[Congressional Record Volume 147, Number 7 (Monday, January 22, 2001)]
[Senate]
[Pages S294-S298]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Schumer, and Mrs. Boxer):
  S. 25. A bill to provide for the implementation of a system of 
licensing for purchasers of certain firearms and for a record of sale 
system for those firearms, and for other purposes; to the Committee on 
the Judiciary.


            firearm licensing and record of sale act of 2001

  Mrs. FEINSTEIN. Mr. President, last year on Mother's Day, supporters 
of sensible gun laws came together by the hundreds of thousands to 
participate in the Million Mom March and say to Congress: ``Enough is 
Enough.''
  Those women, men and children all shared a common purpose: The 
passage of sensible gun laws--laws that will hopefully help save lives.
  The primary stated goal of the Million Mom March was to push for 
legislation to license gun owners and keep track of guns. We know it 
will be a long process of educating the Congress and the public on this 
issue. But we will not give in until we succeed. So today I rise, along 
with Senators Schumer and Boxer, to reintroduce the ``Firearm Licensing 
and Record of Sale Act,'' which I believe represents a common-sense 
approach to guns and gun violence in America.
  Mr. President, in this country, when you want to hunt, you get a 
hunting license; when you want to fish, you get a fishing license. But 
when you want to buy a gun, no license is necessary. That makes no 
sense.
  We register cars and license drivers. We register pesticides and 
license exterminators. We register animal carriers and researchers, we 
register gambling devices. And we register a whole host of other goods 
and activities--even ``international expositions'' must be registered 
with the Bureau of International Expositions!
  But when it comes to guns and gun owners--no license and no 
registration, despite the loss of more than 32,000 lives a year from 
gun violence.
  To this end, my staff and I worked for months with law enforcement 
officials and other experts in drafting the bill we introduced last 
year. And since that time, we have refined the bill, corrected some 
vague sections, and made it even more clear what the bill would do, and 
what it would not do.
  Upon enactment of this legislation, anyone purchasing a handgun or 
semi-automatic weapon that takes detachable ammunition magazines will 
be required to have a license. Shotguns and a large number of common 
hunting guns are not covered by the requirements of this bill.
  Current owners of these weapons will have up to 10 years to obtain a 
license, on a rolling basis, much like many states now handle drivers 
licenses.
  The bill sets up a federal system, but allows states to opt out if 
they adopt a system at least as effective as the federal program.
  Under this bill, anyone wishing to obtain a firearm license will need 
to go to a federally licensed firearms dealer. There are currently more 
than 100,000 such dealers across the country--to put that in some 
perspective, there are four times more gun dealers in America than 
there are McDonald's restaurants in the entire world. Operating the 
federal licensing system through these licensed dealers will minimize 
the burden on those wishing to obtain a license.
  If a state opts-out of the federal program, an individual will go to 
a State-designated entity, like a local sheriff, local police 
department, or even Department of Motor Vehicles. It will all depend on 
where the state feels is best.
  Either way, the purchaser will then need to:
  Provide information as to date and place of birth and name and 
address;
  Submit a thumb print;
  Submit a current photograph;
  Sign, under penalty of perjury, that all of the submitted information 
is true and that the applicant is qualified under Federal law to 
possess a firearm; Pass a written firearms safety test, requiring 
knowledge of the safe storage and handling of firearms, the legal 
responsibilities of firearm ownership, and other factors as determined 
by the state or federal authority;
  Sign a pledge to keep any firearm safely stored and out of the hands 
of juveniles (this pledge will be backed up by criminal penalties of up 
to three years in jail for anyone failing to do so);
  Undergo state and federal background checks.

