The Crime Bill: Firearm Provisions, as Passed

Jump Directly To:

• Subtitle A - Assault Weapons
• Subtitle B - Youth Handgun Safety
• Subtitle C - Licensure
• Subtitle D - Domestic Violence
• Subtitle E - Gun Crime Penalties
• Appendix A - "Protected" Guns

TITLE XI-FIREARMS

SEC. 110101. SHORT TITLE.

SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

• (a) RESTRICTION.-Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection:
  • "(v)(1) It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon.
  • "(2) Paragraph (1) shall not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of the enactment of this subsection.
  • "(3) Paragraph (1) shall not apply to-
    • "(A) any of the firearms, or replicas or duplicates of the firearms, specified in Appendix A to this section, as such firearms were manufactured on October 1, 1993;
    • "(B) any firearm that-
      • "(i) is manually operated by bolt, pump, lever, or slide action;
      • "(ii) has been rendered permanently inoperable; or
      • "(iii) is an antique firearm;
    • "(C) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; or
    • "(D) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine.
    The fact that a firearm is not listed in Appendix A shall not be construed to mean that paragraph (1) applies to such firearm. No firearm exempted by this subsection may be deleted from Appendix A so long as this subsection is in effect.
  • "(4) Paragraph (1) shall not apply to-
    • "(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);
    • "(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;
    • "(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon transferred to the individual by the agency upon such retirement; or
    • "(D) the manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.".
• (b) DEFINITION OF SEMIAUTOMATIC ASSAULT WEAPON.-Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph:

  "(30) The term `semiautomatic assault weapon' means-

  • "(A) any of the firearms, or copies or duplicates of the firearms in any caliber, known as-
    • "(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
    • "(ii) Action Arms Israeli Military Industries UZI and Galil;
    • "(iii) Beretta Ar70 (SC-70);
    • "(iv) Colt AR-15;
    • "(v) Fabrique National FN/FAL, FN/LAR, and FNC;
    • "(vi) SWD M-10, M-11, M-11/9, and M-12;
    • "(vii) Steyr AUG;
    • "(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
    • "(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;
  • "(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of-
    • "(i) a folding or telescoping stock;
    • "(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
    • "(iii) a bayonet mount;
    • "(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
    • "(v) a grenade launcher;
  • "(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of-
    • "(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
    • "(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
    • "(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
    • "(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and
    • "(v) a semiautomatic version of an automatic firearm; and
  • "(D) a semiautomatic shotgun that has at least 2 of-
    • "(i) a folding or telescoping stock;
    • "(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
    • "(iii) a fixed magazine capacity in excess of 5 rounds; and
    • "(iv) an ability to accept a detachable magazine.".
• (c) PENALTIES.-
  • (1) VIOLATION OF SECTION 922(v).-Section 924(a)(1)(B) of such title is amended by striking "or (q) of section 922" and inserting "(r), or (v) of section 922".
  • (2) USE OR POSSESSION DURING CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME.-Section 924(c)(1) of such title is amended in the first sentence by inserting ", or semiautomatic assault weapon," after "short-barreled shotgun,".
• (d) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC ASSAULT WEAPONS.-Section 923(i) of such title is amended by adding at the end the following: "The serial number of any semiautomatic assault weapon manufactured after the date of the enactment of this sentence shall clearly show the date on which the weapon was manufactured.".

SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

• (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection:
  • "(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.
  • "(2) Paragraph (1) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of the enactment of this subsection.
  • "(3) This subsection shall not apply to-
    • "(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);
    • "(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;
    • "(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon such retirement; or
    • "(D) the manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.
  • "(4) If a person charged with violating paragraph (1) asserts that paragraph (1) does not apply to such person because of paragraph (2) or (3), the Government shall have the burden of proof to show that such paragraph (1) applies to such person. The lack of a serial number as described in section 923(i) of title 18, United States Code, shall be a presumption that the large capacity ammunition feeding device is not subject to the prohibition of possession in paragraph (1).".
• (b) DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE.-Section 921(a) of title 18, United States Code, as amended by section 110102(b), is amended by adding at the end the following new paragraph:

