103d CONGRESS

2d Session

S. 1878

To amend title 18, United States Code, to promote the safe use of guns and to reduce gun violence.

IN THE SENATE OF THE UNITED STATES

February 28 (legislative day, FEBRUARY 22), 1994

Mr. METZENBAUM (for himself, Mr. KENNEDY, Mr. BRADLEY, Mr. LAUTENBERG, Mrs. BOXER, Mr. PELL, and Mr. CHAFEE) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend title 18, United States Code, to promote the safe use of guns and to reduce gun violence.

• 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 `Gun Violence Prevention Act of 1994'.

SEC. 2. FINDINGS AND DECLARATIONS.

• The Congress finds and declares that--

• • (1) crime, particularly crime involving guns, is a pervasive, nationwide problem;

• • (2) crimes committed with guns threaten the peace and domestic tranquility of the citizens of the United States and threaten the security and general welfare of the Nation and its people;

• • (3) crimes committed with guns, and especially handguns, have created a substantial burden on interstate commerce;

• • (4) crime at the local level is exacerbated by the interstate movement of guns;

• • (5) guns and ammunition are easily concealed and transported across State lines in interstate commerce, and as a result, individual State action to regulate them is made less than effective by lax regulation in other States;

• • (6) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have moved considerably in interstate commerce;

• • (7) while criminals move freely from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason;

• • (8) the occurrence of gun violence in schools has resulted in a decline in the quality of education in our country and this, in turn, has an adverse impact on interstate commerce and the foreign commerce of the United States;

• • (9) States and localities find it almost impossible to handle gun-related crime by themselves due in part to the failure or inability of other States or localities to take strong measures; and

• • (10) accordingly, it is necessary to establish national standards to promote the safe use of firearms and to reduce gun violence, including handgun licensing and registration, expanded prohibitions against firearm transfers to, or possession by, children and persons likely to misuse or commit crimes with firearms, requirements for gun safety and safe storage, strengthened regulation of licensed manufacturers, importers, and dealers, and prohibitions on the sale of semiautomatic assault weapons and other dangerous weapons.

TITLE I--HANDGUN LICENSING AND REGISTRATION

SEC. 101. STATE LICENSE REQUIRED TO RECEIVE TRANSFER OF A HANDGUN.

• (a) IN GENERAL- Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection:

• `(u)(1) It shall be unlawful for any person to sell, deliver, or otherwise transfer a handgun to an individual (including an individual taking possession of a handgun as employee or agent of another person) who is not licensed under section 923 unless--

• • `(A) the transferor (or a licensed dealer, if State law so directs or allows) has verified that the transferee possesses a valid State handgun license by--

• • • `(i) examining the State handgun license;

• • • `(ii) examining, in addition to the State handgun license, a valid identification document (as defined in section 1028) containing a photograph of the transferee; and

• • • `(iii) contacting the chief law enforcement officer of the State that issued the State handgun license to confirm that the State handgun license has not been revoked;

• • `(B) the transferor (or licensed dealer) has provided to the chief law enforcement officer of the State in which the transfer is to take place a State handgun registration form for the handgun to be transferred; and

• • `(C)(i) not less than 7 days have elapsed from the date on which the transferor (or licensed dealer) contacted the chief law enforcement officer of the State pursuant to subparagraph (A)(iii); or

• • `(ii) the transferee has presented to the transferor (or licensed dealer) a written statement, issued by the chief law enforcement officer of the State in which the transferee resides within the previous 10 days, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or any member of the household of the transferee.

• `(2) It shall be unlawful for any person to sell, deliver, or otherwise transfer handgun ammunition to an individual (including an individual taking possession of handgun ammunition as employee or agent of another person) who is not licensed under section 923 unless the transferor (or licensed dealer) has verified that the transferee possesses a valid State handgun license by--

• • `(A) examining the State handgun license; and

• • `(B) examining, in addition to the State handgun license, a valid identification document (as defined in section 1028) containing a photograph of the transferee.

• `(3) It shall be unlawful for any individual (including an individual acting as employee or agent of another person) who is not licensed under section 923 to receive transfer of a handgun or handgun ammunition unless the individual possesses a valid State handgun license.

• `(4)(A) As used in this subsection, the term `State handgun license' means a license issued under a State law that provides for the issuance and revocation of licenses and the reporting of losses and thefts of handguns and handgun ammunition consistent with this paragraph.

• `(B) A State handgun license shall--

• • `(i) be issued by the chief law enforcement officer of the State in which the licensee resides;

• • `(ii) contain, at a minimum, the licensee's name, address, date of birth, physical description, a unique license number and a photograph of the licensee; and

• • `(iii) remain valid for a period of not more than 2 years, unless revoked.

• `(C) A State handgun license shall not be issued unless the chief law enforcement officer of the State determines that the applicant--

• • `(i) is at least 21 years of age;

• • `(ii) is a resident of the State, by examining, at a minimum, documentation in addition to a valid identification document (as defined in section 1028), such as a utility bill or lease agreement;

• • `(iii) is not prohibited from possessing or receiving a handgun under Federal, State, or local law, based upon name- and fingerprint-based research in all available Federal, State, and local recordkeeping systems, including the national system designated by the Attorney General pursuant to the Brady Handgun Violence Prevention Act; and

• • `(iv) has been issued a State handgun safety certificate.

• `(D) The chief law enforcement officer of the State may be authorized to charge a fee for issuance of a State handgun license.

