[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 995 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 995

  To strengthen the firearms and explosives laws of the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 1999

Mr. Schumer (for himself, Mrs. Feinstein, Mr. Kennedy, Mr. Durbin, Ms. 
 Mikulski, Mr. Levin, Mrs. Boxer, Mr. Torricelli, Mr. Lautenberg, Mr. 
  Reed, and Mr. Kerry) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To strengthen the firearms and explosives laws of the United States.

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

SEC. 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 non-licensed 
        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 non-licensed 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 
        transfers 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 932--
                    ``(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 transfer at gun shows.''; and
                    (B) in the first sentence of section 923(j), by 
                striking ``a gun show or event'' and inserting ``an 
                event''; and
            (4) Inspection authority.--Section 923(g)(1) 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 of title 18, United States Code, is amended--
    (a) in section 922(t)(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;
    (b) in section 922(t)(1)(B)(ii)--
            (1) by striking ``3'' and inserting ``5''; and
            (2) by striking ``and'' at the end;
    (c) in section 922(t)(1)(C), by striking the period at the end and 
inserting ``; and'';
    (d) by adding at the end of section 922(t)(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.''.
    (e) by adding at the end of section 922(t), 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)'';
            (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: ``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) who has been 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--
    (a) in paragraph (1)--
            (1) by striking ``juvenile'' and inserting ``person who is 
        less than 21 years of age'';
            (2) by striking ``or'' at the end of subparagraph (A);
            (3) by striking the period at the end of subparagraph (B) 
        and inserting ``;''; and
            (4) by adding at the end the following:
                    ``(C) a semiautomatic assault weapon; or (D) a 
                large capacity ammunition feeding device.''.
    (b) in paragraph (2)--
            (1) by striking ``a juvenile'' and inserting ``less than 21 
        years of age'';
            (2) by striking ``or'' at the end of subparagraph (A);
            (3) by striking the period at the end of subparagraph (B) 
        and inserting ``;''; and
            (4) by inserting at the end the following:
                    ``(C) a semiautomatic assault weapon; or (D) a 
                large capacity ammunition feeding device.''.
    (c) in paragraph (3)(A), by inserting ``temporary'' before 
``possession'';
    (d) in paragraph (3)(B), by striking ``juvenile'' and inserting 
``person who is less than 21 years of age'';
    (e) in paragraph (3)(C), by striking ``juvenile; or'' and inserting 
``person who is less than 21 years of age;'';
    (f) in paragraph (3)(D) is revised to read as follows:
                    ``(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'';
    (g) by adding at the end of paragraph (3) a new subparagraph (E) to 
read as follows:
                    ``(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.'';
    (h) 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 subparagraph (A) and inserting the 
        following:
                    ``(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 striking ``or (f)'' and 
        inserting ``(f), or (p)''; 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 ``.''; 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(d) of title I, Department of Justice, 
        General Provisions--Department of Justice, of the Omnibus 
        Consolidated and Emergency Supplemental Appropriations Act, 
        1999, Public Law No. 105-277, is repealed.
    (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 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) possession of the firearm by the child is 
                unlawful under Federal or State law; and
                    (D) 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--COMBATTING 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 amended by 
adding at the end thereof a new section (bb) to read as follows:
    ``(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 3-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 in lieu thereof ``(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 as follows:
            (1) In paragraph (1)(B)(ii), by striking ``(g) or (n)'' and 
        inserting ``(g) or (n) or (bb)''.
            (2) In paragraph (2), by striking ``(g) or (n)'' and 
        inserting ``(g) or (n) or (bb)''.
            (3) In paragraph 3, by striking subparagraph (A), and by 
        redesignating subparagraphs (B) and (C) as subparagraphs (A) 
        and (B).
            (4) In paragraph (4), by striking ``(g) or (n)'' and by 
        inserting ``(g) or (n) or (bb)''.
            (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 is 
amended--
            (1) in subsection (a)(1), as amended by section 203(b) of 
        this Act, by inserting ``(o),'' before ``(p)''; and
            (2) by adding at the end a new subsection (o) to read as 
        follows:
    ``(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 sub-clause (ii)(II) by striking ``and'' the second 
        time it appears;
            (2) in clause (iii) by striking ``license.'' and inserting 
        ``license; and''; and
            (3) by adding at the end a new clause (iv) to read as 
        follows: ``(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.''.
    (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 a new paragraph (3) to read as follows:
            ``(3)(A) It shall be unlawful for any common or contract 
        carrier to fail to report the theft or loss of a firearm within 
        40 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 paragraph 
        (3)(A) of this subsection.''.
    (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 the Gun Control Act of 1968, title 18, United 
States Code Chapter 44, is amended by amending paragraph (4) to read as 
follows: ``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 a 
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 944(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, is 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 licensee 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--
    (a) in subparagraph (a)(1)(B), by striking ``(k),''; and
    (b) in paragraph (2), by inserting ``(k),'' after ``(j),''.

