Youth Gun Crime Enforcement Act of 1999

Youth Gun Crime Enforcement Act of 1999 - Title I: Extending and Strengthening the Brady Law - Subtitle A: Extending the Brady Act to Gun Shows - Amends the Brady Handgun Violence Prevention Act to prohibit any person from organizing, planning, promoting, or operating a gun show without: (1) registering with the Secretary of the Treasury and paying a registration fee; (2) notifying the Secretary, at least 30 days in advance, of the date, time, duration, and location of the show; (3) submitting to the Secretary, at least 72 hours in advance, an updated list of all show vendors planning to participate; (4) verifying the identity of each show vendor participating by examining a valid identification document containing a photograph of the vendor; (5) requiring each vendor to sign a ledger with identifying information and a notice advising the vendor of his or her obligations; (6) notifying each attendee of requirements under the Act; (7) submitting to the Secretary, at least five days after the end of the show, a copy of the ledger and notice; and (8) maintaining a copy of the records described above at the permanent place of business of the show promoter for such period of time and in such form as the Secretary shall require.

Sets forth provisions regarding: (1) responsibilities of transferors and transferees who are not licensees, including criminal background check requirements; (2) responsibilities of licensees who agree to assist such persons in firearm transfers; and (3) records of licensee transfers.

Sets penalties for violations of this Act.

Authorizes the Secretary to enter, during business hours, the place of business of any show promoter and any place where a show is held for purposes of examining required records and the inventory of licensees conducting business at the show, without a showing of reasonable cause or a warrant.

Increases penalties for violations of criminal background check requirements.

Authorizes appropriations.

Subtitle B: Establishing a Mandatory Handgun Waiting Period and Giving Law Enforcement More Time to Complete Background Checks - Prohibits a licensed importer, manufacturer, or dealer from transferring a firearm to an unlicensed person unless specified requirements are met, including that: (1) before completion of the transfer, the licensee transmits notice of the proposed firearm transfer to the chief law enforcement officer of the place of residence of the transferee; (2) the system provides the licensee with a unique identification number or five (currently, three) business days have elapsed since the licensee contacted the system and the system has not notified the licensee that the receipt of a firearm by such person would violate the Act; and (3) if the firearm is a handgun or semiautomatic assault weapon, not less than 72 hours have elapsed since the licensee contacted the system, or if the firearm is a handgun, the transferee has presented to the transferor a written statement, issued by the chief law enforcement officer of the transferee's place of residence during the 10-day period ending on the date of the most recent proposal of such transfer by the transferee, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or of a member of the household of the transferee.

Requires a chief law enforcement officer who accepts notice of a proposed firearm transfer to destroy any statement or other record containing information derived from the notice, unless such officer determines that the transfer would violate Federal, State, or local law.

Directs the Secretary to: (1) promulgate regulations regarding the manner in which licensees shall transmit notice of a proposed transfer to such officer; and(2) exempt licensees from the notice requirement where the Secretary determines such notice does not further the purposes of this subtitle.

Subtitle C: Keeping Guns Out Of the Hands of Dangerous Juvenile Offenders - Defines the term "adjudicated delinquent" to mean an adjudication of delinquency based upon a finding of the commission of an act by a person prior to his or her 18th birthday that, if committed by an adult, would be a serious drug offense or violent felony.

Provides that for purposes of Federal firearms provisions, any State conviction or adjudication of delinquency which has been expunged or set aside or for which a person has been pardoned or has had civil rights restored by the jurisdiction in which the conviction or adjudication of delinquency occurred shall nevertheless be considered a conviction or adjudication of delinquency unless: (1) the expunction, set aside, pardon, or restoration of civil rights (expunction) is directed to a specific person; (2) the State authority granting the expunction has expressly determined that the circumstances regarding the conviction and the person's record and reputation are such that the person will not act in a manner dangerous to public safety; and (3) the expunction expressly authorizes the person to ship, transport, receive, or possess firearms.

Specifies that the requirement for an individualized restoration of rights shall apply whether or not, under State law, the person's civil rights were taken away by virtue of the conviction or adjudication.

Prohibits the sale or other disposal of a firearm or ammunition to a person knowing or having reasonable cause to believe that such person has been an adjudicated delinquent. Authorizes appropriations.

Title II: Restricting Youth Access to Firearms - Prohibits the sale, delivery, or other transfer: (1) of a handgun, or ammunition that is suitable for use only in a handgun, to a person who the transferor knows or has reasonable cause to believe is under age 21 (currently, such prohibition applies with respect to juveniles); or (2) of a semiautomatic assault weapon or a large capacity ammunition feeding device to persons under 21.