• `(E) If a chief law enforcement officer of the State determines that an individual is ineligible to receive a State handgun license and the individual in writing requests the officer to provide the reasons for that determination, the officer shall provide the reasons to the individual in writing within 20 business days after receipt of the request.

• `(F)(i) A State handgun license shall be revoked if the chief law enforcement officer of the State that issued the license determines that the applicant no longer satisfies 1 of the qualifications described in subparagraph (C).

• `(ii) A person possessing a State handgun license that is revoked shall return the license to the chief law enforcement officer of the State in which the licensee resides within 10 days after receipt of notice of the revocation.

• `(G) The applicant shall be required under State law to report the theft or loss of a firearm within 24 hours after the theft or loss is discovered, to--

• • `(i) the Secretary;

• • `(ii) the chief law enforcement officer of the State; and

• • `(iii) appropriate local authorities,

• failure to report to be punishable by a civil penalty of $1,000 or such greater amount as State law may provide.

• `(5)(A) As used in this subsection, the term `State handgun registration form' means a form prescribed under State law consistent with this paragraph.

• `(B) A State handgun registration form shall contain, at a minimum--

• • `(i) information identifying the transferee, including name, address, date of birth, and State handgun license number; and

• • `(ii) information identifying the handgun, including make, model, caliber, and serial number.

• `(C) The chief law enforcement officer of the State shall furnish information from handgun registration forms to Federal, State, and local law enforcement authorities upon request.

• `(D) The chief law enforcement officer of the State may be authorized to charge a fee for registering a handgun.

• `(6)(A) As used in this subsection, the term `State handgun safety certificate' means a certificate under a State law that provides for the issuance of certificates in accordance with this paragraph.

• `(B) A State handgun safety certificate shall be issued by the chief law enforcement officer of the State in which the applicant resides.

• `(C) A State handgun safety certificate shall not be issued unless the chief law enforcement officer of the State determines that the applicant--

• • `(i) has completed a course, taught by law enforcement officers and designed by the chief law enforcement officer of the State, of not less than 2 hours of instruction in handgun safety; and

• • `(ii) has passed an examination, designed by the chief law enforcement officer of the State, testing the applicant's knowledge of handgun safety.

• `(D) The chief law enforcement officer of the State may be authorized to charge a fee for the handgun safety course and examination described in subparagraph (C).

• `(7) As used in this subsection, the term `chief law enforcement officer of the State' means the chief, or equivalent officer, of the State police force, or the designee of that officer.'.

• (b) DEFINITION OF HANDGUN AMMUNITION- Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph:

• `(30) The term `handgun ammunition' means--

• • `(A) a centerfire cartridge or cartridge case less than 1.3 inches in length; or

• • `(B) a primer, bullet, or propellent powder designed specifically for use in a handgun.'.

• (c) PENALTY- Section 924(a)(1)(B) of title 18, United States Code, is amended by striking `or (q)' and inserting `(q), or (u)'.

• (d) EFFECTIVE DATE- The amendments made by this title shall become effective on the date that is 180 days after the date of enactment of this Act.

• (e) AMENDMENT OF BRADY ACT-

• • (1) INTERIM PROVISION- Section 922(s)(1) of title 18, United States Code, is amended by adding `or on the effective date of subsection (u), whichever occurs earlier,' after `60 months after such date of enactment,'.

• • (2) PERMANENT PROVISION- Section 922(t) of title 18, United States Code, is amended by striking `firearm' each place it appears and inserting `firearm other than a handgun or ammunition other than handgun ammunition'.

• • (3) TECHNICAL CORRECTION- Section 922(t)(1)(B)(ii) of title 18, United States Code, is amended by inserting `or State law' after `section'.

• (f) FUNDING-

• • (1) GRANTS FOR ESTABLISHING SYSTEMS OF LICENSING AND REGISTRATION- The Attorney General shall, subject to the availability of appropriations, make a grant to each State (as defined in section 921(a)(2) of title 18, United States Code) to be used for the initial startup costs associated with establishing a system of licensing and registration consistent with the requirements of section 922(u) of title 18, United States Code.

• • (2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated for grants under paragraph (1) a total of $200,000,000 for fiscal year 1995 and all fiscal years thereafter.

TITLE II--RESTRICTIONS ON FIREARM POSSESSION

SEC. 201. PROHIBITION OF TRANSFER OF A FIREARM TO, OR POSSESSION OF A FIREARM BY, A PERSON CONVICTED OF A VIOLENT CRIME OR SUBJECT TO A PROTECTION ORDER.

• (a) PROHIBITION OF TRANSFER- Section 922(d) of title 18, United States Code, is amended--

• • (1) by striking `or' at the end of paragraph (6);

• • (2) by striking the period at the end of paragraph (7) and by inserting `; or'; and

• • (3) by inserting after paragraph (7) the following new paragraph:

• • `(8)(A) is under indictment for, or has been convicted in any court of, an offense that--

• • • `(i) involves the use, attempted use, or threatened use of physical force against another person; or

• • • `(ii) by its nature involves a substantial risk that physical force against another person may be used in the course of committing the offense; or

• • `(B) is required, pursuant to an order issued by a court in a case involving the use, attempted use, or threatened use of physical force against another person, to refrain from contact with or maintain a minimum distance from that person.'.

