[Congressional Record Volume 145, Number 62 (Monday, May 3, 1999)]
[Senate]
[Pages S4578-S4579]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Chafee, Mr. Kennedy, Mr. Schumer, 
        Mr. Lautenberg, Mrs. Boxer, and Mr. Reed):
  S. 936. A bill to prevent children from having access to firearms; to 
the Committee on the Judiciary.


                children's firearm access prevention act

  Mr. DURBIN. Mr. President, I rise today with my colleagues Senator 
Chafee, Senator Kennedy, Senator Schumer, Senator Lautenberg, Senator 
Boxer, and Senator Reed to introduce the Child Firearm Access 
Prevention Act of 1999.
  Following the tragedy in Littleton, Colorado, it is natural to ask 
``why'', but we also need to ask ``how?''
  How do two teenagers enter their high school armed with a Tec 9, 
semi-automatic assault rifle, two sawed off 12 gauge shotguns, a 9 
millimeter semi-automatic pistol, 30 explosive devices and kill 13 
innocent people?
  There are those who say you can't pass laws to stop this behavior 
because those inclined to do it will simply ignore the law. I guess the 
message of this logic is if you can't solve the entire problem, you 
shouldn't even try.
  I think that logic is wrong. We have to act and we have to act now. 
Everyday in America, 13 children die as a result of gun violence.
  In the last two years our schools have been shattered by gun 
violence.
  October 1, 1997, Pearl, Mississippi: A sixteen year old boy killed 
his mother then went to his high school and shot nine students, two 
fatally.
  December 1, 1997, West Paducah, Kentucky: Three students were killed 
and five were wounded in a hallway at Heath High School by a 14 year 
old classmate.
  March 24, 1998, Jonesboro, Arkansas: Four girls and a teacher were 
shot to death and 10 people were wounded during a false fire alarm at a 
middle school when two boys 11 and 13 opened fire from the woods.
  April 24, 1998, Edinboro, Pennsylvania: A science teacher was shot to 
death in front of students at an eighth grade dance by a 14 year old 
student.
  May 19, 1998, Fayetteville, Tennessee: Three days before his 
graduation, an 18 year old honor student allegedly opened fire in a 
parking lot at a high school killing a classmate who was dating his ex-
girlfriend.
  May 21, 1998, Springfield, Oregon: Two teen-agers were killed and 
more than 20 people were hurt when a 15 year old boy allegedly opened 
fire at a high school. The boy's parents were killed at their home.
  There is something we can do to protect our children. Seventeen 
states have already recognized the problem and passed a child firearm 
access prevention law, which is known as a CAP law. These laws say to 
those who purchase and own guns, it is not enough for you to follow the 
law in purchasing them and to use the guns safely; you have another 
responsibility. If you are going to own a firearm in your home, you 
have to keep it safely and securely so that children do not have access 
to it.

[[Page S4579]]

  These laws are effective. Florida was the first State to pass a CAP 
law in 1989. The following year, unintentional shooting deaths of 
children dropped 50%. Moreover, a study published in the Journal of the 
American Medical Association (JAMA) in October of 1997 found a 23% 
decrease in unintentional firearm related deaths among children younger 
than 15 in those States that had implemented CAP laws. According to the 
JAMA article, if all 50 states had CAP laws during the period of 1990-
94, 216 children might have lived.
  Should we consider these state laws as a national model? I think the 
obvious answer is yes. Unfortunately, the Littleton tragedy is no 
longer unique.
  Mr. President, what I propose today is Federal legislation that will 
apply to every State, not just 17, but every State. And this is what it 
says. If you want to own a handgun, a rifle or shotgun, and it is legal 
to do so, you can; but if you own it, you have a responsibility to make 
certain that it is kept securely and safely.
  What does the bill do? The bill imposes criminal penalties for gun 
owners who know or should know that a juvenile could gain access to the 
gun, and a juvenile does gain access & thereby causes death or injury 
or exhibits the gun in a public place. The gun owner is subject to a 
prison sentence of up to 1 year and/or fined $10,000 (a misdemeanor 
penalty). The bill also provides a felony provision for a reckless 
violation.
  The bill has 5 common sense exceptions. (1) The adult uses a trigger 
lock, secure storage box, or other secure storage technique; (2) The 
juvenile used the gun in a lawful act of self-defense; (3) The juvenile 
takes the gun off the person of a law enforcement official; (4) The 
owner has no reasonable expectation that juveniles will be on the 
premises; and (5) The juvenile got the gun as a result of a burglary.
  States which have passed CAP laws include: Florida, Connecticut, 
Iowa, California, Nevada, New Jersey, Virginia, Wisconsin, Hawaii, 
Maryland, Minnesota, North Carolina, Delaware, Rhode Island, Texas, 
Massachusetts and Illinois. An examination of this list does not reveal 
the most liberal states in America. The first State to pass this 
legislation in 1989 was Florida and in 1995, Texas, certainly no 
bleeding heart state by any political definition, passed a CAP law.
  I ask my Senate colleagues to join me in this bipartisan effort to 
protect children from the dangers of gun violence. Children and easy 
access to guns are a recipe for tragedy.
  Mr. President, I ask unanimous consent that a copy of the legislation 
be printed in the Record.
  There being no objection, the bill was order to be printed in the 
Record, as follows:

