[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 256 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 256
To prevent children's access to firearms.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 2007
Ms. Jackson-Lee of Texas introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prevent children's access to firearms.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Gun Safety and Gun Access
Prevention Act of 2007''.
SEC. 2. INCREASING YOUTH GUN SAFETY BY RAISING THE AGE OF HANDGUN
ELIGIBILITY AND PROHIBITING YOUTH FROM POSSESSING
SEMIAUTOMATIC ASSAULT WEAPONS.
Section 922(x) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``juvenile'' and inserting ``person
who is less than 21 years of age'';
(B) by striking ``or'' at the end of subparagraph
(A);
(C) by striking the period at the end of
subparagraph (B) and inserting a semicolon; and
(D) by adding at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.'';
(2) in paragraph (2)--
(A) by striking ``a juvenile'' and inserting ``less
than 21 years of age'';
(B) by striking ``or'' at the end of subparagraph
(A);
(C) by striking the period at the end of
subparagraph (B) and inserting a semicolon; and
(D) by inserting at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding
device.'';
(3) in paragraph (3)(A), by inserting ``temporary'' before
``possession'';
(4) in paragraph (3)(B), by striking ``juvenile'' and
inserting ``person who is less than 21 years of age'';
(5) in paragraph (3)(C), by striking ``juvenile; or'' and
inserting ``person who is less than 21 years of age;'';
(6) by striking subparagraph (D) of paragraph (3) and
inserting the following:
``(D) the possession of a handgun or ammunition by a person
who is less than 21 years of age taken in defense of that
person or other persons against an intruder into the residence
of that person or a residence in which that person is an
invited guest; or'';
(7) by adding at the end of paragraph (3) the following:
``(E) a temporary transfer of a handgun or ammunition to a
person who is at least 18 years of age and less than 21 years
of age, or the temporary use or possession of a handgun or
ammunition by a person who is at least 18 years of age and less
than 21 years of age, if the handgun and ammunition are
possessed and used by the person--
``(i) in the course of employment, in the course of
ranching or farming related to activities at the
residence of the person (or on property used for
ranching or farming at which the person, 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;
and
``(ii) in accordance with State and local law.'';
and
(8) in paragraph (4), by striking ``juvenile'' each place
it appears and inserting ``person who is less than 21 years of
age''.
SEC. 3. ENHANCED PENALTY FOR YOUTH POSSESSION OF HANDGUNS AND
SEMIAUTOMATIC ASSAULT WEAPONS AND FOR THE TRANSFER OF
SUCH WEAPONS TO YOUTH.
Section 924(a)(6) of title 18, United States Code, is amended to
read as follows:
``(6)(A) A juvenile who violates section 922(x) shall be fined
under this title, imprisoned not more than one year, or both, and for a
second or subsequent violation, or for a first violation committed
after an adjudication of delinquency or after a State or Federal
conviction for an act that, if committed by an adult, would be a
serious violent felony (as defined in section 3559(c) of this title),
shall be fined under this title, imprisoned not more than 5 years, or
both.
``(B) A person other than a juvenile who knowingly violates section
922(x)--
``(i) shall be fined under this title, imprisoned not more
than five years, or both; and
``(ii) if the person sold, delivered, or otherwise
transferred a handgun, ammunition, semiautomatic assault
weapon, or large capacity ammunition feeding device to a person
who is less than 21 years of age knowing or having reasonable
cause to know that such person intended to carry or otherwise
possess or discharge or otherwise use the handgun, ammunition,
semiautomatic assault weapon, or large capacity ammunition
feeding device in the commission of a crime of violence, shall
be fined under this title, imprisoned for not more than 10
years, or both.''.
SEC. 4. GUN STORAGE AND SAFETY DEVICES FOR ALL FIREARMS.
(a) Secure Gun Storage or Safety Devices by Federal Firearms
Licensees.--Section 922(z) of title 18, United States Code, is amended
to read as follows:
``(z) It shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, transfer, or deliver any
firearm to any person (other than a licensed importer, licensed
manufacturer, or licensed dealer) unless the transferee is provided
with a secure gun storage or safety device.''.