  "(31) The term `large capacity ammunition feeding device'-

  • "(A) means a magazine, belt, drum, feed strip, or similar device manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994 that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but
  • "(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.".
• (c) PENALTY.-Section 924(a)(1)(B) of title 18, United States Code, as amended by section 110102(c)(1), is amended by striking "or (v)" and inserting "(v), or (w)".
• (d) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION FEEDING DEVICES.-Section 923(i) of title 18, United States Code, as amended by section 110102(d) of this Act, is amended by adding at the end the following: "A large capacity ammunition feeding device manufactured after the date of the enactment of this sentence shall be identified by a serial number that clearly shows that the device was manufactured or imported after the effective date of this subsection, and such other identification as the Secretary may by regulation prescribe.".

SEC. 110104. STUDY BY ATTORNEY GENERAL.

• (a) STUDY.-The Attorney General shall investigate and study the effect of this subtitle and the amendments made by this subtitle, and in particular shall determine their impact, if any, on violent and drug trafficking crime. The study shall be conducted over a period of 18 months, commencing 12 months after the date of enactment of this Act.
• (b) REPORT.-Not later than 30 months after the date of enactment of this Act, the Attorney General shall prepare and submit to the Congress a report setting forth in detail the findings and determinations made in the study under subsection (a).

SEC. 110105. EFFECTIVE DATE.

• (1) shall take effect on the date of the enactment of this Act; and
• (2) are repealed effective as of the date that is 10 years after that date.

SEC. 110106. APPENDIX A TO SECTION 922 OF TITLE 18.

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Subtitle B-Youth Handgun Safety

SEC. 110201. PROHIBITION OF THE POSSESSION OF A HANDGUN OR AMMUNITION BY, OR THE PRIVATE TRANSFER OF A HANDGUN OR AMMUNITION TO, A JUVENILE.

• (a) OFFENSE.-Section 922 of title 18, United States Code, as amended by section 110103(a), is amended by adding at the end the following new subsection:
  • "(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-
    • "(A) a handgun; or
    • "(B) ammunition that is suitable for use only in a handgun.
  • "(2) It shall be unlawful for any person who is a juvenile to knowingly possess-
    • "(A) a handgun; or
    • "(B) ammunition that is suitable for use only in a handgun.
  • "(3) This subsection does not apply to-
    • "(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile-
      • "(i) in the course of employment, 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), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;
      • "(ii) with 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, except-
        • "(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or
        • "(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;
      • "(iii) the juvenile has the prior written consent in the juvenile's possession at all times when a handgun is in the possession of the juvenile; and
      • "(iv) in accordance with State and local law;
    • "(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 in the line of duty;
    • "(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
    • "(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
  • "(4) A handgun or ammunition, 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 or ammunition is 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.".
• (b) PENALTIES.-Section 924(a) of title 18, United States Code, is amended-
  • (1) in paragraph (1) by striking "paragraph (2) or (3) of"; and
  • (2) by adding at the end the following new paragraph:
    • "(5)
      • (A)
        • (i) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than 1 year, or both, except that a juvenile described in clause (ii) shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation.
        • "(ii) A juvenile is described in this clause if-
          • "(I) the offense of which the juvenile is charged is possession of a handgun or ammunition 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.
      • "(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 or ammunition 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 or ammunition in the commission of a crime of violence, shall be fined under this title, imprisoned not more than 10 years, or both.".
• (c) TECHNICAL AMENDMENT OF JUVENILE DELINQUENCY PROVISIONS IN TITLE 18, UNITED STATES CODE.-
  • (1) SECTION 5031.-Section 5031 of title 18, United States Code, is amended by inserting "or a violation by such a person of section 922(x)" before the period at the end.
  • (2) SECTION 5032.-Section 5032 of title 18, United States Code, is amended-
    • (A) in the first undesignated paragraph by inserting "or (x)" after "922(p)"; and
    • (B) in the fourth undesignated paragraph by inserting "or section 922(x) of this title," before "criminal prosecution on the basis".
• (d) TECHNICAL AMENDMENT OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974.-Section 223(a)(12)(A) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A)) is amended by striking "which do not constitute violations of valid court orders" and inserting "(other than an offense that constitutes a violation of a valid court order or a violation of section 922(x) of title 18, United States Code, or a similar State law)."
• (e) MODEL LAW.-The Attorney General, acting through the Director of the National Institute for Juvenile Justice and Delinquency Prevention, shall-
  • (1) evaluate existing and proposed juvenile handgun legislation in each State;
  • (2) develop model juvenile handgun legislation that is constitutional and enforceable;
  • (3) prepare and disseminate to State authorities the findings made as the result of the evaluation; and
  • (4) report to Congress by December 31, 1995, findings and recommendations concerning the need or appropriateness of further action by the Federal Government.