                                 S. 936

       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 ``Children's Firearm Access 
     Prevention Act''.

     SEC. 2. CHILDREN AND FIREARMS SAFETY.

       (a) Definition.--Section 921(a)(34)(A) of title 18, United 
     States Code, is amended by inserting ``or removing'' after 
     ``deactivating''.
       (b) Prohibition.--Section 922 of title 18, United States 
     Code, is amended by inserting after subsection (y) the 
     following:
       ``(z) Prohibition Against Giving Juveniles Access to 
     Certain Firearms.--
       ``(1) Definition of juvenile.--In this subsection, the term 
     `juvenile' means an individual who has not attained the age 
     of 18 years.
       ``(2) Prohibition.--Except as provided in paragraph (3), it 
     shall be unlawful for any person to keep a loaded firearm, or 
     an unloaded firearm and ammunition for the firearm, any of 
     which has been shipped or transported in interstate or 
     foreign commerce or otherwise substantially affects 
     interstate or foreign commerce, within any premise that is 
     under the custody or control of that person if that person 
     knows, or reasonably should know, that a juvenile is capable 
     of gaining access to the firearm without the permission of 
     the parent or legal guardian of the juvenile.
       ``(3) Exceptions.--Paragraph (2) does not apply if--
       ``(A) the person uses a secure gun storage or safety device 
     for the firearm;
       ``(B) the person is a peace officer, a member of the Armed 
     Forces, or a member of the National Guard, and the juvenile 
     obtains the firearm during, or incidental to, the performance 
     of the official duties of the person in that capacity;
       ``(C) the juvenile obtains, or obtains and discharges, the 
     firearm in a lawful act of self-defense or defense of 1 or 
     more other persons;
       ``(D) the person has no reasonable expectation, based on 
     objective facts and circumstances, that a juvenile is likely 
     to be present on the premises on which the firearm is kept; 
     or
       ``(E) the juvenile obtains the firearm as a result of an 
     unlawful entry by any person.''.
       (c) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(7) Whoever violates section 922(z), if a juvenile (as 
     defined in section 922(z)) obtains access to the firearm and 
     thereby causes death or bodily injury to the juvenile or to 
     any other person, or exhibits the firearm either in a public 
     place, or in violation of section 922(q)--
       ``(A) shall be fined not more than $10,000, imprisoned not 
     more than 1 year, or both; or
       ``(B) if such violation is reckless, shall be fined in 
     accordance with this title, imprisoned not more than 5 years, 
     or both.''.
       (d) Role of Licensed Firearms Dealers.--Section 926 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``(d) Contents of Form.--The Secretary shall ensure that a 
     copy of section 922(z) appears on the form required to be 
     obtained by a licensed dealer from a prospective transferee 
     of a firearm.''.
       (e) No Effect on State Law.--Nothing in this section or the 
     amendments made by this section shall be construed to preempt 
     any provision of the law of any State, the purpose of which 
     is to prevent juveniles from injuring themselves or others 
     with firearms.
                                 ______