N.B.: Analyses apply to bills as introduced. Many bills are amended during the legislative process, sometimes beyond recognition. For example, the juvenile crime bill S. 254 is currently the major Senate gun control vehicle.

For bill texts, other bills, and actions you can take see the GOA Legislative Action Center.

House Bills

H.R. 59 (Barr): This bill would amend the Lautenberg amendment to make a person a "prohibited person" only for "domestic misdemeanors" committed after September 28, 1996.

H.R. 85 (Blagojevich): This bill would take current prohibitions on transferring a handgun to persons under 18 years of age and would raise the age to 21.

H.R. 87 (Blagojevich): This bill would (1) ban interstate transportation of ammunition by anyone except a licensed dealer; and (2) require a report on the disposition of 1,000 or more rounds of ammunition.

H.R. 109 (Blagojevich and 27 others): This bill would prohibit any "gun show" unless it was sponsored by an organization which:

was an organization "devoted to the collection, competitive use, or other sporting use of firearms" or to sponsoring gun shows for those purposes;

possesses a license (issued by BATF and valid for 3 years) to hold the gun show; and

notifies BATF and the police of any gun show at least 30 days prior to the show.

BATF is allowed to set whatever fee and require whatever information it deems necessary in connection with the gun show license application, but fingerprints are specifically required. If BATF has not acted on an application within 60 days of receipt, the only remedy available to an applicant is to hire a lawyer and sue. Before a non-licensee can transfer a firearm at a gun show, he must provide the gun show sponsor information concerning the transferee and the gun, which must be forwarded to BATF within 30 days of the end of the show. Penalties for violation range up to five years in prison.

H.R. 218 (Cunningham): This bill would allow current and retired "qualified law enforcement officers" with identification to carry concealed firearms in other states, subject to those states' restrictions on carrying concealed firearms.

H.R. 220 (Paul): This bill would prohibit the use of the social security number for purposes other than the implementation of the social security act, and would repeal all federal statutes to the contrary. This would apply to both the mandatory and voluntary submission of the social security number.

In addition, the bill would prohibit the use of any identifying number by more than one federal agency, thereby prohibiting the development of any number or code to replace the social security number as a uniform federal identifier.

The implications for the Brady Act would be clear: While the FBI is requesting the "voluntary" submission of the social security number in connection with the Instantcheck system, it is clear that, by delaying many firearms purchases for up to six calendar days because of inadequate information and similarity of names, it is punishing those people who refuse or otherwise fail to submit their social security numbers. Furthermore, it appears the FBI intends to make the submission of social security numbers mandatory sometime in the near distant future. All of this would be prohibited by the Paul bill.

H.R. 238 (Rogan): This bill would, among other things, increase penalties for offenses involving illegal aliens if committed while armed.

H.R. 315 (Wexler): This bill is a national one-handgun-a- month restriction. It would also increase the penalty for knowingly making a false statement in connection with a firearm from one to five years. Finally, it extends from 20 days to 35 days the period of time which a state official may retain information concerning a legal firearms purchaser before destroying it.

H.R. 347 (Bartlett): This is the "Citizens' Self-Defense Act," which would reaffirm that a person has the right to use a firearm in defense of himself, his family, and his home.

H.R. 357 (Conyers and 88 others): This monstrosity, masquerading as the "Violence Against Women Act," would complete the task of putting the government fully in control of the family, particularly in areas of corporal punishment, the "emotional" relationship between parents and their children, and the status of seniors who are resisting the efforts of government bureaucrats to involuntarily institutionalize them.

With respect to guns, the bill has both explicit and implicit problems:

Explicitly, H.R. 357 would make a person who "is intoxicated" a "prohibited person." Because a "prohibited person" is barred by law from owning a gun, this would mean that any gun owner who became intoxicated would automatically become a felon, subject to a long term of imprisonment. Because of recent trends toward defining intoxication broadly, perhaps as few as three or four glasses of beer for a woman with a small frame, the ramifications for criminalizing a large percentage of gun owners are striking.

The bill's implicit problems are perhaps even worse. The bill would create large new federal bureaucracies to encourage neighbors, nurses, and care providers for senior citizens to report to the government on the seniors and their families if there was a firearm in the home. All of this is cloaked under the innocuous term "neglect of senior citizens." Unfortunately, "neglect" occurs whenever there is any "safety issue" in the home of a senior citizen. Government regulations currently require all "safety issues" to be reported to government inspectors (social workers) for investigation. And the presence of a gun in the home of a senior citizen-- particularly a loaded gun kept for self-defense-- is almost universally regarded as a "safety issue."

Hence, in Manchester, New Hampshire, for example, a home health aide reported the presence of a firearm in the home of a senior citizen. Shortly, Manchester police arrived to seize the firearm. There is strong evidence that this is far from an isolated incident.

H.R. 407 (Paul): This is the Vermont-friendly concealed carry reciprocity bill. This bill does not establish a "National Standard" for carrying concealed firearms-- as does the other reciprocity bill (H.R. 492) introduced by Rep. Stearns. Such a notion could, down the line, lead to the federal government's dictating to the states how they should treat concealed carry for their own citizens. H.R. 407 simply protects the Second Amendment right of Americans to "bear arms." Also, unlike the Stearns bill, this bill DOES NOT require one to have a carry permit to enjoy reciprocity in another state! Rep. Paul's bill is "Vermont-style friendly" so that a citizen from any state which recognizes the RIGHT of citizens to carry-- without permits, fingerprints, taxes, fees, etc.-- can travel to another state and enjoy that same right of self-defense.

