H.R. 3 (McCollum, Barr, et al.): In Title III, this bill would create an "Armed Violent Youth Apprehension Directive," mandating that each U.S. Attorney appoint at least one assistant to prosecute "armed violent youth," appoint a task force on "armed violent youth," and comply with special reporting requirements on "armed violent youth." Any youth convicted of any gun crime -- including paperwork violations -- would be defined as an "armed violent youth." The result is an inflated assessment of the "youth violence" problem in America which could very well fuel even more anti-gun attacks on the simple firearms possession for self-protection or lawful sporting activities.
H.R. 12 (Schumer): This bill would impose a one-gun-a-month limit on handgun purchases.
H.R. 26 (Barr): This bill would apply the Lautenberg
"Domestic Gun Ban" amendment to certain misdemeanors after
September 28, 1996. The bill does not fully repeal the
Lautenberg gun control act, and as a result, leaves this gun ban
in the federal code. With this law still on the books, it will
be very easy for Congress to extend the ban -- and thus, to deny
Americans their Second Amendment rights for other small offenses
as well. For more information, see:
Analysis of H.R. 26, H. R. 445, H. R. 1009 and S. 262
H.R. 27 (Bartlett): This bill, the Citizens Self-Defense Act, would protect citizens, who use a gun in self-defense, from anti-gun prosecutors.
H.R. 85 (Slaughter): This bill would license and check explosives purchasers, exempting black and smokeless powder under five pounds from some -- but not all -- of the federal explosives provisions.
H.R. 102 (Barr): This bill would require the Instant Check
System to go into effect on November 28, 1997. For more
information, see:
Analysis of H.R. 102
H.R. 115 (Conyers): This bill would prohibit the transfer of a firearm to or the possession of a firearm by a person who is intoxicated.
H.R. 116 (Conyers): This bill would outlaw "junk guns." In addition, it outlaws the manufacture or importation of any firearm that (1) does not have a trigger lock or other device to prevent a child from discharging it; (2) does not have a device to prevent a firearm with a removable magazine from discharging when the magazine has been removed; and (3) does not, in the case of a handgun, have a device to indicate whether the magazine or chamber contains a round of ammunition.
H.R. 186 (Hastings): This bill would do the following:
* Sections 1 and 5 delineate the short title and the definitions under the bill.
* Section 2 would provide that a federal handgun registration system would apply to states without state handgun registration systems. It would also lay out requirements which the state handgun registration systems would have to meet, including a twelve year mandatory minimum prison sentence for any "serious violation." If, for instance, a high caliber unregistered handgun was "readily available to the violator" at the time of the commission of a paperwork violation, he would be required to be imprisoned for NO LESS THAN twelve years.
* Section 3 would set up the federal handgun registration system requiring that every person possessing a handgun in a state without a state handgun registration system must be registered, normally through the dealer from whom the handgun was purchased. Failure would subject the gun owner to a MANDATORY MINIMUM PRISON SENTENCE OF FIFTEEN YEARS.
* Section 4 would provide that most federal aid under the 1968 crime act would be suspended in states without a state handgun registration system.
H.R. 218 (Cunningham): This bill would allow national concealed carry by current and former law enforcement officers.
H.R. 339 (Stearns): This bill would establish concealed
carry reciprocity, although as written, it does not grant
reciprocity to citizens who come from genuine right to carry
states. For a more detailed analysis, see:
Analysis of H. R. 339
H.R. 361 (Towns): This bill requires the Consumer Product Safety Commission to ban toys which in size, shape or overall appearance resemble real handguns.
H.R. 424 (Myrick): The bill would increase mandatory minimum federal penalties for possessing firearms during and in relation to crimes of violence by, for example, providing for the death penalty when death results.
H.R. 445 (Stupak): This bill would make the Lautenberg
"Domestic Gun Ban" amendment inapplicable to agents of government
entities (i.e., police and servicemen). For more information,
see:
Analysis of H.R. 445, H.R. 26, H. R. 1009 and S. 262
H.R. 454 (Ackerman): This bill would create enhanced penalties for (1) crimes against children and seniors; (2) crimes against children and seniors in which the defendant used body armor; and (3) crimes against children and seniors in which the defendant used a laser sighting device.
H.R. 476 (Gutierrez): This bill would outlaw "non-sporting handguns."
H.R. 492 (Schumer): This bill would outlaw "junk guns."
H.R. 538 (Manton): This bill would prohibit the manufacture, importation, transport, shipment, distribution or receipt "of any explosive material that does not contain an identification taggant and a detection taggant." The bill exempts any material (ammuniton, etc.) that would be used by the Department of Defense or another government agency. This bill, without creating an exemption for black and smokeless powders, would inevitably result in placing taggants in hand-loading and over-the-counter ammunition. Not only does tagging these items pose a physical danger, it would also mean registering ammunition sales. After all, the whole purpose for putting taggants in explosives or ammunition is to "register" the purchaser, so as to help (supposedly) the authorities find the criminal by following the trace left by the taggant.
H.R. 741 (Young): This bill claims to codify regulations under the Migratory Bird Treaty relative to hunting migratory birds. It would prohibit hunting migratory birds with a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, shotgun holding over three shells, etc. No bird could be taken from a vehicle, using live birds as decoys, or using recorded bird sounds.
H.R. 787 (Owens): This bill would do the following:
* Sections 1, 2, 4, and 5 delineate the short title, findings and declarations, rules of construction, and effective date of this bill.
