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) has committed an act of violent juvenile 
        delinquency.''.
    (c) Effective Date of Adjudication Provisions.--The amendments made 
by this section shall apply only to an adjudication of an act of 
violent juvenile delinquency that occurs after the date that is 30 days 
after the date on which the Attorney General notifies Federal firearms 
licensees, through publication in the Federal Register by the Secretary 
of the Treasury, that the records of such adjudications are routinely 
available in the national instant criminal background check system 
established under section 103(b) of the Brady Handgun Violence 
Prevention Act.

SEC. 3. STRAW PURCHASE PENALTIES.

    (a) Straw Purchase Penalties.--Section 924(a)(2) of title 18, 
United States Code, is amended to read as follows:
            ``(2) Whoever knowingly violates--
                    ``(A) subsection (d), (g), (h), (i), (j) or (o) of 
                section 922 shall be fined as provided in this title, 
                imprisoned not more than 10 years, or both; and
                    ``(B) section 922(a)(6) shall be fined as provided 
                in this title, imprisoned not more than 10 years, or 
                both, except--
                            ``(i) whoever knowingly violates subsection 
                        (a)(6) for the purpose of selling, delivering, 
                        or otherwise transferring a firearm knowing or 
                        having reasonable cause to know that another 
                        will carry or otherwise possess or discharge or 
                        otherwise use the firearm in the commission of 
                        a violent felony, shall be--
                                    ``(I) fined under this title, 
                                imprisoned not more than 15 years, or 
                                both; or
                                    ``(II) fined under this title, 
                                imprisoned not more than 20 years, or 
                                both where the procurement is for a 
                                juvenile; and
        ``In this paragraph, the term `violent felony' means conduct 
        described in section 924(e)(2)(B) of this title and the term 
        `juvenile' has the same meaning as in section 922(x).''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 180 days after the date of enactment of this Act.

SEC. 4. JUVENILE WEAPONS PENALTIES.

