Details- Sponsor - Schumer
- Proposed - January 28, 1997
- Congressional Record Link - HR492
- Amends - Title 18, United States Code
- Amendments - None.
- Votes - None taken.
- Results - No change in law.
SynopsisAccording to the Congressional Record: American Handgun Standards Act of 1997 - Amends the Federal criminal code to prohibit the manufacture, transfer, or possession of a junk gun that has been shipped or transported in interstate or foreign commerce. Defines a "junk gun" as any handgun that does not meet specified criteria for authorization by the Secretary of the Treasury for importation into the United States. Makes such provision inapplicable to: (1) the possession or transfer of any junk gun otherwise lawfully possessed under Federal law on the date of this Act's enactment; (2) any firearm or replica of a firearm that has been rendered permanently inoperative; (3) the manufacture for, transfer to, or possession by the United States, a State, or a political subdivision of a State of a junk gun, or a transfer to or possession by a law enforcement officer employed by such an entity for law enforcement purposes (whether on or off duty); (4) the transfer to or possession by a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a junk gun for such purposes; or (5) the manufacture, transfer, or possession of a junk gun by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary. AnalysisThe concept of 'junk guns' was popular in the 1960s during the discussion of GCA 68. It seems to have reared its ugly head again. First, the marketplace should determine what gets manufactured. The government should not be in the business of determining qualities for any Constitutionally protected product. Whether it be the First Amendment and the quality of writing or the Second Amendment and the quality of firearms, the government has no business regulating product. Second, you risk making firearms so expensive that people with fewer financial means may be priced out of the market. Are those law abiding citizens less deserving of the tools of self defense? Ultimately, what is going to prevent the manufacturing standards change over time to outlaw the production of all new firearms?
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