H.R. 492 (Stearns): This is a concealed carry reciprocity bill, but, unlike H.R. 407, it would not benefit states, such as Vermont, which allow concealed carry without a carry license.

H.R. 515 (Carson): This bill would allow BATF to promulgate whatever regulations it deems necessary to "reduce or prevent unreasonable risk of injury to children from the unintentional discharge of handguns." At a minimum, BATF will set standards for and mandate some sort of locking device, conducting inspections and issuing recalls in any case where a dealer or manufacturer has failed to comply with BATF regs. Warning labels would be required on handguns, and nothing in this bill would prevent the existence of the warning label from giving rise to lawsuits against firearms dealers or manufacturers. Licensed manufacturers and dealers would have a legal obligation to report injury statistics which could be used to sue them, and a private cause of action is explicitly created, in addition to $10,000 (per violation) civil penalties, plus up to two years in prison. Compliance with the act would be no defense to suit.

H.R. 724 (Kennedy): This bill authorizes $15,000,000 for grants to state and local governments to conduct gun buy-back programs. Preference is explicitly given to programs that destroy all firearms which are purchased.

H.R. 735 (Ney): This bill would create a 10-15 year prison sentence for any person taking a firearm from a policeman.

H.R. 831 (Dunn): This bill would amend the Incentive Grants and Local Delinquency Prevention Programs Act to explicitly allow funds to be used for "court supervised initiatives that address the illegal possession of firearms by juveniles." The bill also attempts to force states to adopt a policy requiring the detention of any juvenile found to have illegally possessed a firearm on school property, if a juvenile officer finds that the child may be a danger to himself or his community.

H.R. 902 (Blagojevich et al.): This bill would prohibit any "gun show" unless it was sponsored by a person who:

registers with BATF in accordance with any regulations BATF chooses to impose;

notifies BATF of any gun show at least 30 days prior to the show; and

notifies BATF no more than three days prior to the gun show of all anticipated vendors, requiring vendors to show ID and sign a ledger, which must be submitted to BATF.

BATF is allowed to set whatever fee and require whatever information it deems necessary in connection with the gun show. If a non-licensee wishes to purchase a firearm from a non-licensee, he must go through a licensee and subject himself to the Instant Check. Reports must be filed on persons purchasing more than one pistol or revolver during five business days. Broad jurisdiction is given to BATF to harass gun show participants through "inspections." Penalties for violation range up to ten years in prison.

H.R. 920 (Kennedy of Rhode Island): This bill would give BATF the authority to prescribe any regulations it deemed necessary in connection with the "design, manufacture, and performance of, and commerce in, firearm products ... to reduce or prevent unreasonable risk of injury.…" This includes the power to ban any or all firearms, and the power to conduct whatever inspections BATF deems appropriate. Any person is specifically authorized to petition BATF to issue regulations or order a recall. The bill goes on to require BATF to regulate firearms in much the same way the FDA regulates drugs, requiring extensive testing, labeling, record keeping, etc., and civilly and criminally punishing anyone who fails to comply with these labyrinthine requirements. "Stockpiling" firearms is explicitly outlawed, as is dealing in "imminently hazardous firearms (as defined by BATF)," and people are specifically encouraged to sue the firearms industry to enforce any provision of this act.

H.R. 988 (Boswell): This bill would expand federal programs to combat methamphetamine use. In particular, with respect to firearms, it would exempt a person who "possessed" a firearm "during the course of" a methamphetamine offense from more favored treatment under "drug courts" created and funded by this bill.

H.R. 1032 (Barr): This bill would prohibit federal or state lawsuits against gun dealers, manufacturers, or trade associations for damages resulting from the unlawful misuse of the firearm.

H.R. 1037 (DeGette): This bill would ban the importation of "large capacity ammunition feeding devices" and would ban the transfer of such "devices," whether or not they were manufactured before the 1994 crime bill (which currently has a grandfather clause).

H.R. 1049 (Blagojevich): This bill would explicitly authorize lawsuits against gun manufacturers and dealers by state, cities, and crime victims (and their estates), on the grounds that the firearms were negligently manufactured and distributed. Currently, cities such as Chicago are arguing that dealers who fail to investigate the intentions and motives of their lawful purchasers are engaging in negligent distribution.

H.R. 1062 (Porter): This bill would require that Instantcheck information be forward to the chief law enforcement officer of a buyer's residence, in addition to the FBI, and would mandate a 72 hour waiting period with respect to handguns.

H.R. 1086 (Ford): This bill would encourage state and local governments to bring suits against the firearms industry by allowing them to recover damages on behalf of the federal government, in addition to damages on their own behalf. Furthermore, whenever a state announced its intention to sue on behalf of the federal government, the federal government would forfeit any right to proceed on its own behalf unless it [the federal government] pursued the case against the gun industry itself within six months. Finally, the bill would attempt to encourage state lawsuits by establishing a formula for dividing the spoils between schools, law enforcement, and general government purposes.

H.R. 1178 (Coburn): This is the House version of the Second Amendment Rights Protection Act. It would amend permanent law to outlaw the Brady Act gun tax and to prohibit an Instant Check system of gun registration. Moreover, gun owners will be specifically authorized to sue to enforce the bill's provisions and will be able to receive compensation for attorney's fees.

H.R. 1179 (Paul): This bill would repeal (1) the Brady Act, (2) the semiautomatic ban, and (3) the sporting purposes distinction which, among other things, was used by Presidents Bush and Clinton to ban the importation of certain semi-automatic firearms.

