From: [MESTET S R] at [duvm.bitnet] (Rachel) Newsgroups: info.firearms.politics Subject: HR3131, Title V Date: 22 Oct 93 14:35:37 GMT Okay guys, here it is. Not as bad as I thought it would be, but that's not saying much. ============================================================================ H.R. 3131 To Control and Prevent Crime September 23, 1993 Mr. Brooks (for himself, Mr. Schumer, and Mr. Hughes) introduced the following bill; which was referred to the Committee on the Judiciary. A BILL To control and prevent crime. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Violent Crime Control and Law Enforcement Act of 1993". SEC. 2. TABLE OF TITLES TITLE I - PUBLIC SAFETY AND POLICING TITLE II - DEATH PENALTY TITLE III - HABEAS CORPUS REFORM TITLE IV - COERCED CONFESSIONS TITLE V - FIREARMS TITLE VI - YOUTH VIOLENCE TITLE VII - TERRORISM TITLE VIII - SEXUAL VIOLENCE AND CHILD ABUSE TITLE IX - CRIME VICTIMS TITLE X - STATE AND LOCAL LAW ENFORCEMENT TITLE XI - PROVISIONS RELATING TO POLICE OFFICERS TITLE XII - GRANT PROGRAM FOR STATE PRISONS TITLE XIII - FEDERAL PRISONS TITLE XIV - RURAL CRIME TITLE XV - DRUG CONTROL TITLE XVI - DRUNK DRIVING PROVISIONS TITLE XVII - COMMISSIONS TITLE XVIII - MOTOR VEHICLE THEFT PREVENTION TITLE XIX - PROTECTIONS FOR THE ELDERLY TITLE XX - CONSUMER PROTECTION TITLE XXI - SENTENCING PROVISIONS TITLE XXII - COMPUTER CRIME TITLE XXIII - INTERNATIONAL PARENTAL KIDNAPPING TITLE XXIV - SAFE SCHOOLS TITLE XXV - FINANCIAL INSTITUTIONS FRAUD PROSECUTIONS TITLE XXVI - WHITE COLLAR CRIME AMENDMENTS TITLE XXVII - GAMBLING TITLE XXVIII - BAIL POSTING REPORTING TITLE XXIX - GENERAL INCREASED PENALTY PROVISIONS TITLE XXX - MISCELLANEOUS TITLE XXXI - TECHNICAL CORRECTIONS ------------------------------------------------------------------------ TITLE V-FIREARMS Subtitle A-Brady Handgun Violence Prevention Act SEC. 501. FEDERAL FIREARMS LICENSEE REQUIRED TO CONDUCT CRIMINAL BACKGROUND CHECK BEFORE TRANSFER OF FIREARM TO NONLICENSEE. (a) INTERIM PROVISION- (1) IN GENERAL.-Section 922 of title 18, United States Code, is amended by adding at the end the following; "(s)(1) Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that the Attornet General certifies under section 502(d)(1) of the Violent Crime Control and Law Enforcement Act of 1993 that the national instant criminal background check system is established (except as provided in paragraphs (2) and (3) of such section), it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless- (A) after the most recent proposal of such transfer by the transferee- (i) the transferor has- (I) received form the transferee a statement of the transferee containing the information described in paragraph (3); (II) verified the identity of the transferee by examining the identification document presented; (III)within 1 day after the transferee furnishes the statement, provided notice of the contents of the statement to the chief law enforcement officer of the place of residence of the transferee ; and (IV) within 1 day after the transferee fornishes the statement, transmitted a copy of the statement to the chief law enforcement officer of the place of residence of the transferee; and (ii)(I) 5 business days (as defined by days in which State offices are open) have elapsed from the date the transferor furnished notice of the contents of the statement to the chief law enforcement officer, during which period the transferor has not received information from the chief law enforcement officer that receipt or possession of the handgun by the transferee would be in violation of Federal, State, or local law; or (II) the transferor has rec eived notice from the chief law enforcement officer that the officer has no information indicating that receipt or possession of the handgun by the transferee would violate Federal, State, or local law; (B) the transferee has presented to the transferor a written statement, issued by the chief law enforcement officer of the place of residence of the transferee during the 10-day period ending on the date of the most recent proposal of such transfer by the transferee, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or of any member of the household of the transferee; (C)(i) the transferee has presented to the transferor a permit that- (I) allows the transferee to possess a handgun; and (II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and (ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of law; (D) the law of the State requires that, before any licensed importer, licensed manufacturer, or licensed dealer completes the transfer of a handgun to an individual who is not licensed under section 923, an authorized government official verigy that the information available to such official does not indicate that possession of a hand- gun by the transferee would be in violation of law, except that this subparagraph shall not apply to a State that, on the date of certifica- tion pursuant to section 502(d) of the Violent Crime Control and Law Enforcement Act of 1993, is not in compliance with the timetable established pursuant to section 502 (c) of such Act; (E) the Secretary has approved the transfer under section 5812 of the Internal Revenue Code of 1986; or (F) on application of the transferor, the