[[Page S295]]

  Licenses will be renewable every five years, and can be revoked at 
any time if the licensee becomes disqualified under federal law from 
owning or possessing a gun.
  And Mr. President, the fee for a license cannot exceed $25.
  Once the bill takes effect, all future sales and transfers of 
firearms falling within the scope of the bill will have to be recorded 
through a federally licensed firearms dealer, with an accompanying NICS 
background check. That way, law enforcement agencies will have easier 
access to information leading to the arrest of persons who use guns in 
crime.
  The bill covers both handguns and other guns that are semi-automatic 
and can accept detachable magazines.
  The legislation covers handguns because statistically, these guns are 
used in more crimes than any other. In fact, approximately 85 percent 
of all firearm homicides involve a handgun.
  And the legislation also covers semi-automatic firearms that can 
accept detachable magazines, because these are the kind of assault 
weapons that have the potential to destroy the largest number of lives 
in the shortest period of time.
  A gun that can take a detachable magazine can also take a large 
capacity magazine. Combine that with semi-automatic, rapid fire, and 
you have a deadly combination--as we have seen time and again in recent 
years.
  Put simply, this legislation will cover those firearms that represent 
the greatest threat to the safety of innocent men, women and children 
in this nation.
  Common hunting rifles, shotguns and other firearms that cannot accept 
detachable magazines will remain exempt.
  Penalties will vary depending on the severity of the violation. But 
in no case will gun owners face jail time simply because they forgot to 
get a license:
  Those who fail to get a license will face fines of between $500 (for 
a first offense) and $5,000 for subsequent offenses.
  Failing to report a change of address or the loss of a firearm will 
also result in penalties between $500 and $5,000, because this system 
works best for law enforcement when the perpetrators of gun crime can 
be quickly traced and arrested;
  Dealers who fail to maintain adequate records will face up to 2 years 
in prison--dealers know their responsibilities, and this will give law 
enforcement the tools necessary to root out bad dealers and prevent the 
straw purchases and other violations of law that allow criminals easy 
access to a continuing flow of guns;
  And adults who recklessly or knowingly allow a child access to a 
firearm face up to three years in prison if the child uses the gun to 
kill or seriously injure another person. In this way, the bill truly 
puts a new sense of responsibility onto gun owners in America.
  Mr. President, law enforcement in California tells me that a 
licensing and record of sale system like the one I am introducing today 
will help law enforcement, upon recovery of a firearm used in crime, to 
track the gun down to the person who sold it, and then to the person 
who bought it.
  And this legislation also sets in place a method through which we can 
better attempt to ensure that gun owners are responsible and trained in 
the use and care of their dangerous possessions.
  We have tried to minimize the burden of this bill at every turn:
  The licensing process will take place through federally licensed 
firearms dealers--as I mentioned earlier, there are currently more than 
100,000 in this country;
  The fee for a license will be only $25;
  Current gun owners will have as many as ten years to get a license, 
on a rolling basis, and guns now in homes will not have to be 
registered;
  Future gun transfers will simply be recorded by licensed dealers--as 
they are now--and a system will be put in place to allow the quick 
tracing of guns used in crime. Gun owners themselves will not have to 
register their old guns or send any paperwork to the government.
  This nation is awash in guns--there are more than 200 million of them 
in the United States. The problem of gun violence is not going away, 
and accidental deaths from firearms rob us of countless innocents each 
year.
  Too many lives are lost every year simply because gun owners do not 
know how to use or store their firearms--particularly around children. 
In fact, according to a study released in 1999, in 1996 alone there 
were more than 1,100 unintentional shooting deaths and more than 18,000 
firearm suicides--many of which might have been prevented if the person 
intent on suicide did not have easy access to a gun owned by somebody 
else. It is my hope that the provisions of this bill, particularly with 
regard to child access prevention, will begin the process of making it 
harder for children and others to gain easy access to firearms.
  As I said, I know that this bill will not pass overnight. We have a 
long process of education ahead of us. But the American people are with 
us. The facts are with us. And common sense is with us.
  I thank the Senate for its consideration of this measure, and I look 
forward to working with each of my colleagues to move this bill forward 
in the coming months.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 25

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Firearm 
     Licensing and Record of Sale Act of 2001''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.

                           TITLE I--LICENSING

Sec. 101. Licensing requirement.
Sec. 102. Application requirements.
Sec. 103. Issuance of license.
Sec. 104. Renewal of license.
Sec. 105. Revocation of license.

