[Congressional Record (Bound Edition), Volume 151 (2005), Part 14]
[Senate]
[Pages 19002-19007]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1633. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 397, to prohibit civil liability actions from being 
brought or continued against manufacturers, distributors, dealers, or 
importers of firearms or ammunition for damages, injunctive or other 
relief resulting from the misuse of their products by others; which was 
ordered to lie on the table; as follows:

       On page 10, between lines 2 and 3, insert the following:
  ``(iv) an action brought in any case in which the product, whether 
imported or manufactured domestically, failed to meet the most 
effective safety standards established for imported handguns, as 
determined by the Bureau of Alcohol, Tobacco, Firearms and 
Explosives;''.

                                 ______
                                 
  SA 1634. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 397, to prohibit civil liability actions from being 
brought or continued against manufacturers, distributors, dealers, or 
importers of firearms or ammunition for damages, injunctive or other 
relief resulting from the misuse of their products by others; which was 
ordered to lie on the table; as follows:

       On page 13, after line 4, insert the following:

     SEC. 5. DOMESTIC HANDGUN STANDARDS.

       Not later than 180 days after the date of enactment of this 
     Act, and after thorough public hearings and review, the 
     Bureau of Alcohol, Tobacco, Firearms, and Explosives shall 
     promulgate regulations applying the most effective safety 
     standards to domestically manufactured handguns that now 
     apply to imported handguns, as described in section 925(d)(3) 
     of title 18, United States Code, and regulations issued under 
     such section.
                                 ______
                                 
  SA 1635. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill S. 397, to prohibit civil liability actions 
from being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case against a manufacturer or seller based on an 
     incident involving terrorism, as defined in section 2(15) of 
     the Homeland Security Act of 2002 (6 U.S.C. 101(15)).
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1636. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill S. 397, to prohibit civil liability actions 
from being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 13, after line 4, insert the following:

     SEC. 5. IDENTIFICATION OF TERRORISTS.

       (a) In General.--Section 922(t) of title 18, United States 
     Code, is amended by adding after paragraph (6) the following:
       ``(7) If the national criminal background check system 
     indicates that a person attempting to purchase a firearm or 
     applying for a State permit to possess, acquire, or carry a 
     firearm is identified as a known or suspected member of a 
     terrorist organization

[[Page 19003]]

     in records maintained by the Department of Justice or the 
     Department of Homeland Security, including the Violent Gang 
     and Terrorist Organization File, or records maintained by the 
     Intelligence Community, including records maintained under 
     section 343 of the Intelligence Authorization Act for Fiscal 
     Year 2003 (50 U.S.C. 404n-2)--
       ``(A) all information related to the prospective 
     transaction shall automatically and immediately be 
     transmitted to the appropriate Federal and State 
     counterterrorism officials, including the Federal Bureau of 
     Investigation;
       ``(B) the Federal Bureau of Investigation shall coordinate 
     the response to such an event; and
       ``(C) all records generated in the course of the check of 
     the national criminal background check system, including the 
     ATF Form 4473, that are obtained by Federal and State 
     officials shall be retained for a minimum of 10 years.''.
       (b) Conforming Amendments.--
       (1) Title 18.--Section 922(t)(2)(C) of title 18, United 
     States Code, is amended by inserting after ``transfer'' the 
     following: ``, except as provided in paragraph (7)''.
                                 ______
                                 
  SA 1637. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 397, to prohibit civil liability actions from being 
brought or continued against manufacturers, distributors, dealers, or 
importers of firearms or ammunition for damages, injunctive or other 
relief resulting from the misuse of their products by others; which was 
ordered to lie on the table; as follows:

       On page 6, strike lines 10 through 19 and insert the 
     following:

     SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LIABILITY 
                   ACTIONS IN FEDERAL COURT.