Secretary has certified that compliance with subparagraph (A)(i)(III) is impracticable because- (i) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; (ii) the business premises of the transferor at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer; and (iii) there is an absence of telecommunications facilities in the geographical area in which the business premises are located. (2) A chief law enforcement officer to whom a transferor has provided notice pursuant to paragraph (1)(A)(i)(III) shall make a reasonable effort to ascertain within 5 business days whether the transferee as a criminal record or whether there is any other legal impediment to the transferee's receiving a handgun, including research in whatever State and local recordkeeping systems are available and in a national system designated by the Attorney General. (3) The statement referred to in paragraph (1)(A)(i)(I) shall contain only- (A) the name, address, and date of birth appearing on a valid identification document (as defined in section 1028 (d)(1) of this title) of the transferee containing a photograph of the transferee and a description of the identification used; (B) a statement that transferee- (i) is not under indictment for, and has not been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; (ii) is not a fugitive from justice; (iii) is not an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act); (iv) has not been adjudicated as a mental defective or been committed to a mental institution; (v) is not an alien who is illegally or unlawfully in the United States; (vi) has not been discharged from the Armed Forces under dishonorable conditions; and (vii) is not a person who, having been a citizen of the United States, has renounced such citizenship; (C) the date the statement is made; and (D) notice that the transferee intends to obtain a handgun from the transferor. (4) Any transferor of a handgun who, after such transfer, receives a report from a chief law enforcement officer containing information that receipt or possession of the handgun by the transferee violates Federal, State, or local law shall immediately communicate all information the transferor has about the transfer and the transferee to- (A) the chief law enforcement officer of the place of business of the transferor; and (B) the chief law enforcement officer of the place of residence of the transferee. (5) Any transferor who receives information, not otherwise available to the public, in a report under this subsection shall not disclose such information except to the transferee, to law enforcement authorities, or pursuant to the direction of a court of law. (6)(A) Any transferor who sells, delivers, or otherwise transfers a handgun to a transferee shall retain the copy of the statement of the transferee with respect to the handgun transaction, and shall retain evidence that the transferor has complied with subclauses (III) and (IV) of paragraph (1)(A)(i) with respect to the statement. (B) Unless the chief law enforcement officer to whom a statement is transmitted under paragraph (1)(A)(i)(IV) determines that a transaction would ciolate Federal, State, or local law- (i) the officer shall, within 20 business days after the date the transferee made the statement on the basis of which the notice was provided, destroy the statement and any record containing information derived from the statement; (ii) the information contained in the statement shall not be conveyed to any person except a person who has a need to know in order to carry out whis subsection; and (iii) the information contained in the statement shall not be used for any purpose other than to carry out this subsection. (7) A chief law enforcement officer or other person responsible for providing criminal history background information pursuant to this subsection shall not be liable in an action at law for damages- (A) for failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under this section; or (B) for preventing such a sale or transfer to a person who may lawfully receive or possess a handgun. (8) For purposes of this subsection, the term 'chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual. (9) The Secretary shall take necessary actions to ensure that the provisions of this subsection are published and disseminated to licensed dealers, law enforcement officials, and the public. (2) HANDGUN DEFINED.-Section 921(a) of such title is amended by adding at the end the following; (29) The term 'handgun' means- (A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and (B) any combination of parts from which a firearm described in subparagraph (A) can be assembled. (b) PERMANENT PROVISION.