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TITLE XI-FIREARMS - Sections 110201-110519
Subtitle B-Youth Handgun Safety SEC. 110201. PROHIBITION OF
POSSESSION OF A HANDGUN OR AMMUNITION BY, OR THE PRIVATE
HANDGUN OR AMMUNITION TO, A JUVENILE.
(a) Offense .-Section 922 of title 18, United States Code, as
by section 110103(a), is amended by adding at the end the
new subsection:
"(x)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferor knows or has
reasonable cause to believe is a juvenile-
"(A) a handgun; or
"(B) ammunition that is suitable for use only in a handgun.
"(2) It shall be unlawful for any person who is a juvenile to
knowingly possess-
"(A) a handgun; or
"(B) ammunition that is suitable for use only in a handgun.
"(3) This subsection does not apply to-
"(A) a temporary transfer of a handgun or ammunition to a juvenile or
to the possession or use of a handgun or ammunition by a juvenile if
the handgun and ammunition are possessed and used by the juvenile-
"(i) in the course of employment, in the course of ranching or farming
related to activities at the residence of the juvenile (or on property
used for ranching or farming at which the juvenile, with the
permission of the property owner or lessee, is performing activities
related to the operation of the farm or ranch), target practice,
hunting, or a course of instruction in the safe and lawful use of a
handgun;
"(ii) with the prior written consent of the juvenile's parent or
guardian who is not prohibited by Federal, State, or local law from
possessing a firearm, except-
"(I) during transportation by the juvenile of an unloaded handgun in a
locked container directly from the place of transfer to a place at
which an activity described in clause (i) is to take place and
transportation by the juvenile of that handgun, unloaded and in a
locked container, directly from the place at which such an activity
took place to the transferor; or
"(II) with respect to ranching or farming activities as described in
clause (i), a juvenile may possess and use a handgun or ammunition
with the prior written approval of the juvenile's parent or legal
guardian and at the direction of an adult who is not prohibited by
Federal, State or local law from possessing a firearm;
"(iii) the juvenile has the prior written consent in the juvenile's
possession at all times when a handgun is in the possession of the
juvenile; and
"(iv) in accordance with State and local law;
"(B) a juvenile who is a member of the Armed Forces of the United
States or the National Guard who possesses or is armed with a handgun
in the line of duty;
"(C) a transfer by inheritance of title (but not possession) of a
handgun or ammunition to a juvenile; or
"(D) the possession of a handgun or ammunition by a juvenile taken in
defense of the juvenile or other persons against an intruder into the
residence of the juvenile or a residence in which the juvenile is an
invited guest.
"(4) A handgun or ammunition, the possession of which is transferred
to a juvenile in circumstances in which the transferor is not in
violation of this subsection shall not be subject to permanent
confiscation by the Government if its possession by the juvenile
subsequently becomes unlawful because of the conduct of the juvenile,
but shall be returned to the lawful owner when such handgun or
ammunition is no longer required by the Government for the purposes of
investigation or prosecution.
"(5) For purposes of this subsection, the term 'juvenile' means a
person who is less than 18 years of age.
"(6)(A) In a prosecution of a violation of this subsection, the court
shall require the presence of a juvenile defendant's parent or legal
guardian at all proceedings.
"(B) The court may use the contempt power to enforce subparagraph (A).
"(C) The court may excuse attendance of a parent or legal guardian of
a juvenile defendant at a proceeding in a prosecution of a violation
of this subsection for good cause shown.".
(b) Penalties .-Section 924(a) of title 18, United States Code, is
amended-
(1) in paragraph (1) by striking "paragraph (2) or (3) of"; and
(2) by adding at the end the following new paragraph:
"(5)(A)(i) A juvenile who violates section 922(x) shall be fined under
this title, imprisoned not more than 1 year, or both, except that a
juvenile described in clause (ii) shall be sentenced to probation on
appropriate conditions and shall not be incarcerated unless the
juvenile fails to comply with a condition of probation.
"(ii) A juvenile is described in this clause if-
"(I) the offense of which the juvenile is charged is possession of a
handgun or ammunition in violation of section 922(x)(2); and [*H8831]
"(II) the juvenile has not been convicted in any court of an offense
(including an offense under section 922(x) or a similar State law, but
not including any other offense consisting of conduct that if engaged
in by an adult would not constitute an offense) or adjudicated as a
juvenile delinquent for conduct that if engaged in by an adult would
constitute an offense.