* Section 3 would ban the manufacture, import, export, sale, or possession of any handgun (a gun designed to be fired with one hand) or handgun ammunition, unless it fell within one of the exceptions listed below. The only exceptions would be handguns used by the military, law enforcement officials, licensed security guard services, and licensed gun clubs. The Secretary of the Treasury (i.e., BATF) would license gun clubs and could issue a license only if (1) no "prohibited person" was a member of the gun club (this would presumably require that BATF be given a list of members); (2) no member of the club had EVER willfully violated ANY regulation relating to firearms, no matter how minor; (3) the club was founded for target shooting purposes, has one location, and complies with federal government regulations which would be promulgated to govern its use. Police would be required to keep the handguns used by the club when they were not in use. New recordkeeping requirements would be imposed on handgun users, etc., but handgun owners would be allowed to turn in their guns to the police in exchange for their fair market value. As a general rule, violation of the law would subject the violator to five years in prison.
H.R. 788 (Owens): This bill would do the following:
* Sections 1, 2, 501, 502, 601, and 602 delineate the short title, purposes, rules of construction, definitions, and effective date for the bill.
* Section 101 would give BATF comprehensive authority to regulate the "design, manufacture, and performance of, and commerce in, firearm products..."
* Section 102 would allow BATF to prohibit any "firearm product," require firearms recalls, and conduct whatever inspections it deems necessary.
* Title II would make it illegal to (1) fail to comply (and certify compliance) with any regulations BATF decides to promulgate under this bill; (2) fail to notify BATF of proposed new types of firearms; (3) fail to adequately label a firearm; (4) fail to allow any inspection BATF demands; or (5) "stockpile" firearms.
* Title III would impose a "civil penalty" (initially $5,000 "per gun") for violation. This "civil penalty," which would not require the standards of due process and proof applicable to criminal prosecutions, would, in most cases, put a manufacturer or dealer out of business. In addition, injunctions, seizure of firearms, prior restraint, and private harassment actions against firearms manufacturers, dealers, etc., would be authorized. Felony sentences involving up to two years in prison would also be authorized.
* Title IV would authorize BATF to conduct comprehensive anti-gun activities, including anti-gun studies, investigations, "clearinghouses," etc.
H.R. 810 (Schumer): This is the House version of the Democratic juvenile crime bill. Among other provisions, it would:
* Impose a lifetime gun ban on a person who committed "an act of juvenile delinquency" while a child (section 2121);
* Require locking devices on firearms (section 2122);
* Create an across-the-board crime of "conspiracy" to commit a firearms violation -- including recordkeeping violations -- which would be punished at the same level as the underlying crime (section 2125);
* Apply the Racketeer Influenced and Corrupt Organization Act (RICO) to most firearms violations (section 2131);
* Give BATF comprehensive authority to make regulations governing the storage of firearms inventories (section 2133);
* Create a $10,000 per firearm civil penalty, plus a potential FFL suspension, for any willful violation of any firearm rule or regulation (section 2134);
* Establish five year prison sentences for the negligent sales of firearms which are subsequently used in serious crimes (section 2135);
* Create expanded "civil forfeiture" provisions for guns used in crime (section 2138 and 2139).
H.R. 814 (Blumenauer): This bill would impose a civil penalty for knowingly or negligently leaving a firearm and ammunition where a juvenile might get a hold of them. Every dealer selling a firearm would be required to offer to sell a trigger locking device to go with the firearm.
H.R. 826 (Ney): This bill would create a federal felony for taking a gun away from any tens of thousands of specially protected federal bureaucrats, including BLM, FBI and IRS agents.
H.R. 844 (Hastings): This bill would prohibit selling a firearm to anyone who is an alien and not lawfully admitted for permanent residence in the U.S.
H.R. 949 (Lowey): This bill would prohibit selling a firearm to anyone who is an alien and not lawfully admitted for permanent residence in the U.S.
H.R. 1009 (Chenoweth): This bill would repeal the entire
Lautenberg gun ban. Entitled the "States' Rights and Second and Tenth
Amendment Restoration Act of 1997," the bill goes much further
than the other half-baked "repeals" which still leave the Lautenberg
gun ban in the federal code to apply for the future. For more
information, see:
Analysis of H.R. 1009, H.R. 26, H.R. 445 and S. 262
H.R. 1044 (Millender-McDonald): This bill would prohibit the manufacture or transfer of any firearm without a child safety lock. It would impose a $1,000 civil penalty for violation ($5,000 for firearms licensees).
H.R. 1047 (Schumer, McCarthy, et. al.): This bill would prohibit a licensee from selling a firearm unless it had a safety lock and a warning that failure to use the lock could subject the owner to civil and criminal liability. It would impose a $10,000 civil penalty and license suspension for violation. The government would be exempt.
H.R. 1074 (Millender-McDonald): This bill would prohibit the manufacture or transfer of any firearm without a child safety lock. It would impose a $1,000 civil penalty for violation ($5,000 for firearms licensees).
H.R. 1084 (Ackerman): This bill would require an applicant under the Brady Bill to state that he is "not subject to a court order that restrains [him] from harassing, stalking, or threatening an intimate partner."
H.R. 1096 (Ackerman): This bill would deny the right to possess a firearm (other than by diplomats and their guards or for lawful hunting and sporting purposes) to illegal aliens, persons admitted under a non-resident visa, and persons who have been in the United States for less than a year.
H.R. 1146 (Paul): This bill would pull the United States out of the anti-gun United Nations. In recent years, the U.N. has been quietly moving to "harmonize" gun control laws worldwide and is seeking ways to lead member states (like the U.S. ) down the road to stricter gun control laws.
