[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 436 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 436
To amend chapter 44 of title 18, United States Code, to require the
provision of a child safety lock in connection with the transfer of a
handgun and provide safety standards for child safety locks.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2001
Mr. Kohl (for himself, Mr. Chafee, Mrs. Boxer, Mr. Durbin, Mr. Schumer,
Mr. Reed, Mr. Kerry, and Mr. Corzine) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 44 of title 18, United States Code, to require the
provision of a child safety lock in connection with the transfer of a
handgun and provide safety standards for child safety locks.
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 Safety Lock Act of 2001''.
SEC. 2. REQUIREMENT OF CHILD HANDGUN SAFETY LOCKS.
(a) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(35) The term `locking device' means a device or locking
mechanism--
``(A) that--
``(i) if installed on a firearm and secured
by means of a key or a mechanically,
electronically, or electromechanically operated
combination lock, is designed to prevent the
firearm from being discharged without first
deactivating or removing the device by means of
a key or mechanically, electronically, or
electromechanically operated combination lock;
``(ii) if incorporated into the design of a
firearm, is designed to prevent discharge of
the firearm by any person who does not have
access to the key or other device designed to
unlock the mechanism and thereby allow
discharge of the firearm; or
``(iii) is a safe, gun safe, gun case, lock
box, or other device that is designed to store
a firearm and that is designed to be unlocked
only by means of a key, a combination, or other
similar means; and
``(B) that is approved by a licensed firearms
manufacturer for use on the handgun with which the
device or locking mechanism is sold, delivered, or
transferred.''.
(b) Unlawful Acts.--
(1) In general.--Section 922 of title 18, United States
Code, is amended by inserting after subsection (y) the
following:
``(z) Locking Devices.--
``(1) In general.--Except as provided in paragraph (2), 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 a licensed manufacturer,
licensed importer, or licensed dealer, unless the transferee is
provided with a locking device for that handgun.
``(2) Exceptions.--Paragraph (1) does not apply to--
``(A) the--
``(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 firearm; or
``(ii) transfer to, or possession by, a law
enforcement officer employed by an entity
referred to in clause (i) of a firearm for law
enforcement purposes (whether on or off duty);
or
``(B) the 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 firearm for purposes of law enforcement
(whether on or off duty).''.
(2) Effective date.--Section 922(y) of title 18, United
States Code, as added by this subsection, shall take effect 180
days after the date of enactment of this Act.
(c) Liability; Evidence.--
(1) Liability.--Nothing in this section shall be construed
to--
(A) create a cause of action against any firearms
dealer 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 section 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 this
section.
(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(y) of that title.
(d) 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) Penalties Relating to Locking Devices.--
``(1) In general.--
``(A) Suspension or revocation of license; civil
penalties.--With respect to each violation of section
922(y)(1) by a licensee, the Secretary may, after
notice and opportunity for hearing--
``(i) suspend or revoke any license issued
to the licensee under this chapter; or
``(ii) subject the licensee to a civil
penalty in an amount equal to not more than
$10,000.
``(B) Review.--An action of the Secretary under
this paragraph may be reviewed only as provided in
section 923(f).
``(2) Administrative remedies.--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.''.
SEC. 3. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.
(a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et
seq.) is amended by adding at the end thereof the following:
``SEC. 38. CHILD HANDGUN SAFETY LOCKS.
``(a) Establishment of Standard.--
``(1) In general.--
``(A) Rulemaking required.--Notwithstanding section
3(a)(1)(E) of this Act, the Commission shall initiate a
rulemaking proceeding under section 553 of title 5,
United States Code, within 90 days after the date of
enactment of the Child Safety Lock Act of 2001 to
establish a consumer product safety standard for
locking devices. The Commission may extend the 90-day
period for good cause. Notwithstanding any other
provision of law, including chapter 5 of title 5,
United States Code, the Commission shall promulgate a
final consumer product safety standard under this
paragraph within 12 months after the date on which it
initiated the rulemaking. The Commission may extend
that 12-month period for good cause. The consumer
product safety standard promulgated under this
paragraph shall take effect 6 months after the date on
which the final standard is promulgated.
``(B) Standard requirements.--The standard
promulgated under subparagraph (A) shall require
locking devices that--
``(i) are sufficiently difficult for
children to de-activate or remove; and
``(ii) prevent the discharge of the handgun
unless the locking device has been de-activated
or removed.
``(2) Certain provisions not to apply.--
``(A) Provisions of this act.--Sections 7, 9, and
30(d) of this Act do not apply to the rulemaking
proceeding under paragraph (1). Section 11 of this Act
does not apply to any consumer product safety standard
promulgated under paragraph (1).
``(B) Chapter 5 of title 5.--Except for section
553, chapter 5 of title 5, United States Code, does not
apply to this section.
``(C) Chapter 6 of title 5.--Chapter 6 of title 5,
United States Code, does not apply to this section.
``(D) National environmental policy act.--The
National Environmental Policy Act of 1969 (42 U.S.C.
4321) does not apply to this section.
``(b) No Effect on State Law.--Notwithstanding section 26 of this
Act, this section does not annul, alter, impair, affect, or exempt any
person subject to the provisions of this section from complying with
any provision of the law of any State or any political subdivision
thereof, except to the extent that such provisions of State law are
inconsistent with any provision of this section, and then only to the
extent of the inconsistency. A provision of State law is not
inconsistent with this section if such provision affords greater
protection to children in respect of handguns than is afforded by this
section.
``(c) Enforcement.--Notwithstanding subsection (a)(2)(A), the
consumer product safety standard promulgated by the Commission under
subsection (a) shall be enforced under this Act as if it were a
consumer product safety standard described in section 7(a).
``(d) Definitions.--In this section:
``(1) Child.--The term `child' means an individual who has
not attained the age of 13 years.
``(2) Locking device.--The term `locking device' has the
meaning given that term in clauses (i) and (iii) of section
921(a)(35)(A) of title 18, United States Code.''.
(b) Conforming Amendment.--Section 1 of the Consumer Product Safety
Act is amended by adding at the end of the table of contents the
following:
``Sec. 38. Child handgun safety locks.''.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Consumer Product Safety Commission $2,000,000 to
carry out the provisions of section 38 of the Consumer Product Safety
Act, such sums to remain available until expended.
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