[Congressional Record Volume 149, Number 58 (Thursday, April 10, 2003)]
[Senate]
[Pages S5191-S5193]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL (for himself, Mr. Durbin, Mr. Schumer, Mr. Corzine, 
        Mrs. Feinstein, Mr. Reed, and Mr. Lautenberg):
  S. 866. A bill to amend chapter 44 of title 18, United States Code, 
to require the provision of a child safety lock in connection with the 
transfer of a handgun and provide safety standards for child safety 
locks; to the Committee on the Judiciary.
  Mr. KOHL. Mr. President, I rise today to introduce the Child Safety 
Lock Act of 2003, on behalf of myself, Senator Durbin, Senator Schumer, 
Senator Corzine, and Senator Feinstein. Our measure will save 
children's lives by reducing the senseless tragedies that result when 
children get their hands on improperly stored and unlocked handguns.
  Each year, children and teenagers are involved in more than 10,000 
accidental shootings in which close to 800 of them die. In addition, 
each year more than 1,000 young people killed themselves with a 
firearm--that is almost three per day. Safety locks can be effective in 
deterring or preventing many of these incidents.
  The sad truth is that we are inviting disaster every time an unlocked 
gun is stored in a place that is still accessible to children. Parents 
take a number of precautions to ensure their children's safety, from 
equipping them with bike helmets, to securing them in automobiles, to 
changing smoke detector batteries. Unfortunately, not all parents are 
as safety conscious about child proofing their firearms.
  Guns are kept in 43 percent of American households with children. In 
23 percent of these households, the guns are kept loaded. And 
alarmingly, in one out of every eight of those homes the loaded guns 
are left unlocked.
  This is wrong and unacceptable.
  Such startlingly cold statistics cannot even begin to describe in 
human terms the daily tragedies that could be prevented by the use of a 
safety lock.
  For example, in January a 21-month-old little boy was fatally shot 
when he tipped over a laundry hamper containing a loaded handgun. The 
handgun did not have a lock. The boy had no supervision. The result was 
tragic. A lock would have also saved the life of a four-year-old in 
Florida who shot himself playing with his grandfather's gun while the 
rest of his family was sleeping. Last September, a Detroit mother lost 
her son because he accidentally shot himself with a gun she had 
borrowed to protect herself. And, of course, no one will ever forget 
the Santana High School shooting two years ago, when a high school 
freshman opened fire on his classmates, killing two and injuring 13 
others with a handgun and multiple rounds of ammunition he found at 
home.
  Our legislation will help prevent tragedies like these. It is simple, 
effective, and straightforward. It requires that a child safety 
device--or trigger lock--be sold with every handgun. These devices vary 
in form, but the most common resemble a padlock that wraps around the 
gun trigger and immobilizes it. Trigger locks can be purchased in 
virtually any gun store for less than ten dollars. They are already 
used by tens of thousands of responsible gun owners to protect their 
firearms from unauthorized use and have surely saved many lives.
  Protection is only as good as the safety lock itself, therefore the 
Child Safety Lock Act of 2003 includes standards for the safety locks. 
Studies by the Consumer Product Safety Commission and recalls by safety 
lock manufacturers conclusively demonstrate the child safety locks are 
often not made well enough. A lock that is easily picked or one that 
breaks apart with little force defeats the purpose of this bill. We 
would not use a lock that is less than foolproof to guard our most 
valuable possessions. We should not use defective locks to protect what 
is most valuable to us--our children.
  Support for this simple, common sense proposal is widespread. In 
1999, a child safety lock provision passed the Senate by an 
overwhelming vote of 78 to 20 as an amendment during the juvenile 
justice debate. This proposal is as popular with the rest of the 
country

[[Page S5192]]

and the law enforcement community as it was with the 106th Senate. 
Polls show that between 75 and 80 percent of the American public, 
including gun owners, favor the mandatory sale of child safety locks 
with guns. When I surveyed almost 500 of Wisconsin's police chiefs and 
sheriffs last summer, 90 percent of respondents agreed that child 
safety locks should be sold with each gun.
  During his campaign, President Bush indicated that if Congress passes 
a bill making child safety locks mandatory he would sign it into law. 
Two years ago, Attorney General Ashcroft affirmed the Administration's 
support of the mandatory sale of child safety locks during his 
confirmation hearings before the Senate Judiciary Committee.
  Mr. President, this legislation is necessary to ensure that safety 
locks are provided with all handguns so that numerous lives are not 
lost in easily preventable accidents. We already protect children by 
requiring that seat belts be installed in all automobiles and that 
childproof safety caps be provided on medicine bottles. We should be no 
less vigilant when it comes to gun safety. I hope that the Senate will 
move to pass the Child Safety Lock Act of 2003 so that further 
unnecessary death and injury can be avoided.
  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. 866

       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 ``Child Safety Lock Act of 
     2003''.

