[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 246 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 246

               To prevent children's access to firearms.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2005

   Ms. Jackson-Lee of Texas introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
               To prevent children's access to 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 ``Child Gun Safety and Gun Access 
Prevention Act of 2005''.

SEC. 2. INCREASING YOUTH GUN SAFETY BY RAISING THE AGE OF HANDGUN 
              ELIGIBILITY AND PROHIBITING YOUTH FROM POSSESSING 
              SEMIAUTOMATIC ASSAULT WEAPONS.

    Section 922(x) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``juvenile'' and inserting ``person 
                who is less than 21 years of age'';
                    (B) by striking ``or'' at the end of subparagraph 
                (A);
                    (C) by striking the period at the end of 
                subparagraph (B) and inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(C) a semiautomatic assault weapon; or
            ``(D) a large capacity ammunition feeding device.'';
            (2) in paragraph (2)--
                    (A) by striking ``a juvenile'' and inserting ``less 
                than 21 years of age'';
                    (B) by striking ``or'' at the end of subparagraph 
                (A);
                    (C) by striking the period at the end of 
                subparagraph (B) and inserting a semicolon; and
                    (D) by inserting at the end the following:
                    ``(C) a semiautomatic assault weapon; or
                    ``(D) a large capacity ammunition feeding 
                device.'';
            (3) in paragraph (3)(A), by inserting ``temporary'' before 
        ``possession'';
            (4) in paragraph (3)(B), by striking ``juvenile'' and 
        inserting ``person who is less than 21 years of age'';
            (5) in paragraph (3)(C), by striking ``juvenile; or'' and 
        inserting ``person who is less than 21 years of age;'';
            (6) by striking subparagraph (D) of paragraph (3) and 
        inserting the following:
            ``(D) the possession of a handgun or ammunition by a person 
        who is less than 21 years of age taken in defense of that 
        person or other persons against an intruder into the residence 
        of that person or a residence in which that person is an 
        invited guest; or'';
            (7) by adding at the end of paragraph (3) the following:
            ``(E) a temporary transfer of a handgun or ammunition to a 
        person who is at least 18 years of age and less than 21 years 
        of age, or the temporary use or possession of a handgun or 
        ammunition by a person who is at least 18 years of age and less 
        than 21 years of age, if the handgun and ammunition are 
        possessed and used by the person--
                    ``(i) in the course of employment, in the course of 
                ranching or farming related to activities at the 
                residence of the person (or on property used for 
                ranching or farming at which the person, with the 
                permission of the property owner or lessee, is 
                performing activities related to the operation of the 
                farm or ranch), target practice, hunting, or a course 
                of instruction in the safe and lawful use of a handgun; 
                and
                    ``(ii) in accordance with State and local law.''; 
                and
            (8) in paragraph (4), by striking ``juvenile'' each place 
        it appears and inserting ``person who is less than 21 years of 
        age''.

SEC. 3. ENHANCED PENALTY FOR YOUTH POSSESSION OF HANDGUNS AND 
              SEMIAUTOMATIC ASSAULT WEAPONS AND FOR THE TRANSFER OF 
              SUCH WEAPONS TO YOUTH.

    Section 924(a)(6) of title 18, United States Code, is amended to 
read as follows:
    ``(6)(A) A juvenile who violates section 922(x) shall be fined 
under this title, imprisoned not more than one year, or both, and for a 
second or subsequent violation, or for a first violation committed 
after an adjudication of delinquency or after a State or Federal 
conviction for an act that, if committed by an adult, would be a 
serious violent felony (as defined in section 3559(c) of this title), 
shall be fined under this title, imprisoned not more than 5 years, or 
both.
    ``(B) A person other than a juvenile who knowingly violates section 
922(x)--
            ``(i) shall be fined under this title, imprisoned not more 
        than five years, or both; and
            ``(ii) if the person sold, delivered, or otherwise 
        transferred a handgun, ammunition, semiautomatic assault 
        weapon, or large capacity ammunition feeding device to a person 
        who is less than 21 years of age knowing or having reasonable 
        cause to know that such person intended to carry or otherwise 
        possess or discharge or otherwise use the handgun, ammunition, 
        semiautomatic assault weapon, or large capacity ammunition 
        feeding device in the commission of a crime of violence, shall 
        be fined under this title, imprisoned for not more than 10 
        years, or both.''.

SEC. 4. GUN STORAGE AND SAFETY DEVICES FOR ALL FIREARMS.