H.R. 1147 (Paul): The "Second Amendment Restoration Act of 1997" repeals the Clinton gun control provisions that passed as part of the 1994 crime bill. Thus, H.R. 1147 repeals the ban on more than 180 types of semi-automatic firearms and repeals the ban on large capacity magazines (that is, clips that hold over 10 rounds of ammunition).
H.R. 1147 also repeals the other draconian gun control
provisions in the 1994 crime bill, which have helped to drive
more than 50% of the gun dealers out of business. The 1994 crime
bill states that gun dealers can not operate a business unless
"the requirements of State and local law applicable to the
business have been met." This means the BATF now has arbitrary
authority to use zoning laws to shut down gun dealers. And in
fact, this has greatly contributed to the massive drop in
federally licensed firearms (FFL) dealers. FFL's have now
plummeted nearly 57 percent to the lowest level in 22 years --
for a total of more than 150,000 dealers who have lost their
licenses. For more information on the 1994 crime bill's assault
on gun dealers, see:
Analysis of how H.R. 1147 protects gun dealers
H.R. 1228 (Ackerman): This bill would prohibit a person convicted of a violent felony or serious drug offense from ever having his right to possess a firearm restored, even if the person's civil rights are restored by the state or his conviction is expunged.
H.R. 1250 (Schumer): This bill would ban any projectile that "may" be used in a handgun and that the Secretary of the Treasury (BATF) determines "is capable of penetrating body armor."
H.R. 1264 (Schumer): This bill would prohibit a non-licensee from transporting (or "conspiring" to transport) more then four firearms from one state to another during a twelve month period. The penalty would be a three-year mandatory minimum sentence for a first offense involving a small number of firearms. A number of gun-related offenses, including possession of a firearm by a prohibited person, making false statements, and negligently receiving a stolen firearm, would be RICOized.
H.R. 1349 (Kennedy, Joe): This bill would reregulate ammunition and would ban any ammunition which the Secretary of the Treasury (BATF), in his unfettered discretion, has determined to constitute "armor piercing ammunition" under BATF's "performance-based standards." Gun manufacturers would be required to pay for all testing.
H.R. 1473 (Blagojevich): This bill would expand the current handgun ban from persons younger than 18 to persons younger than 21.
H.R. 1501 (Molinari): Section 5 of this bill would imprison, for up to twenty years, any "unauthorized" person who carries a firearm on a train or into a train station.
H.R. 1570 (Kennedy, Patrick): This bill would ban the importation of firearms which are curios and relics, and would require a report on foreign-made firearms that are curios or relics.
H.R. 1720 (Dingell): This is the Democratic transportation safety bill. It creates a new crime for possessing a firearm aboard a vehicle of mass transportation which is punished as a (1) misdemeanor for simple possession; (2) five-year felony if the person intended to use the firearm; and (3) a murder-level felony if he attempts to kill another person. Law enforcement, military, and inaccessible checked luggage (after notification) exceptions are available. (Section 13004.)
H.R. 1726 (Furse and others): This is a new Democratic health and welfare bill. Its gun-related provisions include the following provisions in section 304:
* A child safety lock requirement that the lock be an integral part of any firearm transferred in the U.S., imposing civil fines of up to $25,000 and requiring signs which may expand civil liability for storing a firearm;
* A new misdemeanor for leaving a loaded firearm or an unloaded firearm and ammunition with a minor; and
* Mandated studies on trigger locks by the Department of Justice and the Centers for Disease Control.
H.R. 1745 (Schumer): This is the Democratic version of H.R. 1965. It is somewhat broader, but has many of the same problems as H.R. 1965.
H.R. 1757: This is the House version of the State Department authorization. Its firearms-related provisions deal with international arms control and military assistance.
H.R. 1965 (Hyde and Conyers): This bill would set up comprehensive rules for civil forfeiture ordered by a government agency. Some of the bill codifies or even improves current law. But much of it makes current law much worse.
Under H.R. 1965, the rights of gun owners or gun dealers would be considerably diminished. Consider the following examples:Let's say that three limited partners own a gun shop, and that BATF decided to come in and seize their business. Under H.R. 1965, BATF could seize the business without a warrant if there were probable cause to believe the property was subject to forfeiture (section 5). There would also be a broad definition of their personal assets which BATF could seize because they were "proceeds" of the business (section 2).The partners would not have to be notified until well after the seizure, and would lose their interest in the business if they did not act within 30 days -- and, even then, they may be unable to receive compensation for their interest in the business (section 2).BATF could conduct a fishing expedition against the firearms dealer without probable cause, and it could use hearsay evidence against him in initial proceedings (section 2). The dealer's right to raise an Eighth Amendment objection to the seizure would be seriously limited, and he would have to demonstrate an extraordinary showing of hardship to get a court to order the BATF to temporarily return the business to him pending trial (section 2).If it turned out that BATF had made a mistake, its liability to the gun dealer would be limited (section 4).
In addition to the above, the bill would provide for the following procedures:make it particularly difficult to assert an interest in property, such as a lien, if the interest was acquired after the property began being used for the activity which subjected it to the forfeiture (section 2);expand the ability of the federal government to demand records located in foreign countries (section 6);force the U.S. to enforce foreign forfeiture orders in cases involving all but the most egregious violations of human rights (section 10);create broad forfeiture provisions for legitimate pharmaceutical companies which, under federal "strict liability" standards, engage in violation of federal food and drug statutes (section 39).
In short, as a general rule, H.R. 1965, which was demanded by a power hungry Reno-directed Justice Department, would, much more often than not, codify procedures which further diminish the rights of persons against whom the federal government seeks forfeiture. This a procedure which has been abused even under current law.