       (a) In General.--A qualified civil liability action may not 
     be brought in any Federal court.
       (b) Dismissal of Pending Actions.--A qualified civil 
     liability action that is pending in a Federal court on the 
     date of enactment of this Act shall be immediately dismissed 
     by the court in which the action was brought or is currently 
     pending.
                                 ______
                                 
  SA 1638. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 397, to prohibit civil liability actions from being 
brought or continued against manufacturers, distributors, dealers, or 
importers of firearms or ammunition for damages, injunctive or other 
relief resulting from the misuse of their products by others; which was 
ordered to lie on the table; as follows:

       On page 13, after line 4, add the following:

            TITLE II--GUN SHOW LOOPHOLE CLOSING ACT OF 2005

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Gun Show Loophole Closing 
     Act of 2005''.

     SEC. 202. DEFINITIONS.

       Section 921(a) of title 18, United States Code, is amended 
     by adding at the end the following:
       ``(36) The term `special firearms event'--
       ``(A) means any event at which 75 or more firearms are 
     offered or exhibited for sale, exchange, or transfer, if 1 or 
     more of the firearms has been shipped or transported in, or 
     otherwise affects, interstate or foreign commerce;
       ``(B) does not include an offer or exhibit of firearms for 
     sale, exchange, or transfer by an individual from the 
     personal collection of that individual, at the private 
     residence of that individual, if the individual is not 
     required to be licensed under section 923 or 932; and
       ``(C) does not include an offer or exhibit of firearms for 
     sale, exchange, or transfer at events conducted and attended 
     by permanent or annual dues paying members, and their 
     immediate family, of private, not-for-profit organizations 
     whose primary purpose is owning and maintaining real property 
     for the purpose of hunting activities.
       ``(37) The term `special firearms event licensee' means any 
     person who has obtained and holds a valid license in 
     compliance with section 932(d) and who is authorized to 
     contact the national instant criminal background check system 
     on behalf of another individual, who is not licensed under 
     this chapter, for the purpose of conducting a background 
     check for a potential firearms transfer at a special firearms 
     event in accordance with section 932(c).
       ``(38) The term `special firearms event vendor' means any 
     person who is not required to be licensed under section 923 
     and who exhibits, sells, offers for sale, transfers, or 
     exchanges 1 or more firearms at a special firearms event, 
     regardless of whether or not the person arranges with the 
     special firearms event promoter for a fixed location from 
     which to exhibit, sell, offer for sale, transfer, or exchange 
     1 or more firearms.''.

     SEC. 203. REGULATION OF FIREARMS TRANSFERS AT SPECIAL 
                   FIREARMS EVENTS.

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 932. Regulation of firearms transfers at special 
       firearms events

