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103D CONGRESS 2D SESSION H. R. 4300 To prevent handgun violence and illegal commerce in firearms. ======================= IN THE HOUSE OF REPRESENTATIVES April 26, 1994 Mr. SCHUMER (for himself, Ms. SCHENK, Mr. MCDERMOTT, Ms. PELOSI, Ms. WATERS, Mr. REYNOLDS, Mr. STARK, Mr. DEUTSCH, Mr. ACKERMAN, Mr. BERMAN, Mr. EDWARDS of California, and Mr. FRANK of Massachusetts) introduced the following bill; which was referred to the Committee on the Judiciary ======================= A BILL To prevent handgun violence and illegal commerce in firearms. //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 "Handgun Control and Violence Prevention Act of 1994". !!SEC. 2. FINDINGS AND DECLARATIONS.!! The Congress finds and declares that-- (1) crimes committed with firearms threaten the peace and domestic tranquility of the United States, and threaten the security and general welfare of the Nation and its people; (2) crimes committed with firearms, especially those committed with handguns, have imposed a substantial burden on interstate commerce; (3) firearms are easily transported across State boundaries and, as a result, individual State action to regulate firearms is made less than effective by lax regulation by other States; and (4) accordingly, it is necessary to establish uniform national laws governing all aspects of the firearms industry, requiring handgun licensing and registration, expanding the categories of persons prohibited from possessing firearms, limiting Federal firearms licensees to bona fide importers, manufacturers, and dealers, and prohibiting the sale of semiautomatic assault weapons and other dangerous weapons. !!SEC. 3. TABLE OF CONTENTS.!! The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Findings and declarations. Sec. 3. Table of contents. TITLE I--NATIONAL HANDGUN CONTROLS Sec. 101. State license required to receive a handgun. Sec. 102. Multiple handgun transfer prohibition. Sec. 103. Prohibition against engaging in the business of dealing in handguns without specific authorization; authorization required to be provided if applicant demonstrates significant unmet economic demand. TITLE II--TRACING OF GUNS USED IN CRIMES Sec. 201. Dealer assistance with tracing of firearms. Sec. 202. Computerization of records. Sec. 203. Interstate transportation of firearms. Sec. 204. Gun running. Sec. 205. National Firearms Tracing Center. TITLE III--DEALER RESPONSIBILITY Sec. 301. Compliance with State and local firearms licensing laws required before issuance of Federal firearms license. Sec. 302. Background investigation of licensees. Sec. 303. Increased license fees for dealers. Sec. 304. Increased penalties for making knowingly false statements in connection with firearms. Sec. 305. Dealer inspections. Sec. 306. Gun shows. Sec. 307. Acquisition and disposition records of dealers suspected of serving as sources of illegal firearms. Sec. 308. Dealer responsibility for sales to felons or minors. Sec. 309. Interstate shipment of firearms. TITLE IV--THEFT OF FIREARMS Sec. 401. Dealer reporting of firearm thefts. Sec. 402. Theft of firearms or explosives. Sec. 403. Theft of firearms or explosives from licensee. Sec. 404. Security of licensed firearms dealers. Sec. 405. Prohibition against transactions involving stolen firearms which have moved in interstate or foreign commerce. TITLE V--ARMED FELONS Sec. 501. Individuals denied administrative relief from certain firearms prohibitions; additional evidence not admissible in judicial review of denials of such administrative relief for other persons. Sec. 502. Clarification of definition of conviction. Sec. 503. Enhanced penalty for use of a semiautomatic firearm during a crime of violence or a drug trafficking crime. Sec. 504. Violation of firearms laws in aid of drug trafficking. Sec. 505. Mandatory penalties for firearms possession by violent felons and serious drug offenders. TITLE VI--VIOLENT MISDEMEANANTS Sec. 601. Prohibition against disposal of firearms or ammunition to, or receipt of firearms or ammunition by, persons convicted of a violent crime or subject to a protection order. TITLE VII--AMMUNITION Sec. 701. Federal license to deal in ammunition. Sec. 702. Regulation of the manufacture, importation, and sale of certain particularly dangerous bullets. !!TITLE I--NATIONAL HANDGUN CONTROLS!! !!SEC. 101. STATE LICENSE REQUIRED TO RECEIVE A HANDGUN.!! (a) IN GENERAL.--Section 922 of title 18, United States Code, is amended by adding at the end the following: "(v)(1) It shall be unlawful for any person to sell, deliver, or otherwise transfer a handgun to an individual 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; and "(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 completed State handgun registration form for the handgun to be transferred. "(2) It shall be unlawful for any person to sell, deliver, or otherwise transfer handgun ammunition to an individual who is not licensed under section 923 unless the transferor (or licensed dealer, if State law so directs or allows) 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 who is not licensed under section 923 to receive a handgun or handgun ammunition unless the individual possesses