H.R. 1996 (Yates): This bill would prohibit the importation, manufacture, sale, purchase, transfer, receipt, or transportation of handguns except when authorized by Treasury (BATF), usually in connection with licensed gun clubs, or in connection with law enforcement or the military, penalizing violation with five years imprisonment.
H.R. 1998 (Yates): This bill would require the registration of all firearms, and would require a permit issued by the federal government (BATF) for possession of any firearm. The penalty for failure to register would be ten years imprisonment.
H.R. 1999 (Yates): This bill would revisit the armor piercing bullet issue, prohibiting any ammunition which could pierce body armor, under whatever standards BATF chose to promulgate.
H.R. 2159 (Callahan): This is the conference committee version of the Foreign Operations Appropriations Bill. The most significant gun-related provision is appropriations for part of the U.S. payments to the United Nations, which is currently engaged in an anti-gun crusade. The State-Justice-Commerce Appropriations Bill contains the major portion of U.S. contributions to the UN.
H.R. 2184 (Bryant): The bill would authorize an employer to require a background check (including a fingerprint check) of security guards by the Attorney General.
H.R. 2255 (Kleczka): This bill would make the gun ban on domestic violence misdemeanors under the Lautenberg Amendment inapplicable to government officials engaged in their official duties.
H.R. 2264 (Porter) and S. 1061 (Specter): These are the Senate and House versions of the Labor-HHS Appropriations Bill. The most important gun-related provision would continue the prohibition on the Centers for Disease Control from using funds for the purpose of advocating gun control.
H.R. 2267 (Rogers): This is the State-Justice-Commerce Appropriations Bill, which funds the Brady Bill ($45,000,000), FBI, Justice Department, Legal Services Corporation, most of the UN expenses, etc.
H.R. 2294 (Coble): This bill, the "Federal Courts Improvement Act," would give U.S. "judicial officers" broad authority to carry concealed or nonconcealed firearms under regulations promulgated by the Judicial Conference.
H.R. 2340 (Kelly): This bill, similar to the McCollum amendment to H.R. 424, would provide for stepped-up mandatory minimum sentences for possessing or brandishing a firearm during and in relation to a crime of violence.
H.R. 2342 (Kleczka): This bill would allow gunsmiths to apply for federal licenses, notwithstanding non-compliance with local zoning standards.
H.R. 2353 (Nadler): This bill would make it unlawful to train "in the use, application, or making of any firearm ... knowing or having reason to know ... that the same will be unlawfully employed ... in furtherance of a civil disorder." The intent appears to be to prohibit training anyone associated with a "paramilitary group."
H.R. 2359 (Rothman): This bill would require BATF to issue minimum safety standards for gun shops, covering items such as security of the premises and storage and handling of firearms.
H.R. 2362 (Schumer): This bill would allow a lawsuit by any person who reasonably perceives that his right to participate in government is threatened. The ostensible purpose is to get at "paramilitary groups." Stepped-up penalties would also be provided for persons who commit certain offenses against federal officials with a "deadly weapon."
H.R. 2378 (Kolbe): This is the Treasury-Postal Appropriations Bill. Most importantly, it would reauthorize the BATF at $478,934,000. It would prohibit funds for (1) consolidating or centralizing firearms records; (2) changing the definition of "curios and relics"; and (3) acting on applications of relief from disabilities.
H.R. 2413 (Smith, Lamar): This bill, which would make technical changes in the immigration laws, would make a alien inadmissible if he has ever committed virtually any gun offense.
H.R. 2610 (Hastert): This bill, which was passed by the House, would reauthorize the National Drug Control Policy Office. It includes targets for reducing drug-related gunshot wounds.
H.R. 2621 (Archer): This so-called "fast track" bill would allow the Clinton administration to go forward with legislation to extend the North American Free Trade Agreement (NAFTA) to other Latin American countries in a form which could not be filibustered or amended in Congress. There is certainly a possibility that the Clinton-sponsored bill will contain import-export restrictions on firearms, which Second Amendment advocates will not be able to strip from the legislation.
H.R. 2673 (Milender-McDonald): This bill would prohibit the "transfer" of a firearm (or manufacture of a handgun) without a trigger lock. The offender would be subject to a $5,000 civil penalty ($10,000 to $25,000 for a licensee) and mandatory license suspension. Under similar civil penalties, licensees would also have to post warnings which could expand the civil liability of firearms owners, dealers, and manufacturers. Finally, the bill would make it a crime to leave an unloaded firearm and ammunition (or a loaded firearm) with a minor, a provision which presumably includes leaving an unloaded firearm and ammunition in one's own home.
H.R. 2702 (Schumer): This bill would allow a ban on the import of firearms which have been "cosmetically altered to avoid" the semiautomatic ban.
H.R. 2721 (Paul): "The Second Amendment Protection Act of 1997," will repeal the Brady Law (with its waiting period and instant "registration" check); the Clinton 1994 ban on semi-automatics and gun magazines; and the "sporting purposes" test from federal law -- a test which has been used by Presidents Bush and Clinton to ban the importation of certain semi-automatic firearms.
H.R. 2722 (Paul): This is a national reciprocity bill for the right of
concealed carry. This bill does not establish a "National
Standard" for carrying concealed firearms -- as does the other
reciprocity bill (H.R. 339) 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. 2722 simply applies the Constitutional
"Full Faith and Credit" section (Article IV) to the carrying of
concealed firearms. Also, unlike H.R. 339, 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. See:
Analysis of H.R. 339
H.R. 2734 (Barr): This bill would require that the government allow an applicant to import a firearm if (1) it is being imported for scientific, training, or competition purposes; (2) in general, it is unserviceable; (3) it is not a firearm covered by the National Firearms Act (shortbarrelled shotgun, machinegun, etc.) or the 1994 semiautomatic ban; or (4) it is being reimported by the person who exported it.