       ``(a) Special Firearms Events Operators.--It shall be 
     unlawful for a special firearms events operator to organize, 
     plan, promote, or operate a special firearms event unless 
     that operator--
       ``(1) before the commencement of the special firearms 
     event, or in the case of a vendor who arrives after the 
     commencement of the event, upon the arrival of the vendor, 
     verifies the identity of each special firearms event vendor 
     participating in the special firearms event by examining a 
     valid identification document (as defined in section 
     1028(d)(2)) of the vendor containing a photograph of the 
     vendor;
       ``(2) before the commencement of the special firearms 
     event, or in the case of a vendor who arrives after the 
     commencement of the event, upon the arrival of the vendor, 
     requires each special firearms event vendor to sign--
       ``(A) a ledger with identifying information concerning the 
     vendor; and
       ``(B) a notice advising the vendor of the obligations of 
     the vendor under this chapter;
       ``(3) notifies each person who attends the special firearms 
     event of the requirements of this chapter; and
       ``(4) maintains a copy of the records described in 
     paragraphs (1) and (2) at the permanent place of business of 
     the operator.
       ``(b) Fees.--The Attorney General shall not impose or 
     collect any fee from special firearms event operators in 
     connection with the requirements under this section.
       ``(c) Responsibilities of Transferors Other Than 
     Licensees.--
       ``(1) In general.--If any part of a firearm transaction 
     takes place at a special firearms event, or on the curtilage 
     of the event, it shall be unlawful for any person who is not 
     licensed under this chapter to transfer a firearm to another 
     person who is not licensed under this chapter, unless the 
     firearm is transferred through a licensed importer, licensed 
     manufacturer, licensed dealer, or a special firearms event 
     licensee in accordance with subsection (d).
       ``(2) Criminal background checks.--A person who is subject 
     to the requirement under paragraph (1) shall not--
       ``(A) transfer the firearm to the transferee until the 
     licensed importer, licensed manufacturer, licensed dealer, or 
     a special firearms event licensee through which the transfer 
     is made makes the notification described in subsection 
     (d)(2)(A); or
       ``(B) transfer the firearm to the transferee if the person 
     has been notified under subsection (d)(2)(B) that the 
     transfer would violate section 922 or State law.
       ``(3) Absence of recordkeeping requirements.--Nothing in 
     this section shall permit or authorize the Attorney General 
     to impose recordkeeping requirements on any nonlicensed 
     special firearms event vendor.
       ``(d) Responsibilities of Licensees.--A licensed importer, 
     licensed manufacturer, licensed dealer, or special firearms 
     event licensee who agrees to assist a person who is not 
     licensed under this chapter in carrying out the 
     responsibilities of that person under subsection (c) with 
     respect to the transfer of a firearm shall--
       ``(1) except as provided in paragraph (2), comply with 
     section 922(t) as if transferring the firearm from the 
     inventory of the licensed importer, licensed manufacturer, or 
     licensed dealer to the designated transferee (although a 
     licensed importer, licensed manufacturer, or licensed dealer 
     complying with this subsection shall not be required to 
     comply again with the requirements of section 922(t) in 
     delivering the firearm to the nonlicensed transferor);
       ``(2) not later than 3 business days (meaning days on which 
     State offices are open) after the date of the agreement to 
     purchase, or if the event is held in a State that has been 
     certified by the Attorney General under section 204 of the 
     Gun Show Loophole Closing Act of 2005, not later than 24 
     hours after such date (or 3 business days after such date if 
     additional information is required in order to verify 
     disqualifying information from a State that has not been 
     certified by the Attorney General), notify the nonlicensed 
     transferor and the nonlicensed transferee--
       ``(A) of any response from the national criminal background 
     check system, or if the licensee has had no response from the 
     national criminal background check system within the 
     applicable time period under this paragraph, notify the 
     nonlicensed transferor that no response has been received and 
     that the transfer may proceed; and
       ``(B) of any receipt by the licensed importer, licensed 
     manufacturer, or licensed dealer of a notification from the 
     national instant criminal background check system that the 
     transfer would violate section 922 or State law;
       ``(3) in the case of a transfer at 1 time or during any 5 
     consecutive business days, of 2 or more pistols or revolvers, 
     or any combination of pistols and revolvers totaling 2 or 
     more, to the same nonlicensed person, in addition to the 
     recordkeeping requirements described in paragraph (4), 
     prepare a report of the multiple transfers, which report 
     shall be--
       ``(A) on a form specified by the Attorney General; and

[[Page 19004]]