    (a) Juvenile Weapons Penalties.--Section 924(a) of title 18 United 
States Code, is amended--
            (1) in paragraph (4), by striking ``Whoever'' and inserting 
        ``Except as provided in paragraph (6), whoever''; and
            (2) by striking paragraph (6) and inserting the following:
            ``(6)(A) A juvenile who violates section 922(x) shall be 
        fined under this title, imprisoned not more than 1 year, or 
        both, except--
                    ``(i) a juvenile shall be sentenced to probation on 
                appropriate conditions and shall not be incarcerated 
                unless the juvenile fails to comply with a condition of 
                probation, if--
                            ``(I) the offense of which the juvenile is 
                        charged is possession of a handgun or 
                        ammunition in violation of section 922(x)(2); 
                        and
                            ``(II) the juvenile has not been convicted 
                        in any court of an offense (including an 
                        offense under section 922(x) or a similar State 
                        law, but not including any other offense 
                        consisting of conduct that if engaged in by an 
                        adult would not constitute an offense) or 
                        adjudicated as a juvenile delinquent for 
                        conduct that if engaged in by an adult would 
                        constitute an offense; or
                    ``(ii) a juvenile shall be fined under this title, 
                imprisoned not more than 20 years, or both, if--
                            ``(I) the offense of which the juvenile is 
                        charged is possession of a handgun or 
                        ammunition in violation of section 922(x)(2); 
                        and
                            ``(II) during the same course of conduct in 
                        violating section 992(x)(2), the juvenile 
                        violated section 922(q), with the intent to 
                        carry or otherwise possess or discharge or 
                        otherwise use the handgun or ammunition in the 
                        commission of a violent felony.
            ``(B) A person other than a juvenile who knowingly violates 
        section 922(x)--
                    ``(i) shall be fined under this title, imprisoned 
                not more than 1 year, or both; and
                    ``(ii) if the person sold, delivered, or otherwise 
                transferred a handgun or ammunition to a juvenile 
                knowing or having reasonable cause to know that the 
                juvenile intended to carry or otherwise possess or 
                discharge or otherwise use the handgun or ammunition in 
                the commission of a violent felony, shall be fined 
                under this title, imprisoned not more than 20 years, or 
                both.
            ``(C) In this paragraph, the term `violent felony' means 
        conduct as described in section 924(e)(2)(B) of this title.
            ``(D) Except as otherwise provided in this chapter, in any 
        case in which a juvenile is prosecuted in a district court of 
        the United States, and the juvenile is subject to the penalties 
        under paragraph (A)(ii), the juvenile shall be subject to the 
        same laws, rules, and proceedings regarding sentencing 
        (including the availability of probation, restitution, fines, 
        forfeiture, imprisonment, and supervised release) that would be 
        applicable in the case of an adult. No juvenile sentenced to a 
        term of imprisonment shall be released from custody simply 
        because the juvenile reaches the age of 18 years.''.
    (b) Unlawful Weapons Transfers to Juveniles.--Section 922(x) of 
title 18, United States Code, is amended to read as follows:
    ``(x)(1) It shall be unlawful for a person to sell, deliver, or 
otherwise transfer to a person who the transferor knows or has 
reasonable cause to believe is a juvenile--
            ``(A) a handgun; or
            ``(B) ammunition that is suitable for use only in a 
        handgun.
    ``(2) It shall be unlawful for any person who is a juvenile to 
knowingly possess--
            ``(A) a handgun; or
            ``(B) ammunition that is suitable for use only in a 
        handgun.
    ``(3) This subsection does not apply to the following:
            ``(A)(i) A temporary transfer of a handgun or ammunition to 
        a juvenile or to the possession or use of a handgun or 
        ammunition by a juvenile if the handgun or ammunition are 
        possessed and used by the juvenile--
                    ``(I) in the course of employment;
                    ``(II) in the course of ranching or farming related 
                to activities at the residence of the juvenile (or on 
                property used for ranching or farming at which the 
                juvenile, with the permission of the property owner or 
                lessee, is performing activities related to the 
                operation of the farm or ranch);
                    ``(III) for target practice;
                    ``(IV) for hunting; or
                    ``(V) for a course of instruction in the safe and 
                lawful use of a handgun.
            ``(ii) Clause (i) shall apply only if the juvenile's 
        possession and use of a handgun or ammunition under this 
        subparagraph are in accordance with State and local law and the 
        following conditions are met:
                    ``(I)(aa) Except when a parent or guardian of the 
                juvenile is in the immediate and supervisory presence 
                of the juvenile, the juvenile shall have in the 
                juvenile's possession at all times when a handgun or 
                ammunition is in the possession of the juvenile, the 
                prior written consent of the juvenile's parent or 
                guardian who is not prohibited by Federal, State, or 
                local law from possessing a firearm or ammunition; and
                    ``(bb) during transportation by the juvenile 
                directly from the place of transfer to a place at which 
                an activity described in division (aa) is to take place 
                the handgun shall be unloaded and in a locked container 
                or case, and during the transportation by the juvenile 
                of that firearm, directly from the place at which such 
                an activity took place to the transferor, the handgun 
                shall also be unloaded and in a locked container or 
                case; or
                    ``(II) With respect to ranching or farming 
                activities as described in subparagraph (A), a juvenile 
                may possess and use a handgun or ammunition with the 
                prior written approval of the juvenile's parent or 
                legal guardian, if such approval is on file with the 
                adult who is not prohibited by Federal, State, or local 
                law from possessing a firearm or ammunition and that 
                person is directing the ranching or farming activities 
                of the juvenile.
            ``(B) A juvenile who is a member of the Armed Forces of the 
        United States or the National Guard who possesses or is armed 
        with a handgun or ammunition in the line of duty.
            ``(C) A transfer by inheritance of title (but not 
        possession) of a handgun or ammunition to a juvenile.
            ``(D) The possession of a handgun or ammunition taken in 
        defense of the juvenile or other persons against an intruder 
        into the residence of the juvenile or a residence in which the 
        juvenile is an invited guest.
    ``(4) A handgun or ammunition, the possession of which is 
transferred to a juvenile in circumstances in which the transferor is 
not in violation of this subsection, shall not be subject to permanent 
confiscation by the Government if its possession by the juvenile 
subsequently becomes unlawful because of the conduct of the juvenile, 
but shall be returned to the lawful owner when such handgun or 
ammunition is no longer required by the Government for the purposes of 
investigation or prosecution.
    ``(5) In this subsection, the term `juvenile' means a person who is 
less than 18 years of age.
    ``(6) In a prosecution of a violation of this subsection, the 
court--
            ``(A) shall require the presence of a juvenile defendant's 
        parent or legal guardian at all proceedings;
            ``(B) may use the contempt power to enforce subparagraph 
        (A); and
            ``(C) may excuse attendance of a parent or legal guardian 
        of a juvenile defendant at a proceeding in a prosecution of a 
        violation of this subsection for good cause shown.''.
    (c) Effective Date.--The amendment made by this section shall take 
effect 180 days after the date of enactment of this Act.
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