TABLE OF CONTENTS:
Title I: Short Title
Title II: Restricting Juvenile Access to Certain Firearms
Title III: Enhanced Penalties for Federal Crimes Involving
Firearms
Title IV: Providing Incentives to States that Prosecute
Juveniles as Adults for Certain Offenses Involving
Firearms
Title I: Short Title - Juvenile Misuse of Firearms Prevention Act.
Title II: Restricting Juvenile Access to Certain Firearms - Revises the Brady Handgun Violence Prevention Act (the Act) to expand the scope of provisions regarding juvenile use and possession of handguns and ammunition that is suitable for use only in a handgun to include semiautomatic assault weapons. Provides enhanced penalties for juveniles who violate the prohibition against the sale, delivery, or other transfer to a person, who the transferor knows or has reasonable cause to believe is a juvenile, of a handgun, ammunition that is suitable for use only in a handgun, or a semiautomatic assault weapon, and for adults who knowingly violate such prohibition, particularly in relation to use of the handgun by the juvenile in the commission of a violent felony.
Subjects the juvenile to the same laws, rules, and proceedings regarding sentencing that would be applicable in the case of an adult, with exceptions. Prohibits a juvenile sentenced to a term of imprisonment from being released from custody simply because the juvenile reaches age 18.
Makes an exemption regarding the temporary transfer of a handgun, ammunition, or semiautomatic assault weapon to, or possession or use by, a juvenile applicable only if such possession and use are in accordance with State and local law and if specified conditions are met.
Specifies that a handgun, ammunition, or semiautomatic assault weapon, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this title, shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the juvenile's conduct.
Directs the court, with respect to a violation of this title, to require the presence of a juvenile defendant's parent or legal guardian at all proceedings. Authorizes the court to: (1) use the contempt power to enforce this provision; and (2) excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this title for good cause shown.
Title III: Enhanced Penalties for Federal Crimes Involving Firearms - Amends the Act to: (1) increase penalties for brandishing or discharging a firearm during and in relation to a crime of violence or drug trafficking crime; (2) set penalties for injuring or maiming another person through such firearm use; and (3) provide for a five-year mandatory minimum sentence for transferring a firearm, knowing that it will be used to commit a crime of violence or drug trafficking crime.
Title IV: Providing Incentives to States that Prosecute Juveniles As Adults For Certain Offenses Involving Firearms - Denies eligibility to receive Office of Juvenile Justice and Delinquency Prevention funds to any State that fails to demonstrate that it has in effect or has implemented (or will have in effect or will have implemented within one year from the date of application) laws, policies, or programs that provide for prosecution of juveniles as adults for specified serious offenses involving firearms.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 994 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 994
Entitled the ``Juvenile Misuse of Firearms Prevention Act''.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 10, 1999
Mr. Ashcroft introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
Entitled the ``Juvenile Misuse of Firearms Prevention Act''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--SHORT TITLE
This Act may be cited as the ``Juvenile Misuse of Firearms
Prevention Act''.
TITLE II--RESTRICTING JUVENILE ACCESS TO CERTAIN FIREARMS
SECTION 1. PENALTIES FOR UNLAWFUL ACTS BY JUVENILES.
(a) Juvenile Weapons Penalties.--Section 924(a) of title 18, United
States Code, is amended--
(1) in paragraph (4) by striking ``Whoever'' at the
beginning of the first sentence, and inserting in lieu thereof,
``Except as provided in paragraph (6) of this subsection,
whoever''; and
(2) in paragraph (6), by amending it to read as follows:--
``(6)(A) A juvenile who violates section 922(x) shall be
fined under this title, imprisoned not more than 1 year, or
both, except--
``(i) a juvenile shall be sentenced to probation on
appropriate conditions and shall not be incarcerated
unless the juvenile fails to comply with a condition of
probation, if--
``(I) the offense of which the juvenile is
charged is possession of a handgun, ammunition,
or a semiautomatic assault weapon in violation
of section 922(x)(2); and
``(II) the juvenile has not been convicted
in any court of an offense (including an
offense under section 922(x) or a similar State
law, but not including any other offense
consisting of conduct that if engaged in by an
adult would not constitute an offense) or
adjudicated as a juvenile delinquent for
conduct that if engaged in by an adult would
constitute an offense; or
``(ii) a juvenile shall be fined under this title,
imprisoned not more than 20 years, or both, if--
``(I) the offense of which the juvenile is
charged is possession of a handgun, ammunition,
or a semiautomatic assault weapon in violation
of section 922(x)(2); and
``(II) during the same course of conduct in
violating 922(x)(2), the juvenile violated
section 922(q), with the intent to carry or
otherwise possess or discharge or otherwise use
the handgun, ammunition, or semiautomatic
assault weapon in the commission of a violent
felony.