SEC. 110301. FIREARMS LICENSURE AND REGISTRATION TO REQUIRE A PHOTOGRAPH AND FINGERPRINTS.

• (a) FIREARMS LICENSURE.-Section 923(a) of title 18, United States Code, is amended in the second sentence by inserting "and shall include a photograph and fingerprints of the applicant" before the period.
• (b) REGISTRATION.-Section 5802 of the Internal Revenue Code of 1986 is amended by inserting after the first sentence the following: "An individual required to register under this section shall include a photograph and fingerprints of the individual with the initial application.".

SEC. 110302. COMPLIANCE WITH STATE AND LOCAL LAW AS A CONDITION TO LICENSE.

• (1) by striking "and" at the end of subparagraph (D);
• (2) by striking the period at the end of subparagraph (E) and inserting "; and"; and
• (3) by adding at the end the following new subparagraph:
  • "(F) the applicant certifies that-
    • "(i) the business to be conducted under the license is not prohibited by State or local law in the place where the licensed premise is located;
    • "(ii)
      • "(I) within 30 days after the application is approved the business will comply with the requirements of State and local law applicable to the conduct of the business; and
      • "(II) the business will not be conducted under the license until the requirements of State and local law applicable to the business have been met; and
    • "(iii) that the applicant has sent or delivered a form to be prescribed by the Secretary, to the chief law enforcement officer of the locality in which the premises are located, which indicates that the applicant intends to apply for a Federal firearms license.".

SEC. 110303. ACTION ON FIREARMS LICENSE APPLICATION.

SEC. 110304. INSPECTION OF FIREARMS LICENSEES' INVENTORY AND RECORDS.

• "(ii) for ensuring compliance with the record keeping requirements of this chapter-
  • "(I) not more than once during any 12-month period; or
  • "(II) at any time with respect to records relating to a firearm involved in a criminal investigation that is traced to the licensee.".

SEC. 110305. REPORTS OF THEFT OR LOSS OF FIREARMS.

• "(6) Each licensee shall report the theft or loss of a firearm from the licensee's inventory or collection, within 48 hours after the theft or loss is discovered, to the Secretary and to the appropriate local authorities.".

SEC. 110306. RESPONSES TO REQUESTS FOR INFORMATION.

• "(7) Each licensee shall respond immediately to, and in no event later than 24 hours after the receipt of, a request by the Secretary for information contained in the records required to be kept by this chapter as may be required for determining the disposition of 1 or more firearms in the course of a bona fide criminal investigation. The requested information shall be provided orally or in writing, as the Secretary may require. The Secretary shall implement a system whereby the licensee can positively identify and establish that an individual requesting information via telephone is employed by and authorized by the agency to request such information.".

SEC. 110307. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS LICENSEES.

• "(1) The Secretary of the Treasury shall notify the chief law enforcement officer in the appropriate State and local jurisdictions of the names and addresses of all persons in the State to whom a firearms license is issued.".

SEC. 110401. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR RECEIPT OF FIREARMS BY, PERSONS WHO HAVE COMMITTED DOMESTIC ABUSE.

