I
109th CONGRESS
1st Session
H. R. 2217
IN THE HOUSE OF REPRESENTATIVES
May 10, 2005
Mr. Engel (for himself and Mr. Owens) introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the Consumer Product Safety Act to confirm the Consumer Product Safety Commission’s jurisdiction over child safety devices for handguns, and for other purposes.
Amendment of Consumer Product Safety Act
In general
The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended by adding at the end thereof the following:
Child handgun safety devices
Establishment of standard
In general
Rulemaking required
Notwithstanding section 3(a)(1)(E) of this Act, the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of enactment of this section to establish a consumer product safety standard for handgun locks. The Commission may extend the 90-day period for good cause. 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 within 12 months after the date on which it initiated the rulemaking. The Commission may extend that 12-month period for good cause. The consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which the final standard is promulgated.
Standard requirements
The standard promulgated under subparagraph (A) shall require gun locks that—
are sufficiently difficult for children to de-activate or remove; and
prevent the discharge of the handgun unless the gunlock has been de-activated or removed.
Certain provisions not to apply
Provisions of this Act
Sections 7, 9, and 30(d) of this Act do not apply to the rulemaking proceeding under paragraph (1). Section 11 of this Act does not apply to any consumer product safety standard promulgated under paragraph (1).
Chapter 5 of title 5
Except for section 553, chapter 5 of title 5, United States Code, does not apply to this section.
Chapter 6 of title 5
Chapter 6 of title 5, United States Code, does not apply to this section.
National environmental policy Act
The National Environmental Policy Act of 1969 (42 U.S.C. 4321) does not apply to this section.
No effect on State law
Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to the provisions of this section from complying with any provision of the 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 the inconsistency. A provision of State law is not inconsistent with this section if such provision affords greater protection to children in respect of handguns than is afforded by this section.
Enforcement
Notwithstanding subsection (a)(2)(A), the consumer product safety standard promulgated by the Commission under subsection (a) shall be enforced under this Act as if it were a consumer product safety standard described in section 7(a).
Definitions
In this section:
Child
The term child means an individual who has not attained the age of 13 years.
Handgun lock
The term handgun lock means any disabling or locking device that is not built into the handgun at the time of manufacture and that is designed to prevent the handgun from being discharged unless the device has been deactivated or removed.
Handgun
The term handgun—
has the meaning given that term in section 921(a) of title 18, United States Code; and
includes any article taxable at the rate of 10 percent under section 4181 of the Internal Revenue Code of 1986 (26 U.S.C. 4181).
Incorporated definitions
The terms licensed importer, licensed manufacturer, and licensed dealer have the meanings given those terms in section 921(a) of title 18, United States Code.
.
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
.
Authorization of appropriations
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, such sums to remain available until expended.