[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1355 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1355

          To prevent children from having access to firearms.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2001

  Mr. Durbin (for himself, Mr. Kennedy, Mr. Levin, Mr. Reed, and Mr. 
   Schumer) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
          To prevent children from having access to 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 ``Children's Firearm Access Prevention 
Act''.

SEC. 2. CHILDREN AND FIREARMS SAFETY.

    (a) Definition.--Section 921(a)(34)(A) of title 18, United States 
Code, is amended by inserting ``or removing'' after ``deactivating''.
    (b) Prohibition.--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) Definitions.--In this subsection:
                    ``(A) Juvenile.--The term `juvenile' means an 
                individual who has not attained the age of 18 years.
                    ``(B) Criminal negligence.--The term `criminal 
                negligence' pertains to conduct that involves a gross 
                deviation from the standard of care that a reasonable 
                person would exercise under the circumstances, but 
                which is not reckless.
            ``(2) Prohibition.--Except as provided in paragraph (3), it 
        shall be unlawful for any person to keep a loaded firearm, or 
        an unloaded firearm and ammunition for a firearm, any of which 
        has been shipped or transported in interstate or foreign 
        commerce or otherwise substantially affects interstate or 
        foreign commerce, within any premises that is under the custody 
        or control of that person if that person knows or, with 
        criminal negligence, 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, and fails to take 
        steps to prevent such access.
            ``(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 one 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;
                    ``(E) the juvenile obtains the firearm as a result 
                of an unlawful entry by any person;
                    ``(F) the juvenile was supervised by a person older 
                than 18 years of age and was engaging in hunting, 
                sporting, or another lawful purpose; or
                    ``(G) the juvenile gained the gun during a time 
                that the juvenile was engaged in an agricultural 
                enterprise.''.
    (c) Penalties.--Section 924(a) of title 18, United States Code, is 
amended by adding at the end the following:
    ``(7)(A) Whoever violates section 922(z), if a juvenile (as defined 
in section 922(z)) obtains access to the firearm that is the subject of 
the violation and thereby causes death or serious bodily injury to the 
juvenile or to any other person, shall be fined not more than $4,000, 
imprisoned not more than 1 year, or both.
    ``(B) Whoever violates section 922(z), if a juvenile (as defined in 
section 922(z)) obtains access to the firearm that is the subject of 
the violation shall be fined not more than $500.''.
    (d) Role of Licensed Firearms Dealers.--Section 926 of title 18, 
United States Code, is amended by adding at the end the following:
    ``(d) Contents of Form.--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;
    ``(e) Notice of Children's Firearm Access Prevention Act.--A 
licensed dealer shall post a prominent notice in the place of business 
of the licensed dealer as follows:
            ``IT IS UNLAWFUL AND A VIOLATION OF THE CHILDREN'S FIREARM 
        ACCESS PREVENTION ACT TO STORE, TRANSPORT, OR ABANDON AN 
        UNINSURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE 
        AND CAN OBTAIN ACCESS TO THE FIREARM.''.
    (e) 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 
juveniles from injuring themselves or others with firearms.
                                 <all>