[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3098 Engrossed in House (EH)]
103d CONGRESS
1st Session
H. R. 3098
_______________________________________________________________________
AN ACT
To amend title 18, United States Code, to prohibit the possession of a
handgun or handgun ammunition by, or the private transfer of a handgun
or handgun ammunition to, a juvenile.
103d CONGRESS
1st Session
H. R. 3098
_______________________________________________________________________
AN ACT
To amend title 18, United States Code, to prohibit the possession of a
handgun or handgun ammunition by, or the private transfer of a handgun
or handgun ammunition to, a juvenile.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS AND DECLARATIONS.
The Congress finds and declares that--
(1) Crime, particularly crime involving drugs and guns, is
a pervasive, nationwide problem.
(2) Problems with crime at the local level are exacerbated
by the interstate movement of drugs, funds, and criminal gangs.
(3) Firearms and ammunition, and handguns in particular,
move easily in interstate commerce, as documented in numerous
hearings in both the Judiciary Committee of the House of
Representatives and Judiciary Committee of the Senate.
(4) In fact, even before the sale of a handgun, the gun,
its component parts, ammunition, and the raw materials from
which they are made have considerably moved in interstate
commerce.
(5) While criminals freely move from State to State,
ordinary citizens may fear to travel to or through certain
parts of the country due to the concern that violent crime is
not under control, and foreigners may decline to travel in the
United States for the same reason.
(6) Just as the hardened drug kingpins begin their life in
the illicit drug culture by exposure to drugs at a young age,
violent criminals often start their criminal careers on streets
where the ready availability of guns to young people results in
the acceptability of their random use.
(7) Violent crime and the use of illicit drugs go hand-in-
hand, and attempts to control one without controlling the other
may be fruitless.
(8) Individual States and localities find it impossible to
handle the problem by themselves; even States and localities
that have made a strong effort to prevent, detect, and punish
crime find their effort unavailing due in part to the failure
or inability of other States and localities to take strong
measures.
(9) Inasmuch as illicit drug activity and related violent
crime overflow State lines and national boundaries, the
Congress has power, under the interstate commerce clause and
other provisions of the Constitution, to enact measures to
combat these problems.
(10) The Congress finds that it is necessary and
appropriate to assist the States in controlling crime by
stopping the commerce in handguns with juveniles nationwide,
and allowing the possession of handguns by juveniles only when
handguns are possessed and used for legitimate purposes under
appropriate conditions.
SEC. 2. PROHIBITION OF THE POSSESSION OF A HANDGUN OR AMMUNITION BY, OR
THE PRIVATE TRANSFER OF A HANDGUN OR AMMUNITION TO, A
JUVENILE.
(a) Definition.--Section 921(a) of title 18, United States Code, is
amended by adding at the end the following new paragraph:
``(29) The term `handgun' means--
``(A) a firearm that has a short stock and is designed to
be held and fired by the use of a single hand; and
``(B) any combination of parts from which a firearm
described in subparagraph (A) can be assembled.''.
(b) Offense.--Section 922 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(s)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a juvenile, or 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--
``(A) to 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;
``(iii) with 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) 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
subparagraph (A)(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;
``(C) to 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;
``(D) to a transfer by inheritance of title (but not
possession) of a handgun or ammunition to a juvenile; or
``(E) to 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.''.
(c) 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(s) 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(s)(2); and
``(II) the juvenile has not been convicted in any court of
an offense (including an offense under section 922(s) 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(s)--
``(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.''.
(d) 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 person
of section 922(s)'' 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 (s)'' after ``922(p)''; and
(B) in the fourth undesignated paragraph by
inserting ``or section 922(s) of this title,'' before
``criminal prosecution on the basis''.
(e) 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(s) of
title 18, United States Code, or a similar State law)''.
(f) 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, 1994, findings and
recommendations concerning the need or appropriateness of
further action by the Federal Government.
Passed the House of Representatives November 20, 1993.
Attest:
Clerk.