[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1423 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1423

 To ban the manufacture, sale, delivery, and transfer of handguns that 
cannot be personalized, and to provide for a report to the Congress on 
         the commercial feasibility of personalizing firearms.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2005

Mr. Pascrell (for himself, Mrs. McCarthy, Mr. Kennedy of Rhode Island, 
Mr. Weiner, Mr. Delahunt, Mr. Payne, Mrs. Maloney, Mr. Capuano, and Ms. 
 Schakowsky) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To ban the manufacture, sale, delivery, and transfer of handguns that 
cannot be personalized, and to provide for a report to the Congress on 
         the commercial feasibility of personalizing 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 ``Childproof Handgun Act of 2005''.

SEC. 2. BAN ON MANUFACTURE, SALE, DELIVERY, AND TRANSFER OF HANDGUNS 
              THAT CANNOT BE PERSONALIZED.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(z)(1) It shall be unlawful for a person who is not a licensed 
collector to manufacture, sell, deliver, or transfer a handgun that 
cannot be personalized.
    ``(2) Paragraph (1) shall not apply to any manufacture for, or 
sale, delivery, or transfer to, an individual acting under the 
authority of the United States or any department or agency of the 
United States, or of any State or any department, agency, or political 
subdivision of a State.''.
    (b) Personalized Defined.--Section 921(a) of such title is amended 
by adding at the end the following:
    ``(36) The term `personalized' means, with respect to a handgun, 
that integral to the handgun is a device or feature that--
            ``(A) allows the handgun to be fired only by a particular 
        individual;
            ``(B) is not capable of being readily deactivated; and
            ``(C) may allow the handgun to be personalized to 1 or more 
        additional individuals.''.
    (c) Penalty.--Section 924(a) of such title is amended by adding at 
the end the following:
    ``(8) Whoever knowingly violates section 922(z) shall be fined not 
more than $500,000, imprisoned not more than 18 months, or both. The 
fine otherwise applicable under section 3571 shall not apply to an 
offense under section 922(z).''.
    (d) Effective Date.--The amendments made by this section shall 
apply to conduct engaged in after the 5-year period that begins with 
the date of the enactment of this Act if the report required by section 
3 states that the technology to personalize firearms (within the 
meaning of section 921(a)(36) of title 18, United States Code) will be 
commercially feasible by the end of such 5-year period.

SEC. 3. REPORT TO THE CONGRESS ON TECHNOLOGY TO PERSONALIZE FIREARMS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study of the state of the technology involved in 
personalizing firearms (within the meaning of section 921(a)(36) of 
title 18, United States Code) and determine whether such technology 
will be commercially feasible within 5 years after the date of the 
enactment of this Act.
    (b) Report to the Congress.--Within 2 years after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committee on the Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate a written report on the 
results of the study required by subsection (a).
    (c) Commercial Feasibility.--In determining whether the technology 
involved in personalizing firearms is commercially feasible, the 
Comptroller General shall consider the following factors:
            (1) The reliability of the technology utilized in 
        personalized firearms.
            (2) The difference between the manufacturer's suggested 
        retail price for personalized firearms and the manufacturer's 
        suggested retail price for equivalent firearms that are not 
        personalized.
            (3) Such other criteria as the Comptroller General deems 
        appropriate.
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