"(B) A person other than a juvenile who knowingly violates section
922(x)-
"(i) shall be fined under this title, imprisoned not more than 1 year,
or both; and
"(ii) if the person sold, delivered, or otherwise transferred a
handgun or ammunition to a juvenile knowing or having reasonable cause
to know that the juvenile intended to carry or otherwise possess or
discharge or otherwise use the handgun or ammunition in the commission
of a crime of violence, shall be fined under this title, imprisoned
not more than 10 years, or both.".
(c) Technical Amendment of Juvenile Delinquency Provisions in Title
18, United States Code .-
(1) Section 5031 .-Section 5031 of title 18, United States Code, is
amended by inserting "or a violation by such a person of section
922(x)" before the period at the end.
(2) Section 5032 .-Section 5032 of title 18, United States Code, is
amended-
(A) in the first undesignated paragraph by inserting "or (x)" after
"922(p)"; and
(B) in the fourth undesignated paragraph by inserting "or section
922(x) of this title," before "criminal prosecution on the basis".
(d) Technical Amendment of the Juvenile Justice and Delinquency
Prevention Act of 1974 .-Section 223(a)(12)(A) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A)) is
amended by striking "which do not constitute violations of valid court
orders" and inserting "(other than an offense that constitutes a
violation of a valid court order or a violation of section 922(x) of
title 18, United States Code, or a similar State law)."
(e) Model Law .-The Attorney General, acting through the Director of
the National Institute for Juvenile Justice and Delinquency
Prevention, shall-
(1) evaluate existing and proposed juvenile handgun legislation in
each State; (2) develop model juvenile handgun legislation that is
constitutional and enforceable;
(3) prepare and disseminate to State authorities the findings made as
the result of the evaluation; and
(4) report to Congress by December 31, 1995, findings and
recommendations concerning the need or appropriateness of further
action by the Federal Government.
Subtitle C-Licensure
SEC. 110301. FIREARMS LICENSURE AND REGISTRATION TO REQUIRE A
PHOTOGRAPH AND FINGERPRINTS.
(a) Firearms Licensure .-Section 923(a) of title 18, United States
Code, is amended in the second sentence by inserting "and shall
include a photograph and fingerprints of the applicant" before the
period.
(b) Registration .-Section 5802 of the Internal Revenue Code of 1986
is amended by inserting after the first sentence the following: "An
individual
required to register under this section shall include a photograph and
fingerprints of the individual with the initial application.".
SEC. 110302. COMPLIANCE WITH STATE AND LOCAL LAW AS A 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) the applicant certifies that-
"(i) the business to be conducted under the license is not prohibited
by State or local law in the place where the licensed premise is
located;
"(ii)(I) within 30 days after the application is approved the business
will comply with the requirements of State and local law applicable to
the conduct of the business; and
"(II) the business will not be conducted under the license until the
requirements of State and local law applicable to the business have
been met; and
"(iii) that the applicant has sent or delivered a form to be
prescribed by the Secretary, to the chief law enforcement officer of
the locality in which the premises are located, which indicates that
the applicant intends to apply for a Federal firearms license.".
SEC. 110303. ACTION ON FIREARMS LICENSE APPLICATION.
Section 923(d)(2) of title 18, United States Code, is amended by
striking "forty-five-day" and inserting "60-day".
SEC. 110304. INSPECTION OF FIREARMS LICENSEES' INVENTORY AND RECORDS.
Section 923(g)(1)(B)(ii) of title 18, United States Code, is amended
to read as follows:
"(ii) for ensuring compliance with the record keeping requirements of
this chapter- "(I) not more than once during any 12-month period; or
"(II) at any time with respect to records relating to a firearm
involved in a criminal investigation that is traced to the licensee.".
SEC. 110305. REPORTS OF THEFT OR LOSS OF FIREARMS.
Section 923(g) of title 18, United States Code, is amended by adding
at the end the following new paragraph:
"(6) Each licensee shall report the theft or loss of a firearm from
the licensee's inventory or collection, within 48 hours after the
theft or loss is discovered, to the Secretary and to the appropriate
local authorities.".
SEC. 110306. RESPONSES TO REQUESTS FOR INFORMATION.