H.R. 2769 (Schumer): This bill allows the designation of a chief law enforcement officer other than the chief law enforcement officer of a handgun purchaser's place of residence for purposes of conducting a Brady check, if the local law enforcement officer is not viewed as sufficiently diligent in conducting Brady checks.
H.R. 2774 (Blagojevich): This bill would prohibit a licensee from transferring a handgun to another person unless the person certified that he was not subject to a restraining order with respect to an "intimate partner" or child.
H.R. 2880 (Andrews): This bill would withhold up to 10% of a state's federal highway funds unless it conducted background checks under the Brady Law.
H.R. 2935 (Ackerman): This bill would withhold up to 25% of a state's federal funds under the Omnibus Crime Control and Safe Streets Act unless it conducted background checks under the Brady Law.
H.R. 2984 (Barr): This bill would require that the possession of a firearm in a school zone must "violate the law of the State . . . in which the school zone is located" in order to be a violation of federal law prohibiting possession of a firearm in a school zone. Thus, a person who was carrying a firearm in a wholly legal manner within a school zone could not be prosecuted at federal law under the Kohl amendment. While this bill would take care of some of the serious problems with the "safe schools" provisions, it would fall far short of complete repeal in one important respect: Under the Barr bill, a person whose possession of a firearm within a school zone violated a minor state infraction would be bootstrapped into a major federal felony.
H.R. 3075 (Rogan): This bill would add a five-year mandatory minimum sentence for carrying a firearm during and in relation to a crime consisting of bringing illegal aliens into the country and/or harboring them.
H.R. 3514 (Conyers): This is a reauthorization of the Violence Against Women Act. Policies behind the original Violence Against Women Act have resulted in state legislation in many states which would require that firearms be seized from an accused spouse abuser-- sometimes without notice or hearing as a result of an ex parte order. Among the provisions of this reauthorization is a section which would expand the definition of a "prohibited person" to include a person who is intoxicated.
H.R. 3646 (DeGette): This bill would make it unlawful to import a "large capacity ammunition feeding device." In addition, it would extend the ban on transfer of "large capacity ammunition feeding devices" to those which were manufactured before the 1994 crime bill became law.
H.R. 3666 (Martinez): This is the reauthorization of the federal school lunch program. Among other things, it would permanently bar the participation of any vendor convicted of selling firearms in exchange for food vouchers.
H.R. 3745 (McCollum): This bill expands federal money laundering statutes. Among other things, it would expand the predicates for money laundering to include "smuggling or export control violations involving munitions listed in the United States Munitions List."
H.R. 3833 (Blagojevich): This bill would require gun show sponsors to be licensed for that purpose by the federal government (including fingerprints, etc.). If BATF illegally refused to take any action with respect to a gun show applicant, the applicant would have to take BATF to court in order to force action. Comprehensive information concerning gun show transfers would have to be provided to the sponsor, who would be required to turn them over to the BATF. Failure to comply could subject the sponsor to up to five years in prison.
H.R. 3895 (Kennelly): This bill would:
award grants out of the National Institute of Justice to study firearms safety (section 3);
create an Independent Panel on Firearms Safety and a Technical Study Group on Firearms Safety (sections 4 and 5).
H.R. 3949 (Barr): This bill would ban the fee for completing an Instant Check and prohibit the retention or transfer of Instant Check information after 24 hours.
H.R. 3954 (Barr): This bill would require that a license to import firearms be granted unless the firearm is a prohibited automatic or semiautomatic.
H.R. 4073 (McCarthy et al.): This bill is the chief liberal initiative for using the pretext of protecting children in order to impose gun control. It would:
ban any gun which BATF, in its discretion, designated an "unsafe handgun" because it did not comply with any of a series of Treasury requirements, including the requirement that it did not possess every characteristic BATF, in its discretion, determined to be necessary in order to insure that it was not discharged by "unauthorized users" (section 101);
set up a study by the Consumer Product Safety Commission to determine mechanisms for improving the safety of handguns (section 102);
extend the juvenile handgun ban to semiautomatics-- and extend the penalty for transferring the gun to a juvenile for use in a crime of violence from 10 to 20 years in prison (section 201 and 202);
provide for the automatic revocation of the license of any dealer who sells a firearm to a minor (section 301);
require two forms of identification for a person less than 24 years of age who desires to purchase a firearm (section 302);
give BATF open-ended authority to issue general "safety" standards for gun shops (section 303);
make it a crime if anyone keeps an unlocked firearm in his home and a juvenile gains access to it and "exhibits" it, provided that the person "reasonably should know" that the juvenile was capable of gaining access to it (section 402);
set up two national programs to study and/or make grants regarding "injuries to children resulting from firearms" (section 502) and children's firearms education (section 602);
expand Clinton's "Youth Crime Gun Interdiction Initiative" to a goal of 250 cities or counties by 2002 (section 701).
H.R. 4114 (Blagojevich): This bill would prohibit mail order sales of firearms and require the recordation of the sale of more the 1,000 rounds of ammunition.
H.R. 4137 (Young): This bill would repeal the Brady Act and the semiautomatic ban.