H.R. 1233 (Lowey): This bill would create a federal cause of action against a gun dealer, manufacturer, or importer for injuries incurred as a result of "gun violence." The manufacturer could be sued for negligent design, manufacturing, marketing, etc., and would be allowed to recover punitive damages and attorneys' fees.

H.R. 1245 (Rush): This bill would make it unlawful to operate an Internet web site for the purpose of offering firearms for sale or exchange (or "facilitating" such a transfer) unless the web site operator is a FFL who notifies BATF of the site. In the case of an FFL web site operator who is offering a firearm on behalf of a non-licensee, the act prescribes extensive requirements to insure that the transfer complies with all federal requirements governing transfers from licensees to non-licensees.

H.R. 1280 (Towns): This bill would require the Consumer Products Safety Commission to issue a rule outlawing all realistic toy guns.

H.R. 1330 (Kelly): This bill would increase the mandatory minimum sentences for possessing a firearm in connection with a crime of violence to 10 years, brandishing a firearm under similar circumstances to 15 years, and discharging a firearm to 20 years. Where federal jurisdiction exists, a "crime of violence" would include offenses as minor as threats against property. Thus, this bill would apply special federal penalties against a gun owner who ill-advisedly made such a threat, while no extra federal penalties would apply to a person who, say, used a knife to commit murder.

H.R. 1342 (McCarthy): This is the House version of the latest effort by anti-gun forces to use children as pawns to force draconian measures intended to end American firearms ownership. Specifically, it would:

ban the manufacture or import of any handgun that (1) fires when repeatedly dropped from a height of one meter with the safety off, (2) fails to have a child safety lock, (3) is a semiautomatic pistol which can be fired when the magazine is removed, (4) in the sole discretion of BATF, does not contain sufficient protection to prevent firing by "unauthorized users" [section 101];

commission a Consumer Product Safety Commission study on handguns and children [section 102];

extend the juvenile handgun ban to semiautomatics and increase other penalties for transferring firearms to juveniles to up to twenty years in prison [title II];

require two forms of identification for the purchase of a firearm by a person under 24, and mandate the automatic revocation of a firearms license for "willfully" selling a firearm to a minor [sections 301 and 302];

allow BATF to require gun shops to spend whatever amount it deems necessary to "establish minimum firearm safety and security standards" (setting inspections and penalties to enforce these unilateral BATF requirements) [section 303];

except under narrow exceptions, criminalize any person who keeps a loaded firearm (or a firearm and ammunition) if the person "reasonably should know" that a juvenile will gain access-- a measure that would effectively outlaw keeping a loaded firearm in your night stand for self-defense [title IV];

create three grant programs: (1) one, in coordination with the anti-gun Centers for Disease Control, to monitor children's firearms-related injuries, (2) the second, to award grants for politically motivated instruction in children's gun violence prevention education, and (3) the third, to expand the Youth Crime Gun Interdiction Initiative [titles V, VI, and VII].

H.R. 1428 (Lantos): This bill would require a background check for any purchaser of a semiautomatic "component" and would require dealer sales of semiautos and their components to be made in person.

H.R. 1461 (Rogan): This bill would allow any "qualified law enforcement officer" to carry a concealed firearm in any state, subject to the usual caveats and conditions (ID, prohibitions on federal installations, etc.).

H.R. 1512 (Millender-McDonald): This bill would, with limited exceptions, require all licensees to provide "locking devices" with all handguns. A $10,000 civil penalty and possible license revocation (and, in repeat cases, imprisonment for up to two years) would be the penalties. BATF would be authorized to issue whatever regulations it deemed appropriate concerning the "locking devices" and would have the ability to bar the transfer or order the recall of any "locking device," in addition to conducting any inspection it deemed necessary.

H.R. 1577 (Hostettler): This bill would bar any lawsuit against a gun manufacturer for injuries resulting from the use of one of his guns, if the harm resulted from a criminal or intentionally tortious act of another person. Thus, if a gang member engaged in a criminal act by shooting another person, it would be the gang member, rather than the gun manufacturer, who would be civilly and criminally accountable.

The bill would further insulate gun manufacturers from liability for "negligent marketing" (such as in the Chicago suit) unless the manufacturer:

(1) "failed to substantially comply with" federal or state law, and

(2) thereby directly (i.e., proximately) caused the injury.

The bill would apply only to future lawsuits, but would presumably result in the dismissal of any Chicago-like suits brought after its passage.

H.R. 1580 (Lofgren): This bill would bar the transfer or possession of any firearm "not approved" by BATF. The penalty for possessing an "unapproved" firearm would be five years in prison.

H.R. 1424 (Stupak): This bill would (1) provide an enhanced sentence in cases where a defendant wore body armor (with an exception for civil rights violations by police wearing body armor), (2) prohibit most "violent felons" (a loose definition including federal or state crimes involving "threats") from buying body armor, and (3) provide for the donation of federal surplus body armor to state and local police departments.

H.R. 1670 (Hastings): This bill would create a commission to study violence in America.

H.R. 1702 (Mink): This bill would criminalize any "offer to obtain or dispose of a firearm" over the Internet.

H.R. 1717 (Blagojevich): This bill would impose a lifetime gun ban on a person who "committed an act of juvenile delinquency."