    (a) Secure Gun Storage or Safety Devices by Federal Firearms 
Licensees.--Section 922 of title 18, United States Code, is amended by 
adding at the end the following:
    ``(z) It shall be unlawful for any licensed importer, licensed 
manufacturer, or licensed dealer to sell, transfer, or deliver any 
firearm to any person (other than a licensed importer, licensed 
manufacturer, or licensed dealer) unless the transferee is provided 
with a secure gun storage or safety device.''.
    (b) Penalties.--Section 924 of such title is amended--
            (1) in subsection (a)(1) by inserting ``, or (p)'' before 
        ``of this section''; and
            (2) by adding at the end the following:
    ``(p) The Attorney General may, after notice and opportunity for 
hearing, suspend or revoke any license issued under this chapter or may 
subject the licensee to a civil penalty of not more than $10,000 if the 
holder of such license has knowingly violated section 922(z) of this 
chapter. The actions of the Attorney General under this subsection may 
be reviewed only as provided in section 923(f).''.
    (c) Repeal of Inconsistent Provisions.--
            (1) Section 923(d)(1) of such title is amended--
                    (A) in subparagraph (E) by adding at the end 
                ``and'';
                    (B) in subparagraph (F) by striking
                ``; and'' and inserting a period; and
                    (C) by striking subparagraph (G).
            (2) Section 923(e) of such title is amended by striking 
        ``or fails to have secure gun storage or safety devices 
        available at any place in which firearms are sold under the 
        license to persons who are not licensees (except that in any 
        case in which a secure gun storage or safety device is 
        temporarily unavailable because of theft, casualty loss, 
        consumer sales, backorders from a manufacturer, or any other 
        similar reason beyond the control of the licensee, shall not be 
        considered to be in violation of the requirement to make 
        available such a device)''.
            (3) Section 119 of the Departments of Commerce, Justice, 
        and State, the Judiciary, and Related Agencies Appropriations 
        Act, 1999 (as contained in section 101(b) of division A of the 
        Omnibus Consolidated and Emergency Supplemental Appropriations 
        Act, 1999; Public Law 105-277) is amended by striking 
        subsection (d).
    (d) Effective Date.--The amendments made by this section shall be 
effective 180 days after the date of the enactment of this Act.

SEC. 5. RESPONSIBILITY OF ADULTS FOR DEATH AND INJURY CAUSED BY CHILD 
              ACCESS TO FIREARMS.

    Section 922 of title 18, United States Code, is further amended by 
adding at the end the following:
    ``(aa)(1) In this subsection, the term `child' means an individual 
who has not attained the age of 18 years.
    ``(2) Except as provided in paragraph (3), any person who--
            ``(A) keeps a loaded firearm, or an unloaded firearm and 
        ammunition for the firearm, any one of which has been shipped 
        or transported in interstate or foreign commerce, within any 
        premises that is under the custody or control of that person; 
        and
            ``(B) knows, or recklessly disregards the risk, that a 
        child is capable of gaining access to the firearm; and
            ``(C)(i) knows, or recklessly disregards the risk, that a 
        child will use the firearm to cause death or serious bodily 
        injury (as defined in section 1365 of this title) to the child 
        or any other person; or
            ``(ii) knows, or recklessly disregards the risk, that 
        possession of the firearm by the child is unlawful under 
        Federal or State law,
if the child uses the firearm to cause death or serious bodily injury 
to the child or any other person, shall be imprisoned not more than 3 
years, fined under this title, or both.
    ``(3) Paragraph (2) shall not apply if--
            ``(A) at the time the child obtained access, the firearm 
        was secured with a secure gun storage or safety device;
            ``(B) the person is a peace officer, a member of the Armed 
        Forces, or a member of the National Guard, and the child 
        obtains the firearm during, or incidental to, the performance 
        of the official duties of the person in that capacity;
            ``(C) the child uses the firearm in a lawful act of self-
        defense or defense of 1 or more other persons; or
            ``(D) the person has no reasonable expectation, based on 
        objective facts and circumstances, that a child is likely to be 
        present on the premises on which the firearm is kept.''.

SEC. 6. REQUIREMENT THAT CHILD BE ACCOMPANIED BY AN ADULT DURING A GUN 
              SHOW.

    (a) Prohibitions.--Section 922 of title 18, United States Code, is 
further amended by adding at the end the following:
    ``(bb)(1) The parent or legal guardian of a child shall ensure 
that, while the child is attending a gun show, the child is accompanied 
by an adult.
    ``(2) It shall be unlawful for a person to conduct a gun show to 
which there is admitted a child who is not accompanied by an adult.
    ``(3) In this subsection:
            ``(A) The term `child' means an individual who has not 
        attained 18 years of age.
            ``(B) The term `adult' means an individual who has attained 
        18 years of age.''.
    (b) Penalties.--Section 924(a) of such title is amended by adding 
at the end the following:
    ``(8) Whoever violates section 922(bb) in a State shall be punished 
in accordance with the laws of the State that apply to persons 
convicted of child abandonment.''.

SEC. 7. GRANTS FOR GUN SAFETY EDUCATION PROGRAMS.

    (a) Program Authority.--The Attorney General is authorized to 
provide grants to units of local government to enable law enforcement 
agencies to develop and sponsor gun safety classes for parents and 
their children.
    (b) Application.--
            (1) In general.--Any unit of local government that desires 
        to receive a grant award under this section shall submit an 
        application to the Attorney General at such time, in such 
        manner and containing such information as the Attorney General 
        may reasonably require.
            (2) Contents.--Each application referred to in paragraph 
        (1) shall include an assurance that--
                    (A) funds received under this section shall be used 
                only to provide funds to law enforcement agencies to 
                provide gun safety classes; and
                    (B) gun safety classes will be offered at times 
                convenient to parents, including evenings and weekends.
    (c) Regulations.--The Attorney General shall issue any regulations 
necessary to carry out this section.

SEC. 8. EDUCATION: NATIONWIDE FIREARMS SAFETY PROGRAMS.

    It is the sense of Congress that--
            (1) each school district should provide or participate in a 
        firearms safety program for students in grades kindergarten 
        through 12 and should consult with a certified firearms 
        instructor before establishing the curriculum for the program; 
        and
            (2) participation by students in a firearms safety program 
        should not be mandatory if the district receives written notice 
        from a parent of the student to exempt the student from the 
        program.
                                 <all>