H.R. 4146 (DeFazio): This bill would use the promise of a 25% increase in certain federal juvenile justice grants to states which have laws (1) requiring students to be reported to police if a school official "has reasonable cause to believe" the student has a gun, (2) requiring up to 72 hours detention of the student by the police if there is "probable cause" to believe the student has carried a gun onto school premises.
H. Con. Res. 2 (Jackson-Lee): This resolution would express the sense of Congress that the government should vigorously go after "armed militia and other paramilitary groups," intimating that such groups are "armed conspiracies against the Government."
H. Con. Res. 28 (Crane): This resolution would provide that it is the sense of Congress that the Second Amendment right to keep and bear arms supersedes the authority of government.
H. J. Res. 61 (Owens): This constitutional amendment would provide that the right to keep and bear arms is a right of states only, and not of individuals.
H. Con. Res. 70 (Vento): This resolution would express the sense of the House and Senate that state and local governments should be encouraged to enact legislation to "protect young people," including a prohibition on firearms in public facilities by anyone other than law enforcement.
H.J. Res. 96: This resolution would grant congressional consent to amendments to the Washington Metropolitan Area Transit Regulation Contract. Among provisions which would be recodified and amended is one granting transit police the authority to carry and use weapons issued by the transit authority.
H. Res. 166 (Castle): This resolution expresses the sense of the House concerning violence on television, including handgun violence.
S. 1 (Coverdell): This bill, which embodies a large number of education-related provisions, creates a $50,000,000 "safe and drug-free schools initiative." Funding under that initiative is not available to an "unsafe school," evidenced, among other attributes, by "possession or use of guns or other weapons." Another program, among other things, is designed to discourage students from "using dangerous weapons" and to set up "gun hotlines." Hence, a scholastic program designed to teach the responsible use of firearms could conceivably disqualify a school for the $50,000,000 program -- at the same time as it would not qualify for the anti-"dangerous weapons" program.
S. 3 (Hatch, Craig, Lott, et al.): This bill is the Republican "Omnibus
Crime Control Act of 1997." For a detailed analysis, see:
Analysis of S. 3
S. 10 (Hatch, Craig, Lott, et al.): This bill is the Republican
juvenile crime bill. For a detailed analysis, see:
Analysis of S. 10
S. 15 (Daschle): This bill, the Democratic crime bill, would:
* Set up a program of "gun courts."
* Impose mandatory minimum sentences similar to section 521 in S. 3 for simple "possession" of a gun during and in relation to a crime of violence.
* Impose provisions similar to those in S. 10 relating to gangs and the transfer of firearms to juveniles.
* Impose provisions similar to H.R. 454 with respect to laser sights and body armor.
S. 43 (Helms): This bill would impose mandatory minimum sentences for "possessing" a firearm during and in relation to a crime of violence. Currently, the person must actually be carrying the firearm. The problem is that the definition of "violent felony" includes crimes as minor as threats against property. Hence if you are involved in a traffic screaming altercation -- and you have a gun in the glove compartment -- you could be sent away to prison for a MANDATORY MINIMUM PRISON SENTENCE of five, ten, or even twenty years. This provision would seem to impose special prison sentences for the fact that an offender is merely a gun owner.
S. 54 (Hatch/Harkin): This bill embodies the gang-related provisions of S. 10. (See S. 10 for analysis.)
S. 70 (Boxer): This bill would outlaw what it refers to as "junk guns." What would be classified as a "junk gun" would be almost exclusively the determination of BATF in regulations it issued to implement the handgun import ban in 18 U.S.C. section 925. But, at the very least, a handgun would be banned if BATF, in its own discretion, did not determine that it was "particularly suitable for or readily adaptable to sporting purposes...."
S. 112 (Moynihan): This bill would outlaw most ammunition by allowing the Secretary of the Treasury to make a determination that a particular type of ammunition is capable of piercing body armor and is therefore illegal.
S. 132 (Moynihan): This bill would ban ammunition which is "jacketed, hollow point" and which is "designed to produce, upon impact, sharp-tipped, barb-like projections."
S. 133 (Moynihan): This bill would impose a "special tax" on importers and manufacturers of handgun ammunition of $10,000 a year for each place of business.
S. 134 (Moynihan): This bill would require ammunition importers and manufacturers to keep records of the disposition of ammunition and to submit an annual summary.
S. 135 (Moynihan): This bill would create a "Bullet Death and Injury Control Program" within the Centers for Disease Control. It would also impose a 1,000 percent tax on 9 millimeter, .25 caliber, and .32 caliber ammunition, and would incorporate the reporting provisions of S. 134.
S. 136 (Moynihan): This bill would, for most purposes, ban .25 or .32 caliber or 9 millimeter ammunition.
S. 137 (Moynihan): This bill would impose a 1,000 percent tax on 9 millimeter, .25 caliber, and .32 caliber ammunition.
S. 168 (DeWine): This bill would:
* Require U.S. Attorneys to establish violent criminal apprehension task forces and to regularly report on the prosecution of gun crimes, including paperwork violations. This requirement will have the impact of shifting prosecutorial resources away from serious crime and toward prosecution of gun-related paperwork violations. This is because, if a prosecutor is required to give progress reports on prosecutions in one area, as opposed to others, he will tend to shift his resources toward those prosecutions with respect to which his success is being monitored.
* Expand pretrial detention for possession of firearms.
* Impose a five-year mandatory minimum sentence on a gun dealer who negligently transfers a firearm which is used in a crime of violence. Hence, a company such as Intertech could face an unfriendly prosecutor and court who would send its directors and officers away for a MANDATORY PRISON SENTENCE OF FIVE YEARS, based on the fact that it "should have known" that the firearms it manufactured were supposedly favored by Cuban gang members in Miami. Obviously, it won't take many of this kind of prosecution of dealers and manufacturers before the manufacture and sale of firearms comes to an end in America.
