House Bills

H.R. 31 (Bartlett): This bill, the Citizens' Self-Defense Act of 2001, would reaffirm the right of an individual to obtain a firearm for self-defense and to use the firearm to protect himself, his family, and his home.

H.R. 70 (Jackson-Lee): This bill would:

extend the labyrinthine rules making it almost impossible to legally teach your kid the safe and responsible use of handguns by (1) expanding the rules to semi-automatics; (2) raising the age to 21, and (3) raising the penalty to five years in prison;

effectively require purchasers from licensees to purchase "gun storage or safety devices";

with fairly narrow exceptions, impose a three year prison sentence if an individual "recklessly" keeps a loaded firearm (or an unloaded firearm and ammunition) which is used by a child to cause death or serious injury;

require that a child be accompanied by an adult at a gun show -- a provision which will effectively require the carding of gun show attendees;

allow the Attorney General to fund anti-gun safety education programs.

H.R. 74 (Jackson-Lee): This bill would amend the Hate Crimes Law to impose a ten-year prison sentence (life imprisonment for serious offenses) for using a firearm to cause or attempt to cause bodily injury on the basis of, among other things, the sexual orientation of the victim. In addition, it would authorize increased funding for grants and enforcement.

H.R. 75 (Jackson-Lee): This bill would authorize $100,000,000 a year for mental health services for children.

H.R. 114 (Holt): This bill would require federal registration of handguns (including handguns already owned) in any state which had failed to implement a handgun registration program.

H.R. 123 (Barr): This bill would prohibit a federal or state action against a firearms manufacturer or seller for criminal actions committed by third parties using their firearms.

H.R. 138 (Nadler): This bill would require virtually all handgun purchasers from any seller to obtain a state handgun license (and to have completed a course and passed an exam) -- and would require purchasers to wait for a check on whether or not the license had been revoked. After two years, a current handgun owner would be required to have a license in order to keep his handgun.

H.R. 139 (Nadler): This bill would provide for a 15% increase in some federal crime funds to any state which implemented an approved handgun registration program.

H.R. 215 (Towns): This bill would require the Consumer Product Safety Commission to ban any toy which resembles a handgun.

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. 225 (Wexler): With limited exceptions, this bill would impose a one-gun-a-month limit on handgun purchases, allowing prosecutions against dealers for both intentional and negligent violations.

H.R. 233 (Millender-McDonald): This bill would:

impose civil penalties on any licensee who transfers a handgun without a government-approved trigger lock;

set aside proceeds from gun taxes for "public education on safe storage of firearms."

H.R. 255 (Gilman): This bill would:

create grant programs for states which, among other things, buy back firearms, require licensees to sell trigger locks with all firearms, and criminalize any purchase of handguns by a person who has not attained the age of 21;

prohibit the importation of magazines used in semiautomatic firearms;

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;

establish a school counseling demonstration grant program.

H.R. 278 (Kennedy): This bill would establish a grant program for state and local governments conducting community gun buy back programs.

H.R. 340 (George Miller): This is the Democratic elementary and secondary education bill. It includes a multi-billion dollar authorization for programs dealing with "safe and drug-free schools and communities" -- a program that contains various curricular aspects and reporting requirements dealing with firearms.

H.R. 382 (Stearns): This is a concealed carry reciprocity bill, but it would not benefit states, such as Vermont, which allow concealed carry without a carry license.

H.R. 408 (Andrews): This bill would require firearms manufacturers to provide ballistics information on all new firearms to BATF, which would retain the information in a National Firearms Ballistics Database.

H.R. 422 (Becerra): This bill would require firearms manufacturers to provide ballistics information on a new or imported firearm to BATF, if that firearm appeared on a list of 50 firearms most frequently used in crime.

H.R. 423 (Becerra): This bill would grant a refundable tax credit equal to the fair market value of any firearm turned in to local law enforcement pursuant to a program established for that purpose.

H.R. 429 (Conyers et al.): This bill would create a federal right to sue in the case of any "crime of violence" motivated by gender (including, presumably, sexual preference). There would be federal jurisdiction if, among other things, the defendant used a gun that had crossed state lines.

H.R. 499 (Engel): This bill would give the Consumer Products Safety Commission jurisdiction to promulgate rules regarding trigger locks.

H.R. 507 (Hilleary): This bill would grant a tax credit, not to exceed $1,500, for the purchase of a residential safe storage device for firearms.

H.R. 534 (Crenshaw): This bill would authorize up to $30,000,000 a year for a grant program for states which had enacted mandatory minimum sentences for gun-related violent crimes. At least one alternative which would qualify a state for funding would allow the Attorney General to designate gun-related crimes, potentially including misdemeanors, which would not only subject the person to a lifetime gun ban, but would impose a five-year mandatory minimum sentence for violation of the lifetime gun ban.

