[Congressional Record Volume 149, Number 159 (Wednesday, November 5, 2003)]
[House]
[Pages H10363-H10364]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REAUTHORIZING THE BAN ON UNDETECTABLE FIREARMS
Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 3348) to reauthorize the ban on undetectable firearms,
as amended.
The Clerk read as follows:
H.R. 3348
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REAUTHORIZATION OF THE BAN ON UNDETECTABLE
FIREARMS.
Section 2(f)(2) of the Undetectable Firearms Act of 1988
(18 U.S.C. 922 note) is amended--
(1) by striking ``15'' and inserting ``25'';
(2) in subparagraph (B)--
(A) by striking ``and (h)'' and inserting ``through (o)'';
and
(B) by striking ``and (g)'' and inserting ``through (n)'';
and
(3) by striking subparagraphs (D) and (E) and inserting the
following:
``(D) section 924(a)(1) of such title is amended by
striking `this subsection, subsection (b), (c), or (f) of
this section, or in section 929' and inserting `this
chapter'; and
``(E) section 925(a) of such title is amended--
``(i) in paragraph (1), by striking `and provisions
relating to firearms subject to the prohibitions of section
922(p)'; and
``(ii) in paragraph (2), by striking `, except for
provisions relating to firearms subject to the prohibitions
of section 922(p),'; and
``(iii) in each of paragraphs (3) and (4), by striking
`except for provisions relating to firearms subject to the
prohibitions of section 922(p),'.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentleman from Virginia (Mr.
Scott) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr.
Sensenbrenner).
General Leave
Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on H.R. 3348, the bill
currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, in the last few years, we have had to make a lot of
adjustments in security for our Nation's airports, government
buildings, and ports. We have recognized that this heightened security
is necessary to protect the United States from terrorist threats.
However, even before the events of September 11, 2001, Members of
Congress
[[Page H10364]]
recognized the possibility of threats from terrorists, both from within
and without our borders.
In 1988, Congress passed a ban on undetectable firearms to prevent
the manufacture, sale, importation, shipping, possession, transfer, or
receipt of firearms that could not be detected by metal detectors or x-
ray machines. Since passengers are not permitted to bring firearms on
to planes and individuals cannot bring firearms into government
buildings, it only makes sense that we ensure that the firearms
purchased in this country are detectable by the security machines in
those places.
The Undetectable Firearms Act of 1988 provided a sunset on the ban
after 10 years to take into account any changes in technology of
security machines or firearms. The ban was extended in 1998 for an
additional 5 years, and H.R. 3348 would extend this ban for an
additional 10 years. The penalties will remain the same: any violation
of the ban is punishable by a fine or imprisonment up to 5 years.
It is easy to see why this ban, now more than ever before, must be
extended. This is not the time to put our Nation's airports in jeopardy
by allowing individuals to pass through security with undetected
firearms. Plastic firearms, which are real guns that can do real harm,
can breach this security. We can prevent that by prohibiting the
manufacture of plastic firearms in the first place, and that is what
this bill does.
I would point out that both the National Rifle Association and the
U.S. Department of Justice support this legislation. I would like to
read into the Record a letter which I received 2 days ago from Chuck
Cunningham, director of Federal affairs for the NRA:
Dear Chairman Sensenbrenner: On behalf of our 4 million
members, I am writing to express our support for H.R. 3348,
your legislation to extend the sunset of the restriction of
undetectable firearms.
``It is very important to be absolutely clear about the
history of this legislation. When originally passed in 1988,
the Undetectable Firearms Act did not ban any existing
firearm. The extension of this restriction would also not
prohibit any firearm in production today. This legislation
was and still is purely preventive. The sunset provision was
included as a way to balance the possible future development
of nonmetallic firearms against likely improvements in
detection technology. The statute also allows the executive
branch to reduce restrictions under the bill to adapt to
those changes.
``Based on the current state of firearms and detection
technology, we believe that a straight 10-year extension is
an appropriate way to allow continued flexibility, while
removing the issue beyond current political debates. Please
let me know if we can be of assistance in the speedy passage
of this legislation.
This is signed, ``Charles H. Cunningham, Director of Federal
Affairs'' for the National Rifle Association.
I believe that this is commonsense legislation. I urge my colleagues
to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I want to thank the chairman of the Committee on the
Judiciary for his leadership on this issue. In the wake of the
September 11 attacks, we need to do much more to prevent dangerous
firearms from falling into the hands of would-be terrorists and other
violent criminals.
We could start by renewing the current assault weapons ban. We could
also strengthen criminal background checks and close the gun show
loophole so that rogue gun dealers will not be able to evade the
current spirit of the law and sell guns to criminals and suspected
terrorists. Finally, we need to protect us from firearms that cannot be
detected by metal detectors or x-ray machines.
The bill before us today achieves the last of these objectives. It
renews the Undetectable Firearms Act of 1988, also known as the Plastic
Gun Law, which makes it illegal to manufacture, import, possess, or
transfer a firearm that is not detectable by walk-through metal
detectors or airport x-ray machines.
Renewing the ban on plastic guns is vital. The gun industry clearly
has the technology to manufacture firearms that cannot be detected by
metal detectors or x-ray machines. As early as 1986, the Congressional
Office of Technology Assessment determined that the ``technology does
exist to manufacture certain firearms which would be completely or
almost completely nonmetallic'' and that ``plastic handguns may be
available on the commercial market quite soon.''
Indeed, shortly thereafter, in 1986, an attempt was made by Libyan
dictator Muammar Qaddafi to purchase more than 100 firearms produced in
Austria and constructed almost entirely out of hardened plastic.
With the ongoing war on terrorism, it is even more important than
ever that we take an aggressive stance against dangerous weapons that
make our society vulnerable to future terrorist-related attacks. H.R.
3348 was introduced with this in mind; and while I would strongly
prefer to make this bill permanent and not just an extension, I think
the extension is an important step in the right direction, and I urge
my colleagues to support the bill.
Mr. Speaker, I yield back the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the
rules and pass the bill, H.R. 3348, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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