a valid State handgun license. "(4) 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. "(5) As used in this subsection, the term `State handgun license' means a license issued under a State law that, at a minimum, meets the following requirements: "(A) The State law provides that-- "(i) the chief law enforcement officer of the State shall issue State handgun licenses, which shall meet such requirements as to form, appearance, and security against forgery as are prescribed by the Secretary in regulations, in accordance with such procedures as are prescribed by the Secretary in regulations; "(ii) the State handgun license issued to a licensee shall contain-- "(I) the name, address, date of birth, physical description, and a photograph of the licensee; and "(II) a unique license number; and "(iii) a State handgun license shall be valid for a period of not more than 2 years from the date of issue, unless revoked. "(B) The State law provides that a State handgun license may 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, in addition to a valid identification document (as defined in section 1028), documentation 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 instant criminal background check system established by the Attorney General pursuant to section 103 of the Brady Handgun Violence Prevention Act; and "(iv) has been issued a State handgun safety certificate. "(D) The State law may authorize the chief law enforcement officer of the State to charge a fee for the issuance of a State handgun license. "(E) The State law provides that, if the 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) The State law provides for the revocation of a State handgun license issued by the chief law enforcement officer of the State if the chief law enforcement officer determines that the licensee no longer satisfies 1 or more of the conditions set forth in subparagraph (B). "(ii) The State law provides that, within 10 days after a person possessing a State handgun license that has been revoked receives notice of the revocation, the person shall return the license to the chief law enforcement officer who issued the license. "(G)(i) The State law provides that, within 24 hours after a State handgun licensee discovers that a handgun has been stolen from or lost by the licensee, the licensee shall report the theft or loss to-- "(I) the Secretary; "(II) the chief law enforcement officer of the State; and "(III) appropriate local authorities. "(ii) The State law shall provide that failure to make the reports described in clause (i) shall be punishable by a civil penalty of not less than $1,000. "(6) As used in this subsection, the term `State handgun registration form' means a handgun registration form prescribed under a State law that, at a minimum, meets the following requirements: "(A) The State law provides that a handgun registration form shall not be considered completed by an individual with respect to a handgun, unless the form contains, at a minimum-- "(i) information identifying the individual, including the name, address, date of birth, and number on the State handgun license issued to the individual; and "(ii) information identifying the handgun, including the manufacturer, model, caliber, and serial number of the handgun. "(B) The State law provides that the chief law enforcement officer of the State shall furnish information from completed handgun registration forms to Federal, State, and local law enforcement authorities upon request. "(C) The State law may authorize the chief law enforcement officer of the State to charge a fee for the registration of a handgun. "(7) As used in this subsection, the term `State handgun safety certificate' means a certificate issued under a State law that, at a minimum, meets the following requirements: "(A) The State law provides that the chief law enforcement officer of the State shall issue State handgun safety certificates. "(B) The State law provides that a State handgun safety certificate is not to be issued to an applicant, unless the chief law enforcement officer of the State determines that the applicant-- "(i) is a resident of the State, by examining, at a minimum, in addition to a valid identification document (as defined in section 1028), documentation such as a utility bill or lease agreement; "(ii) has completed a course of not less than 2 hours of instruction in handgun safety, that was taught by law enforcement officers and designed by the chief law enforcement officer; and "(iii) has passed an examination, designed by the chief law enforcement officer, testing the applicant's knowledge of handgun safety. "(C) The State law may authorize the chief law enforcement officer of the State to charge a fee for the handgun safety course and examination described in subparagraph (B).". (b) DEFINITION OF HANDGUN AMMUNITION.--Section 921(a) of such title is amended by adding at the end the following: "(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) REGULATIONS.--Section 926 of such title is amended by adding at the end the following: "(d) The Secretary shall, for purposes of section 922(v), prescribe regulations-- "(1) governing the form and appearance of State handgun licenses; "(2) establishing minimum standards that such licenses must meet to be secure against forgery; and "(3) establishing minimum standards that States must meet in issuing such licenses in order to prevent fraud or theft of such licenses.". (d) PENALTY.