S.Amdt. 1639

1. Adds SEC. 5. CHILDREN AND FIREARMS SAFETY on page 13, line 4

   Adds a sectionPrinted page

   Inserted: SEC. 5. CHILDREN AND FIREARMS SAFETY.

   Inserted: (a) Short Title.--This section may be cited as the "Children's Firearm Access Prevention Act".

   Inserted: (b) Definition.--Section 921(a)(34)(A) of title 18, United States Code, is amended by inserting "or removing" after "deactivating".

   Inserted: (c) Prohibition.--Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following:

   Inserted: "(z) Prohibition Against Giving Juveniles Access to Certain Firearms.--

   Inserted: "(1) Definitions.--In this subsection:

   Inserted: "(A) Juvenile.--The term 'juvenile' means an individual who has not attained the age of 18 years.

   Inserted: "(B) Criminal negligence.--The term 'criminal negligence' means conduct that involves a gross deviation from the standard of care that a reasonable person would exercise under the circumstances, but which is not reckless.

   Inserted: "(2) Prohibition.--Except as provided in paragraph (3), it shall be unlawful for any person to keep a loaded firearm, or an unloaded firearm and ammunition for a firearm, any of which has been shipped or transported in interstate or foreign commerce or otherwise substantially affects interstate or foreign commerce, within any premises that is under the custody or control of that person if that person knows or, acting with criminal negligence, should know that a juvenile is capable of gaining access to the firearm without the permission of the parent or legal guardian of the juvenile, and fails to take steps to prevent such access.

   Inserted: "(3) Exceptions.--Paragraph (2) does not apply if--

   Inserted: "(A) the person uses a secure gun storage or safety device for the firearm;

   Inserted: "(B) the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the juvenile obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity;

   Show 13 more inserted paragraphsShow less

   Inserted: "(C) the juvenile obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of 1 or more other persons;

   Inserted: "(D) the person has no reasonable expectation, based on objective facts and circumstances, that a juvenile is likely to be present on the premises on which the firearm is kept;

   Inserted: "(E) the juvenile obtains the firearm as a result of an unlawful entry by any person;

   Inserted: "(F) the juvenile was supervised by a person older than 18 years of age and was engaging in hunting, sporting, or another lawful purpose; or

   Inserted: "(G) the juvenile gained the gun during a time that the juvenile was engaged in an agricultural enterprise.".

   Inserted: (d) Penalties.--Section 924(a) of title 18, United States Code, is amended by adding at the end the following:

   Inserted: "(8)(A) Whoever violates section 922(z) and as a result of such violation a juvenile (as defined in section 922(z)) obtains access to the firearm that is the subject of the violation and thereby causes death or serious bodily injury to the juvenile or to any other person, shall be fined not more than $4,000, imprisoned not more than 1 year, or both.

   Inserted: "(B) Whoever violates section 922(z) and as a result of such violation a juvenile (as defined in section 922(z)) obtains access to the firearm that is the subject of the violation shall be fined not more than $500.".

   Inserted: (e) Role of Licensed Firearms Dealers.--Section 926 of title 18, United States Code, is amended by adding at the end the following:

   Inserted: "(d) Contents of Form.--The Secretary shall ensure that a copy of section 922(z) appears on the form required to be obtained by a licensed dealer from a prospective transferee of a firearm.

   Inserted: "(e) Notice of Children's Firearm Access Prevention Act.--A licensed dealer shall post a prominent notice in the place of business of the licensed dealer as follows:

   Inserted: "IT IS UNLAWFUL AND A VIOLATION OF THE CHILDREN'S FIREARM ACCESS PREVENTION ACT TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM.".

   Inserted: (f) No Effect on State Law.--Nothing in this section or the amendments made by this section shall be construed to preempt any provision of the law of any State, the purpose of which is to prevent juveniles from injuring themselves or others with firearms.

   Original wording

   On page 13, after line 4, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed