[Congressional Record Volume 145, Number 39 (Thursday, March 11, 1999)]
[Senate]
[Page S2591]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH of New Hampshire (for himself, Mr. Inhofe, Mr. 
        Burns, Mr. Enzi, and Mr. Murkowski):
  S. 597. A bill to amend section 922 of chapter 44 of title 28, United 
States Code, to protect the right of citizens under the Second 
Amendment to the Constitution of the United States; to the Committee on 
the Judiciary.


             second amendment rights protection act of 1999

  Mr. SMITH of New Hampshire. Mr. President, I rise to introduce the 
``Second Anendment Rights Protection Act of 1999.'' I am pleased and 
honored that Senators Inhofe, Burns, Enzi, and Murkowski are joining me 
as original cosponsors.
  Mr. President, the Second Amendment Rights Protection Act of 1999 
encompasses all of the provisions of the Smith Amendment, which passed 
the Senate by a vote of 69-31 on July 21, 1998, during consideration of 
the Commerce, Justice, State appropriations bill for fiscal year 1999. 
Only a substantially modified version of the Smith amendment was 
included in the final omnibus appropriations measure.
  The National Instant Criminal Background Check System (NICS) went 
into effect on December 1, 1998. My bill would require the immediate 
destruction of all information submitted by any person who has been 
cleared by the NICS to purchase a firearm. There is no reason why such 
private information on law-abiding gun owners should be retained. I 
continue to be troubled by the Clinton administration's insistence upon 
doing so.
  In addition, Mr. President, my bill would prohibit the imposition of 
any tax or fee in connection with the NICS. Once again, in his budget 
submission for fiscal year 2000, President Clinton is seeking to fund 
NICS with a gun tax.
  With the Smith amendment last year, we told President Clinton ``no'' 
to the gun tax. Let us tell him ``no'' again, once and for all, by 
enacting the Second Amendment Rights Protection Act.
  Finally, Mr. President, my bill would create a private cause of 
action for any individual who is aggrieved by a violation of its 
provisions.
  Mr. President, I ask unanimous consent for the printing of the text 
of my bill, the Second Amendment Rights Protection Act of 1999, in the 
Record.
  There being no objection, the bill was ordered to the printed in the 
Record, as follows:

                                 S. 597

       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 ``Second Amendment Rights 
     Protection Act of 1999.''

     SEC. 2. PROTECTION OF SECOND AMENDMENT RIGHTS.

       Subsection (t) of section 922 of chapter 44 of Title 18, 
     United States Code, is amended by inserting at the end 
     thereof the following new paragraph:
       ``(7) None of the funds appropriated pursuant to any 
     provision of law may be used for (1) any system to implement 
     this subsection that does not require and result in the 
     immediate destruction of all information, in any form 
     whatsoever, submitted by or on behalf of any person who has 
     been determined not be prohibited from owning a firearm; (2) 
     the implementation or collection of any tax or fee by any 
     officer, agent, or employee of the United States, or by any 
     state or local officer or agent acting on behalf of the 
     United States, in connection with the implementation of this 
     subsection, provided, that any person aggrieved by a 
     violation of this provision may bring an action in the 
     Federal district court for the district in which the person 
     resides; provided further, that any person who is successful 
     with respect to any such action shall receive damages, 
     punitive damages, and such other remedies as the court may 
     determine to be appropriate, including a reasonable 
     attorney's fee.''
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