H.R. 671 (Kennedy): This bill would give BATF complete regulatory authority over the design, manufacture, and performance of firearms and ammunition. BATF could (1) order recalls, (2) ban firearms, (3) conduct unlimited inspections. In addition, manufacturers would be required to label firearms and notify BATF of new models. "Stockpiling" would be prohibited. Violations would be punishable by (1) a civil penalty of up to $20,000 for each firearm, (2) injunctions, (3) seizure, (4) a private right to sue, (5) up to 2 years in prison.

H.R. 693 (Pascrell): This bill would criminalize the manufacture of any handgun that cannot be "personalized" (i.e., that does not have an integral feature limiting use to one or two persons).

H.R. 696 (Rangel): This bill permits the expungement of records of certain nonviolent criminal offenses.

H.R. 726 (Mink): This bill amends Title 18 of the United States Code to ban using the Internet to obtain or dispose of a firearm.

H.R. 731 (Andrews): With the exception of police, federal employees, and firing ranges, this bill would prohibit the discharge of a firearm within 1000 feet of any federal land or facility. Violations, even on one's own property, would be punished by a one-year mandatory minimum prison sentence (and up to 2 1/4 years in prison).

H.R. 891 (Moore, Chris Smith of New Jersey, Morella, et al.): This bill would impose a lifetime gun ban on people who committed acts of juvenile delinquency as youths which would have made them prohibited persons had the acts been committed after they became adults. It is important to note that the kids had none of the attorney requirements, due process guarantees, or other trial-related protections which would have governed the proceedings had they been tried as adults.

H.R. 950 (Hostettler): This bill -- the Smith-Hostettler SAFE Act -- would grant national reciprocity for concealed carry license holders and for residents of states like Vermont which do not require concealed carry licenses.

H.R. 998 (Payne): This bill would impose a one-gun-a-month restriction on the purchase of handguns.

H.R. 1014 (Carson): This bill would give BATF the comprehensive ability to regulate the design, manufacture, performance, and sale of handguns, ostensibly for "child protection." It would allow gun recall orders and unlimited inspections of gun manufacturers and dealers (and, in some cases, the homes of gun owners) and would require cigarette-type warning labels. Finally, it would authorize far-reaching lawsuits against gun owners, gun dealers, and gun manufacturers.

H.R. 1023 (Dunn): This bill would expand the permissible purposes under section 505 of the Incentive Grants for Local Delinquency Prevention Programs Act to allow money to be used for "court supervised initiatives that address the illegal possession of firearms by juveniles."

H.R. 1112 (Hoeffel et al.): This bill would eliminate the exception in federal firearms law for antique firearms.

H.R. 1146 (Paul): This bill would:

repeal the acts authorizing U.S. participation in the United Nations, UNESCO, WHO, and other UN agencies, conventions, and agreements;

repeal the agreement authorizing the UN headquarters in New York, throw the UN out of government facilities, and revoke its diplomatic immunity;

prohibit U.S. appropriations from supporting UN operations or "peacekeeping" efforts.

The UN has been active in advocating gun control in member-states.

H.R. 1171 (Andrews): This bill would authorize the Attorney General to award grants to states which use "iris scan" technology to screen persons wishing to purchase guns.

H.R. 1247 (Meehan et al.): This bill would create a comprehensive system of handgun licensing for all handguns, whether currently possessed or subsequently acquired. Everyone who possesses a handgun would be required to submit an application, including an officially procured thumbprint, a certificate that the applicant had passed an examination approved by BATF, and a fee. It would also (1) require Instantchecks for all private firearms transactions, (2) expand criminal liability for a wide variety of offenses, including failure to report a firearm loss or a change of address, and (3) impose lock-up-your-safety trigger lock requirements. BATF would be given broad authority to promulgate regulations, conduct inspections, issue orders, and seek injunctions.

H.R. 1248 (Meehan): This bill prohibits the possession of a firearm in a hospital zone.

H.R. 1343 (Conyers, et al.): This bill would expand hate crimes laws to homosexuals and would provide technical and financial assistance to states and localities to investigate and prosecute "hate crimes." In addition, it would add a new section 249 to explicitly prohibit the use of a firearm to commit a "hate crime."

H.R. 1362: This bill would federally penalize various violent acts against children. Among the factors which would trigger the bill's penalties is the use of a firearm in connection with an offense.

H.R. 1396 (Defazio): This bill would increase certain juvenile justice funds to any state which has a law (1) requiring schools to report students to police if they have reasonable cause to believe that a student has unlawfully possessed a gun at a school, and (2) requiring that the student be detained for 72 hours if there is "probable cause" to believe that such a violation has occurred.