• (a) INTIMATE PARTNER DEFINED.-Section 921(a) of title 18, United States Code, as amended by section 110103(b), is amended by inserting at the end the following new paragraph:
  • "(32) The term `intimate partner' means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person.".
• (b) PROHIBITION AGAINST DISPOSAL OF FIREARMS.-Section 922(d) of title 18, United States Code, is amended-
  • (1) by striking "or" at the end of paragraph (6);
  • (2) by striking the period at the end of paragraph (7) and inserting "; or"; and
  • (3) by inserting after paragraph (7) the following new paragraph:
    • "(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that-
      • "(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
      • "(B)
        • "(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
        • "(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.".
• (c) PROHIBITION AGAINST RECEIPT OF FIREARMS.-Section 922(g) of title 18, United States Code, is amended-
  • (1) by striking "or" at the end of paragraph (6);
  • (2) by inserting "or" at the end of paragraph (7); and
  • (3) by inserting after paragraph (7) the following:
    • "(8) who is subject to a court order that-
      • "(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
      • "(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
      • "(C)
        • "(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
        • "(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury,".
• (d) STORAGE OF FIREARMS.-Section 926(a) of title 18, United States Code, is amended-
  • (1) by striking "and" at the end of paragraph (1);
  • (2) by striking the period at the end of paragraph (2) and inserting "; and"; and
  • (3) by inserting after paragraph (2) the following:
    • "(3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8) or (g)(8) of section 922.".
• (e) RETURN OF FIREARMS.-Section 924(d)(1) of title 18, United States Code, is amended by striking "the seized" and inserting "or lapse of or court termination of the restraining order to which he is subject, the seized or relinquished".

SEC. 110501. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM DURING A CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME.

• (a) AMENDMENT TO SENTENCING GUIDELINES.-Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend its sentencing guidelines to provide an appropriate enhancement of the punishment for a crime of violence (as defined in section 924(c)(3) of title 18, United States Code) or a drug trafficking crime (as defined in section 924(c)(2) of title 18, United States Code) if a semiautomatic firearm is involved.
• (b) SEMIAUTOMATIC FIREARM.-In subsection (a), "semiautomatic firearm" means any repeating firearm that utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round and that requires a separate pull of the trigger to fire each cartridge. [pH8832]

SEC. 110502. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE TO COMMIT A FELONY.

SEC. 110503. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.

• "(j) A person who, with intent to engage in or to promote conduct that-
  • "(1) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.);
  • "(2) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); or
  • "(3) constitutes a crime of violence (as defined in subsection (c)(3), smuggles or knowingly brings into the United States a firearm, or attempts to do so, shall be imprisoned not more than 10 years, fined under this title, or both.".

SEC. 110504. THEFT OF FIREARMS AND EXPLOSIVES.

• (a) FIREARMS.-Section 924 of title 18, United States Code, as amended by section 110203(a), is amended by adding at the end the following new subsection:
  • "(k) A person who steals any firearm which is moving as, or is a part of, or which has moved in, interstate or foreign commerce shall be imprisoned for not more than 10 years, fined under this title, or both.".
• (b) EXPLOSIVES.-Section 844 of title 18, United States Code, is amended by adding at the end the following new subsection:
  • "(k) A person who steals any explosives materials which are moving as, or are a part of, or which have moved in, interstate or foreign commerce shall be imprisoned for not more than 10 years, fined under this title, or both.".

SEC. 110505. REVOCATION OF SUPERVISED RELEASE AFTER IMPRISONMENT.