Applies the exemption applicable with respect to possession of a handgun in defense against a home intrusion to persons under 21 (currently, juveniles). Adds an exemption with respect to the temporary possession or use of a handgun by a person who is at least 18, but under 21, in the course of employment, in the course of ranching or farming at his or her residence, or for target practice, hunting, or a course of instruction in handgun use.

(Sec. 202) Provides for enhanced penalties for youth possession of handguns and semiautomatic assault weapons. Applies specified penalties to the transfer of a handgun, ammunition, semiautomatic assault weapon, or large capacity ammunition feeding device (weapon) to a person under age 21 knowing or having reasonable cause to know that such person intended to possess, discharge, or use the weapon in the commission of a crime of violence.

(Sec. 203) Prohibits and sets penalties for the sale, transfer, or delivery of a firearm by a licensed importer, manufacturer, or dealer to any person (other than a licensed importer, manufacturer, or dealer) unless the transferee is provided with a secure gun storage or safety device. Authorizes license suspension or revocation or imposition of a civil penalty of not more than $10,000 if a licensee knowingly violates this provision.

(Sec. 204) Prohibits and sets penalties for keeping a loaded firearm, or an unloaded firearm and ammunition for it, knowing, or recklessly disregarding the risk, that a child is capable of gaining access to the firearm and that a child will use the firearm to cause death or serious bodily injury, or 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, with exceptions.

Title III: Combating Illegal Trafficking in Guns - Subtitle A: Restricting the Sources of Illegal Guns - Prohibits the sale, delivery, or transfer of: (1) two or more handguns to any single person during any 30-day period; or (2) a handgun to any single person knowing or having reasonable cause to believe that the transferee has already received one or more handguns within the previous 30 days.

Prohibits any person from receiving more than one handgun within any 30-day period.

Sets forth provisions regarding exemptions from such restrictions and penalties for violations. Increases penalties for licensees who knowingly make false statements in required records. Requires a licensee, within three days of receiving a request from the prospective transferee, to notify the national instant criminal background check system of any background check conducted within the previous 30 days that did not result in the transfer of a handgun.

(Sec. 302) Prohibits a licensed importer, manufacturer, or dealer from storing firearms in their business inventory in a manner not in conformity with regulations issued by the Secretary. Directs the Secretary, in issuing such regulations, to consider the type and quantity of the firearms to be stored, as well as the standards of safety and security recognized in the firearms industry.

Sets penalties for violations. Authorizes license suspension or revocation or imposition of a civil penalty of not more than $10,000 if a licensee knowingly violates this provision.

Makes it a condition of licensing that within 30 days after the application is approved the firearms inventory of the business will be stored in compliance with the requirements of this section.

(Sec. 303) Prohibits a common or contract carrier from failing to report to the Secretary and to the appropriate local authorities the theft or loss of a firearm within 48 hours after the theft or loss is discovered. Authorizes the Secretary to impose a civil fine of up to $10,000 for a violation.

(Sec. 304) Increases the number of allowed compliance inspections of firearms dealers from one to three times a year.

(Sec. 305) Sets penalties for transferring a firearm having reasonable cause to believe that it will be used to commit a crime of violence.

(Sec. 306) Directs licensed importers, manufacturers, and dealers to submit to the Secretary monthly reports of all firearms obtained from non-licensees. Specifies that such information shall be reported on a form to be prescribed by the Secretary and that such reports shall not include the name of or identifying information about the firearm transferors or subsequent purchasers.

(Sec. 307) Modifies provisions regarding voluntary submission of a dealer's records to allow: (1) a successor licensee, upon receipt of records, to retain the records of the discontinued business or submit them to the Secretary; and (2) a licensee to voluntarily submit the records required to be kept if such records are at least 20 years old.

Subtitle B: Enhancing Penalties for Gun Trafficking - Sets penalties for violating restrictions (in subtitle A) regarding the transfer of multiple handguns.

Directs the U.S. Sentencing Commission to review and amend the Federal sentencing guidelines to provide: (1) an appropriate enhancement for violation of the provisions prohibiting any person, except a licensed importer, manufacturer, or dealer, from engaging in the business of importing, manufacturing, or dealing in firearms or, in the course of such business, from shipping, transporting, or receiving any firearm in interstate or foreign commerce; and (2) additional sentencing increases, as appropriate, for offenses involving more than 50 firearms.

(Sec. 309) Provides for increased penalties for certain serious recordkeeping offenses, including making false statements or furnishing false identification with respect to a fact material to the lawfulness of the sale or other disposition of a firearm or ammunition.

