USDOJ: United States Department of Justice Archive- Appendix B

APPENDIX B

STATUS IN CONGRESS OF LEGISLATIVE PROPOSALS INCLUDED IN THIS REPORT

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Summary of Legislative Proposal Corresponding Proposal in the President's Youth Crime Gun Enforcement Act Status in Congress

Expand penalties for armed career criminals, including as predicates up to 2 convictions for violation of the felon-in-possession prohibition, and acts of juvenile delinquency that, if committed by an adult, would constitute serious drug trafficking offenses. Sections 503 and 504 These proposals were adopted by the House as sections 612-613 of H.R. 1501. Narrower amendments to the Armed Career Criminal Act were passed by the Senate as section 210 of S. 254.

Strengthening penalties for gun kingpins. Section 308 This proposal was adopted by the House as section 606 of H.R. 1501

Increase penalties for firearms conspiracies. Section 502 Adopted by the House as section 611 of H.R. 1501.

Include certain gang-related offenses as RICO predicates. Section 501 Not adopted by House or Senate.

Enact tougher criminal penalties for serious FFL recordkeeping violations that aid gun trafficking. Section 309 This proposal was adopted by the House as section 607 of H.R. 1501.

Increase existing penalties for those who transfer handguns to juveniles and those juveniles who unlawfully possess handguns. Section 202 Different proposals to enhance
penalties under the YHSA were
passed by the Senate as section 851 of S. 254, and by the House as sections 401 and 402 of H.R. 1501.

Provide a criminal penalty for structuring transactions to avoid reporting multiple handgun sales. Not included in YCGEA. Not adopted by House or Senate.

Penalize individuals who transfer firearms when they have reasonable cause to believe the guns will be used to commit a crime of violence or drug trafficking crime. Section 305 Not adopted by House or Senate.

Extend the statute of limitations for National Firearms Act prosecutions. Section 505 Not adopted by House or Senate.

Close the gun show loophole by requiring a Brady background check
for all gun show transactions.
Sections 101-102 A similar proposal was adopted by the Senate as section 1635 of S. 254.

Close the state permit loophole under the Brady Act. Section 301 Not adopted by House or Senate.

Limit handgun purchases by
individuals to one a month.
Section 301 Not adopted by House or Senate.

Amend the definition of "engaged in the business" of dealing in firearms. Not included in YCGEA. Not adopted by House or Senate.

Create a new straw purchase violation for FFLs. Not included in YCGEA. Not adopted by House or Senate.

Require common and contract carriers to report stolen or lost guns. Section 303 Passed by House as section 502 of H.R. 1501.

Require FFLs to submit multiple sales reports to ATF
whenever a person buys two or more handguns from a single licensee within a 30- day period.
Not included in YCGEA. Not adopted by House or Senate.

Allow law enforcement authorities to use the forfeiture laws to combat gun trafficking. Sections 313 and 506 Narrower provisions passed the House as sections 610 and 614 of H.R. 1501.

Raise the minimum age for handgun possession from 18 to 21. Section 201 Not adopted by House or Senate.

Prevent youth access to semiautomatic assault rifles and large capacity ammunition feeding devices. Section 201 A narrower proposal was passed by the Senate as section 851 of S. 254.

Reinstate controls on the sale of ammunition. Not included in YCGEA. Not adopted by House or Senate.

Prohibit anyone under indictment on felony charges from possessing a firearm. Not included in YCGEA. Not adopted by House or Senate.

Keep guns from convicted felons whose rights were restored under State law without individualized consideration. Section 104 Not adopted by House or Senate.

Prohibit possession of firearms by those who were adjudicated delinquent, as juveniles, for certain violent crimes (Juvenile Brady). Section 104 A narrower proposal was passed by the Senate as section 1601 of S. 254.

Require FFLs to report limited information to ATF about used guns to aid in the tracing of secondhand guns used in crimes. Section 306 Not adopted by House or Senate.

Require manufacturers and importers to test fire cartridges and enter the gunprints into NIBIN. Not included in YCGEA. Not adopted by House or Senate.

Increase criminal penalties for transactions involving firearms with obliterated serial numbers. Section 312 Passed by the House as section 609 of H.R. 1501.

Require a second "hidden" serial number on all firearms. Not included in YCGEA. Not adopted by House or Senate.

Allow FFLs voluntarily to submit old records to ATF's National Tracing Center. Section 307 Passed by House as section 503 of H.R. 1501.

Allow ATF to inspect licensee more than once a year. Section 304 Not adopted by House or Senate.

Allow the termination of the licenses of FFLs who have been convicted of felonies. Section 311 Adopted by House as section 608 of H.R. 1501.

Provide additional administrative remedies, such as license suspension and civil monetary penalties, for licensee violations. Section 310 Not adopted by House or Senate.

Require FFLs to securely store their inventories by allowing ATF to establish FFL security standards. Section 302 Not adopted by House or Senate.

Create a separate license for
gunsmiths.
Section 507 Passed by the House as section 615 of H.R. 1501.

License handgun purchasers. Not included in YCGEA. Not adopted by House or Senate.

Prevent child access to firearms. Section 204 Not adopted by House or Senate.

Require a 72-hour waiting period for handgun purchases. Section 103 Not adopted by House or Senate.

Require licensees to provide gun storage or safety devices, such as safety locks, with every firearm sold. Section 203 A narrower proposal was passed by the Senate as sections 1001-1004 of S. 254.

Ban the importation of all large capacity ammunition feeding devices.
Section 401 A similar provision was passed by the Senate in sections 701-704 of S. 254.

Require domestically-manufactured firearms to meet the same design standards as imported firearms. Not included in YCGEA. Not adopted by House or Senate.

Ban domestically manufactured .50 caliber sniper rifles. Not included in YCGEA. Not adopted by House or Senate.