* Create a five year mandatory minimum prison sentence for possession of a firearm by a person who is prohibited from possessing it by virtue of conviction of a violent felony. This is true no matter how long ago the crime occurred. Hence a person who plea bargained a $25 fine fifty years ago in connection with a barroom brawl with respect to a crime carrying a potential prison sentence of over one year in prison would be sent away to prison for a minimum of five years, merely for possessing a firearm for self-defense.
S. 173 (DeWine): This bill would provide for background checks of private security guards.
S. 191 (Helms): This bill would impose mandatory minimum sentences for "possessing" a firearm during and in relation to a crime of violence. See analysis of S. 43.
S. 262 (Wellstone): This bill would apply the Lautenberg
"Domestic Gun Ban" amendment to certain domestic misdemeanors
on or after September 30, 1996. The bill does not fully repeal
the Lautenberg gun control act, and as a result, leaves this
gun ban in the federal code. With this law still on the
books, it will be very easy for Congress to extend the ban
-- and thus, to deny Americans their Second Amendment rights
for other small offenses as well. For more information,
see:
Analysis of S. 262, H.R. 26, H.R. 445 and H.R. 1009
S. 362 (Leahy and Biden): This is the Senate version of the Democratic juvenile crime bill. Among other provisions, it would:
* Impose a lifetime gun ban on a person who committed "an act of juvenile delinquency" while a child (section 2121);
* Require locking devices on firearms (section 2122);
* Create an across-the-board crime of "conspiracy" to commit a firearms violation -- including recordkeeping violations -- which would be punished at the same level as the underlying crime (section 2125);
* Apply the Racketeer Influenced and Corrupt Organization Act (RICO) to most firearms violations (section 2131);
* Give BATF comprehensive authority to make regulations governing the storage of firearms inventories (section 2133);
* Create a $10,000 per firearm civil penalty, plus a potential FFL suspension, for any willful violation of any firearm rule or regulation (section 2134);
* Establish five year prison sentences for the negligent sales of firearms which are subsequently used in serious crimes (section 2135);
* Create expanded "civil forfeiture" provisions for guns used in crime (section 2138 and 2139).
S. 380 (Durbin): This bill would bar the sale or possession of guns by a person who is an illegal alien or who has been admitted to the United States under a non-immigrant visa.
S. 428 (Kohl): This bill would prohibit a licensee from selling a firearm unless it had a safety lock and a warning that failure to use the lock could subject the owner to civil and criminal liability. It would impose a $10,000 civil penalty and license suspension for violation. The government would be exempt.
S. 466 (Lautenberg): This bill would prohibit the sale of more than one handgun a month. In addition, it extends to 35 days the period of time Brady Bill application records can be retained, and increases to five years the penalty for making an inaccurate statement in connection with a firearms purchase.
S. 488 (Kyl): This bill, the Kyl crime bill, is relatively clean compared to the Hatch proposals. It does contain some relatively innocuous firearms-related provisions, including sections to:
* Impose a federal death penalty for all murders committed with firearms (section 501);
* Impose a ten-year mandatory minimum sentence for using or carrying a firearm during or in relation to a crime of violence or drug trafficking crime (section 301);
* Impose a five-year mandatory sentence for possession of a firearm by a prohibited person who is prohibited by reason of a violent felony (section 302); and
* Impose a five-year mandatory minimum sentence for carrying a firearm during and in connection with a counterfeiting or forgery offense (section 303).
S. 534 (Dodd): This bill would require that a locking device accompany any handgun transferred by a licensee to a non-licensee. Failure to comply would subject the licensee to civil penalties and suspension of license.
S. 553 (Kerry): This bill would reregulate ammunition and would ban any ammunition which the Secretary of the Treasury (BATF), in his virtually unfettered discretion, has determined to constitute "armor piercing ammunition" under BATF's "performance-based standards." Gun manufacturers would be required to pay for all testing.
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. 658 (Torricelli): This bill would RICOize and impose a three year mandatory minimum prison sentence on any non-licensee who transports more than four firearms from one state to another during a 12-month period, with the intent of transferring those firearms to another non-licensee. Thus, a father or grandfather who naively takes 5 of his guns to give as a gift to his grown-up children or grandchildren in another state -- without first going through a gun dealer -- faces a three year MINIMUM jail sentence.
S. 707 (Lautenberg): This bill would prohibit any person from "carry[ing] a handgun on his or her person in public" unless the person was a law enforcement official or was specifically authorized to do so by the Attorney General, state law, or federal law. This, of course, would run roughshod over state concealed carry laws, as well as, "open carry" laws.
S. 718 (Domenici): This bill is a large juvenile justice reform package which, among many other things, in section 201, would require a state receiving a federal incentive grant to impose a mandatory minimum sentence for use of a firearm during a violent crime or drug felony. With respect to the issue of firearms only, this appears to be the least offensive of the juvenile justice reform bills which have been introduced.
S. 723 (Lautenberg): This bill would ban the importation of firearms which are curios and relics, and would require a report on foreign-made firearms that are curios or relics.
S. 763 (Helms): This bill would expand the Gun-Free Schools Act of 1994 to also require that a student be expelled and referred for prosecution if he carried an illegal drug or illegal drug paraphernalia onto school property, in addition to the 1994 act's requirement of expulsion for possession of a gun.