-Section 922 of title 18, United States Code, as amended by subsection (a)(1) of this section, is amended by adding at the end the following: (t)(1) Beginning on the date that the Attorney General certifies under section 502(d)(1) of the Violent Crime Control and Law Enforcement Act of 1993 that the national instant criminal background check system is established (except as provided in paragraphs (2) and (3) of such section), a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not such a licensee, unless- (A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 503 of seuch Act; (B) the system notifies the licensee that the system has not located any record that demonstrates that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section or any State or local law; and (C) the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 1028 (d)(1) of this title) of the transferee containing a photograph of the transferee. (2) Paragraph (1) shall not apply to a firearms transfer between a licensee and another person it- (A)(i) such other person has presented to the licensee a permit that- (I) allows wuch other person to possess a firearm; and (II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and (ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law; (B) the Secretary has approved the transfer under section 5812 of the Internal Revenue Code of 1986; or (C) on application of the transferor, the Secretary has certified that compliance with paragraph (1)(A) is impracticable because- (i) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; (ii) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforce- ment officer (as defined in subsection (u)(8)); and (iii) there is an absence of telecommunications facilities in the geographical area in which the business premises are located. (3) If the national instant criminal background check system notifies the licensee that the information available to the system does not demonstrate that the receipt of a firearm by such other person would violate subsection (g) or (n), and the licensee transfers a firearm to such other person, the licensee shall include in the record of the transfer the unique identification number provided by the system with respect to the transfer. (4) In addition to the authority provided under section 923(e), if the licensee knowingly fails to comply with paragraph (1) of this subsection with respecto to the transfer and, at the time such other person most recently proposed the transfer, the national instant criminal background check system was operating and information was available to the system demonstrating that receipt of a firearm by such other person would violate subsection (g) or (n) of this section, the Secretary may, after notice and opportunity for a hearing, suspend for not more than 6 months or revoke any license issued to the licensee under section 923, and may impose on the licensee a civil fine of not more than $5,000. (5) Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing informa- tion to the national instant background check system shall be liable in an action at law for damages- (A) for failure to prevent the sale or transfer of a handgun to a person whose receipt or possission of the handgun is unlawful under this section; or (B) for preventing such a sale or transfer to a person who may lawfully receive or possess a handgun. (c) PENALTY.-Section 924(a) of title, 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: (5) Whoever knowingly violates subsection (s) or (t) of section 922 shall be fined not more than $1,000, imprisoned for not more than 1 year, or both. SEC. 502. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM. (a) ESTABLISHMENT OF SYSTEM.-The Attorney General of the United States shall establish a national instant criminal background check system that any licensee may contact for information on whether receipt of a firearm by a prospective transferee thereof would violate subsection (g) or (n) of section 922 of title 18, United States Code, or any State or local law. (b) EXPEDITED ACTION BY THE ATTORNEY GENERAL.-The Attorney General shall expedite- (1) the upgrading and indexing of State criminal history records in the Federal criminal records system maintained by the Federal Bureau of Investigation; (2) the development of hardware and software systems to link State criminal history check systems into the national instant criminal background check system established by the Attorney General pursuant to this section; and (3) the current revitalization initiatives by the Federal Bureau of Investigation for technologically advanced fingerprint and criminal records identification. (c) PROVISION OF STATE CRIMINAL RECORDS TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.-(1) Not later than 6 months after the date of enactment of this Act, the Attorney General shall- (A) determine the type of computer hardware and software that will be used to operate the national instant criminal background check system and the means by which State criminal records systems will communicate with the national system; (B) investigate the criminal records system of each State and determine for each State a timetable by which the State whould be able to provide criminal records on an on line capacity basis to the national system; (C) notify each State of the determinations made pursuant to sub- paragraphs (A) and (B). (2) The Attorney General shall require as a part of the State timetable that the State achieve, by the end of 5 years after the date of enactment of this Act, at least 80 percent currency of case dispositions in computerized criminal history files for all cases in which there has been an event of activity within the last 5 years and continue to maintain such a system. (d) NATIONAL SYSTEM CERTIFICATION.