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Summary of Legislative Proposal	Corresponding Proposal in the President's Youth Crime Gun Enforcement Act	Status in Congress
Expand penalties for armed career criminals, including as predicates up to 2 convictions for violation of the felon-in-possession prohibition, and acts of juvenile delinquency that, if committed by an adult, would constitute serious drug trafficking offenses.	Sections 503 and 504	These proposals were adopted by the House as sections 612-613 of H.R. 1501. Narrower amendments to the Armed Career Criminal Act were passed by the Senate as section 210 of S. 254.
Strengthening penalties for gun kingpins.	Section 308	This proposal was adopted by the House as section 606 of H.R. 1501
Increase penalties for firearms conspiracies.	Section 502	Adopted by the House as section 611 of H.R. 1501.
Include certain gang-related offenses as RICO predicates.	Section 501	Not adopted by House or Senate.
Enact tougher criminal penalties for serious FFL recordkeeping violations that aid gun trafficking.	Section 309	This proposal was adopted by the House as section 607 of H.R. 1501.
Increase existing penalties for those who transfer handguns to juveniles and those juveniles who unlawfully possess handguns.	Section 202	Different proposals to enhance penalties under the YHSA were passed by the Senate as section 851 of S. 254, and by the House as sections 401 and 402 of H.R. 1501.
Provide a criminal penalty for structuring transactions to avoid reporting multiple handgun sales.	Not included in YCGEA.	Not adopted by House or Senate.
Penalize individuals who transfer firearms when they have reasonable cause to believe the guns will be used to commit a crime of violence or drug trafficking crime.	Section 305	Not adopted by House or Senate.
Extend the statute of limitations for National Firearms Act prosecutions.	Section 505	Not adopted by House or Senate.
Close the gun show loophole by requiring a Brady background check for all gun show transactions.	Sections 101-102	A similar proposal was adopted by the Senate as section 1635 of S. 254.
Close the state permit loophole under the Brady Act.	Section 301	Not adopted by House or Senate.
Limit handgun purchases by individuals to one a month.	Section 301	Not adopted by House or Senate.
Amend the definition of "engaged in the business" of dealing in firearms.	Not included in YCGEA.	Not adopted by House or Senate.
Create a new straw purchase violation for FFLs.	Not included in YCGEA.	Not adopted by House or Senate.
Require common and contract carriers to report stolen or lost guns.	Section 303	Passed by House as section 502 of H.R. 1501.
Require FFLs to submit multiple sales reports to ATF whenever a person buys two or more handguns from a single licensee within a 30- day period.	Not included in YCGEA.	Not adopted by House or Senate.
Allow law enforcement authorities to use the forfeiture laws to combat gun trafficking.	Sections 313 and 506	Narrower provisions passed the House as sections 610 and 614 of H.R. 1501.
Raise the minimum age for handgun possession from 18 to 21.	Section 201	Not adopted by House or Senate.
Prevent youth access to semiautomatic assault rifles and large capacity ammunition feeding devices.	Section 201	A narrower proposal was passed by the Senate as section 851 of S. 254.
Reinstate controls on the sale of ammunition.	Not included in YCGEA.	Not adopted by House or Senate.
Prohibit anyone under indictment on felony charges from possessing a firearm.	Not included in YCGEA.	Not adopted by House or Senate.
Keep guns from convicted felons whose rights were restored under State law without individualized consideration.	Section 104	Not adopted by House or Senate.
Prohibit possession of firearms by those who were adjudicated delinquent, as juveniles, for certain violent crimes (Juvenile Brady).	Section 104	A narrower proposal was passed by the Senate as section 1601 of S. 254.
Require FFLs to report limited information to ATF about used guns to aid in the tracing of secondhand guns used in crimes.	Section 306	Not adopted by House or Senate.
Require manufacturers and importers to test fire cartridges and enter the gunprints into NIBIN.	Not included in YCGEA.	Not adopted by House or Senate.
Increase criminal penalties for transactions involving firearms with obliterated serial numbers.	Section 312	Passed by the House as section 609 of H.R. 1501.
Require a second "hidden" serial number on all firearms.	Not included in YCGEA.	Not adopted by House or Senate.
Allow FFLs voluntarily to submit old records to ATF's National Tracing Center.	Section 307	Passed by House as section 503 of H.R. 1501.
Allow ATF to inspect licensee more than once a year.	Section 304	Not adopted by House or Senate.
Allow the termination of the licenses of FFLs who have been convicted of felonies.	Section 311	Adopted by House as section 608 of H.R. 1501.
Provide additional administrative remedies, such as license suspension and civil monetary penalties, for licensee violations.	Section 310	Not adopted by House or Senate.
Require FFLs to securely store their inventories by allowing ATF to establish FFL security standards.	Section 302	Not adopted by House or Senate.
Create a separate license for gunsmiths.	Section 507	Passed by the House as section 615 of H.R. 1501.
License handgun purchasers.	Not included in YCGEA.	Not adopted by House or Senate.
Prevent child access to firearms.	Section 204	Not adopted by House or Senate.
Require a 72-hour waiting period for handgun purchases.	Section 103	Not adopted by House or Senate.
Require licensees to provide gun storage or safety devices, such as safety locks, with every firearm sold.	Section 203	A narrower proposal was passed by the Senate as sections 1001-1004 of S. 254.
Ban the importation of all large capacity ammunition feeding devices.	Section 401	A similar provision was passed by the Senate in sections 701-704 of S. 254.
Require domestically-manufactured firearms to meet the same design standards as imported firearms.	Not included in YCGEA.	Not adopted by House or Senate.
Ban domestically manufactured .50 caliber sniper rifles.	Not included in YCGEA.	Not adopted by House or Senate.