--Section 924(a)(1)(B) of such title is amended by striking "or (q)" and inserting "(r), or (v)". (e) TECHNICAL CORRECTION TO BRADY ACT.--Section 922(t)(1)(B)(ii) of such title is amended by inserting "or State law" after "section". (f) EFFECTIVE DATE.--The amendments made by this section shall become effective on the date that is 180 days after the date of enactment of this Act. (g) 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(v) 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. !!SEC. 102. MULTIPLE HANDGUN TRANSFER PROHIBITION.!! Section 922 of title 18, United States Code, as amended by section 101(a) of this Act, is amended by adding at the end the following: "(w)(1)(A) It shall be unlawful for any licensed dealer-- "(i) during any 30-day period, to sell 2 or more handguns to an individual who is not licensed under section 923; or "(ii) to sell a handgun to an individual who is not licensed under section 923 and who purchased a handgun during the 30-day period ending on the date of the sale. "(B) It shall be unlawful for any individual who is not licensed under section 923 to purchase 2 or more handguns during any 30-day period. "(2) Paragraph (1) shall not apply to the exchange of a handgun for a handgun.". !!SEC. 103. PROHIBITION AGAINST ENGAGING IN THE BUSINESS OF DEALING IN HANDGUNS WITHOUT SPECIFIC AUTHORIZATION; AUTHORIZATION REQUIRED TO BE PROVIDED IF APPLICANT DEMONSTRATES SIGNIFICANT UNMET ECONOMIC DEMAND.!! (a) PROHIBITION AGAINST ENGAGING IN THE BUSINESS OF DEALING IN HANDGUNS WITHOUT SPECIFIC AUTHORIZATION.--Section 922(a)(1) of title 18, United States Code, is amended-- (1) by striking "or" at the end of subparagraph (A); and (2) by redesignating subparagraph (B) as subparagraph (C) and inserting after subparagraph (A) the following: "(B) to engage in the business of dealing in handguns, or in the course of such business, to ship, transport, or receive any handgun in interstate or foreign commerce, unless the person is specifically authorized to do so under section 923(d)(2)(A); or". (b) AUTHORIZATION REQUIRED TO BE PROVIDED IF APPLICANT DEMONSTRATES THAT IT IS IN THE PUBLIC INTEREST.--Section 923(d) of such title is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following: "(2)(A) The Secretary shall authorize a licensed dealer (or a person whose application for a license to engage in the business of dealing in firearms is required to be approved by the Secretary) to engage in the business of dealing in handguns if the licensed dealer (or the applicant) demonstrates to the Secretary, in accordance with regulations which the Secretary shall prescribe, that there is significant unmet lawful demand for handguns in the market area (as defined by the Secretary) served by the licensed dealer (or to be served by the applicant). "(B) For purposes of paragraph (3) of this subsection and subsections (e) and (f), a request for authority to engage in the business of dealing in handguns is deemed an application for a license under this section, and the provision of such authority is deemed the issuance of such a license.". (c) EFFECTIVE DATE.-- (1) IN GENERAL.--Except as provided in paragraph (2), the amendments made by this section shall take effect 1 year after the date of the enactment of this Act. (2) 2-YEAR GRANDFATHERING OF LICENSED DEALERS.--The amendments made by this section shall not apply, during the 2- year period that begins with the effective date provided for in paragraph (1) of this subsection, to any person who, on such effective date, is a licensed dealer (as defined in section 921(a)(11) of title 18, United States Code). !!TITLE II--TRACING OF GUNS USED IN CRIMES!! !!SEC. 201. DEALER ASSISTANCE WITH TRACING OF FIREARMS.!! (a) PROVISION OF RECORD INFORMATION.--Section 923(g) of title 18, United States Code, is amended by adding at the end the following: "(6) Each licensee shall, at such times and under such conditions as the Secretary shall prescribe by regulation, provide all record information required to be kept by this chapter, or such lesser information as the Secretary may specify, as may be required for determining the disposition of a firearm in the course of a law enforcement investigation.". (b) NO CRIMINAL PENALTY.