• (b) PROHIBITION OF POSSESSION- Section 922(g) of title 18, United States Code, is amended--

• • (1) by striking `or' at the end of paragraph (6);

• • (2) by striking the period at the end of paragraph (7) and by inserting `; or'; and

• • (3) by inserting after paragraph (7) the following new paragraph:

• • `(8)(A) has been convicted in any court of an offense that--

• • • `(i) involves the use, attempted use, or threatened use of physical force against another person; or

• • • `(ii) by its nature involves a substantial risk that physical force against another person may be used in the course of committing the offense; or

• • `(B) is required, pursuant to an order issued by a court in a case involving the use, attempted use, or threatened use of physical force against another person, to refrain from contact with or maintain a minimum distance from that person.'.

SEC. 202. PROHIBITION OF TRANSFER OF A FIREARM OR AMMUNITION TO, OR POSSESSION OF A FIREARM OR AMMUNITION BY, A JUVENILE.

• (a) OFFENSE- Section 922 of title 18, United States Code, as amended by section 101(a), is amended by adding at the end the following new subsection:

• `(v)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer--

• • `(A) a handgun or handgun ammunition to any individual who the person knows or reasonably should know is less than 21 years of age; or

• • `(B) a firearm other than a handgun, or ammunition other than handgun ammunition, to any individual who the person knows or reasonably should know is less than 16 years of age.

• `(2) It shall be unlawful for any person to knowingly possess and intentionally control--

• • `(A) a handgun or handgun ammunition if the person is less than 21 years of age; or

• • `(B) a firearm other than a handgun, or ammunition other than handgun ammunition, if the person is less than 16 years of age.

• `(3) This subsection does not apply to--

• • `(A) a temporary transfer or temporary possession of a firearm or ammunition if the firearm or ammunition is possessed and used by the person who is underage--

• • • `(i) with the personal supervision and consent of a person who is at least 21 years of age who is not prohibited by Federal, State, or local law from possessing a firearm;

• • • `(ii) with the consent of the underage person's parent or legal guardian; and

• • • `(iii) in accordance with State and local law;

• • `(B) an underage person who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a firearm or ammunition in the line of duty;

• • `(C) a transfer by inheritance of title of a firearm or ammunition to an underage person, except that subsection (v)(2) shall apply to the possession by an underage person as a result of such a transfer; or

• • `(D) the transfer to, or possession by, an underage person of a firearm or ammunition while defending himself or herself or other persons against an intruder into the residence of the underage person or a residence in which the underage person is an invited guest.'.

• (b) PENALTIES- Section 924(a) of title 18, United States Code, is amended by adding at the end the following new paragraph:

• `(6) A person who violates section 922(v) shall be fined not more than $1,000, imprisoned not more than 1 year, or both, except that a person under the age of 18 who violates section 922(v)(2) for the first time shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the person fails to comply with a condition of probation.'.

SEC. 203. STORAGE OF FIREARMS AWAY FROM JUVENILES.

• (a) OFFENSE- Section 922 of title 18, United States Code, as amended by section 202(a), is amended by adding at the end the following new subsection:

• `(w)(1) Except as provided in paragraph (2), it shall be unlawful for any person to store or leave a loaded firearm, or an unloaded firearm and ammunition that can be fired by that firearm, at any place to which the person knows, or reasonably should know, a juvenile is likely to gain access at a time when the juvenile is not under the personal supervision of an adult who is not prohibited by Federal, State, or local law from possessing the firearm.

• `(2) As used in this subsection--

• • `(A) the term `juvenile' means a person who has not attained 16 years of age; and

• • `(B) the term `adult' means a person who has attained 21 years of age.'.

• (b) NOTICE- Section 923 of title 18, United States Code, is amended by adding at the end the following new subsection:

• `(l) Each licensed dealer shall post conspicuously at each of the dealer's places of business the following warning in block letters that are not less than 1 inch in height:

`IT IS A FEDERAL CRIME TO STORE OR LEAVE

A LOADED FIREARM, OR AN UNLOADED

FIREARM AND ITS AMMUNITION, WHERE

AN UNSUPERVISED JUVENILE

CAN GAIN ACCESS.'.

• (c) PENALTY- Section 924(a)(5) of title 18, United States Code, is amended by striking `or (t)' and inserting `(t), or (w)'.

SEC. 204. FEDERAL ARSENAL LICENSE.

• (a) OFFENSE- Section 922 of title 18, United States Code, as amended by section 203(a), is amended by adding at the end the following new subsection:

• `(x) It shall be unlawful for a person to possess more than 20 firearms or more than 1,000 rounds of ammunition unless the person--

• • `(1) is a licensed importer, licensed manufacturer, or licensed dealer; or

• • `(2) has been issued an arsenal license pursuant to section 923(m).'.

• (b) ARSENAL LICENSE- Section 923 of title 18, United States Code, as amended by section 203(b), is amended by adding at the end the following new subsection:

• `(m)(1) The Secretary shall issue an arsenal license if--

• • `(A) the applicant has--

• • • `(i) filed a sworn application with the Secretary, stating--

• • • • `(I) the applicant's name, address, and date of birth;

• • • • `(II) that the applicant is at least 21 years of age; and

• • • • `(III) that the applicant is not prohibited from possessing or receiving a firearm under Federal, State, or local law;

• • • `(ii) filed with the Secretary a certificate, dated within the previous 60 days, from the chief law enforcement officer of the applicant's State of residence, stating that the applicant has not exhibited such a propensity for violence, instability, or disregard of the law as may render the applicant's possession of an arsenal a danger to the community; and

• • • `(iii) paid an arsenal license fee of $300 for a 3-year license period; and

• • `(B) the Secretary has determined that the information in the application is accurate, based in part upon name- and fingerprint-based research in all available Federal, State, and local recordkeeping systems.