H.R. 1397 (DeFazio): This bill would:

with limited exceptions, effectively outlaw keeping a loaded firearm for self-defense (or even an unloaded firearm with ammunition) -- imposing a one-year prison term if a juvenile does in fact gain access to the firearm and displays it;

outlaw the manufacture of any handgun unless equipped with an organic trigger lock which is effective in preventing its discharge -- a requirement which, given the effectiveness of trigger locks, could effectively outlaw the manufacture of handguns;

create a $250 tax credit for the purchase of trigger locks and similar devices;

allow additional funds to be used for state implementation of the Instantcheck program.

H.R. 1434 (Rangel): This bill would create a special program allowing criminals, including felons, to expunge their records. No one who committed a violent offense would be eligible, and no one who committed a non-violent offense involving the "use of a weapon" would be eligible.

H.R. 1455 (Goode): This bill repeals section 658 of Public Law 104-208, commonly referred to as the Lautenberg gun ban amendment. This amendment, which was passed in 1996 as part of an appropriations bill, has disarmed millions of Americans for life. Many of the affected people have committed very minor infractions that include pushing, shoving or, in some cases, even yelling at a family member.

H.R. 1460 (Hefley): This is the current version of the "Smith amendment" which passed the Senate in 1998 by a 69-31 vote. This bill 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. 1540 (Langevin et al.): This bill would:

allow BATF to conduct harassment inspections of firearms dealers three times a year;

significantly increase criminal penalties for gun recordkeeping offenses, while adding $10,000 per violation civil penalties for the most minor "willful" recordkeeping violations;

authorize $100,000,000 (in 2004) to hire 500 additional BATF agents.

H.R. 1731 (Carter, Schiff): This bill would create additional penalties for persons who use false identities for a variety of purposes, including terrorism or the purchase of a firearm.

H.R. 1762 (Paul): This bill would:

repeal the Brady Law;

repeal the semi-auto ban;

repeal provisions allowing the prohibition of import of firearms which are not for "sporting purposes."

H.R. 1770 (Bartlett): This bill would prohibit the Army from purchasing berets for non-specialized units until the Secretary of the Army certifies that the shortfall of ammunition has been eliminated.

H.R. 1900 (Greenwood): This is the omnibus reauthorization of the Juvenile Justice and Delinquency Prevention Act. It would expand the use of federal funds for purposes involving the illegal use of guns by kids -- and would explicitly allow kids who violate the technical rules governing handgun possession to be sent to "secure detention facilities," while their contemporaries who commit other, more serious crimes are spared incarceration in these facilities.

H.R. 1922 (DeGette): This bill bans the importation of large capacity a mmunition feeding devices, and extends the ban on transferring such devices to those that were manufactured before the ban became law.

H.R. 1966 (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. 1990 (George Miller et al.): This is the liberal Democrat version of the education bill. It contains, among other things, an anti-gun package largely comparable to last year's Clinton administration anti-gun proposal. It would:

outlaw private sales at gun shows (if they did not involve an Instantcheck) -- effectively outlawing gun shows by subjecting sponsors to prison terms if they failed to notify EVERY attendee of his responsibilities under the Brady Law;

prohibit any FFL from selling a handgun without effectively taxing the purchaser by requiring him to purchase a trigger lock, regardless of need;

grant the Consumer Product Safety Commission jurisdiction over trigger locks;

expand to semiautos the labyrinthine rules which currently make it virtually impossible to legally teach your kids the safe and responsible use of handguns;

ban the import of semiauto magazines;

outlaw FFLs with no store as a place of business -- and impose extensive storage requirements on FFLs;

prohibit "violent felons" (including persons involved in a barroom brawl 50 years ago) from being relieved from disabilities;

significantly expand federal funds for anti-gun activities, including federal policing of technical violations, prosecution, "smart gun" technology, anti-gun propaganda, and studies of "marketing practices" of dealers intended to set the stage for anti-gun gun marketing-related legislation;

impose a one-gun-a-month requirement; and

effectively outlaw offering a firearm for sale over the Internet.

H.R. 2009 (Weiner): This bill would generally expand the role of the federal government in local policing. It would expand tracing of firearms confiscated at schools -- and the role of the federal government in dealing with "firearms-related incidents."

H.R. 2037 (Stearns et al.): This bill would exempt a manufacturer, seller, or trade association which registers with the Department of Commerce -- and which is in compliance with all federal gun laws in Chapter 44 -- from liability under civil lawsuits. It would create exceptions for breach of contract actions and firearms malfunctions. Manufacturers could still be sued:

for negligent sales of firearms under 18 U.S.C. 924(b);

in states like New York, under increasingly broadened product liability caselaw masquerading as breach of contract actions (i.e., if a motorcycle manufacturer can be sued in New York for an injury incurred during an accident as a result of inadequate product design, it is probable that a gun manufacturer could be sued for failure to install an organic trigger lock).