--Section 924(a)(1)(D) of such title is amended by adding at the end the following: "except section 923(g)(6),". !!SEC. 202. COMPUTERIZATION OF RECORDS.!! Section 926 of title 18, United States Code, as amended by section 101(c) of this Act, is amended-- (1) in subsection (a), by striking the 2nd sentence; and (2) by adding at the end the following: "(e) The Director of the Bureau of Alcohol, Tobacco, and Firearms shall centralize all records of receipts and disposition of firearms obtained by the Bureau, and maintain such records in whatever manner will enable their most efficient use in law enforcement investigations.". !!SEC. 203. INTERSTATE TRANSPORTATION OF FIREARMS.!! Section 922(a)(3) of title 18, United States Code, is amended to read as follows: "(3)(A) for any person not licensed under section 923 of this title to transport a firearm from one State into another State; and "(B)(i) subparagraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than the person's State of residence from transporting the firearm into or receiving the firearm in the person's State of residence, if it is lawful for the person to possess the firearm in the person's State of residence; "(ii) subparagraph (A) shall not apply to the transportation or receipt of any firearm obtained in conformity with subsection (b)(3) of this section; "(iii) subparagraph (A) shall not apply to the transportation of any firearm acquired in any State before the effective date of this chapter; "(iv) subparagraph (A) shall not apply to the transportation of any firearm in accordance with section 926A of this title; and "(v) subparagraph (A) shall not apply to the transportation of any firearm under contract or agreement with a person licensed under section 923 of this title, by a person who ships or transports goods in the ordinary course of business;". !!SEC. 204. GUN RUNNING.!! (a) PROHIBITIONS.--Section 922 of title 18, United States Code, as amended by sections 101(a) and 102 of this Act, is amended by adding at the end the following: "(x) It shall be unlawful for any person not licensed under section 923 to receive a firearm with the intent to transfer the firearm for profit.". (b) PENALTIES.--Section 924(a) of such title is amended by adding at the end the following: "(6)(A) Except as provided in subparagraph (B) of this paragraph, whoever violates section 922(x) shall be fined under this title, imprisoned not less than 6 months and not more than 3 years, or both. "(B) Whoever violates section 922(x) with respect to 5 or more firearms during a 30-day period shall be fined under this title, imprisoned not less than 3 years, or both.". !!SEC. 205. HANDGUN BARREL REGISTRATION.!! Section 923(i) of title 18, United States Code, is amended-- (1) by inserting "(1)" after "(i)"; and (2) by adding at the end the following: "(2) Each licensed manufacturer shall maintain records of the ballistics of handgun barrels made by the licensed manufacturer, and the serial numbers of such barrels, and shall make such records available to the Secretary, in accordance with regulations prescribed by the Secretary.". !!SEC. 206. NATIONAL FIREARMS TRACING CENTER.!! (a) ESTABLISHMENT.--The Secretary of the Treasury shall establish in the Bureau of Alcohol, Tobacco, and Firearms a National Firearms Tracing Center which shall be operated for the purpose of tracing the chain of possession of firearms and ammunition used in crimes. (b) LIMITATION ON AUTHORIZATION OF APPROPRIATIONS.--For the establishment and operation of the National Firearms Tracing Center, there are authorized to be appropriated to the Secretary of the Treasury not to exceed $20,000,000 for each of fiscal years 1994, 1995, and 1996. !!TITLE III--DEALER RESPONSIBILITY!! !!SEC. 301. COMPLIANCE WITH STATE AND LOCAL FIREARMS LICENSING LAWS REQUIRED BEFORE ISSUANCE OF FEDERAL FIREARMS 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: "(F) in the case of an application for a license to engage in the business of dealing in firearms-- "(i) the applicant has complied with all requirements imposed on persons desiring to engage in such a business by the State and political subdivision thereof in which the applicant conducts or intends to conduct such business; "(ii) the business to be conducted pursuant to the license is not prohibited by the law of the State or locality in which the business premises is located; and "(iii) the application includes a written statement which-- "(I) is signed by the chief of police of the locality, or the sheriff of the county, in which the applicant conducts or intends to conduct such business, the head of the State police of such State, or any official designated by the Secretary; and "(II) certifies that the information available to the signer of the statement does not indicate that the applicant is ineligible to obtain such a license under the law of such State and locality.". !!SEC. 302. BACKGROUND INVESTIGATION OF LICENSEES.!! (a) IN GENERAL.--Section 923(d)(1)(B) of title 18, United States Code, is amended-- (1) by inserting "after a thorough investigation of" before "the applicant"; and (2) by striking "association)" and inserting "association), which investigation shall include checking the applicant's fingerprints against all appropriate compilations of criminal records, the Secretary determines that the applicant". (b) INSPECTION OF APPLICANT'S PREMISES.--Section 923(d)(1) of such title, as amended by section 301 of this Act, 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: "(G) the Secretary has conducted an inspection of the place at which the applicant is to conduct business pursuant to the license.". (c) BUSINESS PREMISES REQUIRED OF APPLICANT.--Section 923(d)(1)(E) of such title is amended by inserting "business" after "(i)". (d) EXTENSION OF PERIOD FOR APPROVING OR DENYING APPLICATION.