       ``(B) not later than the close of business on the date on 
     which the multiple transfer occurs, forwarded to--
       ``(i) the office specified on the form described in 
     subparagraph (A); and
       ``(ii) the appropriate State law enforcement agency of the 
     jurisdiction in which the transfer occurs; and
       ``(4) comply with all recordkeeping requirements under this 
     chapter.
       ``(e) Special Firearms Event License.--
       ``(1) In general.--The Attorney General shall issue a 
     special firearms event license to a person who submits an 
     application for a special firearms event license in 
     accordance with this subsection.
       ``(2) Application.--The application required by paragraph 
     (1) shall be approved if--
       ``(A) the applicant is 21 years of age or older;
       ``(B) the application includes a photograph and the 
     fingerprints of the applicant;
       ``(C) the applicant (including, in the case of a 
     corporation, partnership, or association, any individual 
     possessing, directly or indirectly, the power to direct or 
     cause the direction of the management and policies of the 
     corporation, partnership, or association) is not prohibited 
     from transporting, shipping, or receiving firearms or 
     ammunition in interstate or foreign commerce under subsection 
     (g) or (n) of section 922;
       ``(D) the applicant has not willfully violated any of the 
     provisions of this chapter or regulations issued thereunder;
       ``(E) the applicant has not willfully failed to disclose 
     any material information required, or has not made any false 
     statement as to any material fact, in connection with the 
     application; and
       ``(F) the applicant certifies that--
       ``(i) the applicant meets the requirements of subparagraphs 
     (A) through (D) of section 923(d)(1);
       ``(ii) the business to be conducted under the license is 
     not prohibited by State or local law in the place where the 
     licensed premises is located; and
       ``(iii) the business will not be conducted under the 
     license until the requirements of State and local law 
     applicable to the business have been met.
       ``(3) Application and approval.--
       ``(A) In general.--Upon the approval of an application 
     under this subsection and payment by the applicant of a fee 
     of $200 for 3 years, and upon renewal of a valid registration 
     and payment of a fee of $90 for 3 years, the Attorney General 
     shall issue to the applicant an instant check registration, 
     and advise the Attorney General of that registration.
       ``(B) NICS.--A special firearms event licensee may contact 
     the national instant criminal background check system 
     established under section 103 of the Brady Handgun Violence 
     Prevention Act (18 U.S.C. 922 note) for information about any 
     individual desiring to obtain a firearm at a special firearms 
     event from any special firearms event vendor who has 
     requested the assistance of the registrant in complying with 
     subsection (c) with respect to the transfer of the firearm, 
     during the 3-year period that begins on the date on which the 
     registration is issued.
       ``(4) Requirements.--The requirements for a special 
     firearms event licensee shall not exceed the requirements for 
     a licensed dealer and the recordkeeping requirements shall be 
     the same.
       ``(5) Restrictions.--
       ``(A) Background checks.--A special firearms event licensee 
     may have access to the national instant criminal background 
     check system to conduct a background check only at a special 
     firearms event and only on behalf of another person.
       ``(B) Transfer of firearms.--A special firearms event 
     licensee shall not transfer a firearm at a special firearms 
     event.
       ``(f) Defined Term.--In this section, the term `firearm 
     transaction'--
       ``(1) includes the sale, offer for sale, transfer, or 
     exchange of a firearm; and
       ``(2) does not include--
       ``(A) the mere exhibition of a firearm; or
       ``(B) the sale, transfer, or exchange of firearms between 
     immediate family members, including parents, children, 
     siblings, grandparents, and grandchildren.''.
       (b) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(8)(A) Whoever organizes, plans, promotes, or operates a 
     special firearms event, knowing that the requirements under 
     section 932(a)(1) have not been met--
       ``(i) shall be fined under this title, imprisoned not more 
     than 2 years, or both; and
       ``(ii) in the case of a second or subsequent conviction, 
     shall be fined under this title, imprisoned not more than 5 
     years, or both.
       ``(B) Whoever organizes, plans, promotes, or operates a 
     special firearms event, knowing that the requirements under 
     subsection (a)(2) or (c) of section 932 have not been met, 
     shall be fined under this title, imprisoned not more than 5 
     years, or both.
       ``(C) Whoever organizes, plans, promotes, or operates a 
     special firearms event, knowing that the requirements under 
     section 932(a)(3) have not been met, shall be fined under 
     this title, imprisoned not more than 2 years, or both.
       ``(D) In addition to any other penalties imposed under this 
     paragraph, the Attorney General may, with respect to any 
     person who violates any provision of section 932--
       ``(i) if the person is registered pursuant to section 
     932(a), after notice and opportunity for a hearing, suspend 
     for not more than 6 months or revoke the registration of that 
     person under section 932(a); and
       ``(ii) impose a civil fine in an amount equal to not more 
     than $10,000.''.
       (c) Unlawful Acts.--Section 922(b) of title 18, United 
     States Code, is amended in the matter preceding paragraph 
     (1), by striking ``or licensed collector'' and inserting 
     ``licensed collector, or special firearms event licensee''.
       (d) Technical and Conforming Amendment.--Chapter 44 of 
     title 18, United States Code, is amended in the chapter 
     analysis, by adding at the end the following:

``932. Regulation of firearms transfers at special firearms events.''.

     SEC. 204. STATE OPTION FOR 24-HOUR BACKGROUND CHECKS AT 
                   SPECIAL FIREARMS EVENTS FOR STATES WITH 
                   COMPUTERIZED DISQUALIFYING RECORDS.

