[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1397 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1397

To allow States to develop or expand instant gun checking capabilities, 
  to allow a tax credit for the purchase of safe storage devices for 
 firearms, to promote the fitting of handguns with child safety locks, 
   and to prevent children from injuring themselves and others with 
                               firearms.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2001

 Mr. DeFazio introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committee on Ways 
 and Means, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To allow States to develop or expand instant gun checking capabilities, 
  to allow a tax credit for the purchase of safe storage devices for 
 firearms, to promote the fitting of handguns with child safety locks, 
   and to prevent children from injuring themselves and others with 
                               firearms.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Youth Violence Prevention Act of 
2001''.

          TITLE I--EXPANSION OF INSTANT GUN CHECK CAPABILITIES

SEC. 101. EXPANSION OF BYRNE PURPOSES.

    Section 501(b) of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3751(b)) is amended--
            (1) by redesignating paragraphs (16) through the second 
        paragraph (27) as paragraphs (17) through (30), respectively; 
        and
            (2) by inserting after paragraph (15) the following:
            ``(16) developing or expanding a State instant criminal 
        background check system that includes allowing only limited 
        access of the system, regarding the eligibility status of a 
        proposed firearm purchaser (after receiving the purchaser's 
        express authorization), to a person who sells a firearm and is 
        not a licensed dealer;''.

SEC. 102. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS.

    Section 509 of Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3759) is amended by--
            (1) in subsection (a), by striking ``5 percent'' and 
        inserting ``6 percent''; and
            (2) in subsection (b)--
                    (A) in paragraph (3), by striking ``and'' after the 
                semicolon;
                    (B) in the first paragraph (4), by striking the 
                period and inserting ``; and'';
                    (C) by redesignating the second paragraph (4) that 
                ends with ``1993.''as paragraph (6); and
                    (D) by inserting after the first paragraph (4) the 
                following:
            ``(5) developing or expanding a State instant criminal 
        background check system that includes allowing only limited 
        access of the system, regarding the eligibility status of a 
        proposed firearm purchaser (after receiving the purchaser's 
        express authorization), to a person who sells a firearm and is 
        not a licensed dealer; and''.

TITLE II--NONREFUNDABLE CREDIT FOR PURCHASE OF SAFE STORAGE DEVICES FOR 
                                FIREARMS

SEC. 201. NONREFUNDABLE CREDIT FOR PURCHASE OF SAFE STORAGE DEVICES FOR 
              FIREARMS.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to nonrefundable 
personal credits) is amended by inserting after section 25A the 
following new section:

``SEC. 25B. PURCHASE OF SAFE STORAGE DEVICES FOR FIREARMS.

    ``(a) Allowance of Credit.--There shall be allowed as a credit 
against the tax imposed by this chapter for a taxable year an amount 
equal to the qualified firearm safe storage device expenses for the 
taxable year.
    ``(b) Lifetime Dollar Limitation.--The aggregate amount of expenses 
paid by an individual which may be treated as qualified firearm safe 
storeage device expenses for any taxable year shall not exceed the 
excess (if any) of--
            ``(1) $250, over
            ``(2) the aggregate amounts treated as qualified firearm 
        safe storeage device expenses with respect to such individual 
        for all prior taxable years.
    ``(c) Qualified Firearm Safe Storage Device Expense.--For purposes 
of this section--
            ``(1) In general.--The term `qualified firearm safe storage 
        device expense' means amounts paid for a trigger lock, secure 
        locked cabinet, or other safety device used solely for the 
        storeage of a firearm.
            ``(2) Firearm.--The term `firearm' has the meaning given 
        such term by section 921(a)(3) of title 18, United States 
        Code.''.
    (b) Clerical Amendment.--The table of sections for subpart A of 
part IV of subchapter A of chapter 1 of such Code is amended by 
inserting after the item relating to section 25A the following new 
item:

                              ``Sec. 25B. Purchase of safe storage 
                                        devices for firearms.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2000.

