[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2221 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2221

  To ban the import of large capacity ammunition feeding devices, to 
   promote the safe storage and use of handguns by consumers, and to 
              extend Brady background checks to gun shows.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2001

 Ms. DeGette introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To ban the import of large capacity ammunition feeding devices, to 
   promote the safe storage and use of handguns by consumers, and to 
              extend Brady background checks to gun shows.

    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 ``Child Gun Safety Act of 2001''.

                        TITLE I--ASSAULT WEAPONS

SEC. 101. BAN ON IMPORTING LARGE CAPACITY AMMUNITION FEEDING DEVICES.

    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) by inserting before paragraph (3) the following:
    ``(2) It shall be unlawful for any person to import a large 
capacity ammunition feeding device.''; and
            (4) in paragraph (4)--
                    (A) by striking ``(1)'' each place it appears and 
                inserting ``(1)(A)''; and
                    (B) by striking ``(2)'' and inserting ``(1)(B)''.

SEC. 102. PROHIBITION ON TRANSFER TO AND POSSESSION BY JUVENILES OF 
              SEMIAUTOMATIC ASSAULT WEAPONS AND LARGE CAPACITY 
              AMMUNITION FEEDING DEVICES.

    Section 922(x) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(C) a semiautomatic assault weapon; or
            ``(D) a large capacity ammunition feeding device.'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(C) a semiautomatic assault weapon; or
            ``(D) a large capacity ammunition feeding device.''; and
            (3) in paragraph (3)--
                    (A) in subparagraph (B), by inserting ``, 
                semiautomatic assault weapon, or large capacity 
                ammunition feeding device'' after ``handgun''; and
                    (B) in subparagraph (D), by striking ``or 
                ammunition'' and inserting ``, ammunition, 
                semiautomatic assault weapon, or large capacity 
                ammunition feeding device''.

SEC. 103. ENHANCED CRIMINAL PENALTIES FOR TRANSFERS OF HANDGUNS, 
              AMMUNITION, SEMIAUTOMATIC ASSAULT WEAPONS, AND LARGE 
              CAPACITY AMMUNITION FEEDING DEVICES TO JUVENILES.

    Section 924(a)(6)(B) of title 18, United States Code, is amended--
            (1) in clause (i), by striking ``1 year'' and inserting ``5 
        years''; and
            (2) in clause (ii)--
                    (A) by inserting ``, semiautomatic assault weapon, 
                large capacity ammunition feeding device, or'' after 
                ``handgun'' each place it appears; and
                    (B) by striking ``10 years'' and inserting ``20 
                years''.

SEC. 104. DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE.

    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''.

SEC. 105. EFFECTIVE DATE.

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

                     TITLE II--CHILD HANDGUN SAFETY

SEC. 201. PURPOSES.

    The purposes of this title are as follows:
            (1) To promote the safe storage and use of handguns by 
        consumers.
            (2) To prevent unauthorized persons from gaining access to 
        or use of a handgun, including children who may not be in 
        possession of a handgun, unless it is under one of the 
        circumstances provided for in the Youth Handgun Safety Act.
            (3) To avoid hindering industry from supplying law-abiding 
        citizens firearms for all lawful purposes, including hunting, 
        self-defense, collecting, and competitive or recreational 
        shooting.

SEC. 202. FIREARMS SAFETY.

    (a) Unlawful Acts.--
            (1) Mandatory transfer of secure gun storage or safety 
        device.--Section 922 of title  18, United States Code, is 
amended by inserting after subsection (y) the following:
    ``(z)(1) Except as provided in paragraph (2) of this subsection, it 
shall be unlawful for any licensed manufacturer, licensed importer, or 
licensed dealer to sell, deliver, or transfer any handgun to any person 
other than any person licensed under the provisions of this chapter, 
unless the transferee is provided with a secure gun storage or safety 
device, as described in section 921(a)(34), for the handgun.
    ``(2) Paragraph (1) shall not apply to the--
            ``(A)(i) manufacture for, transfer to, or possession by, 
        the United States or a State or a department or agency of the 
        United States, or a State or a department, agency, or political 
        subdivision of a State, of a handgun; or
            ``(ii) transfer to, or possession by, a law enforcement 
        officer employed by an entity referred to in clause (i) of a 
        handgun for law enforcement purposes (whether on or off duty); 
        or
            ``(B) transfer to, or possession by, a rail police officer 
        employed by a rail carrier and certified or commissioned as a 
        police officer under the laws of a State of a handgun for 
        purposes of law enforcement (whether on or off duty);
            ``(C) transfer to any person of a handgun listed as a curio 
        or relic by the Secretary pursuant to section 921(a)(13); or
            ``(D) transfer to any person of a handgun for which a 
        secure gun storage or safety device is temporarily unavailable 
        for the reasons described in the exceptions stated in section 
        923(e), provided that the licensed manufacturer, licensed 
        importer, or licensed dealer delivers to the transferee within 
        10 calendar days from the date of the delivery of the handgun 
        to the transferee a secure gun storage or safety device for the 
        handgun.
    ``(3)(A) Notwithstanding any other provision of law, a person who 
has lawful possession and control of a handgun, and who uses a secure 
gun storage or safety device with the handgun, shall be entitled to 
immunity from a civil liability action as described in this paragraph.
    ``(B) A qualified civil liability action may not be brought in any 
Federal or State court. The term `qualified civil liability action' 
means a civil action brought by any person against a person described 
in subparagraph (A) for damages resulting from the criminal or unlawful 
misuse of the handgun by a third party, where--
            ``(i) the handgun was accessed by another person who did 
        not have the permission or authorization of the person having 
        lawful possession and control of the handgun to have access to 
        it; and
            ``(ii) at the time access was gained by the person not so 
        authorized, the handgun had been made inoperable by use of a 
        secure gun storage or safety device.
The term `qualified civil liability action' shall not include an action 
brought against the person having lawful possession and control of the 
handgun for negligent entrustment or negligence per se.''.
    (b) Civil 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)(1)(A) With respect to each violation of section 922(z)(1) by 
a licensed manufacturer, licensed importer, or licensed dealer, the 
Secretary may, after notice and opportunity for hearing--
            ``(i) suspend for up to six months, or revoke, the license 
        issued to the licensee under this chapter that was used to 
        conduct the firearms transfer; or
            ``(ii) subject the licensee to a civil penalty in an amount 
        equal to not more than $2,500.
    ``(B) An action of the Secretary under this paragraph may be 
reviewed only as provided in section 923(f).
    ``(2) The suspension or revocation of a license or the imposition 
of a civil penalty under paragraph (1) does not preclude any 
administrative remedy that is otherwise available to the Secretary.''.
    (c) Liability; Evidence.--
            (1) Liability.--Nothing in this title shall be construed 
        to--
                    (A) create a cause of action against any Federal 
                firearms licensee or any other person for any civil 
                liability; or
                    (B) establish any standard of care.
            (2) Evidence.--Notwithstanding any other provision of law, 
        evidence regarding compliance or noncompliance with the 
        amendments made by this Act shall not be admissible as evidence 
        in any proceeding of any court, agency, board, or other entity, 
        except with respect to an action to enforce paragraphs (1) and 
        (2) of section 922(z) of title 18, United States Code, or to 
        give effect to paragraph (3) of such section 922(z).
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed to bar a governmental action to impose a penalty 
        under section 924(p) of title 18, United States Code, for a 
        failure to comply with section 922(z) of that title.