                  TITLE II--RECORD OF SALE OR TRANSFER

Sec. 201. Sale and transfer requirements for qualifying firearms.
Sec. 202. Firearm records.

                   TITLE III--ADDITIONAL PROHIBITIONS

Sec. 301. Universal background check requirement.
Sec. 302. Failure to maintain or permit inspection of records.
Sec. 303. Failure to report loss or theft of firearm.
Sec. 304. Failure to provide notice of change of address.
Sec. 305. Child access prevention.

                         TITLE IV--ENFORCEMENT

Sec. 401. Criminal penalties.
Sec. 402. Regulations.
Sec. 403. Inspections.
Sec. 404. Orders.
Sec. 405. Injunctive enforcement.

            TITLE V--FIREARM INJURY INFORMATION AND RESEARCH

Sec. 501. Duties of the Secretary.

                     TITLE VI--EFFECT ON STATE LAW

Sec. 601. Effect on State law.
Sec. 602. Certification of State firearm licensing and record of sale 
              systems.

                  TITLE VII--RELATIONSHIP TO OTHER LAW

Sec. 701. Subordination to Arms Export Control Act.

                      TITLE VIII--INAPPLICABILITY

Sec. 801. Inapplicability to governmental authorities.

                        TITLE IX--EFFECTIVE DATE

Sec. 901. Effective date of amendments.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the manufacture, distribution, and importation of 
     firearms is inherently commercial in nature;
       (2) firearms regularly move in interstate commerce;
       (3) firearms trafficking is so prevalent and widespread in 
     and among the States that it is usually impossible to 
     distinguish between intrastate trafficking and interstate 
     trafficking;
       (4) to the extent that firearms trafficking is intrastate 
     in nature, it arises out of and is substantially connected 
     with a commercial transaction, which, when viewed in the 
     aggregate, substantially affects interstate commerce;
       (5) because the intrastate and interstate trafficking of 
     firearms are so commingled, full regulation of interstate 
     commerce requires the incidental regulation of intrastate 
     commerce; and
       (6) it is in the national interest and within the role of 
     the Federal Government to ensure that the regulation of 
     firearms is uniform among the States, that law enforcement 
     can quickly and effectively trace firearms used in crime, and 
     that firearms owners know how to use and safely store their 
     firearms.

[[Page S296]]

       (b) Purposes.--The purposes of this Act and the amendments 
     made by this Act are--
       (1) to protect the public against the unreasonable risk of 
     injury and death associated with the unrecorded sale or 
     transfer of qualifying firearms to criminals and youth;
       (2) to ensure that owners of qualifying firearms are 
     knowledgeable in the safe use, handling, and storage of those 
     firearms;
       (3) to restrict the availability of qualifying firearms to 
     criminals, youth, and other persons prohibited by Federal law 
     from receiving firearms; and
       (4) to facilitate the tracing of qualifying firearms used 
     in crime by Federal and State law enforcement agencies.

     SEC. 3. DEFINITIONS.

       (a) In General.--In this Act:
       (1) Firearm; licensed dealer; licensed manufacturer.--The 
     terms ``firearm'', ``licensed dealer'', and ``licensed 
     manufacturer'' have the meanings given those terms in section 
     921(a) of title 18, United States Code.
       (2) Qualifying firearm.--The term ``qualifying firearm'' 
     has the meaning given the term in section 921(a) of title 18, 
     United States Code, as amended by subsection (b) of this 
     section.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.
       (4) State.--The term ``State'' means each of the several 
     States of the United States and the District of Columbia.
       (b) Amendment to Title 18, United States Code.--Section 
     921(a) of title 18, United States Code, is amended by adding 
     at the end the following:
       ``(35) The term `qualifying firearm'--
       ``(A) means--
       ``(i) any handgun ; or
       ``(ii) any semiautomatic firearm that can accept any 
     detachable ammunition feeding device; and
       ``(B) does not include any antique.''.

                           TITLE I--LICENSING

     SEC. 101. LICENSING REQUIREMENT.

