[Congressional Record Volume 147, Number 112 (Friday, August 3, 2001)]
[Senate]
[Pages S8917-S8918]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Kennedy, Mr. Reed, and Mr. 
        Schumer):
  S. 1355. A bill to prevent children from having access to firearms; 
to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I rise today with my colleagues Senator 
Kennedy, Levin, Reed, and Schumer to introduce the Children's Firearm 
Access Prevention Act of 2001.
  My legislation is modeled after similar legislation that Texas 
enacted into law under then Governor George W. Bush in 1995. It is my 
sincere hope that President Bush will work with Congress to enact this 
important bill.
  While many in Congress have argued that the Second Amendment 
guarantees individuals the right to bear arms, there has been far less 
discussion about the corresponding responsibilities of gun owners to 
keep their firearms away from children.
  The Children's Firearm Access Prevention, CAP, Act of 2001 subjects 
gun owners to a prison sentence of up to 1 year and a fine of up to 
$4,000 when they fail to use a secure gun storage or safety device for 
their firearms and a juvenile under the age of 18 uses that firearm to 
cause serious bodily injury to themselves or others. The CAP bill also 
subjects gun owners to a fine of up

[[Page S8918]]

to $500 when they fail to use a secure gun storage or safety device for 
their firearm and a juvenile obtains access to the firearm.
  My legislation includes commonsense exceptions. Gun owners would not 
be subject to criminal or civil liability when a juvenile uses a 
firearm in an act of lawful self-defense; takes the firearm off the 
person of a law enforcement official; obtains the firearm as a result 
of an unlawful entry; or obtains the firearm during a time when the 
juvenile was engaged in agricultural enterprise. Gun owners would also 
not be liable if they had no reasonable expectation that juveniles 
would be on the premises, or if the juvenile was supervised by a person 
older than 18 years of age and was engaging in hunting, sporting, or 
other lawful purposes.
  CAP laws have reduced unintentional shootings in states that have 
enacted these laws. In Florida, the first State to pass a CAP law, 
unintentional shooting deaths dropped by more than 50 percent in the 
first year following enactment. 17 states, including my home state of 
Illinois, have enacted CAP laws.
  A study published in the Journal of the American Medical Association, 
JAMA, in October of 1997 found a 23 percent 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 1990-1994, 216 children might 
have lived.
  While I understand that some Americans feel safer with a gun in the 
home, the sad reality is that a gun in the home is far more likely to 
be used to kill a family member or a friend than to be used in self-
defense. Over 90 percent of handguns involved in unintentional 
shootings are obtained in the home where these shootings occur. Many 
unintentional shootings could be prevented if firearms were safely 
stored.
  Children and easy access to guns are a recipe for tragedy. I ask my 
Senate colleagues to join me in this effort to protect children from 
the dangers of gun violence.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1355

       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) Definitions.--In this subsection:
       ``(A) Juvenile.--The term `juvenile' means an individual 
     who has not attained the age of 18 years.
       ``(B) Criminal negligence.--The term `criminal negligence' 
     pertains to conduct that involves a gross deviation from the 
     standard of care that a reasonable person would exercise 
     under the circumstances, but which is not reckless.
       ``(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 a firearm, any of 
     which has been shipped or transported in interstate or 
     foreign commerce or otherwise substantially affects 
     interstate or foreign commerce, within any premises that is 
     under the custody or control of that person if that person 
     knows or, with criminal negligence, 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, and fails to take steps to prevent such access.
       ``(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 one 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;
       ``(E) the juvenile obtains the firearm as a result of an 
     unlawful entry by any person;
       ``(F) the juvenile was supervised by a person older than 18 
     years of age and was engaging in hunting, sporting, or 
     another lawful purpose; or
       ``(G) the juvenile gained the gun during a time that the 
     juvenile was engaged in an agricultural enterprise.''.
       (c) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(7)(A) Whoever violates section 922(z), if a juvenile (as 
     defined in section 922(z)) obtains access to the firearm that 
     is the subject of the violation and thereby causes death or 
     serious bodily injury to the juvenile or to any other person, 
     shall be fined not more than $4,000, imprisoned not more than 
     1 year, or both.
       ``(B) Whoever violates section 922(z), if a juvenile (as 
     defined in section 922(z)) obtains access to the firearm that 
     is the subject of the violation shall be fined not more than 
     $500.''.
       (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) Notice of Children's Firearm Access Prevention Act.--
     A licensed dealer shall post a prominent notice in the place 
     of business of the licensed dealer as follows:
       ``IT IS UNLAWFUL AND A VIOLATION OF THE CHILDREN'S FIREARM 
     ACCESS PREVENTION ACT TO STORE, TRANSPORT, OR ABANDON AN 
     UNINSURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE 
     AND CAN OBTAIN ACCESS TO THE 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.
                                 ______