SEC. 203. EFFECTIVE DATE.

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

                          TITLE III--GUN SHOWS

SEC. 301. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS.

    (a) Findings.--The 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 nonlicensed 
        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 nonlicensed 
        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 nonlicensed 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.
    (b) Definitions.--Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following:
    ``(35) 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--
                    ``(i) not less than 20 percent of the exhibitors 
                are firearm exhibitors;
                    ``(ii) there are not less than 10 firearm 
                exhibitors; or
                    ``(iii) 50 or more firearms are offered for sale, 
                transfer, or exchange.
    ``(36) The term `gun show promoter' means any person who organizes, 
plans, promotes, or operates a gun show.
    ``(37) 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.''.
    (c) 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) 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) It shall be unlawful for any person to organize, plan, 
promote, or operate a gun show unless that person--
            ``(1) 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;
            ``(2) 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;
            ``(3) notifies each person who attends the gun show of the 
        requirements of this chapter, in accordance with such 
        regulations as the Secretary shall prescribe; and
            ``(4) maintains a copy of the records described in 
        paragraphs (1) and (2) 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)(1) 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) 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).
    ``(3) Nothing in this section shall permit or authorize the 
Secretary to impose recordkeeping requirements on any nonlicensed 
vendor.
    ``(d)(1) 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) 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) 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 comply again with the requirements of section 
        922(t) in delivering the firearm to the nonlicensed 
        transferor), and notify the nonlicensed transferor and the 
        nonlicensed 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 
        transfer 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 
        nonlicensed 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) 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) In this section, the term `firearm transaction'--
            ``(1) includes the offer for sale, sale, transfer, or 
        exchange of a firearm; and
            ``(2) does not include the mere exhibition 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 931--
            ``(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 transfers at gun shows.''; and
                    (B) in the first sentence of section 923(j), by 
                striking ``a gun show or event'' and inserting ``an 
                event''.
    (d) Inspection Authority.--Section 923(g)(1) of title 18, United 
States Code, 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.''.
    (e) Increased Penalties for Serious Recordkeeping Violations by 
Licensees.--Section 924(a)(3) of title 18, United States Code, is 
amended to read as follows:
    ``(3)(A) Except as provided in subparagraph (B), any licensed 
dealer, licensed importer, licensed manufacturer, or licensed collector 
who knowingly makes any false statement or representation with respect 
to the information required by this chapter to be kept in the records 
of a person licensed under this chapter, or violates section 922(m) 
shall be fined under this title, imprisoned not more than 1 year, or 
both.
    ``(B) If the violation described in subparagraph (A) is in relation 
to an offense--
            ``(i) under paragraph (1) or (3) of section 922(b), such 
        person shall be fined under this title, imprisoned not more 
        than 5 years, or both; or
            ``(ii) under subsection (a)(6) or (d) of section 922, such 
        person shall be fined under this title, imprisoned not more 
        than 10 years, or both.''.
    (f) 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''.
    (g) Gun Owner Privacy and Prevention of Fraud and Abuse of System 
Information.--Section 922(t)(2)(C) of title 18, United States Code, is 
amended by inserting before the period at the end the following: ``, as 
soon as possible, consistent with the responsibility of the Attorney 
General under section 103(h) of the Brady Handgun Violence Prevention 
Act to ensure the privacy and security of the system and to prevent 
system fraud and abuse, but in no event later than 90 days after the 
date on which the licensee first contacts the system with respect to 
the transfer''.
    (h) Effective Date.--This title and the amendments made by this 
title shall take effect 180 days after the date of the enactment of 
this Act.
                                 <all>