






   
   
      TITLE XI-FIREARMS - Sections 110201-110519
      
   
   
   
   
   
   
   Subtitle B-Youth Handgun Safety SEC. 110201. PROHIBITION OF
   POSSESSION OF A HANDGUN OR AMMUNITION BY, OR THE PRIVATE
   HANDGUN OR AMMUNITION TO, A JUVENILE.
   
   
   
   (a) Offense .-Section 922 of title 18, United States Code, as
   by section 110103(a), is amended by adding at the end the
   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 [*H8831]
   
   
   
   "(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.
   
   
   
   Subtitle C-Licensure
   
   
   
   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.
   
   
   
   Section 923(d)(1) of title 18, United States Code, is amended-
   
   
   
   (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.
   
   
   
   Section 923(d)(2) of title 18, United States Code, is amended by
   striking "forty-five-day" and inserting "60-day".
   
   
   
   SEC. 110304. INSPECTION OF FIREARMS LICENSEES' INVENTORY AND RECORDS.
   
   
   
   Section 923(g)(1)(B)(ii) of title 18, United States Code, is amended
   to read as follows:
   
   
   
   "(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.
   
   
   
   Section 923(g) of title 18, United States Code, is amended by adding
   at the end the following new paragraph:
   
   
   
   "(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.
   
   
   
   Section 923(g) of title 18, United States Code, as amended by section
   110405, is amended by adding at the end the following new paragraph:
   
   
   
   "(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.
   
   
   
   Section 923 of title 18, United States Code, is amended by adding at
   the end the following new subsection:
   
   
   
   "(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.".
   
   
   
   Subtitle D-Domestic Violence
   
   
   
   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".
   
   
   
   Subtitle E-Gun Crime Penalties
   
   
   
   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. [*H8832]
   
   
   
   (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.
   
   
   
   SEC. 110502. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE
   TO COMMIT A FELONY.
   
   
   
   Pursuant to its authority under section 994 of title 28, United States
   Code, the United States Sentencing Commission shall promulgate
   amendments to the sentencing guidelines to appropriately enhance
   penalties in a case in which a defendant convicted under section
   844(h) of title 18, United States Code, has previously been convicted
   under that section.
   
   
   
   SEC. 110503. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.
   
   
   
   Section 924 of title 18, United States Code, as amended by section
   60013, is amended by adding at the end the following new subsection:
   "(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.
   
   
   
   Section 3583 of title 18, United States Code, is amended-
   
   
   
   (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.
   
   
   
   Section 924(a) of title 18, United States Code, is amended-
   
   
   
   (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.
   
   
   
   Section 842(i) of title 18, United States Code, is amended by
   inserting "or possess" after "to receive".
   
   
   
   SEC. 110509. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.
   
   
   
   Section 844(c) of title 18, United States Code, is amended-
   
   
   
   (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. Section 922(j) of
   title 18, United States Code, is amended to read as follows:
   
   
   
   "(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.
   
   
   
   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 [*H8833] enhancement
   of the punishment for a defendant convicted of a felony under chapter
   25 of title 18, United States Code, if the defendant used or carried a
   firearm (as defined in section 921(a)(3) of title 18, United States
   Code) during and in relation to the felony.
   
   
   
   SEC. 110513. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY VIOLENT
   FELONS AND SERIOUS DRUG OFFENDERS.
   
   
   
   Pursuant to its authority under section 994 of title 28, United States
   Code, the United States Sentencing Commission shall amend its
   sentencing guidelines to-
   
   
   
   (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.
   
   
   
   Section 922(a) of title 18, United States Code, is amended-
   
   
   
   (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.
   
   
   
   Section 842(d) of title 18, United States Code, is amended by striking
   "licensee" and inserting "person".
   
   
   
   SEC. 110517. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING. Section
   924 of title 18, United States Code, as amended by section 110515(a),
   is amended by adding at the end the following new subsection:
   
   
   
   "(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.
   
   
   
   Section 921(a)(17) of title 18, United States Code, is amended by
   revising subparagraph (B) and adding a new subparagraph (C) to read as
   follows:
   
   
   
   "(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.".