     SEC. 2. REQUIREMENT OF CHILD HANDGUN SAFETY LOCKS.

       (a) Definitions.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(36) The term `locking device' means a device or locking 
     mechanism that is approved by a licensed firearms 
     manufacturer for use on the handgun with which the device or 
     locking mechanism is sold, delivered, or transferred and 
     that--
       ``(A) if installed on a firearm and secured by means of a 
     key or a mechanically, electronically, or electromechanically 
     operated combination lock, is designed to prevent the firearm 
     from being discharged without first deactivating or removing 
     the device by means of a key or mechanically, electronically, 
     or electromechanically operated combination lock;
       ``(B) if incorporated into the design of a firearm, is 
     designed to prevent discharge of the firearm by any person 
     who does not have access to the key or other device designed 
     to unlock the mechanism and thereby allow discharge of the 
     firearm; or
       ``(C) is a safe, gun safe, gun case, lock box, or other 
     device that is designed to store a firearm and that is 
     designed to be unlocked only by means of a key, a 
     combination, or other similar means.''.
       (b) Unlawful Acts.--
       (1) In general.--Section 922 of title 18, United States 
     Code, is amended by inserting at the end the following:
       ``(z) Locking Devices.--
       ``(1) In general.--Except as provided under paragraph (2), 
     it shall be unlawful for any licensed manufacturer, licensed 
     importer, or licensed dealer to sell, deliver, or transfer 
     any handgun to any person other than a licensed manufacturer, 
     licensed importer, or licensed dealer, unless the transferee 
     is provided with a locking device for that handgun.
       ``(2) Exceptions.--Paragraph (1) shall not apply to--
       ``(A) the manufacture for, transfer to, or possession by, 
     the United States or a State or a department or agency of the 
     United States, or a State or a department, agency, or 
     political subdivision of a State, of a firearm;
       ``(B) transfer to, or possession by, a law enforcement 
     officer employed by an entity referred to in subparagraph (A) 
     of a firearm for law enforcement purposes (whether on or off 
     duty); or
       ``(C) the transfer to, or possession by, a rail police 
     officer employed by a rail carrier and certified or 
     commissioned as a police officer under State law of a firearm 
     for purposes of law enforcement (whether on or off duty).''.
       (2) Effective date.--Section 922(z) of title 18, United 
     States Code, as added by this subsection, shall take effect 
     180 days after the date of enactment of this Act.
       (c) Liability; Evidence.--
       (1) Liability.--Nothing in this section shall be construed 
     to--
       (A) create a cause of action against any firearms dealer or 
     any other person for any civil liability; or
       (B) establish any standard of care.
       (2) Evidence.--Notwithstanding any other provision of law, 
     evidence regarding compliance or noncompliance with the 
     amendments made by this section shall not be admissible as 
     evidence in any proceeding of any court, agency, board, or 
     other entity, except with respect to an action to enforce 
     this section.
       (3) Rule of construction.--Nothing in this subsection shall 
     be construed to bar a governmental action to impose a penalty 
     under section 924(p) of title 18, United States Code, for a 
     failure to comply with section 922(z) of that title.
       (d) Civil Penalties.--Section 924 of title 18, United 
     States Code, is amended--
       (1) in subsection (a)(1), by striking ``or (f)'' and 
     inserting ``(f), or (p)''; and
       (2) by adding at the end the following:
       ``(p) Penalties Relating to Locking Devices.--
       ``(1) In general.--
       ``(A) Suspension or revocation of license; civil 
     penalties.--With respect to each violation of section 
     922(z)(1) by a licensee, the Attorney General may, after 
     notice and opportunity for hearing--
       ``(i) suspend or revoke any license issued to the licensee 
     under this chapter; or
       ``(ii) subject the licensee to a civil penalty in an amount 
     equal to not more than $10,000.
       ``(B) Review.--An action by the Attorney General under this 
     paragraph may be reviewed only as provided under section 
     923(f).
       ``(2) Administrative remedies.--The suspension or 
     revocation of a license or the imposition of a civil penalty 
     under paragraph (1) does not preclude any administrative 
     remedy that is otherwise available to the Attorney 
     General.''.

