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TITLE XI-FIREARMS


                          Subtitle A-Assault Weapons

  SEC. 110101. SHORT TITLE.

  This subtitle may be cited as the "Public Safety and Recreational Firearms
Use Protection Act".
  SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF
CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

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

  "(v)(1) It shall be unlawful for a person to manufacture, transfer, or
possess a semiautomatic assault weapon.

  "(2) Paragraph (1) shall not apply to the possession or transfer of any
semiautomatic assault weapon otherwise lawfully possessed under Federal law
on the date of the enactment of this subsection.

  "(3) Paragraph (1) shall not apply to-

  "(A) any of the firearms, or replicas or duplicates of the firearms,
specified in Appendix A to this section, as such firearms were manufactured
on October 1, 1993;

  "(B) 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;

  "(C) any semiautomatic rifle that cannot accept a detachable magazine that
holds more than 5 rounds of ammunition; or

  "(D) any semiautomatic shotgun that cannot hold more than 5 rounds of
ammunition in a fixed or detachable magazine.

  The fact that a firearm is not listed in Appendix A shall not be construed
to mean that paragraph (1) applies to such firearm. No firearm exempted by
this subsection may be deleted from Appendix A so long as this subsection is
in effect.

  "(4) Paragraph (1) shall not apply to-

  "(A) the manufacture for, transfer to, or possession by the United States
or a department or agency of the United States or a State or a department,
agency, or political subdivision of a State, or a transfer to or possession
by a law enforcement officer employed by such an entity for purposes of law
enforcement (whether on or off duty);

  "(B) the transfer to a licensee under title I of the Atomic Energy Act of
1954 for purposes of establishing and maintaining an on-site physical
protection system and security organization required by Federal law, or
possession by an employee or contractor of such licensee on-site for such
purposes or off-site for purposes of licensee-authorized training or
transportation of nuclear materials;

  "(C) the possession, by an individual who is retired from service with a
law enforcement agency and is not otherwise prohibited from receiving a
firearm, of a semiautomatic assault weapon transferred to the individual by
the agency upon such retirement; or

  "(D) the manufacture, transfer, or possession of a semiautomatic assault
weapon by a licensed manufacturer or licensed importer for the purposes of
testing or experimentation authorized by the Secretary.".

  (b) DEFINITION OF SEMIAUTOMATIC ASSAULT WEAPON.-Section 921(a) of title
18, United States Code, is amended by adding at the end the following new
paragraph:

  "(30) The term `semiautomatic assault weapon' means-

  "(A) any of the firearms, or copies or duplicates of the firearms in any
caliber, known as-

  "(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
models);

  "(ii) Action Arms Israeli Military Industries UZI and Galil;

  "(iii) Beretta Ar70 (SC-70);

  "(iv) Colt AR-15;

  "(v) Fabrique National 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 (or similar to) the Street
Sweeper and Striker 12;

  "(B) a semiautomatic rifle that has an ability to accept a detachable
magazine and has at least 2 of-

  "(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 threaded barrel designed to accommodate a
flash suppressor; and

  "(v) a grenade launcher;

  "(C) a semiautomatic pistol that has an ability to accept a detachable
magazine and has at least 2 of-

  "(i) an ammunition magazine that attaches to the pistol outside of the
pistol grip;

  "(ii) a threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;

  "(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

  "(D) a semiautomatic shotgun that has at least 2 of-

  "(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.".

  (c) PENALTIES.-

  (1) VIOLATION OF SECTION 922(v).-Section 924(a)(1)(B) of such title is
amended by striking "or (q) of section 922" and inserting "(r), or (v) of
section 922".

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

  (d) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC ASSAULT WEAPONS.-Section
923(i) of such title is amended by adding at the end the following: "The
serial number of any semiautomatic assault weapon manufactured after the date
of the enactment of this sentence shall clearly show the date on which the
weapon was manufactured.".
  SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

  (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended
by section 110102(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 a
person to transfer or possess a large capacity ammunition feeding device.

  "(2) Paragraph (1) shall not apply to the possession or transfer of any
large capacity ammunition feeding device otherwise lawfully possessed on or
before the date of the enactment of this subsection.