• `(2) The holder of an arsenal license shall be subject to all obligations and requirements pertaining to licensed dealers under this chapter.'.

• (c) PENALTY- Section 924(a)(5) of title 18, United States Code, as amended by section 203(c), is amended by striking `or (w)' and inserting `(w), or (x)'.

• (d) EFFECTIVE DATE- The amendments made by section shall become effective on the date that is 180 days after the date of enactment of this Act.

SEC. 205. RESTORATION OF FIREARM PRIVILEGES.

• (a) RESTORATION BY SECRETARY-

• • (1) REPEAL OF AUTHORITY- Section 925 of title 18, United States Code, is amended--

• • • (A) by striking subsection (c); and

• • • (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.

• • (2) TECHNICAL AMENDMENTS- (A) Section 922(d) of title 18, United States Code, is amended in the matter following paragraph (7) by striking `, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925 of this chapter'.

• • (B) Section 38(b)(1)(B)(i) of the Arms Export Control Act (22 U.S.C. 2778(b)(1)(B)(i)) is amended by striking `925(e)' and inserting `925(d)'.

• (b) RESTORATION BY A STATE OR THE PRESIDENT- Section 921(a)(20) of title 18, United States Code, is amended--

• • (1) in the first sentence--

• • • (A) by inserting `(A)' after `(20)'; and

• • • (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

• • (2) in the second sentence by striking `What' and inserting the following:

• • • `(B) What'; and

• • (3) by striking the third sentence and inserting the following new subparagraph:

• • • `(C)(i) A conviction that has been expunged or set aside, or for which a person has been pardoned or has had civil rights restored, shall not be considered to be a conviction for purposes of this chapter if--

• • • • `(I) the expungement, setting aside, pardon, or restoration of civil rights applies to a named person; and

• • • • `(II) the authority that grants the expungement, setting aside, pardon, or restoration of civil rights expressly authorizes the person to ship, transport, receive, and possess firearms and expressly determines that the circumstances regarding the conviction and the person's record and reputation are such that the person is not likely to act in a manner that is dangerous to public safety and the granting of the relief is not contrary to the public interest.

• • • `(ii) Clause (i) shall not apply to a conviction of a serious drug offense (as defined in section 924(e)(2)(A)) or violent felony (as defined in section 924(e)(2)(B)).'.

TITLE III--RESTRICTIONS ON GUN SELLERS

SEC. 301. PROHIBITION ON MULTIPLE HANDGUN TRANSFERS.

• (a) IN GENERAL- Section 922 of title 18, United States Code, as amended by section 204(a), is amended by adding at the end the following new subsection:

• `(y)(1) Except as provided in paragraph (2), it shall be unlawful for any person to--

• • `(A) receive transfer of more than 1 handgun during any 30-day period;

• • `(B) transfer to another person more than 1 handgun during any 30-day period; or

• • `(C) transfer a handgun to another person if the transferor knows or reasonably should know that such person has received transfer of another handgun during the previous 30-day period.

• `(2) Paragraph (1) shall not apply to--

• • `(A) a transfer of a handgun to a person who is licensed under section 923;

• • `(B) a transfer of a handgun by inheritance;

• • `(C) a transfer of a handgun if another handgun is given by the transferee to the transferor in exchange; or

• • `(D) a transfer of a handgun that has been approved by the chief law enforcement officer of the State of residence of the transferee in accordance with regulations issued by the Secretary under subsection (b).

• `(3) As used in this subsection, the term `chief law enforcement officer of the State' has the meaning stated in section 922(u)(7) of title 18, United States Code.'.

• (b) REGULATIONS- Not later than 60 days after the date of enactment of this Act, the Secretary shall prescribe regulations that--

• • (1) provide procedures for a chief law enforcement officer to approve the transfer of more than 1 handgun during a 30-day period if--

• • • (A) the transferee is a private security company licensed to do business in the State where the transfer takes place; or

• • • (B) the transferee is replacing a handgun that had been received and then stolen within the 30-day period; and

• • (2) require a person who is licensed under section 923, before transferring a handgun, to receive a sworn statement from the transferee that the transferee has not received transfer of another handgun during the prior 30-day period.

• (c) MAINTENANCE OF RECORDS- Section 923(g)(3)(B) of title 18, United States Code, is amended by striking all of the paragraph after `entity' and by inserting `other than Federal, State, or local law enforcement authorities.'.

• (d) PENALTY- Section 924(a)(1)(B) of title 18, United States Code, as amended by section 101(c), is amended by striking `or (u)' and inserting `(u), or (y)'.

• (e) EFFECTIVE DATE- Subsections (a) and (d) shall become effective on the date that is 30 days after the effective date of the regulations prescribed under subsection (b).

SEC. 302. COMPLIANCE WITH STATE AND LOCAL LAW AS CONDITION TO LICENSE.