H.R. 1723 (DeFazio): This bill would increase certain federal funding for states that require (1) reporting of students if there is "reasonable cause to believe" they are in illegal possession of firearms, (2) mandatory investigation of such reports, and (3) detention of the child for up to 72 hours based on "probable cause" that such a report is true.

H.R. 1726 (DeFazio): This bill would (1) make additional money available for development of state Instantcheck capacities, (2) create a tax credit for the purchase of "safe storage devices" for firearms, (3) require all manufactured firearms to have a "child safety lock" as an "integral" part of the firearm, and (4) criminalize keeping a loaded firearm (or an unloaded firearm and ammunition) if the owner "reasonably should know" that a juvenile is capable of gaining access to the firearm, if in fact the juvenile does gain access and "exhibits" the firearm in a public place.

H.R. 1809 (Nadler): This bill would give BATF broad authority to ban the importation of semiautos which have a detachable large capacity magazine, use .22 caliber ammunition, have a thumb hole pistol grip, or have a readily modifiable fixed magazine.

H.R. 1889 (Goodling): This bill would impose a flexible five-year period during which any person convicted of any drug crime would be classified as a prohibited person.

H.R. 1903 (Blagojevich): This is one of the nastier formulations for banning private gun show transactions. It would allow gun shows to be taxed, regulated, and inspected out of business, and would criminalize gun show promoters who failed to notify EVERY attendee of his Brady Law requirements.

H.R. 2003 (Tauscher): This bill would outlaw the POSSESSION of a "junk gun" -- a term which would be defined by BATF regulations. It would contain a limited grandfather clause.

H.R. 2007 (Blumenauer): This bill would (1) extend the jurisdiction of the Consumer Products Safety Commission to firearms, (2) impose a lifetime gun ban on a person who committed a "violent misdemeanor" against person or property or a person who has been convicted of two or more drunk driving offenses, and (3) criminalize the importation or manufacture of a handgun which does not incorporate a variety of enumerated "safety features."

H.R. 2008 (Blumenauer): This bill would (1) extend the jurisdiction of the Consumer Products Safety Commission to firearms, and (2) criminalize the importation or manufacture of a handgun which does not incorporate a variety of enumerated "safety features."

H.R. 2009 (Blumenauer): This bill would outlaw the POSSESSION of a "junk gun" -- a term which would be defined by BATF regulations. It would contain a limited grandfather clause.

H.R. 2010 (Blumenauer): This bill would establish a "National Firearm Injury Reporting System" within HHS and would make grants to states to implement the system.

H.R. 2025 (Pascrell): This bill would, after five years, ban the manufacture of handguns which cannot be "personalized" to an individual's fingerprints or some other technological device. After roughly three years, the Justice Department would report on whether such technology was feasible, but, if it made a determination -- even a bad faith determination -- that it was feasible, it would make absolutely no difference that the determination was unfounded.

H.R. 2048 (Blagojevich): This bill would add semiautos to the labyrinthine requirements governing youth handgun possession under 18 U.S.C. 922(x) and would raise the age for handgun possession to 21.

H.R. 2063 (Markey): This bill would commission the Federal Trade Commission and the Attorney General to conduct a study of firearms marketing practices.

H.R. 2081 (Udall): This bill would authorize the appointment of one assistant U.S. attorney in every district to prosecute only firearms offenses.

H.R. 2127 (Blagojevich): This bill would extend the machine gun licensing requirements to "a rifle capable of firing a center-fire cartridge in 50 caliber, .50 BMG caliber, any other variant of 50 caliber, or any metric equivalent of such calibers..."

H.R. 2281 (Ackerman): This bill would basically eliminate the ability of a felon to petition for relief from a lifetime gun ban.

H.R. 2377 (Hoeffel): This bill would provide for a study on the use of antique firearms in crime.

H.R. 2421 (Blagojevich): This bill would (1) bring laser sights within the ambit of the National Firearms Act, and (2) redefine prohibited armor-piercing ammunition to include whatever ammunition BATF determines by regulation.

H.R. 2443 (Lowey): This bill would regulate firearms dealers in a variety of ways, including (1) expanding procedures for the revocation or suspension of a license, and (2) basically, requiring firearms registration for customers of a firearms dealer, if 25 of the dealer's firearms found their way to a crime scene during the preceding year.

H.R. 2655 (Paul): This bill would require that Executive Orders specifically state their constitutional or statutory authority, and further denies the force of law to Executive Orders, leaving their application exclusively to the internal operations of the Executive Branch. This would have an impact on a wide variety of non-legislated actions governing firearms. Virtually every import limitation could be overturned. It is also possible that the tax and registration elements of the Instant Check system would fall, in addition to the BATF itself, which was created by rule rather than by statute.

H.R. 2732 (Blagojevich & Stearns): This bill would require BATF and state and local law enforcement officials to be notified whenever an Instant Check determined that a purchaser was a prohibited person.

H.R. 2813 (Norton): This bill would set up a $50,000,000 a year program to finance gun buybacks.

H.R. 2916 (Nadler): This bill would require that all non-licensees have a state handgun license before purchasing a handgun or handgun ammunition. In addition, prior to each transfer, the state police would be required to be contacted to insure that the license was still in effect, and a 3-day waiting period would be required. The bill would impose a series of requirements for state handgun licenses, including a two-year limit and a training requirement and a state-designed test. $200,000,000 would be authorized to help states set up these systems, and licensees would be required to have business liability insurance.

H.R. 3020 (Crowley): This bill would criminalize firearms sales over the Internet, subjecting violators to a five-year mandatory minimum prison sentence.