H.R. 2068 (Sensenbrenner): This bill codifies rules concerning the management and disposition of federal buildings and property. Among other things, it authorizes non-uniformed special police to carry firearms.

H.R. 2221 (DeGette): This bill bans the importation of large capacity ammunition feeding devices, requires the sale of lock-up-your-safety devices for handguns, and extends the Brady background checks to gun shows.

H.R. 2377 (Castle): This bill requires criminal background checks on all firearms transactions occurring at events (such as gun shows) that provide a venue for the sale, offer for sale, transfer, or exchange of firearms, and provides additional resources for gun crime enforcement.

H.R. 2391 (Hostettler): This bill prohibits any Federal agency from issuing or enforcing certain rules that may be applied to restrict the transportation or possession of a firearm on a public Federal road.

H.R. 2537 (Udall): This bill provides for the appointment of an Assistant United States Attorney for each judicial district for the purpose of prosecuting firearms offenses.

H.R. 2668 (Hastings): This bill amends Title 18 of the United States Code to prohibit the disposition of a firearm to, and the possession of a firearm by, non-permanent resident aliens.

H.R. 2773 (Langevin): This bill amends Title 18 of the United States Code to prohibit the manufacture or importation, or transfer by a licensed firearms dealer, of a pistol that does not have a chamber load indicator and, in the case of a semiautomatic pistol that has a detachable magazine, a mechanism that prevents the pistol from being fired when the magazine is not attached.

H.R. 2778 (McCarthy et al.): This bill would require the FBI to retain Brady Instantcheck records for at 1east 90 days.

H.R. 2896 (Paul): This bill overturns any law or agency regulation preventing commercial pilots from carrying firearms in the cockpit of an airplane.

H.R. 2937 (Gibbons): This bill provides for the conveyance of certain public land in Clark County, Nevada, for use as a shooting range.

H.R. 3182 (Blagojevich): This bill regulates certain 50 caliber rifles in the same manner as machine guns and other firearms.

H.R. 3190 (Schiff): This bill amends Title 49 of the United States Code to authorize the Administrator of the Federal Aviation Administration to establish a program to permit Federal, State, and local law enforcement officers to be trained to participate in the Federal air marshal program as volunteers, and for other purposes.

H.R. 3207 (Langevin): This bill amends Title 18 of the United States Code to prohibit the manufacture or importation, or transfer by a licensed firearms dealer, of a pistol that does not have a chamber load indicator and, in the case of a semiautomatic pistol that has a detachable magazine, a mechanism that prevents the pistol from being fired when the magazine is not attached.

H.R. 3220 (Paul): This bill would:

prohibit federal bureaucrats from barring pilots from carrying firearms;

expand the reach of federal anti-piracy statutes;

authorize an expanded air marshal program;

require airport threat assessments and the provision of airline passenger manifests;

establish a tax credit for airline security improvements;

impose training, U.S. residency, language, criminal records check, and various other requirements for airline and airport personnel.

H.R. 3491 (Hart): This bill would mandate a study by the liberal National Academy of Sciences and the National Research Council of all of the aspects of establishing a national ballistics registry. Within 30 days of the completion of the study, a report would be submitted to the Attorney General. Until the production of the report, BATF would have to make a "national interest" finding before allowing any state to use federal funds for ballistic imaging technology.

H.R. 3494 (McCarthy): This bill gives the Federal Bureau of Investigation access to NICS records in law enforcement investigations, and for other purposes.

H.R. 3562 (Ackerman): This bill amends Title 49 of the United States Code to authorize the Under Secretary of Transportation for Security to establish a program to permit Federal, State, and local law enforcement officers to be trained to participate in the Federal air marshal program as volunteers, and for other purposes.

H.R. 3595 (Rothman et al.): This bill would (1) require gun confiscation in cases where there is probable cause to believe that a crime of domestic violence has been committed; (2) require states to amend their laws to allow a "stalking order" in any case where a defendant has "harassed or threatened [a] victim" on more than one occasion, irrespective of whether there is any specific intent by the defendant to cause fear; (3) increase federal funding for courts authorized to enter "stalking orders."

H.R. 3660 (Nadler): This bill controls the sale of gun kits.

H.R. 3679 (Gutierrez): This bill prohibits the possession or transfer of "junk guns," also known as Saturday Night Specials.

H.R. 3751 (Nadler): This bill would ban the importation of (1) any firearm with a thumb hole stock that functions as a pistol grip, (2) any firearm that can accept a detachable large capacity magazine, (3) any firearm that can be "readily" modified to accept a detachable large capacity magazine.