• Section 923(d)(1) of title 18, United States Code, is amended--

• • (1) by striking `and' at the end of subparagraph (D);

• • (2) by striking the period at the end of subparagraph (E) and inserting `; and'; and

• • (3) by adding at the end the following new subparagraph:

• • • `(F)(i) the business to be conducted under the license is not prohibited by State or local law in the place where the business premise is located; and

• • • `(ii) the applicant certifies that--

• • • • `(I) the business to be conducted under the license complies with the requirements of State and local law applicable to the conduct of the business; and

• • • • `(II) the applicant has notified local authorities, in a manner determined by the Secretary, of the filing of the application.'.

SEC. 303. LICENSE APPLICATION FEES.

• Section 923(a) of title 18, United States Code, is amended--

• • (1) in paragraph (1)(A) by striking `$1,000' and inserting `$10,000';

• • (2) in paragraph (1)(B) by striking `$50' and inserting `$1,000';

• • (3) in paragraph (1)(C) by striking `$10' and inserting `$1,000';

• • (4) in paragraph (2)(A) by striking `$1,000' and inserting `$10,000';

• • (5) in paragraph (2)(B) by striking `$50' and inserting `$1,000';

• • (6) in paragraph (3)(A) by striking `$1,000' and inserting `$10,000'; and

• • (7) in paragraph (3)(B) by striking `$200 for 3 years, except that the fee for renewal of a valid license shall be $90 for 3 years' and inserting `$1,000 per year'.

SEC. 304. ACTION ON FIREARMS LICENSE APPLICATION.

• Section 923(d)(2) of title 18, United States Code, is amended by striking `forty-five-day' and inserting `180-day'.

SEC. 305. INSPECTION OF FIREARMS LICENSEES' INVENTORY AND RECORDS.

• Section 923(g)(1)(B)(ii) of title 18, United States Code, is amended by striking `once during any twelve-month period' and inserting `3 times during any 12-month period, or at any time with respect to records relating to a firearm involved in a criminal investigation'.

SEC. 306. REQUIREMENT OF BUSINESS LIABILITY INSURANCE.

• Section 923(d)(1) of title 18, United States Code, as amended by section 302, is amended--

• • (1) by striking `and' at the end of subparagraph (E);

• • (2) by striking the period at the end of subparagraph (F) and inserting `; and'; and

• • (3) by adding at the end the following new subparagraph:

• • • `(G) the applicant certifies that the business is covered by an insurance policy providing personal injury protection to any person injured, while engaged in lawful activity, by a handgun obtained through the negligence of the applicant, to a limit of $100,000 for loss sustained by any such person as a result of bodily injury or death.'.

SEC. 307. LICENSE FOR AMMUNITION DEALERS.

• Chapter 44 of title 18, United States Code, is amended--

• • (1) in section 922(a)(1)(B)--

• • • (A) by striking `or licensed manufacturer' and inserting `, licensed manufacturer, or licensed dealer'; and

• • • (B) by striking `or manufacturing' and inserting `, manufacturing, or dealing';

• • (2) in section 922(a)(2) by inserting `or ammunition' after `any firearm';

• • (3) in section 922(a)(3) by inserting `or ammunition' after `firearm' each place it appears;

• • (4) in section 922(a)(5) by inserting `or ammunition' after `firearm' each place it appears;

• • (5) in section 922(b)(2) by inserting `or ammunition' after `firearm' each place it appears;

• • (6) in section 922(b)(3) by inserting `or ammunition' after `firearm' each place it appears;

• • (7) in section 922(b)(5) by striking `armor-piercing';

• • (8) in section 923(a) by striking `, or importing or manufacturing' and inserting `or';

• • (9) in section 923(g)(1)(A)--

• • • (A) by inserting `or ammunition' after `firearms' the first place it appears;

• • • (B) by striking `firearms' the second place it appears; and

• • • (C) by striking `licensed collector, or any licensed importer or manufacturer of ammunition' and inserting `or licensed collector'; and

• • (10) in section 923(g)(2)--

• • • (A) by inserting `or ammunition' after `firearms'; and

• • • (B) by inserting `or ammunition' after `firearm'.

SEC. 308. CHECK OF FIREARM STORE EMPLOYEES.

• (a) PROHIBITION- Section 923 of title 18, United States Code, as amended by section 204(b), is amended by adding at the end the following new subsection:

• `(n) A licensed importer, licensed manufacturer, or licensed dealer shall not employ any person in a position in which the person would have unsupervised access to firearms or ammunition unless--

• • `(1) in the case of access to handguns or handgun ammunition, the person has a valid State handgun license; and

• • `(2) in the case of access to firearms other than handguns or ammunition other than handgun ammunition--

• • • `(A) the person is at least 18 years of age;

• • • `(B) the licensee has contacted the national system designated by the Attorney General pursuant to the Brady Handgun Violence Prevention Act and the system has notified the licensee that the possession of a firearm by the person would not violate Federal, State, or local law; and

• • • `(C) the licensee has verified the identity of the person by examining a valid identification document (as defined in section 1028) of the person containing a photograph of the person.'.

• (b) PENALTY- Section 924(a)(1)(B) of title 18, United States Code, as amended by section 301(d), is amended by striking `or (y) of section 922' and inserting `or (y) of section 922, or section 923'.

SEC. 309. PROHIBITION OF SALES BY LICENSEES OTHER THAN ON LICENSED PREMISES.

• Section 923(j) of title 18, United States Code, is amended to read as follows:

• `(j) A licensed importer, licensed manufacturer, or licensed dealer shall not sell, deliver, or otherwise transfer a firearm from any motorized or towed vehicle or at a location other than the location specified on the license.'.

