H.R. 65House113th Congress (2013-2015)In Committee

Child Gun Safety and Gun Access Prevention Act of 2013

Introduced January 3, 2013

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.

January 25, 2013

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HouseIntro Referral

Introduced in House

January 3, 2013

HouseIntro Referral

Referred to the House Committee on the Judiciary.

January 3, 2013

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.

January 25, 2013

Floor Debate

3 members

What members said about H.R. 65 on the floor

3 Democrats
Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Apr 9, 2013

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the subject of this Special Order. Mr. Speaker,…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jan 9, 2014

Let me thank the Speaker for his courtesies and the leader for her courtesies for the opportunity to share on the floor of the House. Mr. Speaker, I would offer to say to my colleagues who spoke…

John Garamendi
Rep. John GaramendiD-CA-3 · May 14, 2013

Mr. Speaker, I had intended to talk about this subject, rebuilding the American manufacturing sector, and I will. But I just heard the most remarkable 1-hour debate in my life--not a debate, but a…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 14, 2013

I want to thank my good friend from California for really framing the discussion tonight around, I think, the only theme that gives us the kind of positive agenda that puts Americans back to work. We…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jan 14, 2013

Mr. Speaker, I rise today and join the Members of the Congressional Black Caucus to address the pervasive culture of violence that exists in America today. The community in Newtown,…

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Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Nov 20, 2013

Mr. Speaker, today I rise to speak of messages and missions yet undone. This Congress, both House and Senate, was sent here on behalf of the American people to ensure that their voices and their…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jul 22, 2014

Madam Speaker, my community has experienced over the last couple of weeks senseless horrific violence done with guns, wrapped and intertwined with domestic violence. First, I offer my sympathy to…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Apr 23, 2013

Mr. Speaker, I rise to honor the legacy of Gabriel ``Gabe'' Zimmerman, a young man devoted to community service, and the great democratic principles upon which our government stands. Gabriel…

Joyce Beatty
Rep. Joyce BeattyD-OH-3 · Apr 9, 2013

Thank you to my colleague, Congresswoman Sheila Jackson Lee. It is an honor for me to join you. As I stand here today on this floor and think that we have the opportunity to pass legislation that…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Apr 16, 2013

I have been on this floor yesterday and today, earlier this morning, to offer my sympathy to those who lost their lives and suffer in Boston and say that we are united with them. But this Congress…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Mar 21, 2013

Mr. Speaker, in a few weeks, transportation security officers, Customs and Border Protection, and Border Patrol agents with very devastating furloughs and cuts are jeopardizing the national security…

Bill Text

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Introduced in HouseIssued January 3, 2013

I

113th CONGRESS

1st Session

H. R. 65

IN THE HOUSE OF REPRESENTATIVES

January 3, 2013

Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To prevent children’s access to firearms.

1.

Short title

This Act may be cited as the Child Gun Safety and Gun Access Prevention Act of 2013.

2.

Increasing youth gun safety by raising the age of handgun eligibility and prohibiting youth from possessing semiautomatic assault weapons

Section 922(x) of title 18, United States Code, is amended—

(1)

in paragraph (1)—

(A)

by striking juvenile and inserting person who is less than 21 years of age;

(B)

by striking or at the end of subparagraph (A);

(C)

by striking the period at the end of subparagraph (B) and inserting a semicolon; and

(D)

by adding at the end the following:

(C)

a semiautomatic assault weapon; or

(D)

a large capacity ammunition feeding device.

;

(2)

in paragraph (2)—

(A)

by striking a juvenile and inserting less than 21 years of age;

(B)

by striking or at the end of subparagraph (A);

(C)

by striking the period at the end of subparagraph (B) and inserting a semicolon; and

(D)

by inserting at the end the following:

(C)

a semiautomatic assault weapon; or

(D)

a large capacity ammunition feeding device.

;

(3)

in paragraph (3)(A), by inserting temporary before possession;

(4)

in paragraph (3)(B), by striking juvenile and inserting person who is less than 21 years of age;

(5)

in paragraph (3)(C), by striking juvenile; or and inserting person who is less than 21 years of age;;

(6)

by striking subparagraph (D) of paragraph (3) and inserting the following:

(D)

the possession of a handgun or ammunition by a person who is less than 21 years of age taken in defense of that person or other persons against an intruder into the residence of that person or a residence in which that person is an invited guest; or

;

(7)

by adding at the end of paragraph (3) the following:

(E)

a temporary transfer of a handgun or ammunition to a person who is at least 18 years of age and less than 21 years of age, or the temporary use or possession of a handgun or ammunition by a person who is at least 18 years of age and less than 21 years of age, if the handgun and ammunition are possessed and used by the person—

(i)

in the course of employment, in the course of ranching or farming related to activities at the residence of the person (or on property used for ranching or farming at which the person, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun; and

(ii)

in accordance with State and local law.

; and

(8)

in paragraph (4), by striking juvenile each place it appears and inserting person who is less than 21 years of age.

