[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2129 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2129

  To amend chapter 44 of title 18, United States Code, to require the 
provision of a child safety device in connection with the transfer of a 
   handgun and to provide safety standards for child safety devices.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2004

  Mrs. Boxer 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 device in connection with the transfer of a 
   handgun and to provide safety standards for child safety devices.

    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 Device Act of 2004''.

 SEC. 2. REQUIREMENT OF CHILD HANDGUN SAFETY DEVICES.

    (a) Definitions.--Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following:
            ``(36) The term `locking device' means a device or locking 
        mechanism 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 and that--
                    ``(A) 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;
                    ``(B) 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
                    ``(C) 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.''.
    (b) Unlawful Acts.--
            (1) In general.--Section 922 of title 18, United States 
        Code, is amended by adding at the end the following:
    ``(z) Locking Devices.--
            ``(1) In general.--Except as provided under paragraph (2), 
        it shall be unlawful for any licensed importer, licensed 
        manufacturer, or licensed dealer to sell, deliver, or transfer 
        any handgun to any person other than a licensed importer, 
        licensed manufacturer, or licensed dealer, unless the 
        transferee is provided with a locking device for that handgun.
            ``(2) Exceptions.--Paragraph (1) shall not apply to--
                    ``(A) the manufacture for, transfer to, or 
                possession by, the United States, a department or 
                agency of the United States, a State, or a department, 
                agency, or political subdivision of a State, of a 
                firearm;
                    ``(B) transfer to, or possession by, a law 
                enforcement officer employed by an entity referred to 
                in subparagraph (A) of a firearm for law enforcement 
                purposes (whether on or off duty); or
                    ``(C) the transfer to, or possession by, a rail 
                police officer employed by a rail carrier and certified 
                or commissioned as a police officer under State law of 
                a firearm for purposes of law enforcement (whether on 
                or off duty).''.
            (2) Effective date.--Section 922(z) of title 18, United 
        States Code, as added by this subsection, shall take effect on 
        the date which is 180 days after the date of enactment of this 
        Act.
    (c) 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(z)(1) by a licensee, the Attorney General shall, 
                after notice and opportunity for hearing--
                            ``(i) suspend or revoke any license issued 
                        to the licensee under this chapter;
                            ``(ii) subject the licensee to a civil 
                        penalty of not more than $15,000; or
                            ``(iii) impose the penalties described in 
                        clauses (i) and (ii).
                    ``(B) Review.--An action by the Attorney General 
                under this paragraph may be reviewed only as provided 
                under 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 Attorney General.''.

 SEC. 3. AMENDMENT TO 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 the following:

``SEC. 39. CHILD HANDGUN SAFETY DEVICES.

    ``(a) Establishment of Standard.--
            ``(1) Rulemaking required.--
                    ``(A) Initiation of rulemaking.--Notwithstanding 
                section 3(a)(1)(E), the Commission shall initiate a 
                rulemaking proceeding under section 553 of title 5, 
United States Code, not later than 90 days after the date of enactment 
of the Child Safety Device Act of 2004 to establish a consumer product 
safety standard for locking devices. The Commission may extend this 90-
day period for good cause.
                    ``(B) Final rule.--Notwithstanding any other 
                provision of law, the Commission shall promulgate a 
                final consumer product safety standard under this 
                paragraph not later than 12 months after the date on 
                which the Commission initiated the rulemaking 
                proceeding under subparagraph (A). The Commission may 
                extend this 12-month period for good cause.
                    ``(C) Effective date.--The consumer product safety 
                standard promulgated under this paragraph shall take 
                effect on the date which is 6 months after the date on 
                which the final standard is promulgated.
                    ``(D) Standard requirements.--The standard 
                promulgated under this paragraph 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) Inapplicable provisions.--
                    ``(A) Provisions of this act.--Sections 7, 9, and 
                30(d) shall not apply to the rulemaking proceeding 
                described under paragraph (1). Section 11 shall not 
                apply to any consumer product safety standard 
                promulgated under paragraph (1).
                    ``(B) Chapter 5 of title 5.--Chapter 5 of title 5, 
                United States Code, except for section 553 of that 
                title, shall not apply to this section.
                    ``(C) Chapter 6 of title 5.--Chapter 6 of title 5, 
                United States Code, shall not apply to this section.
    ``(b) Enforcement.--Notwithstanding subsection (a)(2)(A), the 
consumer product safety standard promulgated by the Commission pursuant 
to subsection (a) shall be enforced under this Act as if it were a 
consumer product safety standard described under section 7(a).
    ``(c) Definitions.--In this section, the following definitions 
shall apply:
            ``(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)(36) 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. 39. Child handgun safety devices.''.
    (c) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Consumer Product Safety Commission $2,000,000 for each of 
        the fiscal years 2005 through 2007 to carry out the provisions 
        of section 39 of the Consumer Product Safety Act, as added by 
        this section.
            (2) Availability of funds.--Any amounts appropriated 
        pursuant to paragraph (1) shall remain available until 
        expended.
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