       Section 922 of title 18, United States Code, is amended by 
     inserting after subsection (y) the following:
       ``(z) Firearm Licensing Requirement.--
       ``(1) In general.--It shall be unlawful for any person 
     other than a licensed importer, licensed manufacturer, 
     licensed dealer, or licensed collector to possess a 
     qualifying firearm on or after the applicable date, unless 
     that person has been issued a firearm license--
       ``(A) under title I of the Firearm Licensing and Record of 
     Sale Act of 2001, which license has not been invalidated or 
     revoked under that title; or
       ``(B) pursuant to a State firearm licensing and record of 
     sale system certified under section 602 of the Firearm 
     Licensing and Record of Sale Act of 2001, which license has 
     not been invalidated or revoked under State law.
       ``(2) Applicable date.--In this subsection, the term 
     `applicable date' means--
       ``(A) with respect to a qualifying firearm that is acquired 
     by the person before the date of enactment of the Firearm 
     Licensing and Record of Sale Act of 2001, 10 years after such 
     date of enactment; and
       ``(B) with respect to a qualifying firearm that is acquired 
     by the person on or after the date of enactment of the 
     Firearm Licensing and Record of Sale Act of 2001, 1 year 
     after such date of enactment.''.

     SEC. 102. APPLICATION REQUIREMENTS.

       (a) In General.--In order to be issued a firearm license 
     under this title, an individual shall submit to the Secretary 
     (in accordance with the regulations promulgated under 
     subsection (b)) an application, which shall include--
       (1) a current, passport-sized photograph of the applicant 
     that provides a clear, accurate likeness of the applicant;
       (2) the name, address, and date and place of birth of the 
     applicant;
       (3) any other name that the applicant has ever used or by 
     which the applicant has ever been known;
       (4) a clear thumb print of the applicant, which shall be 
     made when, and in the presence of the entity to whom, the 
     application is submitted;
       (5) with respect to each category of person prohibited by 
     Federal law, or by the law of the State of residence of the 
     applicant, from obtaining a firearm, a statement that the 
     individual is not a person prohibited from obtaining a 
     firearm;
       (6) a certification by the applicant that the applicant 
     will keep any firearm owned by the applicant safely stored 
     and out of the possession of persons who have not attained 18 
     years of age;
       (7) a certificate attesting to the completion at the time 
     of application of a written firearms examination, which shall 
     test the knowledge and ability of the applicant regarding--
       (A) the safe storage of firearms, particularly in the 
     vicinity of persons who have not attained 18 years of age;
       (B) the safe handling of firearms;
       (C) the use of firearms in the home and the risks 
     associated with such use;
       (D) the legal responsibilities of firearms owners, 
     including Federal, State, and local laws relating to 
     requirements for the possession and storage of firearms, and 
     relating to reporting requirements with respect to firearms; 
     and
       (E) any other subjects, as the Secretary determines to be 
     appropriate;
       (8) the date on which the application was submitted; and
       (9) the signature of the applicant.
       (b) Regulations Governing Submission.--The Secretary shall 
     promulgate regulations specifying procedures for the 
     submission of applications to the Secretary under this 
     section, which regulations shall--
       (1) provide for submission of the application through a 
     licensed dealer or an office or agency of the Federal 
     Government designated by the Secretary;
       (2) require the applicant to provide a valid identification 
     document (as defined in section 1028(d)(2) of title 18, 
     United States Code) of the applicant, containing a photograph 
     of the applicant, to the licensed dealer or to the office or 
     agency of the Federal Government, as applicable, at the time 
     of submission of the application to that dealer, office, or 
     agency; and
       (3) require that a completed application be forwarded to 
     the Secretary not later than 48 hours after the application 
     is submitted to the licensed dealer or office or agency of 
     the Federal Government, as applicable.
       (c) Fees.--
       (1) In general.--The Secretary shall charge and collect 
     from each applicant for a license under this title a fee in 
     an amount determined in accordance with paragraph (2).
       (2) Fee amount.--The amount of the fee collected under this 
     subsection shall be not less than the amount determined by 
     the Secretary to be necessary to ensure that the total amount 
     of all fees collected under this subsection during a fiscal 
     year is sufficient to cover the costs of carrying out this 
     title during that fiscal year, except that such amount shall 
     not exceed $25.

