[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 994 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 994

      Entitled the ``Juvenile Misuse of Firearms Prevention Act''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 1999

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

_______________________________________________________________________

                                 A BILL


 
      Entitled the ``Juvenile Misuse of Firearms Prevention Act''.

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

                          TITLE I--SHORT TITLE

    This Act may be cited as the ``Juvenile Misuse of Firearms 
Prevention Act''.

       TITLE II--RESTRICTING JUVENILE ACCESS TO CERTAIN FIREARMS

SECTION 1. PENALTIES FOR UNLAWFUL ACTS BY JUVENILES.

    (a) Juvenile Weapons Penalties.--Section 924(a) of title 18, United 
States Code, is amended--
            (1) in paragraph (4) by striking ``Whoever'' at the 
        beginning of the first sentence, and inserting in lieu thereof, 
        ``Except as provided in paragraph (6) of this subsection, 
        whoever''; and
            (2) in paragraph (6), by amending it to read as follows:--
            ``(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, ammunition, 
                        or a semiautomatic assault weapon 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, ammunition, 
                        or a semiautomatic assault weapon in violation 
                        of section 922(x)(2); and
                            ``(II) during the same course of conduct in 
                        violating 922(x)(2), the juvenile violated 
                        section 922(q), with the intent to carry or 
                        otherwise possess or discharge or otherwise use 
                        the handgun, ammunition, or semiautomatic 
                        assault weapon 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, ammunition or semiautomatic 
                assault weapon 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, ammunition, or semiautomatic assault 
                weapon in the commission of a violent felony, shall be 
                fined under this title, imprisoned not more than 20 
                years, or both.
            ``(C) For purposes of this paragraph a `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 clause (ii) of paragraph (A), 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 transferror knows or has 
reasonable cause to believe is a juvenile--
            ``(A) a handgun;
            ``(B) ammunition that is suitable for use only in a 
        handgun;
            ``(C) a semiautomatic assault weapon; or
    ``(2) It shall be unlawful for any person who is a juvenile to 
knowingly possess--
            ``(A) a handgun;
            ``(B) ammunition that is suitable for use only in a 
        handgun;
            ``(C) a semiautomatic assault weapon; or
    ``(3) This subsection does not apply to--
            ``(A) a temporary transfer of a handgun, ammunition, or a 
        semiautomatic assault weapon to a juvenile or to the possession 
        or use of a handgun, ammunition, or a semiautomatic assault 
        weapon by a juvenile--
                    ``(i) if the handgun, ammunition, or semiautomatic 
                assault weapon 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 firearm.
                    ``(ii) Clause (i) shall apply only if the 
                juvenile's possession and use of a handgun, ammunition, 
                or a semiautomatic assault weapon under this 
                subparagraph are in accordance with State and local 
                law, and the following conditions are met--
                            ``(I) 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, 
                        ammunition, or a semiautomatic assault weapons 
                        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
                            ``(II) during transportation by the 
                        juvenile directly from the place of transfer to 
                        a place at which an activity described in 
                        clause (i) is to take place the firearm 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 firearm shall also be unloaded 
                        and in a locked container or case; or
                            ``(III) with respect to ranching or farming 
                        activities as described in clause (i), a 
                        juvenile may possess and use a handgun, 
                        ammunition, or a semiautomatic assault weapon 
                        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 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 a semiautomatic assault weapon in the line of 
        duty;
            ``(C) a transfer by inheritance of title (but not 
        possession) of a handgun, ammunition, or a semiautomatic 
        assault weapon to a juvenile; or
            ``(D) the possession of a handgun, ammunition, or a 
        semiautomatic assault weapon taken in defense of the juvenile 
        or other persons in the residence of the juvenile or a 
        residence in which the juvenile is an invited guest.
    ``(4) A handgun, ammunition, or a semiautomatic assault weapon, 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, ammunition, or a semiautomatic assault weapon no longer 
required by the Government for the purposes of investigation or 
prosecution.
    ``(5) For purposes of this subsection, the term `juvenile' means a 
person who is less than 18 years of age.
    ``(6)(A) in a prosecution of a violation of this subsection, the 
court shall require the presence of a juvenile defendant's parent or 
legal guardian at all proceedings.
    ``(B) The court may use the contempt power to enforce subparagraph 
(A).
    ``(C) The court 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.''.

SEC. 2. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 180 
days after the date of enactment of this Act.

  TITLE III--ENHANCED PENALTIES FOR FEDERAL CRIMES INVOLVING FIREARMS

    (a) Penalties.--
            (1) Section 924(c)(1)(A) of title 18, United States Code, 
        is amended--
                    (A) in subsection (ii) by striking ``7 years'' and 
                inserting ``10 years'';
                    (B) in subsection (iii) by striking ``10 years'' 
                and inserting ``12 years'';
                    (C) by inserting after subsection (iii) the 
                following:
                            ``(iv) if the firearm is used to wound, 
                        injure or maim another person be sentenced to a 
                        term of imprisonment of not less than 15 
                        years.''.
            (2) Section 924(h) of title 18, United States Code, is 
        amended--
                    (A) by striking ``imprisoned'' and inserting 
                ``sentenced to a term of imprisonment of not less than 
                5 years, but'' after ``shall be''.

 TITLE IV--PROVIDING INCENTIVES TO STATES THAT PROSECUTE JUVENILES AS 
             ADULTS FOR CERTAIN OFFENSES INVOLVING FIREARMS

    (a) Requirements.--No State shall be eligible to receive funding 
from the Office of Juvenile Justice Delinquency Prevention funds unless 
it demonstrates that the State has in effect or has implemented (or 
will have in effect or will have implemented not later than 1 year 
after the date on which the State submits the application) laws, 
policies, or programs that provide for: ``PROSECUTION OF JUVENILES AS 
ADULTS FOR CERTAIN OFFENSES INVOLVING FIREARMS.'' The State shall 
prosecute juveniles who are not less than 14 years of age as adults in 
criminal court, rather than in juvenile delinquency proceedings, if the 
juvenile used, carried or possessed a firearm during the commission of 
conduct constituting--
            (1) murder;
            (2) robbery while armed with a dangerous or deadly weapon;
            (3) battery or assault while armed with a dangerous or 
        deadly weapon;
            (4) forcible rape; or
            (5) any serious drug offense that, if committed by an adult 
        subject to Federal jurisdiction, would be punishable under 
        section 401(b)(1)(A) of the Controlled Substances Import and 
        Export Act (21 U.S.C. 960(b)(1)(A)).
                                 <all>