-- Section 923(d)(3) of such title, as so redesignated by section 103(b) of this Act, is amended by striking "forty-five-day" and inserting "180-day". !!SEC. 303. INCREASED LICENSE FEES FOR DEALERS.!! Section 923(a)(3) of title 18, United States Code, is amended to read as follows: "(3) If the applicant-- "(A) is a dealer in destructive devices or ammunition for destructive devices, a fee of $2,000 per year; or "(B) is a dealer not described in subparagraph (A), a fee of $3,000 for 3 years.". !!SEC. 304. INCREASED PENALTIES FOR MAKING KNOWINGLY FALSE STATEMENTS IN CONNECTION WITH FIREARMS.!! (a) IN ACQUIRING A FIREARM FROM A LICENSED DEALER.--Section 924(a) of title 18, United States Code, is amended-- (1) in paragraph (1)(B), by striking "(a)(6),"; and (2) in paragraph (2), by inserting "(a)(6)," after "subsection". (b) IN RECORDKEEPING.--Section 924(a)(3) of such title is amended by striking "fined not more than $1,000, imprisoned not more than one year" and inserting "fined under this title, imprisoned not more than 10 years". !!SEC. 305. DEALER INSPECTIONS.!! Section 923(g)(1)(B) of title 18, United States Code, is amended by striking all after "warrant" and inserting "as necessary to ensure compliance with this chapter, to further a criminal investigation, or to determine the disposition of 1 or more particular firearms.". !!SEC. 306. GUN SHOWS.!! (a) PROHIBITION AGAINST CERTAIN HANDGUN TRANSFERS AT GUN SHOWS.- Section 922(b) of title 18, United States Code, is amended-- (1) by striking "and" at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting "; or"; and (3) by inserting after paragraph (5) the following: "(6) any handgun to any person who is not a licensed importer, licensed manufacturer, or licensed dealer, at any place other than the location specified on the license of the transferor.". (b) CONFORMING AMENDMENT.--Section 923(j) of such title is amended by inserting ", consistent with section 922(b)(6)," before "temporarily". !!SEC. 307. ACQUISITION AND DISPOSITION RECORDS OF DEALERS SUSPECTED OF SERVING AS SOURCES OF ILLEGAL FIREARMS.!! Section 923(g)(1) of title 18, United States Code, is amended by adding at the end the following: "(E) If the Secretary, during a 1-year period, has identified a licensed dealer as the source of 3 or more firearms that have been recovered by law enforcement officials in criminal investigations, or if the Secretary has reason to believe that a licensed dealer is a source of firearms used in crimes, the Secretary may require the dealer to produce any or all records maintained by the dealer of acquisition and disposition of firearms, and may continue to impose such requirement until the Secretary determines that the dealer is not a source of firearms used in crimes.". !!SEC. 308. DEALER RESPONSIBILITY FOR SALES TO FELONS OR MINORS.!! (a) IN GENERAL.--Chapter 44 of title 18, United States Code, is amended by inserting after section 922 the following: !!"S 922A. Tort liability of licensed dealers!! "(a)(1) Any person suffering physical injury arising from a crime of violence (as defined in section 924(c)(3)) in which a qualified firearm is used may bring an action in any United States district court against any qualified licensed dealer for damages and such other relief as the court deems appropriate. "(2) As used in paragraph (1), the term `qualified firearm' means a firearm that-- "(A) has been transferred by a licensed dealer to a person who-- "(i) has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; or "(ii) has not attained the age of 18 years; and "(B) is subsequently used by any person in a crime of violence (as defined in section 924(c)(3)). "(3) As used in paragraph (1), the term `qualified licensed dealer' means, with respect to a firearm, a licensed dealer who transfers the firearm to a person, knowing or having reasonable cause to believe that the person is prohibited by Federal or State law from receiving the firearm. "(b)(1) The defendant in an action brought under subsection (a) shall be held liable in tort, without regard to fault or proof of defect, for all direct and consequential damages arising from the crime of violence referred to therein, except as provided in paragraph (2) of this subsection. The court, in its discretion, may award punitive damages. "(2) There shall be no liability under subsection (a) if it is established by a preponderance of the evidence that the plaintiff suffered the physical injury while committing the crime of violence referred to therein.". (b) CLERICAL AMENDMENT.--The section analysis for such chapter is amended by inserting after the item relating to section 922 the following: "Sec. 922A. Tort liability of licensed dealers.". !!SEC. 309. INTERSTATE SHIPMENT OF FIREARMS.!! Section 922(e) of title 18, United States Code, is amended-- (1) by inserting "Any common or contract carrier that undertakes to transport or deliver firearms in interstate or foreign commerce shall, not less frequently than monthly, obtain from the Secretary a list of licensed dealers. The Secretary shall provide to any common or contract carrier, upon request and without charge, a list of licensed dealers and their license numbers." before "It shall"; (2) by striking ", to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors,"; (3) by inserting "(1)" after "without"; (4) by inserting ", and (2) if the intended recipient of the package or container is a licensed