• (1) in subsection (d) by striking "possess illegal controlled substances" and inserting "unlawfully possess a controlled substance";
• (2) in subsection (e)-
  • (A) by striking "person" each place such term appears in such subsection and inserting "defendant"; and
  • (B) by amending paragraph (3) to read as follows:
    • "(3) revoke a term of supervised release, and require the defendant to serve in prison all or part of the term of supervised release authorized by statute for the offense that resulted in such term of supervised release without credit for time previously served on postrelease supervision, if the court, pursuant to the Federal Rules of Criminal Procedure applicable to revocation of probation or supervised release, finds by a preponderance of the evidence that the defendant violated a condition of supervised release, except that a defendant whose term is revoked under this paragraph may not be required to serve more than 5 years in prison if the offense that resulted in the term of supervised release is a class A felony, more than 3 years in prison if such offense is a class B felony, more than 2 years in prison if such offense is a class C or D felony, or more than one year in any other case; or"; and
• (3) by striking subsection (g) and inserting the following:
  • "(g) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE OR FIREARM OR FOR REFUSAL TO COMPLY WITH DRUG TESTING.-If the defendant-
    • "(1) possesses a controlled substance in violation of the condition set forth in subsection (d);
    • "(2) possesses a firearm, as such term is defined in section 921 of this title, in violation of Federal law, or otherwise violates a condition of supervised release prohibiting the defendant from possessing a firearm; or
    • "(3) refuses to comply with drug testing imposed as a condition of supervised release;
    the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3).
  • "(h) SUPERVISED RELEASE FOLLOWING REVOCATION.-When a term of supervised release is revoked and the defendant is required to serve a term of imprisonment that is less than the maximum term of imprisonment authorized under subsection (e)(3), the court may include a requirement that the defendant be placed on a term of supervised release after imprisonment. The length of such a term of supervised release shall not exceed the term of supervised release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment that was imposed upon revocation of supervised release.
  • "(i) DELAYED REVOCATION.-The power of the court to revoke a term of supervised release for violation of a condition of supervised release, and to order the defendant to serve a term of imprisonment and, subject to the limitations in subsection (h), a further term of supervised release, extends beyond the expiration of the term of supervised release for any period reasonably necessary for the adjudication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation.".

SEC. 110506. REVOCATION OF PROBATION.

• (a) IN GENERAL.-Section 3565(a) of title 18, United States Code, is amended-
  • (1) in paragraph (2) by striking "impose any other sentence that was available under subchapter A at the time of the initial sentencing" and inserting "resentence the defendant under subchapter A"; and
  • (2) by striking the last sentence.
• (b) MANDATORY REVOCATION.-Section 3565(b) of title 18, United States Code, is amended to read as follows:
  • "(b) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE OR FIREARM OR REFUSAL TO COMPLY WITH DRUG TESTING.-If the defendant-
    • "(1) possesses a controlled substance in violation of the condition set forth in section 3563(a)(3);
    • "(2) possesses a firearm, as such term is defined in section 921 of this title, in violation of Federal law, or otherwise violates a condition of probation prohibiting the defendant from possessing a firearm; or
    • "(3) refuses to comply with drug testing, thereby violating the condition imposed by section 3563(a)(4),
    the court shall revoke the sentence of probation and resentence the defendant under subchapter A to a sentence that includes a term of imprisonment.".

SEC. 110507. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE, MATERIAL STATEMENT IN CONNECTION WITH THE ACQUISITION OF A FIREARM FROM A LICENSED DEALER.

• (1) in subsection (a)(1)(B) by striking "(a)(6),"; and
• (2) in subsection (a)(2) by inserting "(a)(6)," after "subsections".

SEC. 110508. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.

SEC. 110509. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.

• (1) by inserting "(1)" after "(c)"; and
• (2) by adding at the end the following new paragraphs:
  • "(2) Notwithstanding paragraph (1), in the case of the seizure of any explosive materials for any offense for which the materials would be subject to forfeiture in which it would be impracticable or unsafe to remove the materials to a place of storage or would be unsafe to store them, the seizing officer may destroy the explosive materials forthwith. Any destruction under this paragraph shall be in the presence of at least 1 credible witness. The seizing officer shall make a report of the seizure and take samples as the Secretary may by regulation prescribe.
  • "(3) Within 60 days after any destruction made pursuant to paragraph (2), the owner of (including any person having an interest in) the property so destroyed may make application to the Secretary for reimbursement of the value of the property. If the claimant establishes to the satisfaction of the Secretary that-
    • "(A) the property has not been used or involved in a violation of law; or
    • "(B) any unlawful involvement or use of the property was without the claimant's knowledge, consent, or willful blindness,
    the Secretary shall make an allowance to the claimant not exceeding the value of the property destroyed.".