-(1) On the date that is 30 months after the date of enactment of this Act, and at any time thereafter, the Attorney General shall determine whether- (A) the national system has achieved at least 80 percent currency of case dispositions in computerized criminal history files for all cases in which there has been an event of activity within the last 5 years on a national average basis; and (B) the States are in compliance with the timetable established pursuant to subsection (c), and, if so, chall certify that the national system is established. (2) If, on the date of certification in paragraph (1) of this sub- section, a State is not in compliance with the timetable established pursuant to subsection (c) of this section, section 922(s) of title 18, United States Code, shall remain in effect in such State and section 922(t) of such title shall not apply to the State. The Attorney General shall certify if a State subject to the provisions of section 922(s) under the preceding sentence achieves compliance with its timetable after the date of certification in paragraph (1) of this subsection, and section 922(s) os title 18, United States Code, shall not apply to such State and section 922(t) of such title shall apply to the State. (3) Six years after the date of enactment of this Act, the Attorney General shall certify whether or not a State is in compliance with subsection (c)(2) of this section and if the State is not in compliance, section 922(s) of title 18, United States Code, shall apply to the State and section 922(t) of such title shall not apply to the State. The Attorney General shall certify if a State subject to the provisions of section 922(s) under the preceding sentence achieves compliance with the standards in subsection (c)(2) of this seciton, and section 922(s) of title 18, United States Code, shall not apply to the State and section 922(t) of such title shall apply to the State. (e) NOTIFICATION OF LICENSEES.-On establishment of the system under this section, the Attorney General shall notify each licensee and the chief law enforcement officer of each State of the existence and purpose of the system and the means to be used to contact the system. (f) ADMINISTRATIVE PROVISIONS.- (1) AUTHORITY TO OBTAIN OFFICIAL INFORMATION.-Notwithstanding any other law, the Attorney General may secure directly from any department or agency of the United States such information on persons for whom receipt of a firearm would violate subsection (g) or (n) of section 922 of title 18, United States Code, or any State or local law, as is necessary to enable the system to operate in accordance with this section. On request of the Attorney General, the head of such department or agency shall furnish such information to the system. (2) OTHER AUTHORITY.-The Attorney General shall develop such computer software, design and obtain such telecommunications and computer hardware, and employ such personnel, as are necessary to establish and operate the system in accordance with this section. (g) CORRECTION OF ERRONEOUS SYSTEM INFORMATION.-If the system established under this section informs an individual contacting the system that receipt of a firearm by a prospective transferee would violate subsection (g) or (n) of section 922 of title 18, United States Code, or any State or local law, the prospective transferee may request the Attorney General to provide the prospective transferee with the reasons therefor. Upon receipt of such a request, the Attorney General shall immediately comply with the request. The prospective transferee may submit to the Attorney General information that to correct, clarify, or supplement records of the system with respect to athe prospective transferee. After receipt of such information, the Attorney General shall immediately consider the information, investigate the matter further, and correct all erroneous Federal records relating to the prospective transferee and give notice of the error to any Federal department or agency or any State that was the source of such erroneous records. (h) REGULATIONS.-After 90 days notice to the public, and an opportunity for hearing by interested parties, the Attorney General shall prescribe regulations to ensure the privacy and secutiry of the information of the system established under this section. (i) PROHIBITIONS RELATING TO ESTABLISHMENT OF REGISTRATION SYSTEMS WITH RESPECT TO FIREARMS.-No department, agency, officer, or employee of the United States may- (1) require that any record or portion thereof maintained by the system established under this section be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof; or (2) use the system established under this section to establish any system for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons prohibited by section 922(g) or (n) of title 18, United States Code, from receiving a firearm. (j) DEFINITIONS.-As used in this section: (1) LICENSEE.-The term "licensee" means a licensed importer, licensed manufacturer, or licensed dealer under section 923 of title 18, United States Code. (2) OTHER TERMS.-The terms "firearm", "licensed importer", "licensed manufacturer", and "licensed dealer" have the meanings stated in section 921(a) (3), (9), (10), and (11), respectively, of title 18, United States Code. SEC. 503. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS. (a) IMPROVEMENTS IN STATE RECORDS- (1) USE OF FORMULA GRANTS.-Section 509(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3759(b)) is amended- (A) in paragraph (2) by striking "and" after the semicolon; (B) in paragraph (3) by striking the period and inserting "; and"; and (C) by adding at the end the following new paragraph: (4) the improvement of State record systems and the sharing with the Attorney General of all of the records described in paragraphs (1), (2), and (3) of this subsection and the records required by the Attorney General under section 502 of the Violent Crime Control and Law Enforcement Act of 1993, for the purpose of implementing such Act. (2) ADDITIONAL FUNDING.- (A) GRANTS FOR THE IMPROVEMENT OF CRIMINAL RECORDS.-The Attorney General, through the Bureau of Justice Statistics, shall, subject to appropriations and with preference to States that as of the date of enactment of this Act have the lowest percent currency of case dispositions in computerized criminal history file, make a grant to each State to be used- (i) for the creation of a computerized criminal history record system or improvement of an existing system; (ii) to improve accessibility to the national instant criminal background system; and (iii) upon establishment of the national system, to assist the State in the transmittal of criminal records to the national system. (B) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be appropriated for grants under subparagraph (A) a total of $100,000,000 for fiscal year 1994 and all fiscal years thereafter. (b) WITHHOLDING STATE FUNDS.-Effective on the date of enacement of this Act the Attorney General may reduce by up to 50 percent the allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 of a State that is not in compliance with the timetable established for such State under section 502(c) of this Act. (c) WITHHOLDING OF DEPARTMENT OF JUSTICE FUNDS.-If the Attorney General does not certify the national instant criminal background check system pursuant to section 502(d)(1) by- (1) 30 months after the date of enactment of this Act the general administrative funds appropriated to the Department of Justice for the fiscal year beginning in the calendar year in which the date that is 30 months after the date of enactment of this Act falls shall be reduced by 5 percent on a monthly basis; and (2) 42 months after the date of enactment of this Act the general administrative funds appropriated to the Department of Justice for the fiscal year beginning in the calendar year in which the date that is 42 months after the date of enactment of this Act falls shall be reduced by 10 percent on a monthly basis. Subtitle B - Gun Crime Penalties. SEC. 504 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 seciton 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.-As used in subsection (a), the term "semiautomatic firearm" means any repeating firearm which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge. SEC. 505. 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 its sentencing guidelines to provide an appropriate enhancement or penalties where a defendant convicted under section 844(h) of title 18, United States Code, has previously been convicted under that section. SEC. 506. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING. Section 924 of title 18, United States Code, is amended by adding at the end of the following: (i) Whoevere, with the intent to engage in or to promote conduct which- (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 attem- pts to do so, shall be imprisoned for not more than ten years, fined under this title, or both. SEC. 507. THEFT OF FIREARMS AND EXPLOSIVES. (a) FIREARMS.-Section 924 of title 18, United States Code, is amended by section 506 of this Act the following: (j) Whoever 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, and may be 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: (k) Whoever 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, or fined under this title or both. SEC. 508. 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 paragraph (a)(1)(B), aby striking out "(a)(6)", and (2) in subsection (s)(2), by inserting "(a)(6)" after "subsection". SEC. 509. 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. 510. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE. Section 844(c) of title 18, United States Code, is amended by redesignating subsection (c) as subsection (c)(1) and by adding paragraphs (2) and (3) as follows: (2) Notwithstanding the provisions of paragraph (1), in the case of the seizure of any explosive materials for any offense for which the materials would be subject to forfeiture where it is impracticable or unsafe to store tthem, the seizing officer is authorized to destroy the explosive materials forthwith. Any destruction under this paragraph shall be in the presence of at lease one credible witness. The seizing officer shall make a report of the seizure and take samples as the Secretary may by regulation prescribe. (3) Within sixty 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 reim- bursement 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. 511. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE. (a) 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, United States Code, is amended by striking "No person sentenced under this subsection shall be eligible for parole during the term of imprisonment imposed herein.". SEC. 512. 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, inter- state 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. 513. 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 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. 514. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY VIOLENT FELONS AND SERIOUS DRUG ORRENDERS. Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Committion shall amend its sentencing guidelines to provide- (1) an appropriate enhancement of the punishment for a defendant convicted of an offense under section 922(g) of title 18, United States Code, if the defendant has 1 prior conviction by any court referred to in section 922(g)(1) of such title for a violent felony (as defined in section 924(e)(2)(B) of such title) or a serious drug offense (as defined in section 924(e)(2)(A) of such title); and (2) an appropriate enhancement of the punishment for such a defen- dant, if the defendant has 2 such prior convictions for a violent felony (as so defined) or a serious drug offense (as so defined). SEC. 515. RECEIPT OF FIREARMS BY NONRESIDENT. Section 922(a) of title 18, United States Code, is amended- (1) in paragraph (7), by striking "and" at the end; (2) in paragraph (8), by striking the period at the end and insert- ing "; and"; and (3) by adding at the end the following: "(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. 516. FIREARMS AND EXPLOSIVES CONSPIRACY. (a) FIREARMS.-Section 924 of title 18, United States Code, is amended by adding after the subsections added by section 506 and 507(a) of this Act the following: (k) Whoever conspires to commit any offense defined in this chapter shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy. (b) EXPLOSIVES.-Section 844 of title 18, United States Code, is amended by adding after the subsection added by section 507(b) of this Act the following: (l) Whoever conspires to commit any offense defined in this chapter shall be subject to the same penalties as thos prescribed for the offense the commission of which was the object of the conspiracy. SEC. 517. STUDY OF INCENDIARY AMMUNITION; REPORT TO CONGRESS. (a) STUDY.-The Secretary of the Treasury shall conduct a study of the incendiary ammunition offered for sale under the brand name "Dragon's Breath" and also known as the "Three Second Flame Thrower", and all incendiary ammunition of similar function or effect, for the purpose of determining whether there is a reasonable sporting use for such ammu- nition and whether there is a reasonable use for such ammunition in law enforcement. (b) REPORT TO THE CONGRESS.-Within 1 year after the date of the enact- ment of this Act, the Secretary of the Treasury shall submit to the Committee on the Judiciary of the House of Representatives a report containing the results of the study required by subsection (a) and recommendations for such legislative or administrative action, with respect to the ammunition referred to in subsection (a), as the Secretary deems appropriate. SEC. 518. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE. (a) FIREARMS.-Section 924 of title 18, United States Code, is amended by adding after the subsections added by sections 506, 507(a), and 516(a) of this Act the following: (l) Whoever steals any firearm from a licensed importer, licensed manufacturer, licensed dealer or licensed collector shall be fined in accordance with this title, imprisoned not more than ten years, or both. (b) EXPLOSIVES.-Section 844 of title 18, United States Code, is amended by adding after the subsections added by section 507(b) and 516(b) of this Act the following: (m) Whoever steals any explosive material from a licensed importer, licensed manufacturer or licensed dealer, or from any permittee shall be fined in accordance with this title, imprisoned not more than ten years, or both. SEC. 519. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS. Section 842(d) of title 18, United States Code, is amended by striking "licensee" and inserting "person". SEC. 520. CLARIFICATION OF "BURGLARY" UNDER THE ARMED CAREER CRIMINAL STATUTE. Section 924(e)(2) of title 18, United States Code, is amended- (1) in subparagraph (B)(ii), by striking "and " at the end; (2) in subparagraph (C), by striking the period and inserting "; and "; and (3) by adding at the end the following: (D) the term 'burglary' means any crime punishable by a term of imprisonment exceeding one year and consisting of entering or remaining surreptitiously within a building that is the property of another with intent to engage in conduct constituting a Federal or State offense. SEC. 521. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING. Section 924 of title 18, United States Code, is amended by adding after the subsections added by sections 506, 507(a), 516(a), and 518(a) of this Act the following: (m) Whoever, with the intent to engage in conduct which 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, fined in accordance with this title, or both. -------------------------------------------------------------------------------