H.R. 3057 (Blagojevich): This bill would define as "gunrunning" the interstate shipment by a non-licensee of five guns a year, with the intent of transferring those guns to another non-licensee. The crime would involve a mandatory minimum three-year prison sentence, escalating to 25 years in some circumstances, and would RICOize the offense.

H.R. 3139 (Kennedy): This bill would increase the excise tax on firearms by roughly 50% and would use the money to establish a Delinquency Prevention Trust Fund and a Emergency Medical Services for Children Trust Fund.

H.R. 3209 (Blagojevich): This bill would create a $10,000,000 a year grant program to law enforcement agencies to allow the purchase of new firearms, while destroying the decommissioned ones.

H.R. 3255 (Norton): This bill would set up a $50,000,000 a year program to finance gun buybacks.

H.R. 3279 (Meehan): This bill would create a gun-free zone within 1,000 feet of a hospital and would subject a person with a gun inside this zone to up to 5 years in prison if he had reasonable cause to believe he was within 1,000 feet of a hospital.

H.R. 4051 (McCollum): H.R. 4051 is the "Project Exile" bill introduced by Rep. Bill McCollum (R-FL).

The bill would create a $100,000,000 grant program over five years. In order to be eligible for grants under the bill's provisions, a state must show that it has enacted a statute imposing mandatory minimum sentences for certain gun-related offenses -- or has ceded its criminal jurisdiction to the federal government.

Obviously, the threshold question is whether the federal government should expand its role in using federal money to coerce states into enacting congressionally dictated legislation with respect to purely local matters. While not unprecedented, the effort by Congress to force states to comply with its will in connection with subjects the Bill of Rights withholds from Congress' jurisdiction is not a constitutionally sound way of legislating.

But, aside from that, the state statutes which Congress demands under this bill are seriously flawed instruments intended to stigmatize gun ownership and curtail Second Amendment rights.

Specifically, a state, in order to qualify for funding, would have to enact legislation to require one or more of the following:

a five-year mandatory minimum prison sentence for using or carrying a firearm during and in relation to any violent crime;

a five-year mandatory minimum prison sentence for possessing a firearm after having been convicted of a violent crime;

in the alternative, an agreement to abdicate constitutionally vested state jurisdiction and refer such cases for federal prosecution.

In addition, all recipient states must (1) agree to "promote Federal involvement and cooperation in the enforcement of laws within that State" and (2) conduct a "public awareness and community support" program intended to stigmatize firearms ownership by calling attention to "firearms sentencing laws."

The term "violent crime" is defined to mean "murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault, or a crime in a reasonably comparable class of serious violent crimes as approved by the Attorney General."

What constitutes a "reasonably comparable" crime? It is instructive that the 18 U.S.C. 924(c) definition of "crime of violence" -- on which the statute is based -- includes any threat of violence against person or property. Presumably, if the Attorney General exercised her authority to expand the list of violent crimes to misdemeanors such as this, the bill would have succeeded in creating a new list of prohibited persons consisting of individuals who have committed minor misdemeanors. Even if the state only enacted the first of the three statutory alternatives, a person who brandished a firearm could be subject to a five-year mandatory minimum prison sentence.

This should be contrasted with the fact that, in many jurisdictions, a serial ax murderer would not be subject to any mandatory prison time.

Clearly, the intent and the impact is to stigmatize gun owners and to create an even more labyrinthine maze of laws in which a law-abiding gun owner could, for relatively innocuous conduct, find himself subject to a long prison term.

Senate Bills

S. 5 (DeWine, Abraham, Ashcroft, Grassley, Hatch, Lott, Coverdell, McCain): This is the chief anti-crime initiative of Republicans during the 106th Congress, dealing with illegal drugs. Although civil libertarians may raise concerns over this legislation-- and although pro-gunners will have to watch very carefully for the danger of anti-gun amendments further on in the legislative process-- the bill, as introduced, is free of the serious anti-gun provisions which plagued crime bills during earlier years.

S. 9 (Daschle, Leahy, Biden, Kennedy, Torricelli, Schumer, Dorgan, Kerry, Lautenberg, Mikulski, Breaux, Durbin, Bingaman, Bryan, Moynihan): This is the Democratic version of the juvenile justice bill. It is an encyclopedia of anti-gun provisions. Some of them include:

section 1411, which would impose a lifetime gun ban on virtually anyone caught experimenting with drugs as a child;

imposing a mandatory minimum five-year prison sentence on a person who commits a crime of violence (including threatening to damage property) while "possessing" a firearm (arguably, the firearm does not need to be at the scene of the threat) (section 1413);

imposing a five-year prison sentence for inadvertently violating the labyrinthine rules for training a juvenile to use a handgun (section 1414); creating an across-the-board penalty for "conspiracy" to commit a firearms offense (section 1417);

establishing "juvenile gun courts," while providing no comparable special attention for crimes like murder, rape, etc. (section 1431 et seq.).

S. 44 (Helms): This bill would condition federal education funds on a school policy requiring a one-year expulsion for any student found to have brought a gun onto school property.

S. 51 (Biden et al.): This is the Senate version of H.R. 357, the Democratic Violence Against Women bill. Although this whole area poses dangers, in terms of government interference with normal Judeo-Christian families, the Senate bill does not have many of the nightmarish implications of the House bill, H.R. 357.

S. 149 (Kohl): This bill would require any licensee selling a handgun to a non-licensee to provide a "locking device." Civil penalties of up to $10,000 could be imposed, and transfers to government would be exempted.