(B) A person other than a juvenile who knowingly violates
section 922(x)--
``(i) shall be fined under this title, imprisoned
not more than 1 year, or both; and
``(ii) if the person sold, delivered, or otherwise
transferred a handgun, ammunition or semiautomatic
assault weapon to a juvenile knowing or having
reasonable cause to know that the juvenile intended to
carry or otherwise possess or discharge or otherwise
use the handgun, ammunition, or semiautomatic assault
weapon in the commission of a violent felony, shall be
fined under this title, imprisoned not more than 20
years, or both.
``(C) For purposes of this paragraph a `violent felony'
means conduct as described in section 924(e)(2)(B) of this
title.
``(D) Except as otherwise provided in this chapter, in any
case in which a juvenile is prosecuted in a district court of
the United States, and the juvenile is subject to the penalties
under clause (ii) of paragraph (A), the juvenile shall be
subject to the same laws, rules, and proceedings regarding
sentencing (including the availability of probation,
restitution, fines, forfeiture, imprisonment, and supervised
release) that would be applicable in the case of an adult. No
juvenile sentenced to a term of imprisonment shall be released
from custody simply because the juvenile reaches the age of 18
years.''.
(b) Unlawful Weapons Transfers to Juveniles.--Section 922(x) of
title 18, United States Code, is amended to read as follows:
``(x)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferror knows or has
reasonable cause to believe is a juvenile--
``(A) a handgun;
``(B) ammunition that is suitable for use only in a
handgun;
``(C) a semiautomatic assault weapon; or
``(2) It shall be unlawful for any person who is a juvenile to
knowingly possess--
``(A) a handgun;
``(B) ammunition that is suitable for use only in a
handgun;
``(C) a semiautomatic assault weapon; or
``(3) This subsection does not apply to--
``(A) a temporary transfer of a handgun, ammunition, or a
semiautomatic assault weapon to a juvenile or to the possession
or use of a handgun, ammunition, or a semiautomatic assault
weapon by a juvenile--
``(i) if the handgun, ammunition, or semiautomatic
assault weapon are possessed and used by the juvenile--
``(I) in the course of employment,
``(II) in the course of ranching or farming
related to activities at the residence of the
juvenile (or on property used for ranching or
farming at which the juvenile, with the
permission of the property owner or lessee, is
performing activities related to the operation
of the farm or ranch),
``(III) for target practice,
``(IV) for hunting, or
``(V) for a course of instruction in the
safe and lawful use of a firearm.
``(ii) Clause (i) shall apply only if the
juvenile's possession and use of a handgun, ammunition,
or a semiautomatic assault weapon under this
subparagraph are in accordance with State and local
law, and the following conditions are met--
``(I) except when a parent or guardian of
the juvenile is in the immediate and
supervisory presence of the juvenile, the
juvenile shall have in the juvenile's
possession at all times when a handgun,
ammunition, or a semiautomatic assault weapons
is in the possession of the juvenile, the prior
written consent of the juvenile's parent or
guardian who is not prohibited by Federal,
State, or local law from possessing a firearm
or ammunition; and
``(II) during transportation by the
juvenile directly from the place of transfer to
a place at which an activity described in
clause (i) is to take place the firearm shall
be unloaded and in a locked container or case,
and during the transportation by the juvenile
of that firearm, directly from the place at
which such an activity took place to the
transferor, the firearm shall also be unloaded
and in a locked container or case; or
``(III) with respect to ranching or farming
activities as described in clause (i), a
juvenile may possess and use a handgun,
ammunition, or a semiautomatic assault weapon
with the prior written approval of the
juvenile's parent or legal guardian, if such
approval is on file with the adult who is not
prohibited by Federal, State or local law from
possessing a firearm and that person is
directing the ranching or farming activities of
the juvenile.