SEC. 310. RESPONSES TO REQUESTS FOR INFORMATION.

• Section 923(g) of title 18, United States Code, is amended by adding at the end the following new paragraph:

• `(6) Each licensee shall respond immediately to a request by the Secretary for information contained in the records required to be kept by this chapter as may be required in the conduct of a criminal investigation. The requested information shall be provided orally or in writing, as the Secretary may require.'.

SEC. 311. REPORTS OF THEFT OR LOSS OF FIREARMS.

• Section 923(g) of title 18, United States Code, as amended by section 310, is amended by adding at the end the following new paragraph:

• `(7) Each licensee shall report the theft or loss of a firearm from the licensee's inventory or collection, within 24 hours after the theft or loss is discovered, to the Secretary, the chief law enforcement officer of the State (as defined in section 922(u)(7)), and appropriate local authorities.'.

SEC. 312. DEFINITION OF FIREARM EXPANDED TO INCLUDE COMPONENT PARTS.

• Section 921(a)(3)(B) of title 18, United States Code, is amended by striking `or receiver' and inserting `, receiver, barrel, stock, ammunition magazine, or any part of the action'.

SEC. 313. COMMON CARRIER DELIVERY TO LICENSEES.

• Section 922(f)(2) of title 18, United States Code, is amended to read as follows:

• `(2) It shall be unlawful for any common or contract carrier to deliver in interstate or foreign commerce any firearm or ammunition without--

• • `(A) examining the Federal firearms or ammunition license of the recipient; and

• • `(B) obtaining written acknowledgement of receipt from the recipient of the package or other container in which there is a firearm or ammunition.'.

SEC. 314. CIVIL LIABILITY FOR VIOLATION OF FIREARM LAW.

• Section 924 of title 18, United States Code, is amended by adding at the end the following new subsection:

• `(i)(1) Any person who sells, delivers, or otherwise transfers any firearm or ammunition in violation of Federal law shall be liable for all damages proximately caused by such sale, delivery, or other transfer.

• `(2) An action to recover damages under paragraph (1) may be brought in a United States district court by, or on behalf of, any person, or the estate of any person, who suffers bodily injury or death as a result of the discharge of a firearm or ammunition sold, delivered, or transferred in violation of Federal law. Prevailing plaintiffs in such actions shall be awarded costs and reasonable attorneys' fees. Punitive damages shall be recoverable by the plaintiff if the defendant is found to have intentionally or recklessly violated the law.

• `(3) No action under paragraph (2) may be brought by or on behalf of a person who was engaged in a criminal act against the person or property of another person at the time of the injury.

• `(4) Nothing in this section shall be construed to preempt or otherwise limit any other cause of action available to any person.'.

TITLE IV--PROHIBITED WEAPONS

SEC. 401. PROHIBITED WEAPONS.

• (a) PROHIBITION- Section 922 of title 18, United States Code, as amended by section 301(a), is amended by adding at the end the following new subsection:

• `(z)(1) Except as provided in paragraph (2), it shall be unlawful for any person to manufacture, transfer, or possess a prohibited weapon.

• `(2) Paragraph (1) does not apply with respect to--

• • `(A) the manufacture by or for, transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof;

• • `(B) any lawful transfer or lawful possession of a prohibited weapon that was lawfully possessed before the date this subsection takes effect; or

• • `(C) the manufacture, transfer, or possession of any prohibited weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.'.

• (b) DEFINITIONS- Section 921 of title 18, United States Code, as amended by section 101(b), is amended--

• • (1) in subsection (a)--

• • • (A) in paragraph (28) by striking `semiautomatic rifle' means any repeating rifle' and inserting `semiautomatic firearm' means any repeating firearm'; and

• • • (B) by adding at the end the following new paragraphs:

• `(31) The term `prohibited weapon' means--

• • `(A) a firearm muffler or firearm silencer;

• • `(B) a short-barreled shotgun;

• • `(C) a short-barreled rifle;

• • `(D) a destructive device;

• • `(E) a semiautomatic assault weapon;

• • `(F) a Saturday-night-special handgun;

• • `(G) a nonsporting ammunition; and

• • `(H) a large-capacity ammunition feeding device.

• `(32)(A) The term `semiautomatic assault weapon' means--

• • `(i) any of the firearms, or types, replicas, or duplicates in any caliber of the firearms known as--

• • • `(I) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

• • • `(II) Israeli Military Industries Uzi and Galil;

• • • `(III) Beretta AR-70;

• • • `(IV) Colt AR-15 and Sporter;

• • • `(V) Fabrique Nationale FN/FAL, FN/LAR, and FNC;

• • • `(VI) SWD M-10, M-11, M-11/9, and M-12;

• • • `(VII) Steyr AUG;

• • • `(VIII) Intratec TEC-9, TEC-DC9 and TEC-22; and

• • • `(IX) revolving cylinder shotguns, such as (but not limited to) the Street Sweeper and Striker 12;

• • `(ii) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of the following:

• • • `(I) a folding or telescoping stock;

• • • `(II) a pistol grip that protrudes conspicuously beneath the action of the weapon;

• • • `(III) a bayonet mount;

• • • `(IV) a flash suppressor or barrel having a threaded muzzle; and

• • • `(V) a grenade launcher;

• • `(iii) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of the following:

• • • `(I) an ammunition magazine that attaches to the pistol outside of the pistol grip;

• • • `(II) a barrel having a threaded muzzle;

• • • `(III) a shroud that is attached to or partially or completely encircles the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;

• • • `(IV) a manufactured weight of 50 ounces or more when the pistol is unloaded; and

• • • `(V) a semiautomatic version of an automatic firearm; and

• • `(iv) a semiautomatic shotgun that has at least 2 of the following:

• • • `(I) a folding or telescoping stock;

• • • `(II) a pistol grip that protrudes conspicuously beneath the action of the weapon;

• • • `(III) a fixed magazine capacity in excess of 5 rounds; and

• • • `(IV) an ability to accept a detachable magazine.