     SEC. 3. AMENDMENT TO CONSUMER PRODUCT SAFETY ACT.

       (a) In General.--The Consumer Product Safety Act (15 U.S.C. 
     2051 et seq.) is amended by adding at the end the following:

     ``SEC. 39. CHILD HANDGUN SAFETY LOCKS.

       ``(a) Establishment of Standard.--
       ``(1) Rulemaking required.--
       ``(A) Initiation of rulemaking.--Notwithstanding section 
     3(a)(1)(E), the Commission shall initiate a rulemaking 
     proceeding under section 553 of title 5, United States Code, 
     not later than 90 days after the date of enactment of the 
     Child Safety Lock Act of 2003 to establish a consumer product 
     safety standard for locking devices. The Commission may 
     extend the 90-day period for good cause.
       ``(B) Final rule.--Notwithstanding any other provision of 
     law, including chapter 5 of title 5, United States Code, the 
     Commission shall promulgate a final consumer product safety 
     standard under this paragraph not later than 12 months after 
     the date on which it initiated the rulemaking. The Commission 
     may extend that 12-month period for good cause.
       ``(C) Effective date.--The consumer product safety standard 
     promulgated under this paragraph shall take effect 6 months 
     after the date on which the final standard is promulgated.
       ``(D) Standard requirements.--The standard promulgated 
     under this paragraph shall require locking devices that--
       ``(i) are sufficiently difficult for children to de-
     activate or remove; and
       ``(ii) prevent the discharge of the handgun unless the 
     locking device has been de-activated or removed.
       ``(2) Inapplicable provisions.--
       ``(A) Provisions of this act.--Sections 7, 9, and 30(d) 
     shall not apply to the rulemaking proceeding described under 
     paragraph (1). Section 11 shall not apply to any consumer 
     product safety standard promulgated under paragraph (1).
       ``(B) Chapter 5 of title 5.--Except for section 553, 
     chapter 5 of title 5, United States Code, shall not apply to 
     this section.
       ``(C) Chapter 6 of title 5.--Chapter 6 of title 5, United 
     States Code, shall not apply to this section.
       ``(D) National environmental policy act.--The National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321) shall not 
     apply to this section.
       ``(b) No Effect on State Law.--
       ``(1) In general.--Notwithstanding section 26, this section 
     shall not annul, alter, impair, affect, or exempt any person 
     subject to the provisions of this section from complying with 
     any provision of law of any State or any political 
     subdivision thereof, except to the extent that such 
     provisions of State law are inconsistent with any provision 
     of this section, and then only to the extent of such 
     inconsistency.
       ``(2) Clarification.--A provision of State law is not 
     inconsistent with this section if such provision affords 
     greater protection to children from handguns than is afforded 
     by this section.
       ``(c) Enforcement.--Notwithstanding subsection (a)(2)(A), 
     the consumer product safety standard promulgated by the 
     Commission pursuant to subsection (a) shall be enforced under 
     this Act as if it were a consumer product safety standard 
     described under section 7(a).
       ``(d) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) Child.--The term `child' means an individual who has 
     not attained the age of 13 years.
       ``(2) Locking device.--The term `locking device' has the 
     meaning given that term in clauses (i) and (iii) of section 
     921(a)(36) of title 18, United States Code.''.
       (b) Conforming Amendment.--Section 1 of the Consumer 
     Product Safety Act is amended by adding at the end of the 
     table of contents the following:

  ``Sec. 39. Child handgun safety locks.''.

       (c) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Consumer Product Safety Commission $2,000,000 to carry 
     out the

[[Page S5193]]

     provisions of section 39 of the Consumer Product Safety Act, 
     as added by this Act.
       (2) Availability.--Any amounts appropriated pursuant to 
     paragraph (1) shall remain available until expended.
                                 ______