(Sec. 310) Authorizes the Secretary to suspend the license of, or assess a civil penalty of up to $10,000 per violation by, a dealer. (Current law only provides for license revocation)

(Sec. 311) Provides for termination of a dealer's license upon the date of a felony conviction.

(Sec. 312) Increases penalties for violations involving transactions in firearms with obliterated serial numbers.

(Sec. 313) Provides for civil and criminal forfeiture of any conveyance used or intended to be used to commit a gun trafficking offense or conspiracy to commit such an offense, and property traceable to such conveyance.

(Sec. 314) Authorizes appropriations.

Title IV: Strengthening the Assault Weapons Ban -Prohibits the importation of large capacity ammunition feeding devices.

Title V: Combating Criminal Misuse of Firearms - Makes specified firearms-related offenses predicates to a violation of the Racketeer Influenced and Corrupt Organizations Act.

(Sec. 502) Increases the penalty for firearms conspiracy offenses.

(Sec. 503) Makes specified firearms-related offenses, and serious juvenile drug trafficking offenses, predicate crimes under the Armed Career Criminal Act.

(Sec. 505) Amends the Internal Revenue Code to provide for a five-year statute of limitations for firearms-related offenses.

(Sec. 506) Provides for the civil and criminal forfeiture of firearms used or intended to be used to commit a crime of violence or a felony under Federal law.

(Sec. 507) Provides for separate licenses, and license fees, for gunsmiths.

Title VI: Enhanced Firearms Enforcement - Authorizes appropriations for intensive firearms prosecution projects implemented by the Department of Justice.

(Sec. 602) Directs the Secretary to expand: (1) to 75 the number of city and county law enforcement agencies that, through the Youth Crime Gun Interdiction Initiative (YGCII), submit identifying information relating to all firearms recovered during law enforcement investigations, including from individuals under age 25, to the Secretary to identify the types and origins of such firearms; and (2) the resources devoted to law enforcement investigations of illegal youth possessors and users and of illegal firearms traffickers identified through YGCII, including through the hiring of additional personnel.

Directs the Secretary to: (1) select cities and counties for participation in the program established under this section; and (2) establish a system through which State and local law enforcement agencies, through on-line computer technology, can promptly provide firearms-related information to the Secretary and access information derived through YCGII as soon as such capability is available.

Sets forth reporting requirements. Authorizes appropriations.

Title VII: Combating Criminal Misuse of Explosives - Revises explosives provisions to prohibit any person other than a licensee or permittee from knowingly transporting, shipping, causing to be transported, or receiving any explosive materials, or from distributing explosive materials to any person other than a licensee or permittee.

Prohibits a licensed importer, manufacturer, or dealer from transferring explosive materials to any other person who is not a licensee unless: (1) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under the Brady Act; (2) the system provides the licensee with a unique identification number, or five business days have elapsed since the licensee contacted the system and the system has not notified the licensee that the receipt of explosive materials by such other person would violate the Act; (3) the transferor has verified the identity of the transferee by examining a valid identification document of the transferee containing a photograph of the transferee; and (4) the transferor has examined the permit issued to the transferee and recorded the permit number on the record of the transfer.

Sets forth provisions regarding: (1) further procedures and exceptions, penalties for violations, and Federal, State, and local government immunity for preventing or failing to prevent sales of explosive materials; and (2) remedies for erroneous denial of explosive materials.

Requires an application for a license or user permit for explosive materials to include the applicant's fingerprints and photograph. Modifies Federal criminal code (code) provisions to charge the applicant a fee of up to $300 for a license and up to $100 for a permit.

Sets penalties for violating the requirement for a background check for purchases of explosives.

Prohibits the distribution of explosive materials to: (1) anyone who has been committed to a mental institution; (2) certain aliens; (3) anyone discharged from the armed forces under dishonorable conditions; (4) persons who have renounced their U.S. citizenship; (5) certain persons subject to a court order (such as one involving harassment, stalking, or threatening an intimate partner or their child); (6) anyone convicted of a misdemeanor crime of domestic violence; or (7) persons adjudicated delinquent.

Sets forth: (1) similar restrictions regarding possession of explosives; and (2) provisions relating to aliens admitted under non-immigrant visas.

(Sec. 703) Prohibits the shipment, transport, receipt, or possession of explosive materials by persons under age 21, with an exception involving commercially manufactured black powder.

(Sec. 704) Exempts from: (1) Federal explosives prohibitions assembled small arms ammunition and primers not assembled into cartridges (other than bulk smokeless powder); and (2) Federal explosives prohibitions on the transportation and distribution of explosives specified quantities of commercially manufactured black powder intended for sporting or recreational use in antique firearms or devices.

(Sec. 705) Authorizes appropriations.