[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 866 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 866

  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

                             April 10, 2003

   Mr. Kohl (for himself, Mr. Durbin, Mr. Schumer, Mr. Corzine, Mrs. 
Feinstein, Mr. Reed, and Mr. Lautenberg) 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 2003''.

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:
            ``(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 inserting at the end the following:
    ``(z) Locking Devices.--
            ``(1) In general.--Except as provided under 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) shall not apply to--
                    ``(A) the 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;
                    ``(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 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(z) 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(z)(1) by a licensee, the Attorney General 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 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 LOCKS.

    ``(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 Lock Act of 2003 
                to establish a consumer product safety standard for 
                locking devices. The Commission may extend the 90-day 
                period for good cause.
                    ``(B) Final rule.--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 not later than 12 months after the date on 
                which it initiated the rulemaking. The Commission may 
                extend that 12-month period for good cause.
                    ``(C) Effective date.--The consumer product safety 
                standard promulgated under this paragraph shall take 
                effect 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.--Except for section 
                553, chapter 5 of title 5, United States Code, 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.
                    ``(D) National environmental policy act.--The 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321) shall not apply to this section.
    ``(b) No Effect on State Law.--
            ``(1) In general.--Notwithstanding section 26, this section 
        shall not annul, alter, impair, affect, or exempt any person 
        subject to the provisions of this section from complying with 
        any provision of 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 such inconsistency.
            ``(2) Clarification.--A provision of State law is not 
        inconsistent with this section if such provision affords 
        greater protection to children from handguns than is afforded 
        by this section.
    ``(c) 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).
    ``(d) 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 locks.''.
    (c) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Consumer Product Safety Commission $2,000,000 to carry out 
        the provisions of section 39 of the Consumer Product Safety 
        Act, as added by this Act.
            (2) Availability.--Any amounts appropriated pursuant to 
        paragraph (1) shall remain available until expended.
                                 <all>