SENATE B 0903 SEC

SENATE B 0903 SEC

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION Vol. 145 WASHINGTON, FRIDAY, JUNE 18, 1999 No. 87 House of Representatives The House met at 9 a.m. S. Con. Res. 40. Concurrent resolution com- gun shows, and for other purposes, with The Chaplain, Reverend James David mending the President and the Armed Forces Mr. THORNBERRY in the chair. Ford, D.D., offered the following pray- for the success of Operation Allied Force. The Clerk read the title of the bill. er: The message also announced that The CHAIRMAN. When the Com- You have given us Your word, gra- pursuant to Public Law 96±388, as mittee of the Whole rose on the legisla- cious God, that You are with us in all amended by Public Law 97±84, the tive day of Thursday, June 17, 1999, a the moments of life. Those times when Chair, on behalf of the President pro request for a recorded vote on amend- we are filled with exaltation and won- tempore, appoints the following Sen- ment number 5 printed in Part B of der and joy and those times when we ators to the United States Holocaust House Report 106±186 by the gentleman feel the pressures of life that cause Memorial CouncilÐ from Florida (Mr. MCCOLLUM) had been anxiety and worry. the Senator from Utah (Mr. HATCH); postponed. We pray, O loving God, that we would the Senator from Alaska (Mr. MUR- It is now in order to consider amend- be surrounded by Your gracious spirit KOWSKI); and ment number 6 printed in Part B of and strengthened by Your mighty the Senator from Michigan (Mr. House report 106±186. hand. Help us to turn away from only ABRAHAM). AMENDMENT NO. 6 OFFERED BY MR. DAVIS OF our private interests and see instead f VIRGINIA how we can help and support others Mr. DAVIS of Virginia. Mr. Chair- through our friendship, our concerns REMOVAL OF NAME OF MEMBER man, I offer an amendment. and our love. AS COSPONSOR OF HOUSE RESO- The CHAIRMAN. The Clerk will des- In Your name we pray. Amen. LUTION 853 ignate the amendment. f Mr. HOBSON. Mr. Speaker, I ask The text of the amendment is as fol- unanimous consent to have my name lows: THE JOURNAL removed as cosponsor of H.R. 853. Part B amendment No. 6 offered by Mr. The SPEAKER. The Chair has exam- The SPEAKER. Is there objection to DAVIS of Virginia: ined the Journal of the last day's pro- the request of the gentleman from At the end of the bill, insert the following: ceedings and announces to the House Ohio? TITLE llÐCHILD HANDGUN SAFETY his approval thereof. There was no objection. SEC. ll1. SHORT TITLE. Pursuant to clause 1, rule I, the Jour- f This title may be cited as the ``Safe Hand- nal stands approved. gun Storage and Child Handgun Safety Act ANNOUNCEMENT BY THE SPEAKER f of 1999''. The SPEAKER. The Chair today will SEC. ll2. PURPOSES. PLEDGE OF ALLEGIANCE entertain 1-minutes at the end of legis- The purposes of this title are as follows: The SPEAKER. Will the gentle- lative business. (1) To promote the safe storage and use of woman from New York (Mrs. MALONEY) f handguns by consumers. come forward and lead the House in the (2) To prevent unauthorized persons from gaining access to or use of a handgun, in- Pledge of Allegiance. MANDATORY GUN SHOW BACKGROUND CHECK ACT cluding children who may not be in posses- Mrs. MALONEY of New York led the sion of a handgun, unless it is under one of Pledge of Allegiance as follows: The SPEAKER. Pursuant to House the circumstances provided for in the Youth I pledge allegiance to the Flag of the Resolution 209 and rule XVIII, the Handgun Safety Act. United States of America, and to the Repub- Chair declares the House in the Com- (3) To avoid hindering industry from sup- lic for which it stands, one nation under God, mittee of the Whole House on the State plying law abiding citizens firearms for all indivisible, with liberty and justice for all. of the Union for the further consider- lawful purposes, including hunting, self-de- f ation of the bill, H.R. 2122. fense, collecting and competitive or rec- reational shooting. MESSAGE FROM THE SENATE b 0903 SEC. ll3. FIREARMS SAFETY. A message from the Senate by Mr. IN THE COMMITTEE OF THE WHOLE (a) UNLAWFUL ACTS.Ð Lundregan, one of its clerks, an- Accordingly, the House resolved (1) MANDATORY TRANSFER OF SECURE GUN STORAGE OR SAFETY DEVICE.ÐSection 922 of nounced that the Senate had passed a itself into the Committee of the Whole title 18, United States Code, is amended by concurrent resolution of the following House on the State of the Union for the inserting after subsection (y) the following: title, in which the concurrence of the further consideration of the bill (H.R. ``(z) SECURE GUN STORAGE OR SAFETY DE- House is requested: 2122) to require background checks at VICE.