``(B) a juvenile who is a member of the Armed Forces of the
United States or the National Guard who possesses or is armed
with a handgun or a semiautomatic assault weapon in the line of
duty;
``(C) a transfer by inheritance of title (but not
possession) of a handgun, ammunition, or a semiautomatic
assault weapon to a juvenile; or
``(D) the possession of a handgun, ammunition, or a
semiautomatic assault weapon taken in defense of the juvenile
or other persons in the residence of the juvenile or a
residence in which the juvenile is an invited guest.
``(4) A handgun, ammunition, or a semiautomatic assault weapon, the
possession of which is transferred to a juvenile in circumstances in
which the transferor is not in violation of this subsection shall not
be subject to permanent confiscation by the Government if its
possession by the juvenile subsequently becomes unlawful because of the
conduct of the juvenile, but shall be returned to the lawful owner when
such handgun, ammunition, or a semiautomatic assault weapon no longer
required by the Government for the purposes of investigation or
prosecution.
``(5) For purposes of this subsection, the term `juvenile' means a
person who is less than 18 years of age.
``(6)(A) in a prosecution of a violation of this subsection, the
court shall require the presence of a juvenile defendant's parent or
legal guardian at all proceedings.
``(B) The court may use the contempt power to enforce subparagraph
(A).
``(C) The court may excuse attendance of a parent or legal guardian
of a juvenile defendant at a proceeding in a prosecution of a violation
of this subsection for good cause shown.''.
SEC. 2. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 180
days after the date of enactment of this Act.
TITLE III--ENHANCED PENALTIES FOR FEDERAL CRIMES INVOLVING FIREARMS
(a) Penalties.--
(1) Section 924(c)(1)(A) of title 18, United States Code,
is amended--
(A) in subsection (ii) by striking ``7 years'' and
inserting ``10 years'';
(B) in subsection (iii) by striking ``10 years''
and inserting ``12 years'';
(C) by inserting after subsection (iii) the
following:
``(iv) if the firearm is used to wound,
injure or maim another person be sentenced to a
term of imprisonment of not less than 15
years.''.
(2) Section 924(h) of title 18, United States Code, is
amended--
(A) by striking ``imprisoned'' and inserting
``sentenced to a term of imprisonment of not less than
5 years, but'' after ``shall be''.
TITLE IV--PROVIDING INCENTIVES TO STATES THAT PROSECUTE JUVENILES AS
ADULTS FOR CERTAIN OFFENSES INVOLVING FIREARMS
(a) Requirements.--No State shall be eligible to receive funding
from the Office of Juvenile Justice Delinquency Prevention funds unless
it demonstrates that the State has in effect or has implemented (or
will have in effect or will have implemented not later than 1 year
after the date on which the State submits the application) laws,
policies, or programs that provide for: ``PROSECUTION OF JUVENILES AS
ADULTS FOR CERTAIN OFFENSES INVOLVING FIREARMS.'' The State shall
prosecute juveniles who are not less than 14 years of age as adults in
criminal court, rather than in juvenile delinquency proceedings, if the
juvenile used, carried or possessed a firearm during the commission of
conduct constituting--
(1) murder;
(2) robbery while armed with a dangerous or deadly weapon;
(3) battery or assault while armed with a dangerous or
deadly weapon;
(4) forcible rape; or
(5) any serious drug offense that, if committed by an adult
subject to Federal jurisdiction, would be punishable under
section 401(b)(1)(A) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(b)(1)(A)).
<all>
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
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