S.1878 - Gun Violence Prevention Act of 1994103rd Congress (1993-1994)
|Sponsor:||Sen. Metzenbaum, Howard M. [D-OH] (Introduced 02/28/1994)|
|Committees:||Senate - Finance|
|Latest Action:||Senate - 02/28/1994 Read twice and referred to the Committee on Finance. (All Actions)|
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Summary: S.1878 — 103rd Congress (1993-1994)All Information (Except Text)
Introduced in Senate (02/28/1994)
TABLE OF CONTENTS:
Title I: Handgun Licensing and Registration
Title II: Restrictions on Firearm Possession
Title III: Restrictions on Gun Sellers
Title IV: Prohibited Weapons
Title V: Gun Exchange Tax Incentives
Gun Violence Prevention Act of 1994 - Title I: Handgun Licensing and Registration - Amends the Federal criminal code to prohibit the sale, delivery, or other transfer of a handgun to an individual not licensed to import, manufacture, or deal in firearms or ammunition, unless: (1) the transferor has verified that the transferee possess a valid State handgun license by examining the license and a valid photograph identification and by contacting the chief law enforcement officer of the State that issued the license; (2) the transferor has provided to the chief officer of the State in which the transfer is to take place a State handgun registration form; and (3) seven days have elapsed since the transferor contacted the chief officer of the State that issued the license or the transferee has presented to the transferor a written statement issued within the previous ten days by the chief officer of the State in which the transferee resides stating that the transferee requires access to a handgun because of a threat to the life of the transferee or any member of the transferee's household.
Prohibits: (1) the transfer of handgun ammunition to an individual who is not a licensed dealer unless the transferor has verified that the transferee possesses a valid State handgun license by examining the license and a valid photograph identification; and (2) any such individual from receiving transfer of a handguns or handgun ammunition unless the individual possesses a valid State handgun license.
Sets forth requirements regarding: (1) State handgun licenses; (2) State handgun registration forms; and (3) State handgun safety certificates (issued after the applicant has completed a course and passed an examination in handgun safety). Sets penalties for violations.
Directs the Attorney General, subject to the availability of appropriations, to make a grant to each State for the initial startup costs associated with establishing a system of licensing and registration. Authorizes appropriations.
Title II: Restrictions on Firearm Possession - Prohibits: (1) the transfer of a firearm to, or possession of a firearm by, a person convicted of a violent crime or subject to a protection order; and (2) the transfer of a handgun (or handgun ammunition) to an individual under age 21 or of a firearm other than a handgun (or ammunition) to an individual under age 16, and the possession of such weapon (or ammunition) by such individuals, respectively, with exceptions. Sets penalties for violations.
(Sec. 203) Prohibits the storage or leaving of a loaded firearm, or an unloaded firearm and ammunition, at any place to which a juvenile is likely to gain access at a time when the juvenile is not under the personal supervision of an adult who is not prohibited by Federal, State, or local law from possessing the firearm. Requires each licensed dealer to post conspicuously at each of the dealer's places of business a warning that it is a Federal crime to store or leave a loaded firearm, or an unloaded firearm and its ammunition, where an unsupervised juvenile can gain access. Sets penalties for violations.
(Sec. 204) Prohibits a person from possessing more than 20 firearms or more than 1,000 rounds of ammunition unless the person is a licensed dealer or has been issued an arsenal license. Direct the Secretary of the Treasury to issue such a license if specified conditions are met, including the payment of a $300 fee for a three-year license period. Subjects the holder of such a license to all requirements pertaining to licensed dealers. Sets penalties for violations.
(Sec. 205) Repeals provisions authorizing persons prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply to the Secretary for restoration of firearm privileges under certain circumstances.
Specifies that a conviction shall not be considered a conviction for purposes of Federal firearms provisions if: (1) it has been expunged or set aside or a named person has been pardoned or has had civil rights restored; and (2) the authority that grants such action expressly authorizes the person to ship, transport, receive and possess firearms and expressly determines that the person is not likely to act in a manner that is dangerous to public safety and that the granting of the relief is not contrary to the public interest. Makes this provision inapplicable to a conviction of a serious drug offense or violent felony.
Title III: Restrictions on Gun Sellers - Prohibits (with exceptions): (1) transferring or receiving a transfer of more than one handgun during any 30-day period; or (2) transferring a handgun to another person who has received transfer of another handgun during the previous 30-day period. Sets penalties for violations.
(Sec. 302) Makes compliance with State and local law a condition of licensure as a dealer.