H.R. 4034 (Conyers et al.): This is another bill to license and regulate gun shows and to require an Instantcheck for all gun control-related transactions. It would effectively outlaw gun shows by imposing a two-year prison sentence on the board members of any sponsoring organization, if the organization failed to notify EVERY attendee of a gun show of his responsibilities under the Brady Act.

H.R. 4093 (Langevin et al.): This bill would (1) allow gun dealers to be inspected three times a year (up from the current one inspection limit); (2) increase, to ten years, the prison sentence for violation of recordkeeping, prohibited persons, and other non-violent (and, in some cases, fairly technical) gun offenses; (3) ease the ability of BATF to pull a federal firearms license.

H.R. 4101 (Crowley): This bill amends Title 18 of the United States Code to require firearms, ammunition, and explosives purchases to be made in person and to require records to be kept of the means by which the purchases are made.

H.R. 4169 (Paul): This bill is intended to protect Americans -- and particularly American servicemen fighting abroad -- from the possibility that they will be subjected to a "show trial" in an international court without any of the protections guaranteed by the Constitution. It would do this by:

calling on the president to rescind the U.S. approval of the International Criminal Court (ICC);

prohibiting federal funds from being used to establish or operate the ICC;

establishing that any action taken by the ICC against an American serviceman shall be considered an act of aggression against the U.S.;

establishing that any action taken by the ICC against a U.S. national shall be considered an offense against the law of nations;

providing for criminal penalties for violation of this Act's provisions.

Because the UN has recently teetered on the brink of action to outlaw the manufacture and sales of firearms under some circumstances, U.S. participation in the ICC could have fundamental ramifications on Second Amendment rights.

H.R. 4512 (Langevin): This bill would establish a tax credit for certain firearms chamber blocking devices.

H.R. 4635 (Young, Mica): This bill would require the Secretary of Transportation to create a program allowing all qualified pilots to carry firearms for the protection of themselves and their passengers. It is expected to be marked up in committee to provide only for a "pilot program" allowing roughly 2% of all pilots to be armed.

H.R. 4642 (Kerns): This bill repeals the law banning firearms in the District of Columbia.

H.R. 4864 (Sensenbrenner, Conyers, Smith of Texas): This bill would:

create a "limited permit" process for explosive handlers;

require explosive permit holders to submit fingerprints and photographs of "responsible persons" within the organization, plus identifying information on all employees with access to explosives;

require permit applicants to be tested, double the period for approval, and require BATF to check each new employee;

expand the list of "explosives prohibited persons" to include illegal aliens, dishonorable discharges, and persons who have renounced their citizenship;

slightly expand the ability to provide relief from disabilities.

It is significant that the term "explosive" includes black powder. On the other hand, most of the real threats to black powder are already contained in 18 U.S.C. 841 et seq.; and H.R. 4864, at worst, probably only nibbles around the edges.

H. Con. Res. 98 (Berkley et al.): This resolution, expressing support for National Children's Memorial Flag Day, would contain a variety of anti-gun findings, including a finding that "10 children a day die as a result of firearm use."

H. Con. Res. 119 (Crane): This resolution expresses the sense of the Congress with respect to the right of all Americans to keep and bear arms in defense of life or liberty and in the pursuit of all other legitimate endeavors.

H. Con. Res. 129 (McCarthy): This resolution expresses the sense of Congress regarding the establishment of Million Mom March Day.

H. Con. Res. 197 (Bartlett): This resolution urges the President to reject any decree, proclamation, or treaty adopted by the United Nations Conference on Small Arms and Light Weapons which would infringe on the right of United States citizens under the 2nd amendment to the Constitution.

Senate Bills

S. 16 (Daschle, Leahy, Biden, Schumer, Durbin, Boxer, Breaux, Clinton, Corzine, Rockefeller, Levin, Johnson, Kerry, Kennedy): This is the chief Senate Democrat crime bill. It contains large numbers of provisions with serious ramifications for civil liberties, but the central gun-related provisions would:

authorize $150,000,000 for an expansion of Project Exile and the prosecution of street crime by the federal government (section 1311 et seq.);

establish "gun enforcement teams," at a cost of $15,000,000 a year, to specifically go after gun offenses in sample jurisdictions (section 1312);

expand the "Youth Crime Gun Interdiction Initiative" to 250 cities or counties by 2005 (section 1321);

impose a lifetime gun ban for juvenile indiscretions (section 1331);

revoke a dealer's license for failing to have sufficient trigger locks or comparable devices (section 1332);

increase penalties for a variety of offenses involving transferring firearms to juveniles, firearms "conspiracy," and receiving a firearm with an obliterated serial number (sections 1333, 1335, 1336, and 2122);