S. 152 (Moynihan): This bill would impose a 10,000 percent tax on certain handgun ammunition, and would impose a $10,000 fee and a registration requirement on handgun ammunition manufacturers and importers.

S. 153 (Moynihan): This bill would ban "destructive ammunition," which is defined as "any jacketed, hollow point projectile that may be used in a handgun and the jacket of which is designed to produce, upon impact, sharp-tipped, barb-like projections that extend beyond the diameter of the unfired projectile."

S. 154 (Moynihan): This bill would increase the licensing fee for ammunition importers and manufacturers to $10,000, and would require them to provide such reports as BATF determined appropriate.

S. 155 (Moynihan): This bill would create a Bullet Death and Injury Control Program in the Centers for Disease Control, advised by a 13-man panel and funded at up to $5,000,000 a year. Taxes on 9 mm, .25 caliber, and .32 caliber ammunition would be increased to 1,000 percent, and licensed manufacturers and importers would be required to keep records on the disposition of all ammunition.

S. 156 (Moynihan): This bill would prohibit the manufacture, transfer, or importation of .25 caliber, .32 caliber, and 9 mm ammunition.

S. 157 (Moynihan): This bill would tax .25 caliber, .32 caliber, and 9 mm ammunition at 1,000 percent.

S. 158 (Moynihan): This bill would redefine prohibited "armor-piercing ammunition" to be anything BATF, by regulation, determined it to be.

S. 193 (Boxer): This bill would outlaw "junk guns," which would generally constitute any firearm which BATF, in its discretion, did not find to be suitable for sporting purposes.

S. 254 (Hatch, Sessions, Thurmond, Abraham, DeWine, Ashcroft, Lott, and Hagel): This is the 1999 Republican juvenile justice bill. The gun portion of the bill (section 401) would add to the list of prohibited persons a juvenile who committed an act which, if the juvenile were an adult, would be defined as a "serious violent felony." Outside of that, it appears that the serious anti-gun provisions from previous years’ juvenile justice bills have been removed.

S. 319 (Lautenberg): This bill would require "locking devices" for handguns after ninety days and, after a year, would require handguns to have radio tagging, touch memory, remote control, fingerprint identification, magnetic encoding, or other automatic user identification systems. Civil penalties would run up to $10,000.

S. 407 (Lautenberg): This bill would (1) impose a one-gun-a-month limitation on handgun purchases, (2) increase criminal penalties for certain "false" statements, and (3) extend the record retention period for certain Instant Check information to 35 days.

S. 420 (Snowe): This bill would impose mandatory minimum federal prison sentences for possessing a firearm during and in relation to a state crime of violence. "Crime of violence" includes threatening to cause damage to property.

S. 443 (Lautenberg): This bill would provide that, with respect to any "gun show" (50+ firearms / 2+ sellers):

all gun show sponsors would have to register with BATF, pay whatever fee BATF chooses to levy, notify BATF of the details of the show (30 days in advance) and the identity of the vendors (72 hours in advance), notify all attendees of their legal obligations, and maintain records in accordance with BATF regulations;

all gun show vendors would have to present picture identification and sign a ledger and notice, which would subsequently be turned over to BATF;

all non-licensees who wish to transfer firearms to other non-licensees in connection with a gun show would have to do so through a licensee and would be (1) subject to an Instantcheck, (2) recorded in a bound book and on a Form 4473, and (3) reported to BATF in a separate report within 10 days;

all sales of 2 or more pistols or revolvers between the same two non-licensees would be reported to BATF and to the state police in a special report, and similar sales by licensees would also be subject to less detailed reporting requirements;

special provisions would be made for BATF to come into gun shows and examine business records of exhibitors;

violations would be subject to penalties up to 5 years in prison and $10,000 civil fines, and "serious" recordkeeping violations would also be subject to enhanced criminal penalties.

S. 457 (Durbin): In the case of a handgun, this bill would require (1) that Instant Check information be forwarded to the chief law enforcement officer of the transferee's place of residence, and (2) that the transferee wait 72 hours, unless the chief law enforcement officer certifies that there is a life-threatening situation.

S. 534 (Torricelli): This bill would give BATF the authority to prescribe any regulations it deemed necessary in connection with the "design, manufacture, and performance of, and commerce in, firearm products ... to reduce or prevent unreasonable risk of injury...." This includes the power to ban any or all firearms, and the power to conduct whatever inspections BATF deems appropriate. Any person is specifically authorized to petition BATF to issue regulations or order a recall. The bill goes on to require BATF to regulate firearms in much the same way the FDA regulates drugs, requiring extensive testing, labeling, record keeping, etc., and civilly and criminally punishing anyone who fails to comply with these labyrinthine requirements. "Stockpiling" firearms is explicitly outlawed, as is dealing in "imminently hazardous firearms (as defined by BATF)," and people are specifically encouraged to sue the firearms industry to enforce any provision of this act.

S. 560 (Daschle): This bill would encourage state and local governments to bring suits against the firearms industry by allowing them to recover damages on behalf of the federal government, in addition to damages on their own behalf. Furthermore, whenever a state announced its intention to sue on behalf of the federal government, the federal government would forfeit any right to proceed on its own behalf unless it [the federal government] pursued the case against the gun industry itself within six months. Finally, the bill would attempt to encourage state lawsuits by establishing a formula for dividing the spoils between schools, law enforcement, and general government purposes.

