***FYI***S.22 To enhance domestic security and for other purposes***FYI***

http://thomas.loc.gov ^ | January 7, 2003 | DASCHLE, LEAHY, BIDEN, KENNEDY, SCHUMER, DURBIN, CLINTON, MURRAY, DAYTON, CORZINE, REED.

[ATOMIC_PUNK]

108th CONGRESS

1st Session

S. 22

To enhance domestic security and for other purposes.

IN THE SENATE OF THE UNITED STATES

January 7, 2003

Mr. DASCHLE (for himself, Mr. LEAHY, Mr. BIDEN, Mr. KENNEDY, Mr. SCHUMER, Mr. DURBIN, Mrs. CLINTON, Mrs. MURRAY, Mr. DAYTON, Mr. CORZINE, and Mr. REED) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To enhance domestic security and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

(a) SHORT TITLE- This Act may be cited as the `Justice Enhancement and Domestic Security Act of 2003'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows

PART 1--OUR LADY OF PEACE ACT

SEC. 5201. SHORT TITLE.

This part may be cited as the `Our Lady of Peace Act of 2003'.

SEC. 5202. FINDINGS.

Congress finds the following:

(1) Since 1994, more than 689,000 individuals have been denied a gun for failing a background check.

(2) States that fail to computerize their criminal and mental illness records are the primary cause of delays for background checks. Helping States automate their records will reduce delays for law-abiding gun owners.

(3) 25 States have automated less than 60 percent of their felony criminal conviction records.

(4) 33 States do not automate or share disqualifying mental health records.

(5) In 13 States, domestic violence restraining orders are not automated or accessible by the national instant criminal background check system.

(6) In 15 States, no domestic violence misdemeanor records are automated or accessible by the national instant criminal background check system.

SEC. 5203. ENHANCEMENT OF REQUIREMENT THAT FEDERAL DEPARTMENTS AND AGENCIES PROVIDE RELEVANT INFORMATION TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

(a) IN GENERAL- Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) is amended--

(1) by inserting `electronically' before `furnish'; and

(2) by adding at the end the following: `The head of each department or agency shall ascertain whether the department or agency has any records relating to any person described in subsection (g) or (n) of section 922 of title 18, United States Code and on being made aware that the department or agency has such a record, shall make the record available to the Attorney General for inclusion in the system to the extent the Attorney General deems appropriate. The head of each department or agency, on being made aware that the basis under which a record was made available under this section does not apply or no longer applies, shall transmit a certification identifying the record (and any name or other relevant identifying information) to the Attorney General for removal from the system. The Attorney General shall notify the Congress on an annual basis as to whether the Attorney General has obtained from each such department or agency the information requested by the Attorney General under this subsection.'.

(b) IMMIGRATION RECORDS- The Commissioner of the Immigration and Naturalization Service shall cooperate in providing information regarding all relevant records of persons disqualified from acquiring a firearm under Federal law, including but not limited to, illegal aliens, visitors to the United States on student visas, and visitors to the United States on tourist visas, to the Attorney General for inclusion in the national instant criminal background check system.

SEC. 5215. PRIVACY RIGHTS OF LAW ABIDING CITIZENS.

Ballistics information of individual guns in any form or database established by this part may not be used for--

(1) prosecutorial purposes unless law enforcement officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation of that crime; or

(2) the creation of a national firearms registry of gun owners.

SEC. 5242. IMPROVING FIREARMS SAFETY.

(a) SECURE GUN STORAGE DEVICE- Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

`(35) SECURE GUN STORAGE OR SAFETY DEVICE- The term `secure gun storage or safety device' means--

`(A) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device;

`(B) a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or

`(C) a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.'.

(b) CERTIFICATION REQUIRED IN APPLICATION FOR DEALER'S LICENSE- Section 923(d)(1) of title 18, United States Code, is amended--

(1) in subparagraph (E), by striking `and' at the end;

(2) in subparagraph (F), by striking the period at the end and inserting `; and'; and

(3) by adding at the end the following:

`(G) in the case of an application to be licensed as a dealer, the applicant certifies that secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees (subject to the exception that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, the dealer shall not be considered to be in violation of the requirement under this subparagraph to make available such a device).'.

(c) REVOCATION OF DEALER'S LICENSE FOR FAILURE TO HAVE SECURE GUN STORAGE OR SAFETY DEVICES AVAILABLE- The first sentence of section 923(e) of title 18, United States Code, is amended by inserting before the period at the end the following: `or fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, the dealer shall not be considered to be in violation of the requirement to make available such a device)'.

(d) STATUTORY CONSTRUCTION- Nothing in the amendments made by this section shall be construed--

(1) as creating a cause of action against any firearms dealer or any other person for any civil liability; or

(2) as establishing any standard of care.

