Details- Sponsor - Schumer
- Proposed - February 25, 1997
- Congressional Record Link - HR810
- Amends -
- Amendments - None.
- Votes - None taken.
- Results - No change in law.
SynopsisFrom the Congressional Summary: Part 2: Targeting Serious Gun Crimes and Protecting Children from Gun Violence - Amends the Brady Handgun Violence Act to prohibit: (1) the sale or other disposition of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person has committed an act of juvenile delinquency; and (2) anyone who has committed an act of juvenile delinquency from shipping, possessing, or receiving any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. Requires the statement from the transferee to specify that such transferee has not committed an act of juvenile delinquency. Provides that State laws restoring firearms rights will continue to be recognized for Federal firearms enforcement purposes only if the restoration was done on an individualized basis, including a determination that the circumstances of the person's conviction and his or her record and reputation make it unlikely that the person will endanger public safety. (Sec. 2122) Prohibits any licensed importer, manufacturer, or dealer from selling or delivering any firearm to any person (other than a licensed importer, manufacturer, or dealer) without providing the transferee with a locking device that prevents the firearm from discharging without first being deactivated or removed by a key or lock. Authorizes the Secretary of the Treasury to suspend or revoke any firearms license, or to subject the licensee to a civil penalty of up to $10,000, for knowingly violating such provision. (Sec. 2123) Sets penalties for possessing (currently, using or carrying) a firearm during a crime of violence or drug trafficking crime. Enhances penalties for discharging or using a firearm to cause serious bodily injury. (Sec. 2124) Increases penalties for: (1) transferring a handgun or ammunition to a juvenile; and (2) firearms conspiracy. Part 3: Targeting Illicit Gun Markets - Makes specified firearms offenses predicates to a violation of RICO. (Sec. 2132) Makes it a felony for Federal licensees to violate requirements which are tantamount to aiding and abetting unlawful deliveries or purchases of firearms, such as: (1) selling firearms to persons known to be juveniles or who reside out of State; and (2) making false statements to a licensee in relation to the acquisition of a firearm and knowingly selling a firearm to a convicted felon or other prohibited category of firearm recipient. (Sec. 2133) Prohibits any licensed importer, manufacturer, or dealer from storing any firearms in its business inventory in a manner not in conformity with regulations issued by the Secretary. Directs the Secretary, in issuing such regulations, to take into consideration the type and quantity of firearms to be stored, as well as the standards of safety and security recognized in the firearms industry. Authorizes the Secretary, after notice and opportunity for hearing, to suspend or revoke any Federal firearms license (license) or to subject the licensee to a civil penalty of up to $10,000 for knowing violations of this section. Limits review of the Secretary's actions. Makes secure storage of firearms inventories a condition of such license. (Sec. 2134) Authorizes the Secretary to: (1) suspend a license or subject the licensee to a civil penalty of up to $10,000 per violation (current law makes license revocation the only option) for willful violations; and (2) compromise, mitigate, or remit the liability with respect to any such violation at any time. (Sec. 2135) Sets penalties for transferring a firearm having reasonable cause to believe that it will be used to commit a crime of violence or a drug trafficking crime. (Sec. 2136) Increases the penalty (from five to ten years) for knowingly receiving a firearm with an obliterated serial number. (Sec. 2137) Directs the United States Sentencing Commission to amend the Federal sentencing guidelines to increase the base offense level for specified offenses (prohibited receipt, possession, transportation, or transactions involving firearms or ammunition) to assume that a person who transferred a firearm or ammunition and who knew or had reasonable cause to believe that the transferee was a prohibited person is subject to the same base offense level as the transferee. (Sec. 2138) Authorizes civil and criminal forfeiture of firearms used to commit crimes of violence and felonies. Specifies that: (1) if the Government institutes an administrative forfeiture action within 120 days of a seizure, and a claim is then filed that requires that a judicial forfeiture action be filed in Federal court, the Government must file the judicial action within 120 days of the filing of the claim; and (2) the time during which any related criminal indictment or information is pending shall not be counted in calculating the 120-day period. (Sec. 2139) Provides for the civil and criminal forfeiture of any conveyance used to commit specified gun trafficking offenses involving five or more firearms, any proceeds of such offenses, and any property traceable to such property. AnalysisA
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