S. 562 (Harkin): This bill would expand federal programs to combat methamphetamine use. In particular, with respect to firearms, it would exempt a person who "possessed" a firearm "during the course of" a methamphetamine offense from more favored treatment under "drug courts" created and funded by this bill.

S. 594 (Feinstein): This bill would ban the importation of "large capacity ammunition feeding devices" and would ban the transfer of such "devices," whether or not they were manufactured before the 1994 crime bill (which currently has a grandfather clause).

S. 597 (Smith): This is the current version of the "Smith amendment" which passed the Senate in 1998 by a 69-31 vote. It would amend permanent law to outlaw the Brady Act gun tax and to prohibit an Instant Check system of gun registration. Moreover, gun owners will be specifically authorized to sue to enforce the bill's provisions and will be able to receive compensation for attorney's fees.

S. 602 (Snowe): This bill would expand current federal mandatory minimum sentences to simple possession of a firearm during a STATE crime of violence, thereby significantly expanding the jurisdiction of the Bureau of Alcohol, Tobacco & Firearms. A "crime of violence" can even include the mere brandishing of a firearm -- which is the manner in which gun owners protect themselves in more than 90% of self-defense cases. Thus, the BATF would now have jurisdiction to investigate self-defense actions by honest gun owners who merely brandished a firearm.

S. 637 (Schumer): This bill would make it unlawful to operate an Internet web site for the purpose of offering firearms for sale or exchange (or "facilitating" such a transfer) unless the web site operator is a FFL who notifies BATF of the site. In the case of an FFL web site operator who is offering a firearm on behalf of a non-licensee, the act prescribes extensive requirements to insure that the transfer complies with all federal requirements governing transfers from licensees to non-licensees.

S. 686 (Boxer): This bill would create a federal cause of action against a gun dealer, manufacturer, or importer for injuries incurred as a result of "gun violence." The manufacturer could be sued for negligent design, manufacturing, marketing, etc., and would be allowed to recover punitive damages and attorneys' fees.

S. 703 (Bob Smith of New Hampshire): This bill would exempt all guns but handguns from the Brady Law's Instant Check.

S. 727 (Campbell): This bill would, subject to some restrictions, exempt law enforcement personnel from concealed carry laws.

S. 728 (Campbell): This bill would increase to 15 years the term of imprisonment for offenses involving shipping or handling firearms, "knowing" that they have been stolen. The only caveat to these changes is that, in recent years, courts have defined the term "knowing" in a variety of contexts, to include "gross recklessness," "intentional ignorance," and other states of mind short of objective knowledge. There is at least a possibility that, in cases of particularly large collectors or dealers, the courts could apply these prison sentences to them because they were faced with suspicious circumstances and failed to do the necessary investigations.

S. 735 (Kennedy, Boxer, Durbin, Schumer): This is the Senate version of the latest effort by anti-gun forces to use children as pawns to force draconian measures intended to end American firearms ownership. Specifically, it would:

ban the manufacture or import of any handgun that (1) fires when repeatedly dropped from a height of one meter with the safety off, (2) fails to have a child safety lock, (3) is a semiautomatic pistol which can be fired when the magazine is removed, (4) in the sole discretion of BATF, does not contain sufficient protection to prevent firing by "unauthorized users" [section 101];

commission a Consumer Product Safety Commission study on handguns and children [section 102];

extend the juvenile handgun ban to semiautomatics and increase other penalties for transferring firearms to juveniles to up to twenty years in prison [title II];

require two forms of identification for the purchase of a firearm by a person under 24, and mandate the automatic revocation of a firearms license for "willfully" selling a firearm to a minor [sections 301 and 302];

allow BATF to require gun shops to spend whatever amount it deems necessary to "establish minimum firearm safety and security standards" (setting inspections and penalties to enforce these unilateral BATF requirements) [section 303];

except under narrow exceptions, criminalize any person who keeps a loaded firearm (or a firearm and ammunition) if the person "reasonably should know" that a juvenile will gain access-- a measure that would effectively outlaw keeping a loaded firearm in your night stand for self-defense [title IV];

create three grant programs: (1) one, in coordination with the anti-gun Centers for Disease Control, to monitor children's firearms-related injuries, (2) the second, to award grants for politically motivated instruction in children's gun violence prevention education, and (3) the third, to expand the Youth Crime Gun Interdiction Initiative [titles V, VI, and VII].

S. 716 (Kohl): This bill would (1) impose $10,000 civil penalties and license suspension or revocation on licensees who fail to provide a "safety device" with a firearm (section 201); (2) impose a lifetime gun ban on any person who committed "an act of juvenile delinquency" (section 202); (3) create a program to expand traces of firearms used in crimes (section 203); (4) increase the penalty for violating the youth-handgun prohibition to five years in prison (including, for instance, taking your son handgun-target shooting without giving him a WRITTEN permission slip) (section 204); and (5) implement Richmond-style targeted enforcement programs in 10 jurisdictions (section 205).

S. 726 (Campbell and Torricelli): This bill would set up a federal program to help states and local jurisdictions purchase "bullet resistant equipment" for use by police.

S. 783 (Feinstein): This bill would: (1) require the federal Sentencing Commission to increase the penalties for any offense in which the defendant used body armor; (2) under most circumstances, prohibit the purchase of body armor by a person who has committed a "crime of violence" or comparable offense; and (3) allow the donation of federal surplus body armor to state and local police.