dealer, written notice of the dealer's license number" before the semicolon; and (5) by adding at the end the following: "A common or contract carrier shall be considered to have cause to believe that a shipment of firearms would violate this chapter if it is alleged to the carrier that the intended recipient of the shipment is a licensed dealer and the carrier fails to verify that the intended recipient is a licensed dealer.". !!TITLE IV--THEFT OF FIREARMS!! !!SEC. 401. DEALER REPORTING OF FIREARM THEFTS.!! Section 923(g) of title 18, United States Code, as amended by section 201(a) of this Act, is amended by adding at the end the following: "(7) Each licensee shall report to the Secretary, and to the chief law enforcement officer (as defined in section 922(s)(8)) of the locality in which the premises specified on the license is located, any theft of firearms from the licensee, not later than the close of business on the first business day of the licensee after the day that the licensee discovers the theft.". !!SEC. 402. THEFT OF FIREARMS OR EXPLOSIVES.!! (a) FIREARMS.--Section 924 of title 18, United States Code, is amended by adding at the end the following: "(j) Whoever steals any firearm which is moving as, or is a part of, or which has moved in, interstate or foreign commerce shall be fined under this title, imprisoned for not less than 2 nor more than 10 years, or both.". (b) EXPLOSIVES.--Section 844 of such title is amended by adding at the end the following: "(k) Whoever steals any explosive materials which are moving as, or are a part of, or which have moved in, interstate or foreign commerce shall be fined under this title, imprisoned for not less than 2 nor more than 10 years, or both.". !!SEC. 403. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.!! (a) FIREARMS.--Section 924 of title 18, United States Code, as amended by section 402(a) of this Act, is amended by adding at the end the following: "(k) Whoever 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 such title, as amended by section 402(b) of this Act, is amended by adding at the end the following: "(l) Whoever steals explosive materials 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. 404. SECURITY OF LICENSED FIREARMS DEALERS.!! (a) REQUIREMENT.--Section 923 of title 18, United States Code, is amended by adding at the end the following: "(l) Licensed dealers shall provide for security against theft of firearms from their business premises, in accordance with regulations prescribed by the Secretary.". (b) DENIAL OF DEALER'S LICENSE.--Section 923(d)(1)(F) of such title, as added by section 301(3), and amended by section 302(b)(2), of this Act, is amended-- (1) by striking "and" at the end of clause (ii); (2) by adding at the end the following: "(iv) the applicant has provided for security against theft of firearms from the place at which business is to be conducted pursuant to the license, in accordance with regulations prescribed under subsection (l); and". !!SEC. 405. 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.". !!TITLE V--ARMED FELONS!! !!SEC. 501. INDIVIDUALS DENIED ADMINISTRATIVE RELIEF FROM CERTAIN FIREARMS PROHIBITIONS; ADDITIONAL EVIDENCE NOT ADMISSIBLE IN JUDICIAL REVIEW OF DENIALS OF SUCH ADMINISTRATIVE RELIEF FOR OTHER PERSONS.!! (a) IN GENERAL.--Section 925(c) of title 18, United States Code, is amended-- (1) in the 1st sentence, by inserting "(other than an individual)" before "who is prohibited"; (2) by striking the 2nd and 3rd sentences; (3) in the 4th sentence-- (A) by inserting "person (other than an individual) who is a" before "licensed importer"; and (B) by striking "his" and inserting "such"; and (4) in the 5th sentence, by inserting "(1) the name of the person, (2) the disability with respect to which the relief is granted, and, if the disability was imposed by reason of a criminal conviction of the person, the crime for which, and the court in which, the person was convicted, and (3)" before "the reasons therefor". (b) APPLICABILITY.--The amendments made by subsection (a) shall apply to-- (1) applications for administrative relief, and actions for judicial review, that are pending on the date of the enactment of this Act; and (2) applications for administrative relief filed, and actions for judicial review brought, after the date of the enactment of this Act. !!SEC. 502. CLARIFICATION OF DEFINITION OF CONVICTION.!! Section 921(a)(20) of title 18, United States Code, is amended-- (1) in the 1st sentence-- (A) by inserting "(A)" after "(20)"; and (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) in the 2nd sentence, by striking "What" and inserting the following: "(B) What"; and (3) by striking the 3rd sentence and inserting the following: "(C) Any State conviction which has been expunged or set aside, or for which a person has been pardoned or has had civil rights restored, shall not be considered a conviction for purposes of this chapter if-- "(i) the expungement, set aside, pardon, or restoration of civil rights applies to a named person and expressly authorizes the person to ship, transport, receive, and possess firearms; and "(ii) the State authority granting the expungement, set aside, pardon, or restoration of civil rights has expressly determined that the circumstances regarding the conviction, and the person's record and reputation, are such that-- "(I) the applicant will not be likely to act in a manner dangerous to public safety; and "(II) the granting of the relief would not be contrary to the public interest. "(D) Subparagraph (C) shall not apply to a conviction for a violent felony (as defined in section 924(e)(2)(B)) or a serious drug offense (as defined in section 924(e)(2)(A)).". !!SEC. 503. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM DURING A CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME.!! (a) IN GENERAL.--Section 924(c)(1) of title 18, United States Code, is amended by striking "and if the firearm is a short-barreled rifle, short-barreled shotgun" and inserting "if the firearm is a semiautomatic firearm, a short-barreled rifle, or a short- barreled shotgun,". (b) SEMIAUTOMATIC FIREARM.--Section 921(a) of such title, as amended by section 101(b) of this Act, is amended by adding at the end the following: "(31) The term `semiautomatic firearm' means any repeating firearm which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.". !!SEC. 504. VIOLATION OF FIREARMS LAWS IN AID OF DRUG TRAFFICKING.!! Section 924 of title 18, United States Code, as amended by sections 402(a) and 403(a) of this Act, is amended by adding at the end the following: "(l) Whoever, with the intent to engage in or to promote conduct which-- "(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)), violates any provision of this chapter, or attempts to do so, shall be imprisoned for not more than 10 years, fined under this title, or both.". !!SEC. 505. MANDATORY PENALTIES FOR FIREARMS POSSESSION BY VIOLENT FELONS AND SERIOUS DRUG OFFENDERS.!! (a) 1 PRIOR CONVICTION.--Section 924(a)(2) of title 18, United States Code, is amended by inserting ", and if the violation is of section 922(g)(1) by a person who has a previous conviction for a violent felony or a serious drug offense (as defined in subsections (e)(2) (A) and (B) of this section), a sentence imposed under this paragraph shall include a term of imprisonment of not less than five years" before the period. (b) 2 PRIOR CONVICTIONS.--Section 924 of such title, as amended by sections 402(a), 403(a), and 504 of this Act, is amended by adding at the end the following: "(m)(1) Notwithstanding subsection (a)(2) of this section, any person who violates section 922(g) and has 2 previous convictions by any court referred to in section 922(g)(1) for a violent felony (as defined in subsection (e)(2)(B) of this section) or a serious drug offense (as defined in subsection (e)(2)(A) of this section) committed on occasions different from one another shall be fined as provided in this title, imprisoned not less than 10 years and not more than 20 years, or both. "(2) Notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g).". !!TITLE VI--VIOLENT MISDEMEANANTS!! !!SEC. 601. PROHIBITION AGAINST DISPOSAL OF FIREARMS OR AMMUNITION TO, OR RECEIPT OF FIREARMS OR AMMUNITION BY, PERSONS CONVICTED OF A VIOLENT CRIME OR SUBJECT TO A PROTECTION ORDER.!! (a) PROHIBITION AGAINST DISPOSAL.--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 a semicolon; and (3) by inserting after paragraph (7) the following: "(8) has been convicted in any court of an offense that-- "(A) is punishable by imprisonment for more than 6 months; and "(B)(i) has, as an element, 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 a person described in subparagraph (A) may be used in the course of committing the offense; or "(9) 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 AGAINST RECEIPT.--Section 922(g) of such title is amended-- (1) by striking "or" at the end of paragraph (6); and (2) by inserting after paragraph (7) the following: "(8) who has been convicted in any court of an offense that- "(A) is punishable by imprisonment for more than 6 months; and "(B)(i) has, as an element, 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 a person described in subparagraph (A) may be used in the course of committing the offense; or "(9) who 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,". !!TITLE VII--AMMUNITION!! !!SEC. 701. FEDERAL LICENSE TO DEAL IN AMMUNITION.!! (a) DEFINITIONS.-- (1) DEALER.--Section 921(a)(11)(A) of title 18, United States Code, is amended by inserting "or ammunition" after "firearms". (2) COLLECTOR.--Section 921(a)(13) of such title is amended by inserting "or ammunition" after "firearms". (3) ENGAGED IN THE BUSINESS.--Section 921(a)(21) of such title is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following: "(E) as applied to a dealer in ammunition, a person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of ammunition, but such term shall not include a person who makes occasional sales, exchanges, or purchases of ammunition for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of ammunition;". (b) PROHIBITIONS.