• `(B) The term `semiautomatic assault weapon' shall not apply to--

• • `(i) any of the firearms specified in Appendix A to this section as such firearms were manufactured on or prior to January 1, 1994; and

• • `(ii) any firearm that--

• • • `(I) is manually operated by bolt, pump, lever, or slide action;

• • • `(II) has been rendered permanently inoperable; or

• • • `(III) is an antique firearm.

• `(33) The term `Saturday-night-special handgun' means--

• • `(A) any handgun that has a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other nonhomogeneous metal which will melt or deform at a temperature of less than 800 degrees Fahrenheit;

• • `(B) any pistol which does not have a positive manually operated safety device, a double action revolver which does not have a safety feature which automatically causes the hammer to retract to a point where the firing pin does not rest upon the primer of the cartridge, or any single action revolver which does not have a safety feature which by manual operation causes the hammer to retract to a point where the firing pin does not rest upon the primer of the cartridge;

• • `(C) any revolver with a safety device which cannot withstand the impact of a weight equal to the weight of the revolver dropping from a distance of 36 inches in a line parallel to the barrel upon the rear of the hammer spur, a total of 5 times;

• • `(D) any pistol that has a combined length and height less than 10 inches with the height (right angle measurement to barrel without magazine or extension) being at least 4 inches and the length being at least 6 inches, or any revolver that has a barrel length of less than 3 inches or has an overall frame (with conventional grips) length (not diagonal) of less than 4 1/2 inches; or

• • `(E)(i) uses ammunition of the following calibers--

• • • `(I) .22 short;

• • • `(II) .25;

• • • `(III) .32; and

• • `(ii) has an overall weight, while unloaded, of less than 18 ounces.

• `(34) The term `nonsporting ammunition' means--

• • `(A) any of the ammunition, or types, replicas, or duplicates of the ammunition known as--

• • • `(i) Dragon's Breath; or

• • • `(ii) .50 caliber BMG;

• • `(B) any ammunition that contains an incendiary or explosive charge;

• • `(C) any handgun ammunition measuring more than .45 inches in diameter; or

• • `(D) any handgun ammunition that produces a force at the muzzle in excess of 1,200 foot pounds.

• `(35) The term `large-capacity ammunition feeding device'--

• • `(A) means a magazine, belt, drum, feed strip, or similar device which has a capacity of, or which can be readily restored or converted to accept, more than 6 rounds of ammunition, or any combination of parts from which such device can be assembled; but

• • `(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.'; and

• • (2) by adding at the end the following appendix:

`APPENDIX A

Centerfire Rifles--Autoloaders

Centerfire Rifles--Lever & Slide

Centerfire Rifles--Bolt Action

Centerfire Rifles--Single Shot

Drillings, Combination Guns, Double Rifles

Rimfire Rifles--Autoloaders

Rimfire Rifles--Lever & Slide Action

Rimfire Rifles--Bolt Actions & Single Shots

Competition Rifles--Centerfire & Rimfire

Shotguns--Autoloaders

Shotguns--Slide Actions

Shotguns--Over/Unders

Shotguns--Side by Sides

Shotguns--Bolt Actions & Single Shots

• (c) REGISTRATION OF FUTURE TRANSFERS OF PROHIBITED WEAPONS- Section 5845(a) of the Internal Revenue Code of 1986 is amended in the first sentence--

• • (1) by striking `and' at the end of paragraph (7); and

• • (2) by striking the period at the end of paragraph (8) and inserting `; and (9) a prohibited weapon (as defined in section 921 of title 18, United States Code).'.

• (d) IDENTIFICATION MARKING- Section 923(i) of title 18, United States Code, is amended by adding at the end the following new sentence: `The serial number of any prohibited weapon manufactured after the date of enactment of this section shall clearly show the date on which the weapon was manufactured.'.

• (e) PENALTY-

• • (1) VIOLATION OF SECTION 922(2)- Section 924(a)(1)(B) of title 18, United States Code, as amended by section 308(b), is amended by striking `or (y)' and inserting `(y), or (z)'.

• • (2) USE OR POSSESSION DURING CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME- Section 924(c)(1) of title 18, United States Code, is amended in the first sentence by inserting `, or semiautomatic assault weapon' after `short-barreled shotgun,'.

SEC. 402. FIREARMS AND CHILD SAFETY.

• (a) UNLAWFUL ACT- Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection:

• `(aa)(1) It shall be unlawful for a person to manufacture or import a firearm that does not have as an integral part a device or devices that--

• • `(A) prevent a child of less than 7 years of age from discharging the firearm by reason of the amount of strength, dexterity, cognitive skill, or other ability required to cause a discharge;

• • `(B) prevent a firearm that has a removable magazine from discharging when the magazine has been removed; and

• • `(C) in the case of a handgun other than a revolver, clearly indicate whether the magazine or chamber contains a round of ammunition.