Ð b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. H4619 . H4620 CONGRESSIONAL RECORD Ð HOUSE June 18, 1999 ``(1) IN GENERAL.ÐExcept as provided in ``(ii) subject the licensee to a civil penalty nificant public health threat that has paragraph (2), it shall be unlawful for any li- in an amount equal to not more than $2,500. to be addressed. censed manufacturer, licensed importer, or ``(B) REVIEW.ÐAn action of the Secretary The fact is that children are inquisi- licensed dealer to sell, deliver, or transfer under this paragraph may be reviewed only tive and adept at finding those things any handgun to any person other than any as provided in section 923(f). in the house that are dangerous. These person licensed under the provisions of this ``(2) ADMINISTRATIVE REMEDIES.ÐThe sus- chapter, unless the transferee is provided pension or revocation of a license or the im- dangers can vary from household prod- with a secure gun storage or safety device, as position of a civil penalty under paragraph ucts to prescription medicines and even described in section 921(a)(34), for that hand- (1) does not preclude any administrative guns. Now, we have put child safety gun. remedy that is otherwise available to the caps on medicine, we have encouraged ``(2) EXCEPTIONS.ÐParagraph (1) does not Secretary.''. parents to lock up household chemi- apply to theÐ (c) MODIFICATION OF DEFINITION OF SECURE cals, but gun safety in the home has ``(A)(i) manufacture for, transfer to, or pos- GUN STORAGE OR SAFETY DEVICE.ÐSection been lacking. session by, the United States or a State or a 921(a)(34) of title 18, United States Code, is In a 1995 study, the Archives of Pedi- department or agency of the United States, amendedÐ atric and Adolescent Medicine found or a State or a department, agency, or polit- (1) by striking ``or'' at the end of subpara- ical subdivision of a State, of a handgun; or graph (B); that children as young as 3 are strong ``(ii) transfer to, or possession by, a law en- (2) by striking the period at the end of sub- enough to fire most commercially forcement officer employed by an entity re- paragraph (C) and inserting ``; or''; and available handguns. Having three chil- ferred to in clause (i) of a handgun for law (3) by adding at the end the following: dren of my own, I can testify to the dif- enforcement purposes (whether on or off ``(D) a device that is easily removable from ficulty of telling a 3-year-old not to duty); or a firearm and that, if removed from a fire- play with something. ``(B) transfer to, or possession by, a rail po- arm, is designed to prevent the discharge of This amendment addresses the issue lice officer employed by a rail carrier and the firearm by any person who does not have of minimum handgun safety standards certified or commissioned as a police officer access to the device.''. under the laws of a State of a handgun for by requiring that every handgun sold (d) LIABILITY; EVIDENCE.Ð has to include safe handgun storage or purposes of law enforcement (whether on or (1) LIABILITY.ÐNothing in this title shall off duty); be construed toÐ an individual safety device. ``(C) transfer to any person of a handgun (A) create a cause of action against any I have the enviable task today of of- listed as a curio or relic by the Secretary Federal firearms licensee or any other per- fering an amendment that has received pursuant to section 921(a)(13); or son for any civil liability; or strong support from almost every ``(D) transfer to any person of a handgun (B) establish any standard of care. group that has weighed in on this de- for which a secure gun storage or safety de- (2) EVIDENCE.ÐNotwithstanding any other bate. In a few minutes, this House will vice is temporarily unavailable for the rea- provision of law, evidence regarding compli- be addressed by Republicans and Demo- sons described in the exceptions stated in ance or noncompliance with the amendments section 923(e): Provided, That the licensed crats, liberals and conservatives, and made by this title shall not be admissible as rural and urban Members who all will manufacturer, licensed importer, or licensed evidence in any proceeding of any court, dealer delivers to the transferee within 10 agency, board, or other entity, except with support this amendment.

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