--Section 922 of such title is amended-- (1) in subsection (a)-- (A) in paragraph (1) (as amended by section 103(a) of this Act)-- (i) by amending subparagraph (A) to read as follows: "(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms or ammunition, or in the course of such business to ship, transport, or receive any firearm or ammunition in interstate or foreign commerce; or"; (ii) by striking "or" at the end of subparagraph (B); and (iii) by striking subparagraph (C); (B) in paragraphs (2), (3) and (5), by inserting "or ammunition" after "firearm" each place such term appears; (2) in subsection (b)(3)-- (A) by inserting "or ammunition" after "firearm" each place such term appears; and (B) by inserting ", or ammunition for a rifle or shotgun," after "shotgun"; (3) in subsection (c)-- (A) by inserting "or ammunition" after "firearm" in the 1st, 3rd, 4th, 5th, 6th and 7th places such term appears; (B) by inserting "or any ammunition other than for a shotgun or rifle," after "rifle," the 1st place such term appears; and (C) by inserting "or ammunition for a shotgun or rifle," after "rifle," the 2nd place such term appears; (4) in subsection (e) (as amended by section 309 of this Act), by inserting "or ammunition" after "firearms" each place such term appears; and (5) in subsection (q)(1)-- (A) in subparagraph (A), by inserting "or ammunition" after "firearm"; and (B) by adding at the end the following: "(C) Subparagraph (A) shall not apply to the possession of ammunition-- "(i) on private property not part of school grounds; "(ii) if the individual possessing the ammunition is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State requires that, before an individual obtain such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license; "(iii) which is in a locked container; "(iv) by an individual for use in a program approved by a school in the school zone; "(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual; "(vi) by a law enforcement officer acting in his or her official capacity; or "(vii) which is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.". (c) LICENSING.--Section 923 of such title is amended-- (1) in subsection (a), by striking ", or importing or manufacturing"; (2) in subsection (g)-- (A) in paragraph (1)-- (i) in subparagraph (A)-- (I) by inserting "and ammunition" after "firearms" the 1st place such term appears; (II) by striking "firearms" the 2nd place such term appears; and (III) by striking "or any licensed importer or manufacturer of ammunition,"; (ii) in each of subparagraphs (B)(iii) and (C)(ii), by inserting "or rounds of ammunition" after "firearms"; and (iii) in subparagraph (D)(iv) (as added by section 404(b) of this Act), by inserting "or rounds of ammunition" after "firearms"; (B) in paragraph (2)-- (i) by inserting "or ammunition" after "firearm"; and (ii) by inserting "or ammunition" after "firearms". (C) in paragraph (6) (as added by section 201(a) of this Act), by inserting "or ammunition" after "firearm"; and (D) in paragraph (7) (as added by section 401 of this Act), by inserting "or ammunition" after "firearms"; (3) in subsection (j)-- (A) by inserting "or ammunition" after "firearms" the 2nd place such term appears; and (B) by inserting "and ammunition" after "firearms" the 3rd place such term appears; and (4) in subsection (l) (as added by section 404(a) of this Act), by inserting "or ammunition" after "firearms". (d) PENALTIES.--Section 924 of such title is amended-- (1) in subsection (g), by inserting "or ammunition" after "firearm"; (2) in subsection (h), by inserting "or ammunition" after "firearm" each place such term appears; (3) in subsection (j) (as added by section 402(a) of this Act), by inserting "or ammunition" after "firearm"; and (4) in subsection (k) (as added by section 403(a) of this Act), by inserting "or ammunition" after "firearm". (e) INTERSTATE TRANSPORTATION.--Section 926A of such title is amended-- (1) in the section heading, by inserting "!!and ammunition!! " after "!!firearms!! "; and (2) in the text, by inserting "or ammunition" after "firearm" in the 1st, 2nd, 3rd, and 4th places such term appears. (f) POSSESSION IN FEDERAL FACILITIES.--Section 930 of such title is amended-- (1) in the section heading, by inserting "!!, ammunition,!! " after "!!firearms!! "; (2) by inserting ", ammunition," after "firearm" each place such term appears; and (3) in subsection (c)(3), by inserting ", ammunition," after "firearms". (g) CLERICAL AMENDMENTS.--The table of sections for chapter 44 of such title is amended-- (1) in the item relating to section 926A, by inserting "and ammunition" after "firearms"; and (2) in the item relating to section 930, by inserting ", ammunition," after "firearms". !!SEC. 702. REGULATION OF THE MANUFACTURE, IMPORTATION, AND SALE OF CERTAIN PARTICULARLY DANGEROUS BULLETS.!! Section 921(a)(17) of title 18, United States Code, is amended by striking subparagraph (B) and inserting the following: "(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; "(ii) a jacketed, hollow point projectile which may be used in a handgun and the jacket of which is designed to produce, upon impact, evenly spaced sharp or barb-like projections that extent beyond the diameter of the unfired projectile; or "(iii) a jacketed projectile which may be used in a handgun and the jacket of which 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.". Downloaded from GUN-TALK (703-719-6406) A service of the National Rifle Association Institute for Legislative Action Fairfax, VA 22030 {PB