require an Instantcheck for private transactions at gun shows (section 1341 et seq.);

require ballistics testing be submitted to the government for newly manufactured firearms (section 1501 et seq.);

enhance sentences for offenses involving the discharge of a firearm or the use of laser sighting devices (sections 2105 and 2143);

expand the Racketeer Influenced and Corrupt Organizations Act (RICO) to cover the potentially gun-related offense of "assault" (section 2113);

criminalize the negligent transfer of a firearm which is used to commit a crime, thereby requiring dealers to investigate their customers or face potential criminal consequences for failing to do so -- while amending the Sentencing Guidelines to increase penalties for negligently transferring a firearm to a prohibited person (section 2121 and 2123);

create a $60,000,000 per year "local gun violence prevention program" section 4271 et seq.).

S. 19 (Daschle et al.): This is Senate Democrats' central civil rights and racial profiling bill. It includes a "hate crime" with a ten-year-to-life maximum prison sentence for attempting to cause bodily injury to a person because of race using a firearm -- but creates no crime for inflicting greater harm using a knife or other implement under the same circumstances.

S. 25 (Feinstein, Schumer, Boxer): This appears to be the central anti-gun initiative of Senate Democrats. It would create a national licensing system for handguns and semiautos, including:

1. a requirement that applicants, including persons currently owning handguns and semiautos, submit license applications to BATF which include thumbprints, a certificate that the applicant has completed a written exam, a gun tax, and a certificate that the applicant will keep the firearm out of the possession of persons less than 18 years of age (thereby effectively outlawing ALL instruction of juveniles in the safe and responsible use of these firearms);
2. a renewal requirement after five years;
3. a national system of firearms registration;
4. a dealer-conducted background check requirement for virtually all transfers of firearms in America, either private or through licensees;
5. a requirement that handgun and semiauto owners keep a current address on file with the government;
6. with fairly narrow exceptions, a provision to make it unlawful for an individual to "recklessly" keep a loaded firearm (or an unloaded firearm and ammunition) which is used by a child to cause death or serious injury;
7. the grant of virtually unfettered discretion for BATF to issue regulations and inspect dealers and possibly the homes of individuals who they allege are "holding" firearms for distribution in commerce.

S. 27 (McCain-Feingold): This "Incumbent Protection" bill would restrict the free speech rights of citizens who organize together (like GOA) to influence legislative policy. While this legislation claims to reform campaign finance laws, it would really eliminate the ability of groups like GOA to keep gun owners informed on how their legislators are voting.

Section 201 of the bill would require every group which makes over $10,000 in "electioneering communications" to file a statement describing the expenditures and stating the names and addresses of all $1,000+ contributors.

"Electioneering communication" is defined as "any broadcast, cable, or satellite communication which... refers to a clearly identified candidate... and... is made within... 60 days before a general... election... or... 30 days before a primary [provided that the communication] is made to an audience that includes members of the electorate...."

Hence, appearances by GOA on TV or radio in favor of or opposition to gun-related legislation would be "electioneering" if politicians decided our appearances were not "editorials" or "news."

There is a more far-reaching problem, however: If legislative advocacy -- or even legislative discussion -- which mentions a candidate is suddenly defined as "electioneering," then the tax status and the very existence of every constitutionally conservative group like GOA is in jeopardy. This is because, as a general rule, non-profit organizations are not allowed to engage in partisan politics. Moreover, if legislative advocacy is placed into the category of political advocacy, Supreme Court decisions have given the government much more leeway in regulating and eliminating it.

S. 79 (Helms): This bill removes the anti-gun animus of the Gun-Free Schools Act of 1994 and redirects the act toward a more balanced effort to provide for safe schools, particularly schools plagued with illicit drug problems.

S. 134 (Feinstein): This bill would prohibit the import of semiauto magazines.

S. 304 (Hatch, Leahy, Biden, et al.): This is the Hatch anti-drug bill. It would involve stepped-up sanctions for "violent juvenile offenders" who used guns to commit crimes (e.g., they would not be included in programs for non-violent drug offenders in some cases).

S. 330 (Torricelli): This is the Senate counterpart to H.R. 671. It would give BATF complete regulatory authority over the design, manufacture, and performance of firearms and ammunition. BATF could (1) order recalls, (2) ban firearms, (3) conduct unlimited inspections. In addition, manufacturers would be required to label firearms and notify BATF of new models. "Stockpiling" would be prohibited. Violations would be punishable by (1) a civil penalty of up to $20,000 for firearm, (2) injunctions, (3) seizure, (4) a private right to sue, (5) up to 2 years in prison.

S. 406 (Torricelli): This bill would impose a one-gun-a-month restriction on the purchase of handguns.

S. 416 (Kerry, DeWine, Boxer, Kohl): This bill would give the Consumer Product Safety Commission the jurisdiction to promulgate regulations governing trigger locks.

