[Congressional Record Volume 140, Number 106 (Thursday, August 4, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 4, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
    INTRODUCTION OF THE FIREARMS SAFETY AND VIOLENCE PREVENTION ACT

                                 ______


                          HON. MAJOR R. OWENS

                              of new york

                    in the house of representatives

                        Thursday, August 4, 1994

  Mr. OWENS. Mr. Speaker, I rise to introduce the Firearms Safety and 
Violence Prevention Act. This legislation would grant the Federal 
Bureau of Alcohol, Tobacco and Firearms [ATF] broad authority to 
regulate the design, manufacture, distribution, and performance of 
firearms and ammunition for the promotion of public health and safety.
  Currently, ATF aggressively monitors illegal commerce in firearms. 
Its sole mission is to promote criminal justice. However, firearms not 
only pose a criminal threat, but also pose a significantly high risk to 
public health. It therefore is important that ATF also be vested with 
the mission to promote public health and prevent violence, particularly 
since none of the agencies with public health missions has the 
expertise necessary to regulate firearms.
  Because of ATF's exclusive focus on criminal justice, the gun 
industry has always enjoyed a complete lack of regulation. For example, 
while some firearm manufacturers equip their products with trigger 
arrestors or loading indicators, they are not required to do so.
  In contrast, the Consumer Product Safety Commission [CPSC] in 1988 
banned worm probes which use electrical charges to drive worms from the 
ground after 28 people died as a result of using them. Twenty eight 
people is a far cry from the 37,000 people who are killed by guns each 
year, yet ATF does not have the authority to issue gun regulations to 
ensure consumer safety.
  Moreover, it is shocking and ironic that children's toys are more 
strictly regulated than guns, particularly when one considers that so 
many children are killed by guns every year. According to the National 
Center for Health Statistics, every day in America 13 children under 
the age of 19 are killed by gunfire.
  The Firearms Safety and Violence Prevention Act would end the gun 
industry's preferential treatment by giving ATF the power to regulate 
firearms like other consumer products. ATF would have the authority to 
take the steps necessary to protect consumers from any unreasonable 
risk of injury resulting from the use of firearms or firearm products. 
ATF could meet this responsibility by setting safety standards, issuing 
recalls of defective firearms, and mandating warnings. Only if measures 
such as these failed to prevent the public from being exposed to an 
unreasonable risk of injury could ATF then prohibit the manufacture, 
sale, or transfer of a specific firearm.
  The addition of violence prevention to ATF's agenda is vital to the 
continued viability of our Nation's health care system. Between 1960 
and 1980, the Nation's firearm death rate increased 160 percent while 
the rate for other homicides declined. According to the Centers for 
Disease Control, firearm injuries soon may overtake motor vehicle 
injuries as the Nation's leading cause of injury mortality, and already 
have in eight States. That trend is not good news, since firearm 
injuries are more costly than any other type of injury. The total cost 
of firearm injuries in 1990 was $20.4 billion--a 42-percent increase in 
costs over the 1985 level. These health cost data illustrate the 
importance of preventing firearm injuries, and no agency can match 
ATF's expertise in relation to firearms.
  Mr. Speaker, this bill represent a crucial step forward in the effort 
to promote public health because it sends the message that violence is 
preventable. I urge my colleagues to cosponsor this legislation and 
join me in sending that message.

The Firearms Safety and Violence Prevention Act--An Act To Regulate the 
                   Manufacture and Safety of Firearms

       Expands the authority of the federal Bureau of Alcohol, 
     Tobacco and Firearms (ATF) to regulate the design, 
     manufacture, and distribution of firearms and ammunition. The 
     Act grants ATF health and safety powers in addition to its 
     law enforcement functions. ATF would be empowered to take the 
     steps necessary to protect the public from unreasonable risk 
     of injury resulting from the use of firearms or firearm 
     products.
       Expands ATF's jurisdiction to include firearm-related 
     products (such as laser sights and trigger activators) and 
     non-powder firearms.
       Establishes within ATF a Firearms Violence Information and 
     Research Clearinghouse to collect, analyze, and make 
     available to the public data regarding the firearms industry 
     as well as firearm-related death and injury.
       Extends ATF's authority to include the ability to set 
     safety standards, issue recalls of defective firearms, and 
     mandate warnings.
       Authorizes ATF to prohibit the manufacture and transfer of 
     specific firearms, but only if the agency determines that the 
     exercise of other authority granted the agency would be 
     insufficient to prevent exposure of the public to 
     unreasonable risk of injury.
       Allows ATF to take emergency action to protect the public 
     from ``imminently hazardous'' firearm products.
       Requires manufacturers to test firearms and firearm 
     products to guarantee compliance with relevant standards 
     issued by ATF. All firearms and firearm products must be 
     labeled with the name and address of the manufacturer to 
     ensure that defective guns can be identified and traced.
       Requires manufacturers to notify ATF of intent to 
     manufacture new types of firearms.
       Sets penalties of up to $5,000 per violation for civil 
     violations of the Act. Criminal penalties may include 
     imprisonment for not more than two years and fines under the 
     existing criminal statute.
       Establishes a private right of action for persons harmed by 
     violations of the Act and allows for private enforcement of 
     the provisions of the Act.