[Congressional Record Volume 146, Number 67 (Thursday, May 25, 2000)]
[Extensions of Remarks]
[Pages E859-E860]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  INTRODUCTION OF THE COMMUNITY PROTECTION FROM FIREARMS GIVEAWAYS ACT

                                 ______
                                 

                          HON. JOSEPH CROWLEY

                              of new york

                    in the house of representatives

                         Thursday, May 25, 2000

  Mr. CROWLEY. Mr. Speaker, last year, the House of Representatives 
failed to consider reasonable gun control and safety measures as part 
of legislation to combat crime. Despite the support of a majority of 
the House for reasonable measures, the Republican leadership has 
consistently refused to debate the numerous gun proposals introduced in 
the House.
  Common sense gun control measures such as a three business day 
waiting period for background checks, closing the gun show loophole, 
requiring gun locks to be sold with firearms, and a ban on the 
importation of large capacity ammunition clips are all reasonable 
approaches to gun control and safety. However, more can and must be 
done.
  That is why I am being joined by Representatives Tom Campbell, Greg 
Meeks, Barbara Lee, Neil Abercrombie, Eliot Engel, Sheila Jackson-Lee, 
Grace Napolitano, Jan Schakowsky and Louis Gutierrez in introducing 
bipartisan legislation, the ``Community Protection from Firearms 
Giveaways Act,'' to close yet another dangerous loophole in Federal gun 
control laws.
  As unbelievable as it may sound, our current gun control laws allow 
criminals to win guns at raffles without having to go through a 
criminal background check. This must be stopped.
  Our legislation will amend U.S. law to require winners in a lottery 
where a firearm is the prize to pass a background check at a licensed 
gun dealership. The gun dealership may charge a reasonable fee as 
prescribed under current law for this service. Additionally, the 
Community Protection from Firearms Giveaways Act has a carve out 
exempting the background check if the lottery winner has a current gun 
owners permit, or if the check takes more than 5 business days.
  Mr. Speaker, I believe we can all agree that giving away guns as 
prizes poses a serious danger to our communities. Requiring a 
background check on a lottery winner if a firearm is the prize is 
sensible and should be required under Federal law.
  Our communities deserve to be protected from criminals with easy 
access to guns. While gun safety measures will not stop violent crime, 
it must be a key component of any anti-crime strategy addressed by 
Congress.
  I would urge my colleagues to cosponsor this important legislation.

                                 H.R.--

       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 ``Community Protection from 
     Firearms' Giveaways Act''.

     SEC. 2. EXTENSION OF BRADY LAW TO FIREARMS WON IN LOTTERIES.

       (a) In General.--Section 922 of title 18, United States 
     Code, is amended by inserting after subsection (y) the 
     following:
       ``(z)(1) It shall be unlawful for an individual who is not 
     a licensed importer, licensed manufacturer, or licensed 
     dealer to transfer a firearm won in a lottery (as defined in 
     section 1307(d)) to the winner, unless--

[[Page E860]]

       ``(A) a licensed dealer contacts the national instant 
     criminal background check system established under section 
     103 of the Brady Handgun Violence Prevention Act;
       ``(B)(i) the system provides the licensee with a unique 
     identification number; or
       ``(ii) 5 business days (meaning a day on which State 
     offices are open) have elapsed since the licensee contacted 
     the system, and the system has not notified the licensee that 
     the receipt of a firearm by the winner would violate 
     subsection (g) or (n) of this section; and
       ``(C) the individual and the licensee have verified the 
     identity of the winner by examining a valid identification 
     document (as defined in section 1028(d)(2) of this title) of 
     the winner containing a photograph of the winner.
       ``(2) The rules of paragraphs (2), (3)(A), (4), (5), and 
     (6) of section 922(t) shall apply to a firearm transfer 
     assisted by a licensee under this subsection in the same 
     manner in which the rules apply to a firearm transfer made by 
     the licensee.''.
       (b) Penalties.--Section 924(a)(5) of such title is amended 
     by striking ``or (t)'' and inserting ``, (t), or (z)''.

     

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