To amend chapter 44 of title 18, United States Code, to require the provision of a child safety lock in connection with the transfer of a handgun and provide safety standards for child safety locks.

April 10, 2003

Mr. KOHL (for himself, Mr. DURBIN, Mr. SCHUMER, Mr. CORZINE, Mrs. FEINSTEIN, Mr. REED, and Mr. LAUTENBERG) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To amend chapter 44 of title 18, United States Code, to require the provision of a child safety lock in connection with the transfer of a handgun and provide safety standards for child safety locks.

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 `Child Safety Lock Act of 2003'.

SEC. 2. REQUIREMENT OF CHILD HANDGUN SAFETY LOCKS.

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

`(36) The term `locking device' means a device or locking mechanism that is approved by a licensed firearms manufacturer for use on the handgun with which the device or locking mechanism is sold, delivered, or transferred and that--

`(A) if installed on a firearm and secured by means of a key or a mechanically, electronically, or electromechanically operated combination lock, is designed to prevent the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically, electronically, or electromechanically operated combination lock;

`(B) if incorporated into the design of a firearm, is designed to prevent discharge of the firearm by any person who does not have access to the key or other device designed to unlock the mechanism and thereby allow discharge of the firearm; or

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

(b) UNLAWFUL ACTS-

(1) IN GENERAL- Section 922 of title 18, United States Code, is amended by inserting at the end the following:

`(z) LOCKING DEVICES-

`(1) IN GENERAL- Except as provided under paragraph (2), it shall be unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than a licensed manufacturer, licensed importer, or licensed dealer, unless the transferee is provided with a locking device for that handgun.

`(2) EXCEPTIONS- Paragraph (1) shall not apply to--

`(A) the manufacture for, transfer to, or possession by, the United States or a State or a department or agency of the United States, or a State or a department, agency, or political subdivision of a State, of a firearm;

`(B) transfer to, or possession by, a law enforcement officer employed by an entity referred to in subparagraph (A) of a firearm for law enforcement purposes (whether on or off duty); or

`(C) the transfer to, or possession by, a rail police officer employed by a rail carrier and certified or commissioned as a police officer under State law of a firearm for purposes of law enforcement (whether on or off duty).'.

(2) EFFECTIVE DATE- Section 922(z) of title 18, United States Code, as added by this subsection, shall take effect 180 days after the date of enactment of this Act.

(c) LIABILITY; EVIDENCE-

(1) LIABILITY- Nothing in this section shall be construed to--

(A) create a cause of action against any firearms dealer or any other person for any civil liability; or

(B) establish any standard of care.

(2) EVIDENCE- Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with the amendments made by this section shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this section.

(3) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to bar a governmental action to impose a penalty under section 924(p) of title 18, United States Code, for a failure to comply with section 922(z) of that title.

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

(1) in subsection (a)(1), by striking `or (f)' and inserting `(f), or (p)'; and

(2) by adding at the end the following:

`(p) PENALTIES RELATING TO LOCKING DEVICES-

`(1) IN GENERAL-

`(A) SUSPENSION OR REVOCATION OF LICENSE; CIVIL PENALTIES- With respect to each violation of section 922(z)(1) by a licensee, the Attorney General may, after notice and opportunity for hearing--

`(i) suspend or revoke any license issued to the licensee under this chapter; or

`(ii) subject the licensee to a civil penalty in an amount equal to not more than $10,000.

`(B) REVIEW- An action by the Attorney General under this paragraph may be reviewed only as provided under section 923(f).

`(2) ADMINISTRATIVE REMEDIES- The suspension or revocation of a license or the imposition of a civil penalty under paragraph (1) does not preclude any administrative remedy that is otherwise available to the Attorney General.'.

SEC. 3. AMENDMENT TO CONSUMER PRODUCT SAFETY ACT.

(a) IN GENERAL- The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended by adding at the end the following:

`SEC. 39. CHILD HANDGUN SAFETY LOCKS.

`(a) ESTABLISHMENT OF STANDARD-

`(1) RULEMAKING REQUIRED-

`(A) INITIATION OF RULEMAKING- Notwithstanding section 3(a)(1)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, not later than 90 days after the date of enactment of the Child Safety Lock Act of 2003 to establish a consumer product safety standard for locking devices. The Commission may extend the 90-day period for good cause.

`(B) FINAL RULE- Notwithstanding any other provision of law, including chapter 5 of title 5, United States Code, the Commission shall promulgate a final consumer product safety standard under this paragraph not later than 12 months after the date on which it initiated the rulemaking. The Commission may extend that 12-month period for good cause.

`(C) EFFECTIVE DATE- The consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which the final standard is promulgated.

`(D) STANDARD REQUIREMENTS- The standard promulgated under this paragraph shall require locking devices that--

`(i) are sufficiently difficult for children to de-activate or remove; and

`(ii) prevent the discharge of the handgun unless the locking device has been de-activated or removed.

`(2) INAPPLICABLE PROVISIONS-

`(A) PROVISIONS OF THIS ACT- Sections 7, 9, and 30(d) shall not apply to the rulemaking proceeding described under paragraph (1). Section 11 shall not apply to any consumer product safety standard promulgated under paragraph (1).

`(B) CHAPTER 5 OF TITLE 5- Except for section 553, chapter 5 of title 5, United States Code, shall not apply to this section.

`(C) CHAPTER 6 OF TITLE 5- Chapter 6 of title 5, United States Code, shall not apply to this section.

`(D) NATIONAL ENVIRONMENTAL POLICY ACT- The National Environmental Policy Act of 1969 (42 U.S.C. 4321) shall not apply to this section.

`(b) NO EFFECT ON STATE LAW-

`(1) IN GENERAL- Notwithstanding section 26, this section shall not annul, alter, impair, affect, or exempt any person subject to the provisions of this section from complying with any provision of law of any State or any political subdivision thereof, except to the extent that such provisions of State law are inconsistent with any provision of this section, and then only to the extent of such inconsistency.

`(2) CLARIFICATION- A provision of State law is not inconsistent with this section if such provision affords greater protection to children from handguns than is afforded by this section.

`(c) ENFORCEMENT- Notwithstanding subsection (a)(2)(A), the consumer product safety standard promulgated by the Commission pursuant to subsection (a) shall be enforced under this Act as if it were a consumer product safety standard described under section 7(a).

`(d) DEFINITIONS- In this section, the following definitions shall apply:

`(1) CHILD- The term `child' means an individual who has not attained the age of 13 years.

`(2) LOCKING DEVICE- The term `locking device' has the meaning given that term in clauses (i) and (iii) of section 921(a)(36) of title 18, United States Code.'.

(b) CONFORMING AMENDMENT- Section 1 of the Consumer Product Safety Act is amended by adding at the end of the table of contents the following:

`Sec. 39. Child handgun safety locks.'.

(c) AUTHORIZATION OF APPROPRIATIONS-

(1) IN GENERAL- There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 39 of the Consumer Product Safety Act, as added by this Act.

(2) AVAILABILITY- Any amounts appropriated pursuant to paragraph (1) shall remain available until expended.

END