     SEC. 103. ISSUANCE OF LICENSE.

       (a) In General.--The Secretary shall issue a firearm 
     license to an applicant who has submitted an application that 
     meets the requirements of section 102, if the Secretary 
     ascertains that the individual is not prohibited by 
     subsection (g) or (n) of section 922 of title 18, United 
     States Code, from receiving a firearm.
       (b) Effect of Issuance to Prohibited Person.--A firearm 
     license issued under this section shall be null and void if 
     issued to a person who is prohibited by subsection (g) or (n) 
     of section 922 of title 18, United States Code, from 
     receiving a firearm.
       (c) Form of License.--A firearm license issued under this 
     section shall be in the form of a tamper-resistant card, and 
     shall include--
       (1) the photograph of the licensed individual submitted 
     with the application;
       (2) the address of the licensed individual;
       (3) the date of birth of the licensed individual;
       (4) a license number, unique to each licensed individual;
       (5) the expiration date of the license, which shall be the 
     date that is 5 years after the initial anniversary of the 
     date of birth of the licensed individual following the date 
     on which the license is issued (or in the case of a license 
     renewal, following the date on which the license is renewed 
     under section 104);
       (6) the signature of the licensed individual provided on 
     the application, or a facsimile of the application; and
       (7) centered at the top of the license, capitalized, and in 
     bold-face type, the following statement:

         ``FIREARM LICENSE--NOT VALID FOR ANY OTHER PURPOSE''.

     SEC. 104. RENEWAL OF LICENSE.

       (a) Application for Renewal.--
       (1) In general.--In order to renew a firearm license issued 
     under this title, not later than 30 days before the 
     expiration date of the license, the licensed individual shall 
     submit to the Secretary (in accordance with the regulations 
     promulgated under paragraph (3)), in a form approved by the 
     Secretary, an application for renewal of the license.
       (2) Contents.--An application submitted under paragraph (1) 
     shall include--
       (A) a current, passport-sized photograph of the applicant 
     that provides a clear, accurate likeness of the applicant;
       (B) current proof of identity of the licensed individual; 
     and
       (C) the address of the licensed individual.
       (3) Regulations governing submission.--The Secretary shall 
     promulgate regulations specifying procedures for the 
     submission of applications under this subsection.
       (b) Issuance of Renewed License.--Upon approval of an 
     application submitted under subsection (a), the Secretary 
     shall issue a renewed license, which shall meet the 
     requirements of section 103(c), except that the license shall 
     include the current photograph and address of the licensed 
     individual, as provided in the application submitted under 
     this section, and the expiration date of the renewed license, 
     as provided in section 103(c)(5).

     SEC. 105. REVOCATION OF LICENSE.

       (a) In General.--If an individual to whom a license has 
     been issued under this title subsequently becomes a person 
     who is prohibited by subsection (g) or (n) of section 922 of 
     title 18, United States Code, from receiving a firearm--
       (1) the license is revoked; and
       (2) the individual shall promptly return the license to the 
     Secretary.
       (b) Administrative Action.--Upon receipt by the Secretary 
     of notice that an individual to whom a license has been 
     issued under this title has become a person described in 
     subsection (a), the Secretary shall ensure that the 
     individual promptly returns the license to the Secretary.

                  TITLE II--RECORD OF SALE OR TRANSFER

     SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALIFYING 
                   FIREARMS.