S. 436 (Kohl et al.): This bill would impose civil penalties on any licensee who transferred a handgun without a trigger lock. Not surprisingly, the government would exempt itself. The Consumer Product Safety Commission would be authorized to promulgate rules relating to trigger locks.

S. 442 (Campbell and Hatch): This bill would allow law enforcement personnel to carry concealed firearms nationwide.

S. 443 (Campbell): This bill amends chapter 44 of Title 18 of the United States Code to increase the maximum term of imprisonment for offenses involving stolen firearms.

S. 505 (Feinstein): This bill would treat 50 caliber firearms like machine guns, requiring registration and licensure. It would attempt to create fear of 50 caliber firearms by dubbing them "military sniper weapons."

S. 514 (Smith): This bill -- the Smith-Hostettler SAFE Act -- would grant national reciprocity for concealed carry license holders and for residents of states like Vermont which do not require concealed carry licenses.

S. 609 (Torricelli): This bill would (1) treat firearms parts like destructive devices for purposes of shipment, (2) outlaw assembling a firearm by someone other than an FFL, (3) increase to $500 the fee for firearms manufacturers, and (4) expand the category of machinegun parts which would be treated like assembled machineguns.

S. 610 (Torricelli): This bill would establish a $10,000,000 program for the purchase and destruction of firearms.

S. 619 (Dewine, Hutchinson, Warner, Allen, Helms, Hagel, Grassley, Santorum, Sessions): This bill would set aside up to $30,000,000 a year for states which establish mandatory prison sentences of at least five years for carrying a firearm during and in relation to a crime of violence, as defined by the Attorney General.

S. 649 (Feinstein): This bill would expand federally mandated sanctions against students to students who "[possess] a weapon at a school," even though another student brought the firearm to the school.

S. 659 (Craig, et al.): This bill would prohibit federal or state harassment suits against gun dealers or manufacturers for the unlawful use of their products by third persons. Like its House-passed counterpart, it would allow suits for "negligent entrustment" and "defect in design."

S. 695 (Dorgan, Bingaman, Byrd): This bill would standardize school report cards, and, in the process, require reporting to parents with respect to any firearm brought into the school by a student.

S. 679 (Biden et al.): This bill would expand programs providing federal funding to hire local police. In rural areas, these programs have tended to enhance the establishment of "speed traps." In urban areas, stated uses include "illegal... possession of alcohol" and "firearms... incidents."

S. 767 (Reed, 19 Other Democrats, Chafee): This bill would require an Instantcheck for any firearm transaction if "any part of [the] transaction" took place at a gun show (50 or more firearms offered for sale, transfer, or exchange). It involves a comprehensive scheme for registering and inspecting gun shows, keeping records on gun shows, and reporting to BATF with respect to the identity of exhibitors and transactions which took place there. Because a promoter who failed to "notif[y] each person who attends the gun show of the requirements [under the Brady Law]" would be subject to up to five years in prison (if two persons were not notified), this bill would effectively outlaw gun shows.

S. 819 (Milulski, Sarbanes, Leahy, Campbell): This bill would tweak the Law Enforcement Officers Retirement Equity Act, using, for example, authorization to carry a firearm as a factor to establish coverage.

S. 866 (Kohl, Durbin, Schumer, Corzine, Feinstein, Reed, Lautenberg): This bill would require an individual to effectively buy a safety lock with the purchase of any handgun, irrespective of need. It would provide for civil penalties and license suspension or revocation in the event of non-compliance, and would put the Consumer Products Safety Commission in charge of promulgating standards for the devices.

S. 890 (McCain): This is the McCain bill to impose Instantchecks on private transactions at gun shows. It maintains the most undesirable features of last Congress's proposal and would, for instance, provide for imprisonment of the board of a gun show-sponsoring organization for five years if a single attendee of the gun show were not notified of "the requirements of this chapter, in accordance with such regulations as the Secretary shall prescribe." Obviously, if this bill were passed, an organization would be foolish to even sponsor a gun show. In addition, the bill would:

coerce the states to spend large amounts of money to make more records more immediately available to the feds (including records which would identify illegal aliens) by offering a 24-hour Instantcheck in return efforts to achieve an unattainable compliance level;

increase penalties for gun-related offenses, including record-keeping violations;

create a $218,000,000 a year program to expand BATF and Project Exile.

S. 906 (Enzi): This version of the "Smith Amendment" would outlaw the gun tax and prohibit the use of Instantcheck records to create a national firearms registry.

S. 924 (Biden): This bill is the Senate version of H.R. 2009. It would generally expand the role of the federal government in local policing. It would expand tracing of firearms confiscated at schools -- and the role of the federal government in dealing with "firearms-related incidents."

