[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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