       (a) In General.--Effective 3 years after the date of 
     enactment of this Act, a State may apply to the Attorney 
     General for certification of the 24-hour verification 
     authority of that State.
       (b) Certification.--The Attorney General shall certify a 
     State for 24-hour verification authority only upon a clear 
     showing by the State, and certification by the Bureau of 
     Justice Statistics, that--
       (1) not less than 95 percent of all records containing 
     information that would disqualify an individual under 
     subsections (g) and (n) of section 922 of title 18, United 
     States Code, or under State law, is available on computer 
     records in the State, and is searchable under the national 
     instant criminal background check system established under 
     section 103 of the Brady Handgun Violence Prevention Act (18 
     U.S.C. 922 note);
       (2) not less than 95 percent of all records containing 
     information that would disqualify an individual under 
     paragraphs (8) and (9) of subsection 922(g) of title 18, 
     United States Code, or under State law, is available on 
     computer records in the State, and is searchable under the 
     national instant criminal background check system established 
     under section 103 of the Brady Handgun Violence Protection 
     Act (18 U.S.C. 922 note); and
       (3) the chief judicial officer of the State requires the 
     courts of the State to use the toll-free telephone number 
     described in subsection (d)(1) to immediately notify the 
     National Instant Criminal Background Check System each time a 
     restraining order (as described in section 922(g)(8) of title 
     18, United States Code) is issued, lifted, or otherwise 
     removed by order of the court.
       (c) Clarifications.--
       (1) Disqualifying information.--Disqualifying information 
     for each State under subsection (b) shall include the 
     disqualifying records for that State generated during the 30 
     years preceding the date of application to the Attorney 
     General for certification.
       (2) Toll-free telephone number.--Upon a showing by the 
     State that a court of the State has developed computer 
     systems which permit the court to immediately electronically 
     notify the National Instant Criminal Background Check System 
     with respect to the issuance or lifting of restraining 
     orders, the use of the toll-free telephone number described 
     in subsection (d)(1) shall no longer be required under 
     subsection (b)(3).
       (d) Notification Infrastructure.--Before certifying any 
     State under subsection (b), the Attorney General shall--
       (1) create a toll-free telephone number through which State 
     and local courts may immediately notify the National Instant 
     Background Check System whenever a restraining order (as 
     described in section 922(g)(8) of title 18, United States 
     Code) is issued, lifted, or otherwise removed by order of the 
     court; and
       (2) encourage States to develop computer systems that 
     permit courts to immediately electronically notify the 
     National Instant Criminal Background Check System whenever a 
     restraining order (as described in section 922(g)(8) of title 
     18, United States Code) has been issued, lifted, or otherwise 
     removed by order of the court.
       (e) 24-Hour Provision.--Upon certification by the Attorney 
     General, the 24-hour provision in section 932(c)(2) of title 
     18, United States Code, shall apply to the verification 
     process (for transfers between unlicensed persons) in that 
     State unless additional information is required in order to 
     verify disqualifying information from a State that has not 
     been certified by the Attorney General, in which case the 3 
     business day limit shall apply.
       (f) Annual Review.--The Director of the Bureau of Justice 
     Statistics shall annually review the certifications under 
     this section.
       (g) Revocation.--The Attorney General shall revoke the 
     certification required under this section for any State that 
     is not in compliance with subsection (b).

     SEC. 205. INSPECTION AUTHORITY.

       Section 923(g)(1)(B), of title 18, United States Code, is 
     amended by striking ``or licensed dealer'' and inserting 
     ``licensed dealer, or special firearms event operator''.

[[Page 19005]]



     SEC. 206. INCREASED PENALTIES FOR SERIOUS RECORDKEEPING 
                   VIOLATIONS BY LICENSEES.

       Section 924(a)(3) of title 18, United States Code, is 
     amended to read as follows:
       ``(3)(A) Except as provided in subparagraph (B), any 
     licensed dealer, licensed importer, licensed manufacturer, 
     licensed collector, or special firearms event licensee who 
     knowingly makes any false statement or representation with 
     respect to the information required by this chapter to be 
     kept in the records of a person licensed under this chapter, 
     or violates section 922(m) shall be fined under this title, 
     imprisoned not more than 1 year, or both.
       ``(B) If the violation described in subparagraph (A) is in 
     relation to an offense--
       ``(i) under paragraph (1) or (3) of section 922(b), such 
     person shall be fined under this title, imprisoned not more 
     than 5 years, or both; or
       ``(ii) under subsection (a)(6) or (d) of section 922, such 
     person shall be fined under this title, imprisoned not more 
     than 10 years, or both.''.