Section 923(g) of title 18, United States Code, as amended by section
110405, is amended by adding at the end the following new paragraph:
"(7) Each licensee shall respond immediately to, and in no event later
than 24 hours after the receipt of, a request by the Secretary for
information contained in the records required to be kept by this
chapter as may be required for determining the disposition of 1 or
more firearms in the course of a bona fide criminal investigation. The
requested information shall be provided orally or in writing, as the
Secretary may require. The Secretary shall implement a system whereby
the licensee can positively identify and establish that an individual
requesting information via telephone is employed by and authorized by
the agency to request such information.".
SEC. 110307. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS
LICENSEES.
Section 923 of title 18, United States Code, is amended by adding at
the end the following new subsection:
"(1) The Secretary of the Treasury shall notify the chief law
enforcement officer in the appropriate State and local jurisdictions
of the names and addresses of all persons in the State to whom a
firearms license is issued.".
Subtitle D-Domestic Violence
SEC. 110401. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR RECEIPT
OF FIREARMS BY, PERSONS WHO HAVE COMMITTED DOMESTIC ABUSE.
(a) Intimate Partner Defined .-Section 921(a) of title 18, United
States Code, as amended by section 110103(b), is amended by inserting
at the end the following new paragraph:
"(32) The term 'intimate partner' means, with respect to a person, the
spouse of the person, a former spouse of the person, an individual who
is a parent of a child of the person, and an individual who
cohabitates or has cohabited with the person.".
(b) Prohibition Against Disposal of Firearms .-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 inserting
"; or"; and
(3) by inserting after paragraph (7) the following new paragraph:
"(8) is subject to a court order that restrains such person from
harassing, stalking, or threatening an intimate partner of such person
or child of such intimate partner or person, or engaging in other
conduct that would place an
intimate partner in reasonable fear of bodily injury to the partner or
child, except that this paragraph shall only apply to a court order
that-
"(A) was issued after a hearing of which such person received actual
notice, and at which such person had the opportunity to participate;
and
"(B)(i) includes a finding that such person represents a credible
threat to the physical safety of such intimate partner or child; or
"(ii) by its terms explicitly prohibits the use, attempted use, or
threatened use of physical force against such intimate partner or
child that would reasonably be expected to cause bodily injury.".
(c) Prohibition Against Receipt of Firearms .-Section 922(g) of title
18, United States Code, is amended-
(1) by striking "or" at the end of paragraph (6);
(2) by inserting "or" at the end of paragraph (7); and
(3) by inserting after paragraph (7) the following:
"(8) who is subject to a court order that-
"(A) was issued after a hearing of which such person received actual
notice, and at which such person had an opportunity to participate;
"(B) restrains such person from harassing, stalking, or threatening an
intimate partner of such person or child of such intimate partner or
person, or engaging in other conduct that would place an intimate
partner in reasonable fear of bodily injury to the partner or child;
and
"(C)(i) includes a finding that such person represents a credible
threat to the physical safety of such intimate partner or child; or
"(ii) by its terms explicitly prohibits the use, attempted use, or
threatened use of physical force against such intimate partner or
child that would reasonably be expected to cause bodily injury,".
(d) Storage of Firearms .-Section 926(a) of title 18, United States
Code, is amended-
(1) by striking "and" at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and inserting
"; and"; and
(3) by inserting after paragraph (2) the following:
"(3) regulations providing for effective receipt and secure storage of
firearms relinquished by or seized from persons described in
subsection (d)(8) or (g)(8) of section 922.".
(e) Return of Firearms .-Section 924(d)(1) of title 18, United States
Code, is amended by striking "the seized" and inserting "or lapse of
or court
termination of the restraining order to which he is subject, the
seized or relinquished".
Subtitle E-Gun Crime Penalties
SEC. 110501. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM
DURING A CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME.
(a) Amendment to Sentencing Guidelines .-Pursuant to its authority
under section 994 of title 28, United States Code, the United States
Sentencing Commission shall amend its sentencing guidelines to provide
an appropriate enhancement of the punishment for a crime of violence
(as defined in section 924(c)(3) of title 18, United States Code) or a
drug trafficking crime (as defined in section 924(c)(2) of title 18,
United States Code) if a semiautomatic firearm is involved. [*H8832]
(b) Semiautomatic Firearm .-In subsection (a), "semiautomatic firearm"
means any repeating firearm that utilizes a portion of the energy of a
firing cartridge to extract the fired cartridge case and chamber the
next round and that requires a separate pull of the trigger to fire
each cartridge.
