[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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