S. 940 (Dodd, Kennedy, Wellstone): This bill, the so-called "Leave No Child Behind Act of 2001," is the Democratic education bill. It contains, in section 11001, the Democratic version of the gun show Instantcheck requirement. This version would effectively shut down gun shows by imposing prison sentences on gun show promoters who fail to notify EVERY attendee of his responsibilities under the Brady Act. Finally, in section 11101, it would effectively impose a gun tax by requiring every person purchasing a handgun from a licensee to also purchase a trigger lock, irrespective of need.

S. 1236 (Feinstein, Hatch): This bill is the most recent incarnation of the Hatch attempt to create federal criminal penalties for gang membership. It would prohibit:

aid for, recruitment for, and participation in "criminal street gangs"; and

use of minors as criminal intermediaries.

In addition, it would stiffen and increase penalties for a wide variety of current offenses, including, for example, witness tampering, and would create a federal program to provide funds for law enforcement in high-crime areas.

Conservatives may have conceptual problems with this most recent incursion in what would seem to be the very core of state authority.

However, the central battle over earlier drafts of this bill was previous language which could have defined gun clubs or gun manufacturers as "criminal street gangs." Hatch has responded to GOA's concerns on this point, and it seems that the bill has been sanitized of these gun-specific implications.

This is not to say that a bill which includes as a predicate for "criminal street gang" the "threatened use of physical force against... property" does not have problems of overbreadth.

S. 1253 (Schumer, Kennedy, Feinstein, Clinton, Torricelli, Corzine, Boxer, Reed): This bill, which is the Senate counterpart to H.R. 2778, would require the FBI to retain Brady Instantcheck records for at 1east 90 days.

S. 1355 (Durbin, Kennedy, Levin, Reed, Schumer): This bill would, in most cases, make it a crime to keep an unlocked firearm in your home for self-defense, if a juvenile obtains access to the firearms and causes death or serious injury.

S. 1451 (Reid): This bill provides for the conveyance of certain public land in Clark County, Nevada, for use as a shooting range.

S. 1555 (Feinstein, Leahy, Akaka): This bill would:

create a federal policy prohibiting the export of all firearms that "might be used for internal repression or international aggression";

create a federal policy of increasing "checks" of firearms transfers, whether international or domestic;

create a federal policy that anyone "engaged in small arms brokering," whether foreign or domestic, obtain a license from the State Department "for each transaction";

create a federal policy prohibiting the export "to commercial end-users" of semiautomatics "or related equipment";

attempt to force the White House to negotiate arms agreements to establish international regulation for firearms transfers, including criminalizing, for purposes of international law, "the... possession... of illegal small arms";

create a large number of other miscellaneous anti-gun reporting requirements and policy declarations.

S. 1601 (Reid): This bill provides for the conveyance of certain public land in Clark County, Nevada, for use as a shooting range.

S. 1663 (Smith): This bill would prohibit any federal bureaucrat from barring armed pilots on commercial airlines.

S. 1996 (Smith): This bill would do away with frivolous anti-gun lawsuits by (1) limiting plaintiffs' legal fees to $150 an hour, and (2) requiring frivolous anti-gun plaintiffs to pay the legal fees of defendants.

S. 1788 (Schumer, Kennedy, Reed, Torricelli, Levin, Boxer, Corzine): This bill would require that Instantcheck "audit files," containing information about all gun purchasers, be retained for not less than 90 days and be made available to all law enforcement personnel with respect to both civil and criminal inquiries.

S. 2091 (Torricelli): This bill would (1) criminalize the interstate transportation of more than four firearms per year for the purpose of transferring those firearms from a non-licensee to other non-licensees, and (2) impose criminal penalties up to a 25-year mandatory minimum prison sentence, in addition to criminal and civil liability under the Racketeer Influenced and Corrupt Organizations Act (RICO).

S. 2268 (Miller, Craig): This bill would protect gun dealers and manufacturers from frivolous lawsuits if they registered with the Secretary of Commerce.

S. 2480 (Leahy): This bill amends Title 18 of the United States Code to exempt qualified current and former law enforcement officers from state laws prohibiting the carrying of concealed handguns.

S. 2539 (Corzine): This bill would prohibit the use of federal funds to argue that the Second Amendment is an individual right.

S. 2554 (Smith, Miller, Murkowski, Bunning, Burns, Thurmond, Campbell, Hutchinson, Crapo, Thomas, Enzi, Inhofe, Sessions): This bill is a considerably expanded version of S. 1663. It would:

require the government to authorize and deputize any qualified pilot wishing to carry a firearm for the protection of aircraft, passengers, and crew;

create a program for training flight attendants in self-defense and threat assessment.