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

February 25, 2004

Mrs. BOXER 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 device in connection with the transfer of a handgun and to provide safety standards for child safety devices.

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 Device Act of 2004'.

SEC. 2. REQUIREMENT OF CHILD HANDGUN SAFETY DEVICES.

(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 adding at the end the following:

`(z) LOCKING DEVICES-

`(1) IN GENERAL- Except as provided under paragraph (2), it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than a licensed importer, licensed manufacturer, 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, a department or agency of the United States, 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 on the date which is 180 days after the date of enactment of this Act.

(c) 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 shall, after notice and opportunity for hearing--

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

`(ii) subject the licensee to a civil penalty of not more than $15,000; or

`(iii) impose the penalties described in clauses (i) and (ii).

`(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 DEVICES.

`(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 Device Act of 2004 to establish a consumer product safety standard for locking devices. The Commission may extend this 90-day period for good cause.

`(B) FINAL RULE- Notwithstanding any other provision of law, the Commission shall promulgate a final consumer product safety standard under this paragraph not later than 12 months after the date on which the Commission initiated the rulemaking proceeding under subparagraph (A). The Commission may extend this 12-month period for good cause.

`(C) EFFECTIVE DATE- The consumer product safety standard promulgated under this paragraph shall take effect on the date which is 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- Chapter 5 of title 5, United States Code, except for section 553 of that title, 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.

`(b) 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).

`(c) 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 devices.'.

(c) AUTHORIZATION OF APPROPRIATIONS-

(1) IN GENERAL- There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 for each of the fiscal years 2005 through 2007 to carry out the provisions of section 39 of the Consumer Product Safety Act, as added by this section.

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

END