SEC. 110502. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE
TO COMMIT A FELONY.
Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall promulgate
amendments to the sentencing guidelines to appropriately enhance
penalties in a case in which a defendant convicted under section
844(h) of title 18, United States Code, has previously been convicted
under that section.
SEC. 110503. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.
Section 924 of title 18, United States Code, as amended by section
60013, is amended by adding at the end the following new subsection:
"(j) A person who, with intent to engage in or to promote conduct
that-
"(1) is punishable under the Controlled Substances Act (21 U.S.C. 801
et seq.), the Controlled Substances Import and Export Act (21 U.S.C.
951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App.
1901 et seq.);
"(2) violates any law of a State relating to any controlled substance
(as defined in section 102 of the Controlled Substances Act, 21 U.S.C.
802); or
"(3) constitutes a crime of violence (as defined in subsection (c)(3),
smuggles or knowingly brings into the United States a firearm, or
attempts to do so, shall be imprisoned not more than 10 years, fined
under this title, or both.".
SEC. 110504. THEFT OF FIREARMS AND EXPLOSIVES.
(a) Firearms .-Section 924 of title 18, United States Code, as amended
by section 110203(a), is amended by adding at the end the following
new subsection:
"(k) A person who steals any firearm which is moving as, or is a part
of, or which has moved in, interstate or foreign commerce shall be
imprisoned for not more than 10 years, fined under this title, or
both.".
(b) Explosives .-Section 844 of title 18, United States Code, is
amended by adding at the end the following new subsection:
"(k) A person who steals any explosives materials which are moving as,
or are a part of, or which have moved in, interstate or foreign
commerce shall be imprisoned for not more than 10 years, fined under
this title, or both.".
SEC. 110505. REVOCATION OF SUPERVISED RELEASE AFTER IMPRISONMENT.
Section 3583 of title 18, United States Code, is amended-
(1) in subsection (d) by striking "possess illegal controlled
substances" and inserting "unlawfully possess a controlled substance";
(2) in subsection (e)-
(A) by striking "person" each place such term appears in such
subsection and inserting "defendant"; and
(B) by amending paragraph (3) to read as follows:
"(3) revoke a term of supervised release, and require the defendant to
serve in prison all or part of the term of supervised release
authorized by statute for the offense that resulted in such term of
supervised release without credit for time previously served on
postrelease supervision, if the court, pursuant to the Federal Rules
of Criminal Procedure applicable to revocation of probation or
supervised release, finds by a preponderance of the evidence that the
defendant violated a condition of supervised release, except that a
defendant whose term is revoked under this paragraph may not be
required to serve more than 5 years in prison if the offense that
resulted in the term of supervised release is a class A felony, more
than 3 years in prison if such offense is a class B felony, more than
2 years in prison if such offense is a class C or D felony, or more
than one year in any other case; or"; and
(3) by striking subsection (g) and inserting the following:
"(g) Mandatory Revocation for Possession of Controlled Substance or
Firearm or for Refusal To Comply With Drug Testing .-If the defendant-
"(1) possesses a controlled substance in violation of the condition
set forth in subsection (d);
"(2) possesses a firearm, as such term is defined in section 921 of
this title, in violation of Federal law, or otherwise violates a
condition of supervised release prohibiting the defendant from
possessing a firearm; or
"(3) refuses to comply with drug testing imposed as a condition of
supervised release;
the court shall revoke the term of supervised release and require the
defendant to serve a term of imprisonment not to exceed the maximum
term of
imprisonment authorized under subsection (e)(3).
"(h) Supervised Release Following Revocation .-When a term of
supervised release is revoked and the defendant is required to serve a
term of imprisonment that is less than the maximum term of
imprisonment authorized under subsection (e)(3), the court may include
a requirement that the defendant be placed on a term of supervised
release after imprisonment. The length of such a term of supervised
release shall not exceed the term of supervised release authorized by
statute for the offense that resulted in the original term of
supervised release, less any term of imprisonment that was imposed
upon revocation of supervised release.