SEC. 313. CIVIL FORFEITURE FOR GUN TRAFFICKING.

    (a) Civil Forfeiture.--Section 981(a)(1) of title 18, United States 
Code, is amended by adding the following subparagraph at the end:
                    ``(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 the following new paragraph at the end:
            ``(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 APPROPRIATIONS.

    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 redesignated--
                    (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 amended by adding 
at the end the following new subsection:
    ``(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.

    (a) Section 6531 of the Internal Revenue Code of 1986 (26 U.S.C. 
Sec. 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 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 subparagraph (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 sentence: 
``Any firearm forfeited pursuant to subsection (a)(1)(H) of 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 the 
following new paragraph:
            ``(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 by--
            (1) redesignating the first unnumbered paragraph as 
        subsection (a)(1) and the second unnumbered paragraph as 
        subsection (a)(2); and
            (2) by adding the following subsection at the end:
    ``(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. Sec. 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) of title 18, United States Code, is amended by 
amending paragraph (11) 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 adding after paragraph (11) thereof 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 
        new section:
``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 chapter analysis for chapter 
        40 of title 18, United States Code, is amended by inserting 
        after the item relating to section 843 the following new item:

``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 adding 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'' and inserting 
        ``;'';
            (2) in paragraph (6), by striking ``.'' and inserting ``or 
        who has been committed to a mental institution;'' and
            (3) by adding at the end the following new paragraphs:
            ``(7) 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)));
            ``(8) who has been discharged from the Armed Forces under 
        dishonorable conditions;
            ``(9) who, having been a citizen of the United States, has 
        renounced his citizenship; and
            ``(10) 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;
            ``(11) who has been convicted in any court of a misdemeanor 
        crime of domestic violence; or
            ``(12) who 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'' and inserting 
        ``;'';
            (2) by adding at the end the following new paragraphs:
            ``(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; and
            ``(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 new subsections (r) and (s):
    ``(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, 
        either
                    ``(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 
received 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 Non-Immigrant Visas.--Section 842 is 
amended by adding at the end thereof a new paragraph (r) to read as 
follows:
    ``(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)).
                    ``(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 no jeopardize the public 
                        safety.''.
    (e) Conforming Amendment.--Section 845 of title 18, United States 
Code, is amended by adding a new subsection (d) to read as follows:
    ``(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 new subsection:
    ``(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(a) of title 18, United States Code, is amended--
            (1) by amending subparagraph (4) to read as follows:
            ``(4) assembled small arms ammunition and primers not 
        assembled into cartridges (other than bulk smokeless powder); 
        and'';
            (2) in subparagraph (5), by striking ``commercially 
        manufactured black powder in quantities not to exceed fifty 
        pounds,'';
            (3) by redesignating paragraphs ``(b), (c) and (d)'' as 
        paragraph ``(c), (d) and (e)''; and
            (4) by adding a new paragraph (b) to read as follows:
    ``(b) 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.''.
            (5) by adding a new paragraph (f) to read as follows:
    ``(f) Sections 842(a)(3)(A), 842(a)(3)(B), 842(b) and 842(p) shall 
not apply to transactions between licenses 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.
                                 <all>