PART 6--CLOSING THE GUN SHOW LOOPHOLE

SEC. 5251. FINDINGS.

Congress finds that--

(1) more than 4,400 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and nonlicensed firearms sellers;

(2) traditional gun shows, as well as flea markets and other organized events, at which a large number of firearms are offered for sale by Federal firearms licensees and nonlicensed firearms sellers, form a significant part of the national firearms market;

(3) firearms and ammunition that are exhibited or offered for sale or exchange at gun shows, flea markets, and other organized events move easily in and substantially affect interstate commerce;

(4) in fact, even before a firearm is exhibited or offered for sale or exchange at a gun show, flea market, or other organized event, the gun, its component parts, ammunition, and the raw materials from which it is manufactured have moved in interstate commerce;

(5) gun shows, flea markets, and other organized events at which firearms are exhibited or offered for sale or exchange, provide a convenient and centralized commercial location at which firearms may be bought and sold anonymously, often without background checks and without records that enable gun tracing;

(6) at gun shows, flea markets, and other organized events at which guns are exhibited or offered for sale or exchange, criminals and other prohibited persons obtain guns without background checks and frequently use guns that cannot be traced to later commit crimes;

(7) many persons who buy and sell firearms at gun shows, flea markets, and other organized events cross State lines to attend these events and engage in the interstate transportation of firearms obtained at these events;

(8) gun violence is a pervasive, national problem that is exacerbated by the availability of guns at gun shows, flea markets, and other organized events;

(9) firearms associated with gun shows have been transferred illegally to residents of another State by Federal firearms licensees and nonlicensed firearms sellers, and have been involved in subsequent crimes including drug offenses, crimes of violence, property crimes, and illegal possession of firearms by felons and other prohibited persons; and

(10) Congress has the power, under the interstate commerce clause and other provisions of the Constitution of the United States, to ensure, by enactment of this part, that criminals and other prohibited persons do not obtain firearms at gun shows, flea markets, and other organized events.

SEC. 5252. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS.

(a) DEFINITIONS- Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

`(35) GUN SHOW- The term `gun show' means any event--

`(A) at which 50 or more firearms are offered or exhibited for sale, transfer, or exchange, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; and

`(B) at which--

`(i) not less than 20 percent of the exhibitors are firearm exhibitors;

`(ii) there are not less than 10 firearm exhibitors; or

`(iii) 50 or more firearms are offered for sale, transfer, or exchange.

`(36) GUN SHOW PROMOTER- The term `gun show promoter' means any person who organizes, plans, promotes, or operates a gun show.

`(37) GUN SHOW VENDOR- The term `gun show vendor' means any person who exhibits, sells, offers for sale, transfers, or exchanges 1 or more firearms at a gun show, regardless of whether or not the person arranges with the gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange 1 or more firearms.'

(b) REGULATION OF FIREARMS TRANSFERS AT GUN SHOWS-

(1) IN GENERAL- Chapter 44 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 931. Regulation of firearms transfers at gun shows

`(a) REGISTRATION OF GUN SHOW PROMOTERS- It shall be unlawful for any person to organize, plan, promote, or operate a gun show unless that person--

`(1) registers with the Secretary in accordance with regulations promulgated by the Secretary; and

`(2) pays a registration fee, in an amount determined by the Secretary.

`(b) RESPONSIBILITIES OF GUN SHOW PROMOTERS- It shall be unlawful for any person to organize, plan, promote, or operate a gun show unless that person--

`(1) before commencement of the gun show, verifies the identity of each gun show vendor participating in the gun show by examining a valid identification document (as defined in section 1028(d)(1)) of the vendor containing a photograph of the vendor;

`(2) before commencement of the gun show, requires each gun show vendor to sign--

`(A) a ledger with identifying information concerning the vendor; and

`(B) a notice advising the vendor of the obligations of the vendor under this chapter; and

`(3) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Secretary shall prescribe; and

`(4) maintains a copy of the records described in paragraphs (1) and (2) at the permanent place of business of the gun show promoter for such period of time and in such form as the Secretary shall require by regulation.

`(c) RESPONSIBILITIES OF TRANSFERORS OTHER THAN LICENSEES-

`(1) IN GENERAL- If any part of a firearm transaction takes place at a gun show, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, or licensed dealer in accordance with subsection (e).

`(2) CRIMINAL BACKGROUND CHECKS- A person who is subject to the requirement of paragraph (1)--

`(A) shall not transfer the firearm to the transferee until the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(A); and

`(B) notwithstanding subparagraph (A), shall not transfer the firearm to the transferee if the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B).

`(3) ABSENCE OF RECORDKEEPING REQUIREMENTS- Nothing in this section shall permit or authorize the Secretary to impose recordkeeping requirements on any nonlicensed vendor.