     SEC. 207. INCREASED PENALTIES FOR VIOLATIONS OF CRIMINAL 
                   BACKGROUND CHECK REQUIREMENTS.

       Section 924(a) of title 18, United States Code, as amended 
     by section 203(b), is further amended--
       (1) in paragraph (5), by striking ``subsection (s) or (t) 
     of section 922'' and inserting ``section 922(s)''; and
       (2) by adding at the end the following:
       ``(9) Whoever knowingly violates section 922(t) shall be 
     fined under this title, imprisoned not more than 5 years, or 
     both.''.

     SEC. 208. RULE OF INTERPRETATION.

       A provision of State law is not inconsistent with this 
     title or an amendment made by this title if the provision 
     imposes a regulation or prohibition of greater scope or a 
     penalty of greater severity than any prohibition or penalty 
     imposed by this title or an amendment made by this title.

     SEC. 209. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect 180 days after the date of enactment of this Act.
                                 ______
                                 
  SA 1639. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 397, to prohibit civil liability actions from being 
brought or continued against manufacturers, distributors, dealers, or 
importers of firearms or ammunition for damages, injunctive or other 
relief resulting from the misuse of their products by others; which was 
ordered to lie on the table; as follows:

       On page 13, after line 4, insert the following:

     SEC. 5. CHILDREN AND FIREARMS SAFETY.

       (a) Short Title.--This section may be cited as the 
     ``Children's Firearm Access Prevention Act''.
       (b) Definition.--Section 921(a)(34)(A) of title 18, United 
     States Code, is amended by inserting ``or removing'' after 
     ``deactivating''.
       (c) 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' 
     means 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, acting 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 1 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.''.
       (d) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(8)(A) Whoever violates section 922(z) and as a result of 
     such violation 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) and as a result of 
     such violation 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.''.
       (e) 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 
     UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE 
     AND CAN OBTAIN ACCESS TO THE FIREARM.''.
       (f) 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.
                                 ______
                                 
  SA 1640. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 397, to prohibit civil liability actions from being 
brought or continued against manufacturers, distributors, dealers, or 
importers of firearms or ammunition for damages, injunctive or other 
relief resulting from the misuse of their products by others; which was 
ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 6, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case in which a manufacturer or seller caused 
     injury through willful or criminal misconduct, gross 
     negligence, reckless misconduct, or a conscious, flagrant 
     indifference to the rights and safety of the individual 
     harmed.
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi) of subparagraph (A) shall be 
     construed so as not to be in conflict, and no provision of 
     this Act shall be construed to create a public or private 
     cause of action or remedy.
                                 ______
                                 
  SA 1641. Mr. FRIST submitted an amendment intended to be proposed by 
him to the bill S. 397, to prohibit civil liability actions from being 
brought or continued against manufacturers, distributors, dealers, or 
importers of firearms or ammunition for damages, injunctive or other 
relief resulting from the misuse of their products by others; which was 
ordered to lie on the table; as follows:

       On page 10, line 16, at the end, add the following:

     ``; or (vi) an action or proceeding commenced by the Attorney 
     General to enforce the provisions of chapter 44 of Title 18''
                                 ______
                                 
  SA 1642. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 397, to prohibit civil liability actions from being 
brought or

[[Page 19006]]

continued against manufacturers, distributors, dealers, or importers of 
firearms or ammunition for damages, injunctive or other relief 
resulting from the misuse of their products by others; which was 
ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. LIMITATION ON SUITS AGAINST A FIREARMS OR 
                   AMMUNITION MANUFACTURER, TRADE ASSOCIATION OR 
                   SELLER.

