[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.

                          ____________________