• `(2) Paragraph (1) does not apply with respect to the manufacture or importation by or for the United States or a department or agency thereof or a State or a department, agency, or political subdivision thereof.'.

• (b) PENALTY- Section 924(a)(5) of title 18, United States Code, as amended by section 204(c), is amended by striking `or (x)' and inserting `(x), or (aa)'.

• (c) EFFECTIVE DATE- The amendments made by this section shall become effective on the date that is 1 year after the date of enactment of this Act.

SEC. 403. INCREASED TAX ON HANDGUNS AND HANDGUN AMMUNITION.

• (a) INCREASED TAX- Section 4181 of the Internal Revenue Code of 1986 (relating to imposition of tax on firearms) is amended--

• • (1) by striking `10 percent' and inserting `30 percent';

• • (2) by striking `Shells, and cartridges' and inserting `ammunition other than handgun ammunition (as defined in section 921 of title 18, United States Code)'; and

• • (3) by inserting at the end the following:

`ARTICLES TAXABLE AT 50 PERCENT

• `Any handgun ammunition (as defined in section 921 of title 18, United States Code).'.

• (b) TAXES ON HANDGUNS AND HANDGUN AMMUNITION TO HEALTH CARE TRUST FUND- Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section:

`SEC. 9512. HEALTH CARE TRUST FUND.

• `(a) ESTABLISHMENT OF THE TRUST FUND- There is established in the Treasury of the United States a trust fund to be known as the `Health Care Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section.

• `(b) TRANSFERS TO THE FUND- There are hereby appropriated to the Health Care Trust Fund amounts equivalent to the taxes received in the Treasury under section 4181 which are attributable to the tax on articles subject to the 30-percent and 50-percent tax rates.

• `(c) EXPENDITURES FROM THE TRUST FUND- Funds in the Health Care Trust Fund shall be available, as provided in appropriations Acts, only for the purpose of making grants to assist hospitals, trauma centers or other health care providers that have incurred substantial uncompensated costs in providing medical care to gunshot victims except that no single hospital, trauma center or health care provider may receive more than 1 percent of the funds appropriated under this section.

• `(d) ELIGIBILITY FOR TRUST FUND MONEYS- A hospital, trauma center or other health care provider is eligible to apply for grants from the Trust Fund for any calendar year if the hospital, trauma center or health care provider--

• • `(1) is in compliance with Federal and State certification and licensing requirements;

• • `(2) is a not-for-profit entity; and

• • `(3) has incurred substantial uncompensated costs during the previous calendar year in providing medical care to gunshot victims.

• `(e) REGULATIONS FOR TRUST FUND- The Secretary shall, not later than 60 days after the date of enactment of this section and in consultation with the Secretary of Health and Human Services, issue such regulations as are necessary to implement the provisions of this section.'.

• (c) TECHNICAL AMENDMENT- The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

• • `Sec. 9512. Health Care Trust Fund.'.

TITLE V--GUN EXCHANGE TAX INCENTIVES

SEC. 501. MODIFICATIONS TO CERTAIN LIMITATIONS ON CHARITABLE DEDUCTION.

• (a) GENERAL RULE- Subsection (e) of section 170 of the Internal Revenue Code of 1986 (relating to certain contributions of ordinary income and capital gain property) is amended by adding at the end the following new paragraph:

• • `(6) SPECIAL RULES FOR GUN EXCHANGE PROGRAM CONTRIBUTIONS-

• • • `(A) DEDUCTION ALLOWED FOR FULL MARKET VALUE- The deduction under subsection (a) for any qualified gun exchange program contribution shall be an amount equal to its fair market value and no reduction under paragraph (1)(A) shall be made in the amount of such contribution.

• • • `(B) INCREASE IN CORPORATE PERCENTAGE LIMITATION- The limitation of subsection (b)(2) shall be increased by the lesser of--

• • • • `(i) the aggregate amount of qualified gun exchange program contributions made by the taxpayer during the taxable year, or

• • • • `(ii) 5 percent of the taxpayer's taxable income computed as provided in subsection (b)(2).

• • • `(C) QUALIFIED GUN EXCHANGE PROGRAM CONTRIBUTION- For purposes of this paragraph, the term `qualified gun exchange program contribution' means any charitable contribution of property described in paragraph (1) of section 1221 or of a coupon or similar instrument which may be used to acquire property so described if--

• • • • `(i) such contribution is to a governmental unit described in subsection (c)(1) or to an organization described in subsection (c)(2) which is designated by a governmental unit as a qualified recipient of gun exchange program contributions,

• • • • `(ii) the property (or coupon or similar instrument) is to be transferred in exchange for firearms to persons surrendering firearms to a governmental unit in a gun exchange program established and administered by such governmental unit, and

• • • • `(iii) the taxpayer received from the governmental unit or organization designated under clause (i) a written statement that the property (or coupon or similar instrument) was transferred as provided in clause (ii).'.

• (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to contributions made after the date of the enactment of this Act.

SEC. 502. MODEL PROGRAM.

• (a) MODEL PROGRAM- The Attorney General shall develop a written model program for business-sponsored gun exchange programs.

• (b) DISTRIBUTION- Not later than 3 months after the date of enactment of this Act, the Attorney General shall make available such model to States, units of local governments, and businesses.