`(d) RESPONSIBILITIES OF TRANSFEREES OTHER THAN LICENSEES-

`(1) IN GENERAL- If any part of a firearm transaction takes place at a gun show, it shall be unlawful for any person who is not licensed under this chapter to receive a firearm from another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, or licensed dealer in accordance with subsection (e).

`(2) CRIMINAL BACKGROUND CHECKS- A person who is subject to the requirement of paragraph (1)--

`(A) shall not receive the firearm from the transferor until the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(A); and

`(B) notwithstanding subparagraph (A), shall not receive the firearm from the transferor if the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B).

`(e) RESPONSIBILITIES OF LICENSEES- A licensed importer, licensed manufacturer, or licensed dealer who agrees to assist a person who is not licensed under this chapter in carrying out the responsibilities of that person under subsection (c) or (d) with respect to the transfer of a firearm shall--

`(1) enter such information about the firearm as the Secretary may require by regulation into a separate bound record;

`(2) record the transfer on a form specified by the Secretary;

`(3) comply with section 922(t) as if transferring the firearm from the inventory of the licensed importer, licensed manufacturer, or licensed dealer to the designated transferee (although a licensed importer, licensed manufacturer, or licensed dealer complying with this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the nonlicensed transferor), and notify the nonlicensed transferor and the nonlicensed transferee--

`(A) of such compliance; and

`(B) if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed importer, licensed manufacturer, or licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or would violate State law;

`(4) not later than 10 days after the date on which the transfer occurs, submit to the Secretary a report of the transfer, which report--

`(A) shall be on a form specified by the Secretary by regulation; and

`(B) shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter;

`(5) if the licensed importer, licensed manufacturer, or licensed dealer assists a person other than a licensee in transferring, at 1 time or during any 5 consecutive business days, 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same nonlicensed person, in addition to the reports required under paragraph (4), prepare a report of the multiple transfers, which report shall be--

`(A) prepared on a form specified by the Secretary; and

`(B) not later than the close of business on the date on which the transfer occurs, forwarded to--

`(i) the office specified on the form described in subparagraph (A); and

`(ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and

`(6) retain a record of the transfer as part of the permanent business records of the licensed importer, licensed manufacturer, or licensed dealer.

`(f) RECORDS OF LICENSEE TRANSFERS- If any part of a firearm transaction takes place at a gun show, each licensed importer, licensed manufacturer, and licensed dealer who transfers 1 or more firearms to a person who is not licensed under this chapter shall, not later than 10 days after the date on which the transfer occurs, submit to the Secretary a report of the transfer, which report--

`(1) shall be in a form specified by the Secretary by regulation;

`(2) shall not include the name of or other identifying information relating to the transferee; and

`(3) shall not duplicate information provided in any report required under subsection (e)(4).

`(g) FIREARM TRANSACTION DEFINED- In this section, the term `firearm transaction'--

`(1) includes the offer for sale, sale, transfer, or exchange of a firearm; and

`(2) does not include the mere exhibition of a firearm.'.

(2) PENALTIES- Section 924(a) of title 18, United States Code, is amended by adding at the end the following:

`(7)(A) Whoever knowingly violates section 931(a) shall be fined under this title, imprisoned not more than 5 years, or both.

`(B) Whoever knowingly violates subsection (b) or (c) of section 931, shall be--

`(i) fined under this title, imprisoned not more than 2 years, or both; and

`(ii) in the case of a second or subsequent conviction, such person shall be fined under this title, imprisoned not more than 5 years, or both.

`(C) Whoever willfully violates section 931(d), shall be--

`(i) fined under this title, imprisoned not more than 2 years, or both; and

`(ii) in the case of a second or subsequent conviction, such person shall be fined under this title, imprisoned not more than 5 years, or both.

`(D) Whoever knowingly violates subsection (e) or (f) of section 931 shall be fined under this title, imprisoned not more than 5 years, or both.

`(E) In addition to any other penalties imposed under this paragraph, the Secretary may, with respect to any person who knowingly violates any provision of section 931--

`(i) if the person is registered pursuant to section 931(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 931(a); and

`(ii) impose a civil fine in an amount equal to not more than $10,000.'.

(3) TECHNICAL AND CONFORMING AMENDMENTS- Chapter 44 of title 18, United States Code, is amended--

(A) in the chapter analysis, by adding at the end the following:

`931. Regulation of firearms transfers at gun shows.';

and

(B) in the first sentence of section 923(j), by striking `a gun show or event' and inserting `an event'; and

(c) INSPECTION AUTHORITY- Section 923(g)(1) is amended by adding at the end the following:

`(E) Notwithstanding subparagraph (B), the Secretary may enter during business hours the place of business of any gun show promoter and any place where a gun show is held for the purposes of examining the records required by sections 923 and 931 and the inventory of licensees conducting business at the gun show. Such entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show promoters and licensees conducting business at the gun show and shall not require a showing of reasonable cause or a warrant.'.

