Child Gun Safety and Gun Access Prevention Act of 2007 (Introduced in House)

Child Gun Safety and Gun Access Prevention Act of 2007 (Introduced in House)

HR 256 IH
110th CONGRESS
1st Session

H. R. 256
To prevent children's access to firearms.

IN THE HOUSE OF REPRESENTATIVES

January 5, 2007

Ms. JACKSON-LEE of Texas introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To prevent children's access to firearms.

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 Gun Safety and Gun Access Prevention Act of 2007'.

SEC. 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'.

SEC. 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.'.

SEC. 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.

SEC. 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; and

`(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.'.

SEC. 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.'.

SEC. 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.

SEC. 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.

CONVENIENCE STORE SHOOTOUT: Manager kills suspect

Jan. 06, 2007
Copyright © Las Vegas Review-Journal

CONVENIENCE STORE SHOOTOUT: Manager kills suspect

Customers call man hero in robbery scare

By LAWRENCE MOWER
REVIEW-JOURNAL

A convenience store manager shot and killed a robbery suspect and injured another Friday after the men entered his North Las Vegas store and took the manager and several customers hostage.

The two suspects held up the American Mini Market at 2564 Las Vegas Blvd. North on Friday afternoon, North Las Vegas police said. Then, the robbery suspects bound the store manager and several customers using zip ties and tried to rob them, police said.

The manager, whose name was not released, escaped from the ties and retrieved a gun stashed inside the store. Shortly after 2 p.m., the manager exchanged "a bunch" of shots with the suspects, North Las Vegas police spokesman Tim Bedwell said.

Both of the suspects were hit with gunfire.

One of suspects stumbled out of the store and died in the parking lot, Bedwell said. The other, whose name also was not released, was hit in the lower extremities and fled on foot, leaving a trail of blood, he said.

The suspect was caught by police and taken to University Medical Center, where he was treated for injuries that were not life-threatening, Bedwell said. Police said the man could be charged with robbery and murder once he recovers from his wounds. Under Nevada law, a suspect in a felony crime in which a person dies can be charged with murder even if their actions didn't directly cause the death.

No one else was injured in the shooting.

"This is how we like these incidents to end up," Bedwell said.

The customers called the manager a hero.

"He saved us all," said 27-year-old Kevin Aden, who was in the store when the suspects came in.

Aden said that he and the other people in the store were tied up for about 10 to 15 minutes in the back room as the suspects robbed them and the store.

Aden, a tobacco company sales representative, said he was not supposed to have been at the store at the time. He was traveling north on Las Vegas Boulevard on Friday morning, stopping at convenience stores to restock cigarettes when he accidentally skipped the American Mini Market.

"I just decided to go back there in the afternoon," he said. "That was a bad idea."

Police said there were conflicting reports from witnesses about the number of suspects in the incident. Bedwell said there might have been a driver of a getaway car and others involved in the robbery. Police planned to look at video surveillance footage to see whether others were involved, he said.

Police said they believe the two men who held up the American Mini Market were involved in a similar robbery at a convenience store on Thursday night.

Bedwell said customers at a store on Lake Mead Boulevard, just west of Pecos Road, about 1.5 miles from the American Mini Market, were bound with zip ties and robbed on Thursday night.

There were four suspects in that incident, he said. They had a "cavalier" attitude during the incident, similar to the attitude described by witnesses during Friday's holdup, police said.

"Witnesses reported they were laughing and joking in there (the convenience store) with their guns," Bedwell said.

During Thursday night's holdup, Bedwell said one of the suspects would stand near the store entrance with a gun behind his back. As customers entered the store, the man would put a gun to their head, walk them to the back of the store and bind them with zip ties, Bedwell said.

"That is as dangerous a situation going on as could possibly occur," he said.

Bedwell said police weren't considering charging the store manager in Friday's shooting of the robbery suspects.

"The initial impression of everybody is this was a justifiable shooting," he said.

"In a situation where their business gets robbed and the suspects flee, you can't chase them down and shoot them," he said. "It doesn't look like anything like that happened today."

Bedwell said the store manager's gun was registered and the witnesses' opinion that the manager is a hero could be accurate.

"If everything holds up true ... then yeah, he is a hero," Bedwell said.



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