S. 796 (Torricelli): This bill would impose a federal death penalty for any person who intentionally kills another person while "doing business" without a license with respect to more than 24 firearms.
S. 816 (Craig): This is the Senate version of the Stearns
bill in the House, establishing national reciprocity for a person
carrying a "concealed carry" license from his home state. For a
more detailed analysis, see:
Analysis of H. R. 339 (S. 816)
S. 825 (Ashcroft): This is an Ashcroft-sponsored juvenile justice reform package. Among firearms-related provisions are sections which would:
* Impose a one-year mandatory minimum prison sentence for a parent violating the technical regulations governing the transfer of a handgun to a minor (section 107);
* Treat a firearms business as a criminal street gang if the business committed recordkeeping errors in connection with the business and the violations were found to be a "primary activity" of the business (section 133); and
* Treat gun owners, gun dealers, and gun manufacturers who commit any of a variety of technical gun-related violations as Mafia hit men for purposes of the Racketeer Influenced and Corrupt Organizations Act (RICO) (section 136).
S. 837 (Campbell): This bill would exempt current and former law enforcement officers from state laws prohibiting carrying concealed firearms.
S. 867 (DeWine): This bill would create a federal program to assist states in setting up recordkeeping systems with respect to juvenile delinquents and gangs. Illegal possession of a handgun would subject an individual to that federally-assisted tracking system.
S. 922 (Lautenberg): This bill would require BATF to issue minimum safety standards with respect to licensees, including standards governing the security of the building, alarms, etc., and would enforce those standards through a new set of BATF inspections.
S. 959 (Lautenberg): This bill would make it a federal crime to transfer a firearm, temporarily or otherwise, to a person who is intoxicated.
S. 989 (Dorgan): This bill would amend the Gun-Free Schools Act to specifically provide that evidence that a student brought a weapon to school shall not be excluded from a disciplinary proceeding because the evidence was obtained in violation of the Fourth Amendment.
S. 992 (Campbell): This bill would increase to 15 years the potential prison sentence for someone who negligently receives or transports a stolen firearm.
S. 1022 (Gregg): This is the Senate version of the State-Justice-Commerce Appropriations bill, which funds many of the Justice Department programs gun owners have objected to over the past few years, including a specific $45,000,000 setaside for Brady Law record upgrades.
S. 1023 (Campbell): This is the Senate version of the Treasury-Postal Appropriations Bill, including appropriations of $24,023,000, $10,000,000, $55,022,000, and $472,490,000 for various functions of the BATF. Electronic retrieval or centralization of firearms records (such as out-of-business 4473s) is specifically prohibited, as are changes in the definition of "curios" and "relics" and the expenditure of funds to relieve prohibited persons from disabilities.
S. 1050 (Jeffords): The bill, which would implement the Plan of Action of the World Summit for Children, speaks in its findings about the undesirability of the unauthorized presence of firearms in schools.
S. 1267 (McCain): This bill, entitled the "Intermodal Transportation Safety Act," criminalizes carrying a firearm aboard a train or any other instrumentality of mass transportation.
S. 1917 (Durbin): This bill would make it a misdemeanor, punishable by one year in prison, for a person to keep a loaded or unloaded firearm in his own home if (1) he has reason to believe that a juvenile has access to the firearm and (2) the juvenile obtains access to the firearm and displays it in a public place. A few largely ineffectual exceptions are provided.
S. 1984 (Lautenberg): This bill would extend the Brady Law to specifically require that a transferee state that he is not subject to a domestic restraining order.
S. 2022 (DeWine, Hatch, Leahy, et al.): This bill would give grants to states to facilitate the upgrading of state criminal identification records (for example, to implement Instant Check).
S. 2128 (Stevens): This bill would prohibit the imposition of a fee under the Instant Check system.
S. 2169 (Wyden): This bill, the Senate counterpart to H.R. 4146, would use the promise of a 25% increase in certain federal juvenile justice grants to states which have laws (1) requiring students to be reported to police if a school official "has reasonable cause to believe" the student has a gun, (2) requiring up to 72 hours detention of the student by the police if there is "probable cause" to believe the student has carried a gun onto school premises.
S. 2179 (Craig): This bill would prohibit the retention or transfer of Instant Check information after 24 hours.
S. 2185 (Kennedy): This bill is the Senate version of the chief liberal initiative for using the pretext of protecting children in order to impose gun control. It would:
ban any gun which BATF, in its discretion, designated an "unsafe handgun" because it did not comply with any of a series of Treasury requirements, including the requirement that it did not possess every characteristic BATF, in its discretion, determined to be necessary in order to insure that it was not discharged by "unauthorized users" (section 101);
set up a study by the Consumer Product Safety Commission to determine mechanisms for improving the safety of handguns (section 102);
extend the juvenile handgun ban to semiautomatics-- and extend the penalty for transferring the gun to a juvenile for use in a crime of violence from 10 to 20 years in prison (section 201 and 202);
provide for the automatic revocation of the license of any dealer who sells a firearm to a minor (section 301);
require two forms of identification for a person less than 24 years of age who desires to purchase a firearm (section 302);
give BATF open-ended authority to issue general "safety" standards for gun shops (section 303);
make it a crime if anyone keeps an unlocked firearm in his home and a juvenile gains access to it and "exhibits" it, provided that the person "reasonably should know" that the juvenile was capable of gaining access to it (section 402);
set up two national programs to study and/or make grants regarding "injuries to children resulting from firearms" (section 502) and children's firearms education (section 602);
expand Clinton's "Youth Crime Gun Interdiction Initiative" to a goal of 250 cities or counties by 2002 (section 701).