       (a) Definitions.--As used in this Act, the following 
     definitions apply:
       (1) Ammunition.--The term ``ammunition'' has the meaning 
     given that term by section 921(a)(17)(A) of title 18, United 
     States Code.
       (2) Firearm.--The term ``firearm'' has the meaning given 
     that term by subparagraph (A) or (B) of section 921(a)(3) of 
     title 18, United States Code, including any antique firearm 
     (as defined in section 921(a)(16) of such title).
       (3) Governmental unit.--The term ``governmental unit'' 
     means--
       (A) a political subdivision of a State, including a 
     municipality or county; and
       (B) any other agency of government whose authority is 
     derived from the laws or constitution of a State.
       (4) Manufacturer.--The term ``manufacturer'' means a person 
     who is engaged in the business of manufacturing a firearm or 
     ammunition in interstate or foreign commerce and who is 
     licensed to engage in business as such a manufacturer under 
     chapter 44 of title 18, United States Code.
       (5) Seller.--The term ``seller'' means, with respect to a 
     firearm or ammunition--
       (A) an importer (as defined in section 921(a)(9) of title 
     18, United States Code) who is engaged in the business as 
     such an importer in interstate or foreign commerce and who is 
     licensed to engage in business as such an importer under 
     chapter 44 of title 18, United States Code;
       (B) a dealer (as defined in section 921(a)(11) of title 18, 
     United States Code) who is engaged in the business as such a 
     dealer in interstate or foreign commerce and who is licensed 
     to engage in business as such a dealer under chapter 44 of 
     title 18, United States Code; or
       (C) a person engaged in the business of selling ammunition 
     in interstate or foreign commerce at the wholesale or retail 
     level.
       (6) State.--The term ``State'' means each of the several 
     States of the United States.
       (7) Trade association.--The term ``trade association'' 
     means any corporation, unincorporated association, 
     federation, business league, professional or business 
     organization--
       (A) not organized or operated for profit and no part of the 
     net earnings of which inures to the benefit of any private 
     shareholder or individual;
       (B) that is an organization described in section 501(c)(6) 
     of the Internal Revenue Code of 1986 and exempt from tax 
     under section 501(a) of such Code; and
       (C) 2 or more members of which are manufacturers or sellers 
     of a firearm or ammunition.
       (b) Prohibition.--Except as provided by subsection (c), a 
     governmental unit may not bring suit against a firearms or 
     ammunition manufacturer, trade association, or seller for 
     recovery of damages resulting from, or injunctive relief or 
     abatement of a nuisance relating to, the lawful design, 
     manufacture, marketing, or sale of firearms or ammunition to 
     the public.
       (c) Exceptions.--
       (1) State approval.--A governmental unit, on behalf of a 
     State or any other governmental unit, may bring a suit 
     described by subsection (b) if the suit is approved in 
     advance by the legislature of the State in which the 
     governmental unit is located by adoption of a concurrent 
     resolution or by enactment of a statute. This subsection 
     shall not be construed to create a cause of action.
       (2) Excluded types of actions.--Nothing in this Act shall 
     prohibit a governmental unit from bringing an action against 
     a firearms manufacturer, trade association, or seller for 
     recovery of damages for--
       (A) breach of contract or warranty as to firearms or 
     ammunition purchased by a governmental unit;
       (B) damage or harm to property owned or leased by the 
     governmental unit caused by a defective firearm or 
     ammunition; or
       (C) injunctive relief to enforce a valid ordinance, 
     statute, or rule.
       (d) Actions by States.--Nothing in this Act shall prohibit 
     the attorney general or other chief law enforcement officer 
     of a State from bringing a suit described by subsection (b) 
     on behalf of a State or a governmental unit. This subsection 
     shall not be construed to create a cause of action.
                                 ______
                                 
  SA 1643. Mr. FRIST (for Mr. Dorgan (for himself and Mrs. Dole)) 
proposed an amendment to the bill S. 792, to establish a National sex 
offender registration database, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Dru Sjodin National Sex 
     Offender Public Database Act of 2005'' or ``Dru's Law''.

     SEC. 2. DEFINITION.