3.

Enhanced penalty for youth possession of handguns and semiautomatic assault weapons and for the transfer of such weapons to youth

Section 924(a)(6) of title 18, United States Code, is amended to read as follows:

(6)
(A)

A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than one year, or both, and for a second or subsequent violation, or for a first violation committed after an adjudication of delinquency or after a State or Federal conviction for an act that, if committed by an adult, would be a serious violent felony (as defined in section 3559(c) of this title), shall be fined under this title, imprisoned not more than 5 years, or both.

(B)

A person other than a juvenile who knowingly violates section 922(x)—

(i)

shall be fined under this title, imprisoned not more than five years, or both; and

(ii)

if the person sold, delivered, or otherwise transferred a handgun, ammunition, semiautomatic assault weapon, or large capacity ammunition feeding device to a person who is less than 21 years of age knowing or having reasonable cause to know that such person intended to carry or otherwise possess or discharge or otherwise use the handgun, ammunition, semiautomatic assault weapon, or large capacity ammunition feeding device in the commission of a crime of violence, shall be fined under this title, imprisoned for not more than 10 years, or both.

.

4.

Gun storage and safety devices for all firearms

(a)

Secure gun storage or safety devices by federal firearms licensees

Section 922(z) of title 18, United States Code, is amended to read as follows:

(z)

It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, transfer, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, or licensed dealer) unless the transferee is provided with a secure gun storage or safety device.

.

(b)

Penalties

Section 924(p) of such title is amended to read as follows:

(p)

The Attorney General may, after notice and opportunity for hearing, suspend or revoke any license issued under this chapter or may subject the licensee to a civil penalty of not more than $10,000 if the holder of such license has knowingly violated section 922(z). The actions of the Attorney General under this subsection may be reviewed only as provided in section 923(f).

.

(c)

Effective date

The amendments made by this section shall be effective 180 days after the date of the enactment of this Act.

5.

Responsibility of adults for death and injury caused by child access to firearms

Section 922 of title 18, United States Code, is amended by adding at the end the following:

(aa)
(1)

In this subsection, the term child means an individual who has not attained the age of 18 years.

(2)

Except as provided in paragraph (3), any person who—

(A)

keeps a loaded firearm, or an unloaded firearm and ammunition for the firearm, any one of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person;

(B)

knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and

(C)
(i)

knows, or recklessly disregards the risk, that a child will use the firearm to cause death or serious bodily injury (as defined in section 1365 of this title) to the child or any other person; or

(ii)

knows, or recklessly disregards the risk, that possession of the firearm by the child is unlawful under Federal or State law,

if the child uses the firearm to cause death or serious bodily injury to the child or any other person, shall be imprisoned not more than 3 years, fined under this title, or both.
(3)

Paragraph (2) shall not apply if—

(A)

at the time the child obtained access, the firearm was secured with a secure gun storage or safety device;

(B)

the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity;

(C)

the child uses the firearm in a lawful act of self-defense or defense of 1 or more other persons; or

(D)

the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept.

.

6.

Requirement that child be accompanied by an adult during a gun show

(a)

Prohibitions

Section 922 of title 18, United States Code, is further amended by adding at the end the following:

(bb)
(1)

The parent or legal guardian of a child shall ensure that, while the child is attending a gun show, the child is accompanied by an adult.

(2)

It shall be unlawful for a person to conduct a gun show to which there is admitted a child who is not accompanied by an adult.

(3)

In this subsection:

(A)

The term child means an individual who has not attained 18 years of age.

(B)

The term adult means an individual who has attained 18 years of age.

.

(b)

Penalties

Section 924(a) of such title is amended by adding at the end the following:

(8)

Whoever violates section 922(bb) in a State shall be punished in accordance with the laws of the State that apply to persons convicted of child abandonment.

.

7.

Grants for gun safety education programs

(a)

Program authority

The Attorney General is authorized to provide grants to units of local government to enable law enforcement agencies to develop and sponsor gun safety classes for parents and their children.

(b)

Application

(1)

In general

Any unit of local government that desires to receive a grant award under this section shall submit an application to the Attorney General at such time, in such manner and containing such information as the Attorney General may reasonably require.

(2)

Contents

Each application referred to in paragraph (1) shall include an assurance that—

(A)

funds received under this section shall be used only to provide funds to law enforcement agencies to provide gun safety classes; and

(B)

gun safety classes will be offered at times convenient to parents, including evenings and weekends.

(c)

Regulations

The Attorney General shall issue any regulations necessary to carry out this section.

8.

Education: nationwide firearms safety programs

It is the sense of Congress that—

(1)

each school district should provide or participate in a firearms safety program for students in grades kindergarten through 12 and should consult with a certified firearms instructor before establishing the curriculum for the program; and

(2)

participation by students in a firearms safety program should not be mandatory if the district receives written notice from a parent of the student to exempt the student from the program.