"(i) Delayed Revocation .-The power of the court to revoke a term of
supervised release for violation of a condition of supervised release,
and to order the defendant to serve a term of imprisonment and,
subject to the limitations in subsection (h), a further term of
supervised release, extends beyond the expiration of the term of
supervised release for any period reasonably necessary for the
adjudication of matters arising before its expiration if, before its
expiration, a warrant or summons has been issued on the basis of an
allegation of such a violation.".
SEC. 110506. REVOCATION OF PROBATION.
(a) In General .-Section 3565(a) of title 18, United States Code, is
amended-
(1) in paragraph (2) by striking "impose any other sentence that was
available under subchapter A at the time of the initial sentencing"
and inserting "resentence the defendant under subchapter A"; and
(2) by striking the last sentence.
(b) Mandatory Revocation .-Section 3565(b) of title 18, United States
Code, is amended to read as follows:
"(b) Mandatory Revocation for Possession of Controlled Substance or
Firearm or Refusal To Comply With Drug Testing .-If the defendant-
"(1) possesses a controlled substance in violation of the condition
set forth in section 3563(a)(3);
"(2) possesses a firearm, as such term is defined in section 921 of
this title, in violation of Federal law, or otherwise violates a
condition of probation prohibiting the defendant from possessing a
firearm; or
"(3) refuses to comply with drug testing, thereby violating the
condition imposed by section 3563(a)(4),
the court shall revoke the sentence of probation and resentence the
defendant under subchapter A to a sentence that includes a term of
imprisonment.".
SEC. 110507. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE, MATERIAL
STATEMENT IN CONNECTION WITH THE ACQUISITION OF A FIREARM FROM A
LICENSED DEALER.
Section 924(a) of title 18, United States Code, is amended-
(1) in subsection (a)(1)(B) by striking "(a)(6),"; and
(2) in subsection (a)(2) by inserting "(a)(6)," after "subsections".
SEC. 110508. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.
Section 842(i) of title 18, United States Code, is amended by
inserting "or possess" after "to receive".
SEC. 110509. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.
Section 844(c) of title 18, United States Code, is amended-
(1) by inserting "(1)" after "(c)"; and
(2) by adding at the end the following new paragraphs:
"(2) Notwithstanding paragraph (1), in the case of the seizure of any
explosive materials for any offense for which the materials would be
subject to forfeiture in which it would be impracticable or unsafe to
remove the materials to a place of storage or would be unsafe to store
them, the seizing officer may destroy the explosive materials
forthwith. Any destruction under this paragraph shall be in the
presence of at least 1 credible witness. The seizing officer shall
make a report of the seizure and take samples as the Secretary may by
regulation prescribe.
"(3) Within 60 days after any destruction made pursuant to paragraph
(2), the owner of (including any person having an interest in) the
property so destroyed may make application to the Secretary for
reimbursement of the value of the property. If the claimant
establishes to the satisfaction of the Secretary that-
"(A) the property has not been used or involved in a violation of law;
or
"(B) any unlawful involvement or use of the property was without the
claimant's knowledge, consent, or willful blindness,
the Secretary shall make an allowance to the claimant not exceeding
the value of the property destroyed.".
SEC. 110510. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.
(a) Section 924(e)(1) of Title 18 .-Section 924(e)(1) of title 18,
United States Code, is amended by striking ", and such person shall
not be eligible for parole with respect to the sentence imposed under
this subsection".
(b) Section 924(c)(1) of Title 18 .-Section 924(c)(1) of title 18,
United States Code, is amended by striking "No person sentenced under
this subsection shall be eligible for parole during the term of
imprisonment imposed under this subsection.".
SEC. 10511. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN FIREARMS
WHICH HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE. Section 922(j) of
title 18, United States Code, is amended to read as follows:
"(j) It shall be unlawful for any person to receive, possess, conceal,
store, barter, sell, or dispose of any stolen firearm or stolen
ammunition, or pledge or accept as security for a loan any stolen
firearm or stolen ammunition, which is moving as, which is a part of,
which constitutes, or which has been shipped or transported in,
interstate or foreign commerce, either before or after it was stolen,
knowing or having reasonable cause to believe that the firearm or
ammunition was stolen.".
SEC. 110512. USING A FIREARM IN THE COMMISSION OF COUNTERFEITING OR
FORGERY.
Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall amend its
sentencing guidelines to provide an appropriate [*H8833] enhancement
of the punishment for a defendant convicted of a felony under chapter
25 of title 18, United States Code, if the defendant used or carried a
firearm (as defined in section 921(a)(3) of title 18, United States
Code) during and in relation to the felony.
SEC. 110513. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY VIOLENT
FELONS AND SERIOUS DRUG OFFENDERS.
Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall amend its
sentencing guidelines to-
(1) appropriately enhance penalties in cases in which a defendant
convicted under section 922(g) of title 18, United States Code, has 1
prior conviction by any court referred to in section 922(g)(1) of
title 18 for a violent felony (as defined in section 924(e)(2)(B) of
that title) or a serious drug offense (as defined in section
924(e)(2)(A) of that title); and (2) appropriately enhance penalties
in cases in which such a defendant has 2 prior convictions for a
violent felony (as so defined) or a serious drug offense (as so
defined).
SEC. 110514. RECEIPT OF FIREARMS BY NONRESIDENT.
Section 922(a) of title 18, United States Code, is amended-
(1) by striking "and" at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and inserting
"; and"; and
(3) by adding at the end the following new paragraph:
"(9) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, who does not
reside in any State to receive any firearms unless such receipt is for
lawful sporting purposes.".
SEC. 110515. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.
(a) Firearms .-Section 924 of title 18, United States Code, as amended
by section 110504(a), is amended by adding at the end the following
new subsection:
"(l) A person who steals any firearm from a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector shall be
fined under this title, imprisoned not more than 10 years, or both.".
(b) Explosives .-Section 844 of title 18, United States Code, as
amended by section 110204(b), is amended by adding at the end the
following new subsection:
"(l) A person who steals any explosive material from a licensed
importer, licensed manufacturer, or licensed dealer, or from any
permittee shall be fined under this title, imprisoned not more than 10
years, or both.".
SEC. 110516. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.
Section 842(d) of title 18, United States Code, is amended by striking
"licensee" and inserting "person".
SEC. 110517. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING. Section
924 of title 18, United States Code, as amended by section 110515(a),
is amended by adding at the end the following new subsection:
"(m) A person who, with the intent to engage in conduct that
constitutes a violation of section 922(a)(1)(A), travels from any
State or foreign country into any other State and acquires, or
attempts to acquire, a firearm in such other State in furtherance of
such purpose shall be imprisoned for not more than 10 years.".
SEC. 110518. FIREARMS AND EXPLOSIVES CONSPIRACY.
(a) Firearms .-Section 924 of title 18, United States Code, as amended
by section 110517(a), is amended by adding at the end the following
new subsection:
"(n) A person who conspires to commit an offense under subsection (c)
shall be imprisoned for not more than 20 years, fined under this
title, or both; and if the firearm is a machinegun or destructive
device, or is equipped with a firearm silencer or muffler, shall be
imprisoned for any term of years or life.".
(b) Explosives .-Section 844 of title 18, United States Code, as
amended by section 110515(b), is amended by adding at the end the
following new subsection:
"(m) A person who conspires to commit an offense under subsection (h)
shall be imprisoned for any term of years not exceeding 20, fined
under this title, or both.
SEC. 110519. DEFINITION OF ARMOR PIERCING AMMUNITION.
Section 921(a)(17) of title 18, United States Code, is amended by
revising subparagraph (B) and adding a new subparagraph (C) to read as
follows:
"(B) The term 'armor piercing ammunition' means-
"(i) a projectile or projectile core which may be used in a handgun
and which is constructed entirely (excluding the presence of traces of
other substances) from one or a combination of tungsten alloys, steel,
iron, brass, bronze, beryllium copper, or depleted uranium; or
"(ii) a full jacketed projectile larger than .22 caliber designed and
intended for use in a handgun and whose jacket has a weight of more
than 25 percent of the total weight of the projectile.
"(C) The term 'armor piercing ammunition' does not include shotgun
shot required by Federal or State environmental or game regulations
for hunting purposes, a frangible projectile designed for target
shooting, a projectile which the Secretary finds is primarily intended
to be used for sporting purposes, or any other projectile or
projectile core which the Secretary finds is intended to be used for
industrial purposes, including a charge used in an oil and gas well
perforating device.".