       Section 922 of title 18, United States Code, is amended by 
     inserting after subsection (z)

[[Page S297]]

     (as added by section 101 of this Act) the following:
       ``(aa) Unauthorized Sale or Transfer of a Qualifying 
     Firearm.--It shall be unlawful for any person to sell, 
     deliver, or otherwise transfer a qualifying firearm to, or 
     for, any person who is not a licensed importer, licensed 
     manufacturer, licensed dealer, or licensed collector, or to 
     receive a qualifying firearm from a person who is not a 
     licensed importer, licensed manufacturer, licensed dealer, or 
     licensed collector, unless, at the time and place of the 
     transfer or receipt--
       ``(1) the transferee presents to a licensed dealer a valid 
     firearm license issued to the transferee--
       ``(A) under title I of the Firearm Licensing and Record of 
     Sale Act of 2001; or
       ``(B) pursuant to a State firearm licensing and record of 
     sale system certified under section 602 of the Firearm 
     Licensing and Record of Sale Act of 2001 established by the 
     State in which the transfer or receipt occurs;
       ``(2) the licensed dealer contacts the Secretary or the 
     head of the State agency that administers the certified 
     system described in paragraph (1)(B), as applicable, and 
     receives notice that the transferee has been issued a firearm 
     license described in paragraph (1) and that the license 
     remains valid; and
       ``(3) the licensed dealer records on a document (which, in 
     the case of a sale, shall be the sales receipt) a tracking 
     authorization number provided by the Secretary or the head of 
     the State agency, as applicable, as evidence that the 
     licensed dealer has verified the validity of the license.''.

     SEC. 202. FIREARM RECORDS.

       (a) Submission of Sale or Transfer Reports.--Not later than 
     14 days after the date on which the transfer of qualifying 
     firearm is processed by a licensed dealer under section 
     922(aa) of title 18, United States Code (as added by section 
     201 of this title), the licensed dealer shall submit to the 
     Secretary (or, in the case of a licensed dealer located in a 
     State that has a State firearm licensing and record of sale 
     system certified under section 602, to the head of the State 
     agency that administers that system) a report of that 
     transfer, which shall include information relating to--
       (1) the manufacturer of the firearm;
       (2) the model name or number of the firearm;
       (3) the serial number of the firearm;
       (4) the date on which the firearm was received by the 
     transferee;
       (5) the number of a valid firearm license issued to the 
     transferee under title I; and
       (6) the name and address of the individual who transferred 
     the firearm to the transferee.
       (b) Federal Record of Sale System.--Not later than 9 months 
     after the date of enactment of this Act, the Secretary shall 
     establish and maintain a Federal record of sale system, which 
     shall include the information included in each report 
     submitted to the Secretary under subsection (a).
       (c) Elimination of Prohibition on Establishment of System 
     of Registration.--Section 926(a) of title 18, United States 
     Code, is amended by striking the second sentence.

                   TITLE III--ADDITIONAL PROHIBITIONS

     SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIREMENT.

       Section 922 of title 18, United States Code, is amended by 
     inserting after subsection (aa) (as added by section 201 of 
     this Act) the following:
       ``(bb) Universal Background Check Requirement.--
       ``(1) Requirement.--Except as provided in paragraph (2), it 
     shall be unlawful for any person other than a licensed 
     importer, licensed manufacturer, licensed dealer, or licensed 
     collector to sell, deliver, or otherwise transfer a firearm 
     to any person other than such a licensee, unless the transfer 
     is processed through a licensed dealer in accordance with 
     subsection (t).
       ``(2) Exception.--Paragraph (1) shall not apply to the 
     infrequent transfer of a firearm by gift, bequest, intestate 
     succession or other means by an individual to a parent, 
     child, grandparent, or grandchild of the individual, or to 
     any loan of a firearm for any lawful purpose for not more 
     than 30 days between persons who are personally known to each 
     other.''.

     SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION OF 
                   RECORDS.

       Section 922 of title 18, United States Code, is amended by 
     inserting after subsection (bb) (as added by section 301 of 
     this title) the following:
       ``(cc) Failure To Maintain or Permit Inspection of 
     Records.--It shall be unlawful for a licensed manufacturer or 
     a licensed dealer to fail to comply with section 202 of the 
     Handgun Licensing and Record of Sale Act of 2001, or to 
     maintain such records or supply such information as the 
     Secretary may require in order to ascertain compliance with 
     such Act and the regulations and orders issued under such 
     Act.''.

     SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIREARM.

       Section 922 of title 18, United States Code, is amended by 
     inserting after subsection (cc) (as added by section 302 of 
     this title) the following:
       ``(dd) Failure To Report Loss or Theft of Firearm.--It 
     shall be unlawful for any person who owns a qualifying 
     firearm to fail to report the loss or theft of the firearm to 
     the Secretary within 72 hours after the loss or theft is 
     discovered.''.

     SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF ADDRESS.

       Section 922 of title 18, United States Code, is amended by 
     inserting after subsection (dd) (as added by section 303 of 
     this title) the following:
       ``(ee) Failure To Provide Notice of Change of Address.--It 
     shall be unlawful for any individual to whom a firearm 
     license has been issued under title I of the Firearm 
     Licensing and Record of Sale Act of 2001 to fail to report to 
     the Secretary a change in the address of that individual 
     within 60 days of that change of address.''.

     SEC. 305. CHILD ACCESS PREVENTION.

       Section 922 of title 18, United States Code, is amended by 
     inserting after subsection (ee) (as added by section 304 of 
     this title) the following:
       ``(ff) Child Access Prevention.--
       ``(1) Definition of child.--In this subsection, the term 
     `child' means an individual who has not attained the age of 
     18 years.
       ``(2) Prohibition and penalties.--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 1 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, if--
       ``(A) that person--
       ``(i) knows, or recklessly disregards the risk, that a 
     child is capable of gaining access to the firearm; and
       ``(ii) either--

       ``(I) knows, or recklessly disregards the risk, that a 
     child will use the firearm to cause the death of, or serious 
     bodily injury (as defined in section 1365 of this title) to, 
     the child or any other person; or
       ``(II) knows, or reasonably should know, that possession of 
     the firearm by a child is unlawful under Federal or State 
     law; and

       ``(B) a child uses the firearm and the use of that firearm 
     causes the death of, or serious bodily injury to, the child 
     or any other person.
       ``(3) Exceptions.--Paragraph (2) does 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.''.

                         TITLE IV--ENFORCEMENT

     SEC. 401. CRIMINAL PENALTIES.

       (a) Failure To Possess Firearm License; Failure To Comply 
     With Qualifying Firearm Sale or Transfer Requirements; 
     Failure To Maintain or Permit Inspection of Records.--Section 
     924(a) of title 18, United States Code, is amended by adding 
     at the end the following:
       ``(7) Whoever knowingly violates subsection (z), (aa), or 
     (cc) of section 922 shall be fined under this title, 
     imprisoned not more than 2 years, or both.''.
       (b) Failure To Comply With Universal Background Checks; 
     Failure To Timely Report Loss or Theft of a Qualifying 
     Firearm; Failure To Provide Notice of Change of Address.--
     Section 924(a)(5) of title 18, United States Code, is amended 
     by striking ``(s) or (t)'' and inserting ``(s), (t), (bb), 
     (dd), or (ee)''.
       (c) Child Access Prevention.--Section 924(a) of title 18, 
     United States Code, is amended by adding at the end the 
     following:
       ``(8) Whoever violates section 105(a)(2) of the Handgun 
     Licensing and Record of Sale Act of 2001, knowingly or having 
     reason to believe that the person is prohibited by subsection 
     (g) or (n) of section 922 of title 18, United States Code, 
     from receiving a firearm, shall be fined under this title, 
     imprisoned not more than 2 years, or both.
       ``(9) Whoever violates section 922(ff) shall be fined under 
     this title, imprisoned not more than 3 years, or both.''.

     SEC. 402. REGULATIONS.

       (a) In General.--The Secretary shall issue regulations 
     governing the licensing of possessors of qualifying firearms 
     and the recorded sale of qualifying firearms, consistent with 
     this Act and the amendments made by this Act, as the 
     Secretary determines to be reasonably necessary to reduce or 
     prevent deaths or injuries resulting from qualifying 
     firearms, and to assist law enforcement in the apprehension 
     of owners or users of qualifying firearms used in criminal 
     activity.
       (b) Maximum Interval Between Issuance of Proposed and Final 
     Regulation.--Not later than 120 days after the date on which 
     the Secretary issues a proposed regulation under subsection 
     (a) with respect to a matter, the Secretary shall issue a 
     final regulation with respect to the matter.