       In this Act:
       (1) Criminal offense against a victim who is a minor.--The 
     term ``criminal offense against a victim who is a minor'' has 
     the same meaning as in section 170101(a)(3) of the Jacob 
     Wetterling Crimes Against Children and Sexually Violent 
     Offender Registration Act (42 U.S.C. 14071(a)(3)).
       (2) Minimally sufficient sexual offender registration 
     program.--The term ``minimally sufficient sexual offender 
     registration program'' has the same meaning as in section 
     170102(a) of the Jacob Wetterling Crimes Against Children and 
     Sexually Violent Offender Registration Act (42 U.S.C. 
     14072(a)).
       (3) Sexually violent offense.--The term ``sexually violent 
     offense'' has the same meaning as in section 170101(a)(3) of 
     the Jacob Wetterling Crimes Against Children and Sexually 
     Violent Offender Registration Act (42 U.S.C. 14071(a)(3)).
       (4) Sexually violent predator.--The term ``sexually violent 
     predator'' has the same meaning as in section 170102(a) of 
     the Jacob Wetterling Crimes Against Children and Sexually 
     Violent Offender Registration Act (42 U.S.C. 14072(a)).

     SEC. 3. AVAILABILITY OF THE NSOR DATABASE TO THE PUBLIC.

       (a) In General.--The Attorney General shall--
       (1) make publicly available in a registry (in this Act 
     referred to as the ``public registry'') from information 
     contained in the National Sex Offender Registry or State sex 
     offender web sites, via the Internet, all information 
     described in subsection (b); and
       (2) allow for users of the public registry to determine 
     which registered sex offenders are currently residing within 
     a radius, as specified by the user of the public registry, of 
     the location indicated by the user of the public registry.
       (b) Information Available in Public Registry.--With respect 
     to any person convicted of a criminal offense against a 
     victim who is a minor or a sexually violent offense, or any 
     sexually violent predator, required to register with a 
     minimally sufficient sexual offender registration program 
     within a State, including a program established under section 
     170101 of the Jacob Wetterling Crimes Against Children and 
     Sexually Violent Offender Registration Act (42 U.S.C. 
     14071(b)), the public registry shall provide, to the extent 
     available in the National Sex Offender Registry--
       (1) the name and any known aliases of the person;
       (2) the date of birth of the person;
       (3) the current address of the person and any subsequent 
     changes of that address;
       (4) a physical description and current photograph of the 
     person;
       (5) the nature of and date of commission of the offense by 
     the person;
       (6) the date on which the person is released from prison, 
     or placed on parole, supervised release, or probation; and
       (7) any other information the Attorney General considers 
     appropriate.

     SEC. 4. RELEASE OF HIGH RISK INMATES.

       (a) Civil Commitment Proceedings.--
       (1) In general.--Any State that provides for a civil 
     commitment proceeding, or any equivalent proceeding, shall 
     issue timely notice to the attorney general of that State of 
     the impending release of any person incarcerated by the State 
     who--
       (A) is a sexually violent predator; or
       (B) has been deemed by the State to be at high-risk for 
     recommitting any sexually violent offense or criminal offense 
     against a victim who is a minor.
       (2) Review.--Upon receiving notice under paragraph (1), the 
     State attorney general shall consider whether or not to 
     institute a civil commitment proceeding, or any equivalent 
     proceeding required under State law.
       (b) Monitoring of Released Persons.--
       (1) In general.--Each State shall intensively monitor, for 
     not less than 1 year, any person described under paragraph 
     (2) who--
       (A) has been unconditionally released from incarceration by 
     the State; and
       (B) has not been civilly committed pursuant to a civil 
     commitment proceeding, or any equivalent proceeding under 
     State law.
       (2) Applicability.--Paragraph (1) shall apply to--
       (A) any sexually violent predator; or
       (B) any person who has been deemed by the State to be at 
     high-risk for recommitting any sexually violent offense or 
     criminal offense against a victim who is a minor.
       (c) Compliance.--
       (1) Compliance date.--Each State shall have not more than 3 
     years from the date of enactment of this Act in which to 
     implement the requirements of this section.
       (2) Ineligibility for funds.--A State that fails to 
     implement the requirements of this section, shall not receive 
     25 percent of the funds that would otherwise be allocated to 
     the State under section 20106(b) of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13706(b)).
       (3) Reallocation of funds.--Any funds that are not 
     allocated for failure to comply with this section shall be 
     reallocated to States that comply with this section.

[[Page 19007]]



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