  "(3) This subsection shall not apply to-

  "(A) the manufacture for, transfer to, or possession by the United States
or a department or agency of the United States or a State or a department,
agency, or political subdivision of a State, or a transfer to or possession
by a law enforcement officer employed by such an entity for purposes of law
enforcement (whether on or off duty);

  "(B) the transfer to a licensee under title I of the Atomic Energy Act of
1954 for purposes of establishing and maintaining an on-site physical
protection system and security organization required by Federal law, or
possession by an employee or contractor of such licensee on-site for such
purposes or off-site for purposes of licensee-authorized training or
transportation of nuclear materials;

  "(C) the possession, by an individual who is retired from service with a
law enforcement agency and is not otherwise prohibited from receiving
ammunition, of a large capacity ammunition feeding device transferred to the
individual by the agency upon such retirement; or

  "(D) the manufacture, transfer, or possession of any large capacity
ammunition feeding device by a licensed manufacturer or licensed importer for
the purposes of testing or experimentation authorized by the Secretary.

  "(4) If a person charged with violating paragraph (1) asserts that
paragraph (1) does not apply to such person because of paragraph (2) or (3),
the Government shall have the burden of proof to show that such paragraph (1)
applies to such person. The lack of a serial number as described in section
923(i) of title 18, United States Code, shall be a presumption that the large
capacity ammunition feeding device is not subject to the prohibition of
possession in paragraph (1).".

  (b) DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE.-Section 921(a)
of title 18, United States Code, as amended by section 110102(b), is amended
by adding at the end the following new paragraph:

  "(31) The term `large capacity ammunition feeding device'-

  "(A) means a magazine, belt, drum, feed strip, or similar device
manufactured after the date of enactment of the Violent Crime Control and Law
Enforcement Act of 1994 that has a capacity of, or that can be readily
restored or converted to accept, more than 10 rounds of ammunition; but

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

  (c) PENALTY.-Section 924(a)(1)(B) of title 18, United States Code, as
amended by section 110102(c)(1), is amended by striking "or (v)" and
inserting "(v), or (w)".

  (d) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION FEEDING
DEVICES.-Section 923(i) of title 18, United States Code, as amended by
section 110102(d) of this Act, is amended by adding at the end the
following: "A large capacity ammunition feeding device manufactured after the
date of the enactment of this sentence shall be identified by a serial number
that clearly shows that the device was manufactured or imported after the
effective date of this subsection, and such other identification as the
Secretary may by regulation prescribe.".
                                                                   [pH8827]

  SEC. 110104. STUDY BY ATTORNEY GENERAL.

  (a) STUDY.-The Attorney General shall investigate and study the effect of
this subtitle and the amendments made by this subtitle, and in particular
shall determine their impact, if any, on violent and drug trafficking crime.
The study shall be conducted over a period of 18 months, commencing 12 months
after the date of enactment of this Act.

  (b) REPORT.-Not later than 30 months after the date of enactment of this
Act, the Attorney General shall prepare and submit to the Congress a report
setting forth in detail the findings and determinations made in the study
under subsection (a).
  SEC. 110105. EFFECTIVE DATE.

  This subtitle and the amendments made by this subtitle-

  (1) shall take effect on the date of the enactment of this Act; and

  (2) are repealed effective as of the date that is 10 years after that
date.
  SEC. 110106. APPENDIX A TO SECTION 922 OF TITLE 18.

  Section 922 of title 18, United States Code, is amended by adding at the
end the following appendix:

                                                                   [pH8830]


                       Subtitle B-Youth Handgun Safety

  SEC. 110201. PROHIBITION OF THE POSSESSION OF A HANDGUN OR AMMUNITION BY,
OR THE PRIVATE TRANSFER OF A HANDGUN OR AMMUNITION TO, A JUVENILE.

  (a) OFFENSE.-Section 922 of title 18, United States Code, as amended by
section 110103(a), is amended by adding at the end the following 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

  "(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.
                                                                   [pH8831]


                             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.

  (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.
                                                                   [pH8832]

  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 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.
                                                                   [pH8833]

  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.".

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