(d) INCREASED PENALTIES FOR SERIOUS RECORDKEEPING VIOLATIONS BY LICENSEES- Section 924(a)(3) of title 18, United States Code, is amended to read as follows:

`(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer,

or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m) shall be fined under this title, imprisoned not more than 1 year, or both.

`(B) If the violation described in subparagraph (A) is in relation to an offense--

`(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or

`(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.'.

(e) INCREASED PENALTIES FOR VIOLATIONS OF CRIMINAL BACKGROUND CHECK REQUIREMENTS-

(1) PENALTIES- Section 924 of title 18, United States Code, is amended--

(A) in paragraph (5), by striking `subsection (s) or (t) of section 922' and inserting `section 922(s)'; and

(B) by adding at the end the following:

`(8) Whoever knowingly violates section 922(t) shall be fined under this title, imprisoned not more than 5 years, or both.'.

(2) ELIMINATION OF CERTAIN ELEMENTS OF OFFENSE- Section 922(t)(5) of title 18, United States Code, is amended by striking `and, at the time' and all that follows through `State law'.

(f) GUN OWNER PRIVACY AND PREVENTION OF FRAUD AND ABUSE OF SYSTEM INFORMATION- Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting before the period at the end the following: `, as soon as possible, consistent with the responsibility of the Attorney General under section 103(h) of the Brady Handgun Violence Prevention Act to ensure the privacy and security of the system and to prevent system fraud and abuse, but in no event later than 90 days after the date on which the licensee first contacts the system with respect to the transfer'.

(g) EFFECTIVE DATE- This part and the amendments made by this part shall take effect 180 days after the date of enactment of this Act.

[ATOMIC_PUNK]

.

[Jay D. Dyson]

RKBA Ping

[BlackbirdSST]

Look's like they want to take the glove's off. Blackbird.

[BlackbirdSST]

Get a look at this one! Blackbird.

[Constitution Day]

to read later...

[ATOMIC_PUNK]

I gotta give credit to the NRA for the heads up on this one !

Seems to me like the 2nd amendment is being pushed out of existance!

[jmc813]

For everybody who is cheering legislation such as the PATRIOT Act, take a good, close look at this. This is merely a preview of what is to come if the Dems get control with these expanded powers.

[My dog Sam]

Look's like it's time to -

GET A ROPE!!!!

[CyberAnt]

"DASCHLE, LEAHY, BIDEN, KENNEDY, SCHUMER, DURBIN, CLINTON, MURRAY, DAYTON, CORZINE, REED"

Any document with the above names attached to it is a piece of garbage and should be thrown in the nearest garbage bin!!

[dcwusmc]

Sick, ugly and despicable, like its authors.....

[MeekOneGOP]

This must be the bill that the NRA called me on yesterday ? They said it was
being introduced by hillary clintoon and chuckie schumer.

They were looking for new folks to join the NRA so they could fight this bill.

[Joe Brower]

As always, the usual suspects.

[Jay D. Dyson]

Ever notice how adept the Left is at doublespeak? When they're seeking to leave us all as disarmed victims-in-waiting, they call it "To enhance domestic security and for other purposes."

Umm...near as I can tell, the only "security" they're "enhancing" is THEIR OWN.

As I've long been fond of saying, "Beware any politician who fears an armed citizenry. They have their reasons."

This just illustrates the point.

-Jay

[Shooter 2.5]

I hope you joined or are a member of some gun group. We need as many as we can to fight the gun grabbers.

basil sent a membership packet to me a couple of days ago for the Second Amendment Sisters. She's one of the founding mothers of the organization.

[spodefly]

More "Common Sense Gun Control for the Children", now wrapped up in the vernacular of National Security. Still the same BS. They never stop and they never will stop until we make the price too high for even proposing such a catch-all garbage bag as this piece of Legi-crap.

[dansangel]

***BS*** alert!

[af_vet_rr]

For everybody who is cheering legislation such as the PATRIOT Act, take a good, close look at this. This is merely a preview of what is to come if the Dems get control with these expanded powers.

Couldn't have said it better, I've been wondering when the democrats would really target firearms after 9/11, and this appears to be it. This could be one of the most important fights we face in the next few years. We lose this one, things will get much much worse. We can't let them gain any traction.

[Blood of Tyrants]

Thanks, but there has been no action on this bill since it was introduced and immediately sent to the Senate Judiciary committee. A much more urgent matter is how Bush has dragged his feet in implementing a program to arm the pilots.

[facedown]

(1) Since 1994, more than 689,000 individuals have been denied a gun for failing a background check.

As far as it's worth wading into this manure pile.