     SEC. 403. INSPECTIONS.

       In order to ascertain compliance with this Act, the 
     amendments made by this Act, and the regulations and orders 
     issued under this Act, the Secretary may, during regular 
     business hours, enter any place in which firearms or firearm 
     products are manufactured, stored, or held, for distribution 
     in commerce, and inspect those areas where the products are 
     so manufactured, stored, or held.

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     SEC. 404. ORDERS.

       The Secretary may issue an order prohibiting the sale or 
     transfer of any firearm that the Secretary finds has been 
     transferred or distributed in violation of this Act, an 
     amendment made by this Act, or a regulation issued under this 
     Act.

     SEC. 405. INJUNCTIVE ENFORCEMENT.

       Upon the request of the Secretary, the Attorney General may 
     bring an action to restrain any violation of this Act or an 
     amendment made by this Act in the district court of the 
     United States for any district in which the violation has 
     occurred, or in which the defendant is found or transacts 
     business.

            TITLE V--FIREARM INJURY INFORMATION AND RESEARCH

     SEC. 501. DUTIES OF THE SECRETARY.

       (a) In General.--The Secretary shall--
       (1) establish and maintain a firearm injury information 
     clearinghouse to collect, investigate, analyze, and 
     disseminate data and information relating to the causes and 
     prevention of death and injury associated with firearms;
       (2) conduct continuing studies and investigations of 
     firearm-related deaths and injuries; and
       (3) collect and maintain current production and sales 
     figures for each licensed manufacturer.
       (b) Availability of Information.--Periodically, but not 
     less frequently than annually, the Secretary shall make 
     available to the public a report on the activities of the 
     Secretary under subsection (a).

                     TITLE VI--EFFECT ON STATE LAW

     SEC. 601. EFFECT ON STATE LAW.

       (a) In General.--This Act and the amendments made by this 
     Act may not be construed to preempt any provision of the law 
     of any State or political subdivision of that State, or 
     prevent a State or political subdivision of that State from 
     enacting any provision of law regulating or prohibiting 
     conduct with respect to firearms, except to the extent that 
     the provision of law is inconsistent with any provision of 
     this Act or an amendment made by this Act, and then only to 
     the extent of the inconsistency.
       (b) Rule of Interpretation.--A provision of State law is 
     not inconsistent with this Act or an amendment made by this 
     Act if the provision imposes a regulation or prohibition of 
     greater scope or a penalty of greater severity than a 
     corresponding prohibition or penalty imposed by this Act or 
     an amendment made by this Act.

     SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING SYSTEMS 
                   AND STATE FIREARM RECORD OF SALE SYSTEMS.

       Upon a written request of the chief executive officer of a 
     State, the Secretary may certify--
       (1) a firearm licensing system established by a State, if 
     State law requires the system to satisfy the requirements 
     applicable to the Federal firearm licensing system 
     established under title I; or
       (2) a firearm record of sale system established by a State, 
     if State law requires the head of the State agency that 
     administers the system to submit to the Federal firearm 
     record of sale system established under section 202(b) a copy 
     of each report submitted to the head of the agency under 
     section 202(a), within 7 days after receipt of the report.

                  TITLE VII--RELATIONSHIP TO OTHER LAW

     SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.

       In the event of any conflict between any provision of this 
     Act or an amendment made by this Act, and any provision of 
     the Arms Export Control Act (22 U.S.C. 2751), the provision 
     of the Arms Export Control Act shall control.

                      TITLE VIII--INAPPLICABILITY

     SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.

       This Act and the amendments made by this Act do not apply 
     to any department or agency of the United States, of a State, 
     or of a political subdivision of a State, or to any official 
     conduct of any officer or employee of such a department or 
     agency.

                        TITLE IX--EFFECTIVE DATE

     SEC. 901. EFFECTIVE DATE OF AMENDMENTS.

       The amendments made by this Act shall take effect 1 year 
     after the date of enactment of this Act.
                                 ______