(b) Penalties.--Section 924(p) of such title is amended to read as
follows:
``(p) The Attorney General may, after notice and opportunity for
hearing, suspend or revoke any license issued under this chapter or may
subject the licensee to a civil penalty of not more than $10,000 if the
holder of such license has knowingly violated section 922(z). The
actions of the Attorney General under this subsection may be reviewed
only as provided in section 923(f).''.
(c) Effective Date.--The amendments made by this section shall be
effective 180 days after the date of the enactment of this Act.
SEC. 5. RESPONSIBILITY OF ADULTS FOR DEATH AND INJURY CAUSED BY CHILD
ACCESS TO FIREARMS.
Section 922 of title 18, United States Code, is amended by adding
at the end the following:
``(aa)(1) In this subsection, the term `child' means an individual
who has not attained the age of 18 years.
``(2) Except as provided in paragraph (3), any person who--
``(A) keeps a loaded firearm, or an unloaded firearm and
ammunition for the firearm, any one of which has been shipped
or transported in interstate or foreign commerce, within any
premises that is under the custody or control of that person;
and
``(B) knows, or recklessly disregards the risk, that a
child is capable of gaining access to the firearm; and
``(C)(i) knows, or recklessly disregards the risk, that a
child will use the firearm to cause death or serious bodily
injury (as defined in section 1365 of this title) to the child
or any other person; or
``(ii) knows, or recklessly disregards the risk, that
possession of the firearm by the child is unlawful under
Federal or State law,
if the child uses the firearm to cause death or serious bodily injury
to the child or any other person, shall be imprisoned not more than 3
years, fined under this title, or both.
``(3) Paragraph (2) shall not apply if--
``(A) at the time the child obtained access, the firearm
was secured with a secure gun storage or safety device;
``(B) the person is a peace officer, a member of the Armed
Forces, or a member of the National Guard, and the child
obtains the firearm during, or incidental to, the performance
of the official duties of the person in that capacity;
``(C) the child uses the firearm in a lawful act of self-
defense or defense of 1 or more other persons; or
``(D) the person has no reasonable expectation, based on
objective facts and circumstances, that a child is likely to be
present on the premises on which the firearm is kept.''.
SEC. 6. REQUIREMENT THAT CHILD BE ACCOMPANIED BY AN ADULT DURING A GUN
SHOW.
(a) Prohibitions.--Section 922 of title 18, United States Code, is
further amended by adding at the end the following:
``(bb)(1) The parent or legal guardian of a child shall ensure
that, while the child is attending a gun show, the child is accompanied
by an adult.
``(2) It shall be unlawful for a person to conduct a gun show to
which there is admitted a child who is not accompanied by an adult.
``(3) In this subsection:
``(A) The term `child' means an individual who has not
attained 18 years of age.
``(B) The term `adult' means an individual who has attained
18 years of age.''.
(b) Penalties.--Section 924(a) of such title is amended by adding
at the end the following:
``(8) Whoever violates section 922(bb) in a State shall be punished
in accordance with the laws of the State that apply to persons
convicted of child abandonment.''.
SEC. 7. GRANTS FOR GUN SAFETY EDUCATION PROGRAMS.
(a) Program Authority.--The Attorney General is authorized to
provide grants to units of local government to enable law enforcement
agencies to develop and sponsor gun safety classes for parents and
their children.
(b) Application.--
(1) In general.--Any unit of local government that desires
to receive a grant award under this section shall submit an
application to the Attorney General at such time, in such
manner and containing such information as the Attorney General
may reasonably require.
(2) Contents.--Each application referred to in paragraph
(1) shall include an assurance that--
(A) funds received under this section shall be used
only to provide funds to law enforcement agencies to
provide gun safety classes; and
(B) gun safety classes will be offered at times
convenient to parents, including evenings and weekends.
(c) Regulations.--The Attorney General shall issue any regulations
necessary to carry out this section.
SEC. 8. EDUCATION: NATIONWIDE FIREARMS SAFETY PROGRAMS.
It is the sense of Congress that--
(1) each school district should provide or participate in a
firearms safety program for students in grades kindergarten
through 12 and should consult with a certified firearms
instructor before establishing the curriculum for the program;
and
(2) participation by students in a firearms safety program
should not be mandatory if the district receives written notice
from a parent of the student to exempt the student from the
program.
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