SEC. 110510. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.

• (a) SECTION 924(e)(1) OF TITLE 18.-Section 924(e)(1) of title 18, United States Code, is amended by striking ", and such person shall not be eligible for parole with respect to the sentence imposed under this subsection".
• (b) SECTION 924(c)(1) OF TITLE 18.-Section 924(c)(1) of title 18, United States Code, is amended by striking "No person sentenced under this subsection shall be eligible for parole during the term of imprisonment imposed under this subsection.".

SEC. 10511. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN FIREARMS, WHICH HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE.

• "(j) It shall be unlawful for any person to receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, which is moving as, which is a part of, which constitutes, or which has been shipped or transported in, interstate or foreign commerce, either before or after it was stolen, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.".

SEC. 110512. USING A FIREARM IN THE COMMISSION OF COUNTERFEITING OR FORGERY.

SEC. 110513. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY VIOLENT FELONS AND SERIOUS DRUG OFFENDERS.

• (1) appropriately enhance penalties in cases in which a defendant convicted under section 922(g) of title 18, United States Code, has 1 prior conviction by any court referred to in section 922(g)(1) of title 18 for a violent felony (as defined in section 924(e)(2)(B) of that title) or a serious drug offense (as defined in section 924(e)(2)(A) of that title); and
• (2) appropriately enhance penalties in cases in which such a defendant has 2 prior convictions for a violent felony (as so defined) or a serious drug offense (as so defined).

SEC. 110514. RECEIPT OF FIREARMS BY NONRESIDENT.

• (1) by striking "and" at the end of paragraph (7);
• (2) by striking the period at the end of paragraph (8) and inserting "; and"; and
• (3) by adding at the end the following new paragraph:
  • "(9) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State to receive any firearms unless such receipt is for lawful sporting purposes.".

SEC. 110515. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.

• (a) FIREARMS.-Section 924 of title 18, United States Code, as amended by section 110504(a), is amended by adding at the end the following new subsection:
  • "(l) A person who steals any firearm from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall be fined under this title, imprisoned not more than 10 years, or both.".
• (b) EXPLOSIVES.-Section 844 of title 18, United States Code, as amended by section 110204(b), is amended by adding at the end the following new subsection:
  • "(l) A person who steals any explosive material from a licensed importer, licensed manufacturer, or licensed dealer, or from any permittee shall be fined under this title, imprisoned not more than 10 years, or both.".

SEC. 110516. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.

SEC. 110517. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.

• "(m) A person who, with the intent to engage in conduct that constitutes a violation of section 922(a)(1)(A), travels from any State or foreign country into any other State and acquires, or attempts to acquire, a firearm in such other State in furtherance of such purpose shall be imprisoned for not more than 10 years.".

SEC. 110518. FIREARMS AND EXPLOSIVES CONSPIRACY.

• (a) FIREARMS.-Section 924 of title 18, United States Code, as amended by section 110517(a), is amended by adding at the end the following new subsection:
  • "(n) A person who conspires to commit an offense under subsection (c) shall be imprisoned for not more than 20 years, fined under this title, or both; and if the firearm is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, shall be imprisoned for any term of years or life.".
• (b) EXPLOSIVES.-Section 844 of title 18, United States Code, as amended by section 110515(b), is amended by adding at the end the following new subsection:
  • "(m) A person who conspires to commit an offense under subsection (h) shall be imprisoned for any term of years not exceeding 20, fined under this title, or both.

SEC. 110519. DEFINITION OF ARMOR PIERCING AMMUNITION.

• "(B) The term `armor piercing ammunition' means-
  • "(i) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or
  • "(ii) a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.
• "(C) The term `armor piercing ammunition' does not include shotgun shot required by Federal or State environmental or game regulations for hunting purposes, a frangible projectile designed for target shooting, a projectile which the Secretary finds is primarily intended to be used for sporting purposes, or any other projectile or projectile core which the Secretary finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device.".