H.R. 3435 (103rd): Juvenile Firearm Regulation Act of 1993

103rd Congress, 1993–1994. Text as of Nov 03, 1993 (Introduced).

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HR 3435 IH

103d CONGRESS

1st Session

H. R. 3435

To amend title 18, United States Code, to prohibit the transfer of a firearm or ammunition to a juvenile, and the unsupervised and unauthorized possession of a firearm or ammunition by a juvenile.

IN THE HOUSE OF REPRESENTATIVES

November 3, 1993

Mr. SKAGGS (for himself, Mr. MORAN, Mr. FRANK of Massachusetts, Mr. NADLER, Mr. STARK, Mr. WHEAT, Mr. YATES, Mr. GUTIERREZ, Mrs. MALONEY, Mr. UNDERWOOD, Mr. GIBBONS, Mr. FARR of California, Ms. BYRNE, Mr. CLAY, Mr. MATSUI, Mr. FOGLIETTA, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. LEWIS of Georgia, Mr. MANN, Mrs. LOWEY, Mr. COYNE, and Mr. REYNOLDS) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend title 18, United States Code, to prohibit the transfer of a firearm or ammunition to a juvenile, and the unsupervised and unauthorized possession of a firearm or ammunition by a juvenile.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Juvenile Firearm Regulation Act of 1993’.

SEC. 2. PROHIBITION AGAINST THE TRANSFER OF A FIREARM OR AMMUNITION TO A JUVENILE.

    (a) PROHIBITION- Section 922 of title 18, United States Code, is amended by adding at the end the following:

    ‘(s) It shall be unlawful for any person to transfer a firearm or ammunition to an individual who the person knows or has reasonable cause to believe has not attained 18 years of age, unless a parent or legal guardian of the individual has consented to the transfer.’.

    (b) PENALTIES- Section 924(a) of such title is amended--

      (1) in paragraph (1), by striking ‘paragraph (2) or (3) of’; and

      (2) by adding at the end the following:

    ‘(5)(A) Except as provided in subparagraph (B), whoever knowingly violates section 922(s) shall be fined under this title, imprisoned for not more than 1 year, or both.

    ‘(B) In the case of the first conviction of a person under section 922(s) with respect to each of 2 or more firearms, and in the case of the second or subsequent conviction of a person under such section, the person shall be fined under this title, imprisoned for not more than 5 years, or both.’.

SEC. 3. PROHIBITION AGAINST THE UNSUPERVISED AND UNAUTHORIZED POSSESSION OF A FIREARM OR AMMUNITION BY A JUVENILE.

    (a) PROHIBITION- Section 922 of title 18, United States Code, as amended by section 2(a) of this Act, is amended by adding at the end the following:

    ‘(t)(1) It shall be unlawful for a juvenile to possess a firearm or ammunition.

    ‘(2) Paragraph (1) shall not apply to the possession of a firearm or ammunition by a juvenile--

      ‘(A) who is under the supervision of an adult who is not prohibited by Federal, State, or local law from possessing a firearm; or

      ‘(B) while engaged in hunting, target shooting, or other sporting activities, or in a course of instruction, or while transporting the firearm or ammunition to or from the site of such activities, to the extent that the possession is specifically authorized by or under State law.

    ‘(3) For purposes of this subsection:

      ‘(A) The term ‘juvenile’ means a person who has not attained 18 years of age.

      ‘(B) The term ‘adult’ means a person who has attained 18 years of age.’.

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

    ‘(6) Whoever knowingly violates section 922(t) shall be fined under this title, imprisoned for not more than 1 year, or both.’.

    (c) TECHNICAL AMENDMENTS- (1) Section 5031 of such title is amended by inserting ‘or a violation by such a person of section 922(t)’ before the period.

    (2) Section 5037(c) of such title is amended by adding at the end the following: ‘For purposes of paragraphs (1)(B) and (2)(B), in the case of a juvenile found to be a juvenile delinquent by reason of a violation of section 922(t) that is the first such violation by the juvenile, the maximum term of imprisonment that would be authorized if the juvenile had been tried and convicted as an adult is deemed to be 6 months.’.

    (d) APPLICABILITY- The amendments made by this section shall apply to conduct engaged in after the 18-month period that begins with the date of the enactment of this Act.