(Sec. 303) Increases: (1) license application fees; and (2) the length of time before which the Secretary must approve or deny an application.
(Sec. 305) Authorizes the Secretary, for ensuring compliance with recordkeeping requirements, to inspect a firearms licensee's inventory and records three times during any 12-month period or at any time with respect to records relating to a firearm involved in a criminal investigation (currently, once during any 12-month period).
(Sec. 306) Requires an applicant, for approval as a licensed dealer, to certify that the business is covered by an insurance policy providing personal injury protection to any person injured while engaged in lawful activity by a handgun obtained through the negligence of the applicant, to a limit of $100,000 for loss sustained by any such person as a result of bodily injury or death.
(Sec, 307) Establishes licensing and recordkeeping requirements for ammunition dealers.
(Sec. 308) Prohibits a licensed dealer from employing any person in a position in which the person would have unsupervised access to firearms or ammunition, unless: (1) in the case of access to handguns or handgun ammunition, the person has a valid State handgun license; and (2) in the case of access to firearms other than handguns or ammunition other than handgun ammunition, the person is at least age 18, the licensee has contacted the national system designated by the Attorney General pursuant to the Brady Handgun Violence Prevention Act and the system has notified the licensee that the possession of a firearm by the person would not violate Federal, State, or local law, and the licensee has verified the identity of the person by examining a valid photograph identification. Sets penalties for violations.
(Sec. 309) Prohibits a licensed dealer from selling, delivering, or otherwise transferring a firearm from any motorized or towed vehicle or at a location other than that specified on the license.
(Sec. 310) Requires each licensee to: (1) respond immediately to a request by the Secretary for information contained in required records relevant to a criminal investigation; and (2) report the theft or loss of a firearm from inventory within 24 hours after discovery to the Secretary, the chief officer, and appropriate local authorities.
(Sec. 312) Expands the definition of a "firearm" to include its component parts.
(Sec. 313) Prohibits any common or contract carrier from delivering in interstate or foreign commerce a firearm or ammunition without examining the Federal firearms or ammunition license of the recipient and obtaining written acknowledgement of receipt.
(Sec. 314) Makes any person who transfers any firearm or ammunition in violation of Federal law liable for all damages proximately caused by such transfer. Permits an action to be brought in a U.S. district court by, or on behalf of, any person who suffers bodily injury or death as a result of the discharge of a firearm or ammunition transferred in violation of Federal law, with exceptions. Sets forth provisions regarding the award of costs and punitive damages.
Title IV: Prohibited Weapons - Prohibits the manufacture, transfer, or possession of "prohibited weapons," defined as firearm mufflers or silencers, short-barreled shotguns and rifles, destructive devices, semiautomatic assault weapons, Saturday-night-special handguns, nonsporting ammunition, and large-capacity ammunition feeding devices.
Defines "semiautomatic assault weapon," "Saturday-night-special handgun," and "large-capacity ammunition feeding device." Categorizes various brands of weapons.
Amends the Internal Revenue Code to include a prohibited weapon within the definition of "firearm."
Requires the serial number of any prohibited weapon manufactured after the date of enactment to clearly show the date on which the weapon was manufactured.
Sets penalties for violations. Subjects persons using or possessing a semiautomatic assault weapon during a crime of violence or drug trafficking crime to the same enhanced penalty as for such use or possession of a short-barreled shotgun.
(Sec. 402) Prohibits (with exceptions) the manufacture or import of a firearm that does not incorporate a device that: (1) prevents a child of less than age seven from discharging the firearm; (2) prevents a firearm that has a removable magazine from discharging when the magazine has been removed; and (3) in the case of a handgun other than a revolver, clearly indicates whether the magazine or chamber contains a round of ammunition. Sets penalties for violations.
(Sec. 403) Increases the tax on handguns and handguns ammunition. Establishes in the Treasury a Health Care Trust Fund and appropriates to it amounts equivalent to such taxes. Makes Trust Fund sums available only for grants to assist hospitals, trauma centers, or other health care providers that have incurred substantial uncompensated costs in providing medical care to gunshot victims, subject to specified limitations. Makes such a provider eligible to apply for such a grant for any calendar year if it is in compliance with Federal and State certification and licensing requirements, is a non-profit entity, and has incurred substantial uncompensated costs during the previous calendar year in providing medical care to gunshot victims.
Title V: Gun Exchange Tax Incentives - Establishes special tax rules for gun exchange programs contributions.
(Sec. 502) Directs the Attorney General to: (1) develop a written model program for business-sponsored gun exchange programs; and (2) make such model available to States, local governments, and businesses.