S. 891 (Schumer): This bill would (1) extend the prohibition on handgun transfers to juveniles to semiautos and "large capacity ammunition feeding devices," and (2) raise the permissible age from 18 to 21.

S. 899 (Hatch, Thurmond, Specter, DeWine, Ashcroft, Abraham, Sessions, and Grams): This is the Senate GOP crime bill for the 106th Congress. Provisions relating to firearms would: (1) step up penalties for using body armor in connection with a crime (section 1414); (2) prohibit teaching a person to make a "destructive device" with the intent that it be used in furtherance of a federal crime of violence (section 2521); (3) establish a series of Richmond-type programs (emphasizing the prosecution of street criminals by federal law enforcement authorities using gun laws) (section 3001-4); (4) expand pretrial detention of prohibited persons with firearms and limit probation in the case of firearms possession by "violent felons" (section 3101); (5) expand firearms tracing requirements as a condition of receiving some federal grant money (section 4222); (6) impose a lifetime gun ban on juvenile offenders who commit "violent juvenile offenses," which includes "firearms use" (section 4301); (7) crack down on the use of the exclusionary rule (section 7201 et seq.); (8) allow national concealed carry by law enforcement personnel (section 9101); and (9) exempt pawn shops and repair shops from the Brady Law's Instant Check (section 9102).

S. 936 (Durbin): This bill would criminalize keeping a loaded firearm (or an unloaded firearm and ammunition) if the owner "reasonably should know" that a juvenile is capable of gaining access to the firearm, if in fact the juvenile does gain access and "exhibits" the firearm in a public place.

S. 954 (Smith): This is Senator Bob Smith's bill to effectively bring an end to harassing lawsuits against firearms dealers and manufacturers. It would do this in two ways: (1) It would limit the amount greedy lawyers could reap from anti-gun judgments to $150 an hour. This would eliminate the massive contingent fees-- in at least one case, reaching hundreds of millions of dollars-- which were awarded in the tobacco suits, and will virtually guarantee that these lawyers will lose interest in pursuing the litigation. (2) It would require HCI and its anti-gun friends to finance the legal expenses of the gun industry if these frivolous suits are ultimately unsuccessful.

S. 967 (Lautenberg): This bill would, under most circumstances, make it unlawful to carry a concealed firearm. Only a New York-style concealed carry law could be used to create an exception for most gun owners.

S. 969 (Ashcroft): Notwithstanding the Americans With Disabilities Act, this bill would allow schools to discipline mentally disabled students who carry or threaten to carry a firearm into a school.

S. 991 (McCain): This bill would (1) impose a lifetime gun ban for an act of juvenile delinquency, (2) step up penalties for transferring a firearm to a prohibited person, and (3) expand (to ammunition) and step up penalties for violation of the labyrinthine provisions of 18 U.S.C. 922(x) governing possession of a handgun by a juvenile.

S. 994 (Ashcroft): This bill would (1) expand (to ammunition and semiautos) and step up penalties for violation of the labyrinthine provisions of 18 U.S.C. 922(x) governing possession of a handgun by a juvenile; (2) step up the mandatory minimum sentences under 18 U.S.C. 924(c) for a firearm used to injure a person; and (3) cut off juvenile justice funding for a state that does not try a juvenile as an adult if he commits a serious crime using a firearm.

S. 1080 (Torricelli): This bill would (1) prohibit a non-licensee from transporting five or more firearms to another state during a twelve-month period, creating an escalating series of penalties ranging up to 25 years. In addition, this bill would expand the Racketeer Influenced and Corrupt Organizations Act (RICO) to a wide range of firearms violations and expand the BATF to enforce the bill's prohibitions.

S. 1101 (Reed): This bill would allow a "victim" to sue a firearms dealer, without regard to fault, if the dealer transferred the firearm in violation of any provision of chapter 44, including the provision prohibiting transfer with reason to believe the firearm would be used in a serious crime.

S. 1179 (Boxer): This bill would expand the prohibitions of 18 U.S.C. 922(x) (dealing with juvenile possession of a firearm) to virtually all guns.

S. 1190 (Reed): This bill would expand the jurisdiction of the Consumer Products Safety Commission to firearms.

S. 1269 (McConnell): This bill deals with suits by states and the federal government for reimbursement of government-provided services. Particularly impacted are suits against tobacco and firearms companies for the cost of government services supposedly incurred as a result of the misuse of those products. The effect of the bill would be to require that rules (including affirmative defenses) which would apply in other lawsuits would be equally applicable in these actions. States such as Florida have passed laws prohibiting tobacco companies from raising affirmative defenses such as "assumption of risk" (i.e., that the smoker knew of the risks and willingly accepted them). This bill would overturn such laws.

S. 1306 (Schumer): This bill would regulate firearms dealers in a variety of ways, including (1) expanding procedures for the revocation or suspension of a license, and (2) basically, requiring firearms registration for customers of a firearms dealer, if 25 of the dealer's firearms found their way to a crime scene during the preceding year.

S. 1532 (Durbin): This bill would prohibit the sale of military armor piercing ammunition to any domestic purchaser other than the government or law enforcement.

S. S. 1774 (Feinstein): This bill would treat .50 caliber firearms like machineguns for purposes of federal law.

S. 1845 (Boxer): This bill would make an intoxicated person a prohibited person.

S. 2099 (Reed): This bill would treat handguns like machine guns for purposes of the registration and transfer tax provisions of the Internal Revenue Code. Information concerning who owns a handgun would be made available online to all state and local law enforcement agencies. Existing handgun owners would have one year to register.