                 TITLE III--HANDGUN CHILD SAFETY LOCKS

SEC. 301. PROHIBITION AGAINST MANUFACTURE OF A HANDGUN WITHOUT CHILD 
              SAFETY LOCKS.

    (a) Prohibition Against Manufacture of Handgun Without Child Safety 
Lock Attached.--
            (1) Prohibition.--It shall be unlawful for any person, in 
        or affecting commerce, to manufacture a handgun in the United 
        States, unless a child safety lock which meets the requirement 
        of subsection (b) is attached to, or is an integral part of, 
        the firearm.
            (2) Penalties.--The Secretary shall impose a civil fine of 
        $5,000 on any person who violates paragraph (1).
    (b) Child Safety Lock Requirements.--A lock meets the requirements 
of this subsection if the lock, while activated or attached to the 
firearm, prevents the firearm from being discharged.
    (c) Judicial Review.--Not later than 60 days after an individual 
receives notice from the Secretary of a decision to impose a fine on 
the individual under this section, the individual may bring an action 
against the Secretary in any United States district court for de novo 
review of the decision.
    (d) Inapplicability to Governmental Entities.--Subsection (a) shall 
not apply to conduct of, or authorized by, the United States or any 
department or agency thereof, or any State or any department, agency, 
or political subdivision thereof.
    (e) Definitions.--As used in this section, the terms ``State'', 
``handgun'', and ``Secretary'' shall have the meanings given such terms 
in section 921(a) of title 18, United States Code.

               TITLE IV--CHILD FIREARM ACCESS PREVENTION

SEC. 401. CHILDREN AND FIREARMS SAFETY.

    (a) Prohibition and Penalties.--Section 922 of title 18, United 
States Code, is amended by inserting after subsection (y) the 
following:
    ``(z) Prohibition Against Giving Juveniles Access to Certain 
Firearms.--
            ``(1) Definition of juvenile.--In this subsection, the term 
        `juvenile' means an individual who has not attained the age of 
        18 years.
            ``(2) Prohibition.--Except as provided in paragraph (3), 
        any person that--
                    ``(A) keeps a loaded firearm, or an unloaded 
                firearm and ammunition for the firearm, any of which 
                has been shipped or transported in interstate or 
                foreign commerce or otherwise substantially affects 
                interstate or foreign commerce, within any premise that 
                is under the custody or control of that person; and
                    ``(B) knows, or reasonably should know, that a 
                juvenile is capable of gaining access to the firearm 
                without the permission of the parent or legal guardian 
                of the juvenile,
        shall, if a juvenile obtains access to the firearm and thereby 
        causes death or bodily injury to the juvenile or to any other 
        person, or exhibits the firearm either in a public place, or in 
        violation of subsection (q), be imprisoned not more than 1 
        year, fined not more than $10,000, or both.
            ``(3) Exceptions.--Paragraph (2) does not apply if--
                    ``(A) the person uses a secure gun storage or 
                safety device for the firearm;
                    ``(B) the person is a peace officer, a member of 
                the Armed Forces, or a member of the National Guard, 
                and the juvenile obtains the firearm during, or 
                incidental to, the performance of the official duties 
                of the person in that capacity;
                    ``(C) the juvenile obtains, or obtains and 
                discharges, the firearm in a lawful act of self-defense 
                or defense of 1 or more other persons;
                    ``(D) the person has no reasonable expectation, 
                based on objective facts and circumstances, that a 
                juvenile is likely to be present on the premises on 
                which the firearm is kept; or
                    ``(E) the juvenile obtains the firearm as a result 
                of unlawful entry by the juvenile.''.
    (b) Role of Licensed Firearms Dealers.--Section 926 of title 18, 
United States Code, is amended by adding at the end the following:
    ``(d) The Secretary shall ensure that a copy of section 922(z) 
appears on the form required to be obtained by a licensed dealer from a 
prospective transferee of a firearm.''.
    (c) No Effect on State Law.--Nothing in this section or the 
amendments made by this section shall be construed to preempt any 
provision of the law of any State, the purpose of which is to prevent 
children from injuring themselves or others with firearms.
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