Proposed Gun Amendments to the Juvenile Justice Bill

(May 20, 1999 )

The Senate continues to debate amendments to the Juvenile Justice Bill (S. 254). This bill is seen as being more harmful than helpful to youthful offenders. Among other concerns, S. 254 would allow youth to be placed in adult jails. It also does not address the easy access our nation's youth have to weapons. For that reason, the Senate has several amendments before it this week. In the wake of increased violence in our schools, several amendments have come to the floor for debate; as you read this, some of them may have been addressed already. It is still important to register your opinion with your elected officials on any of these amendments listed below.

1. Keeping Assault Weapons and Big Clips Out of the Hands of Juveniles.

This amendment includes four provisions:

• Ban juvenile possession of assault weapons, by amending the statute that currently bans juvenile possession of handguns;
• Ban juvenile possession of high capacity ammunition clips, by amending the statute that currently bans juvenile possession of handguns;
• Ban importation of high capacity ammunition clips;
• Increase penalties for adults who transfer handguns, assault weapons or high capacity ammunition magazines to juveniles. This would make illegal the transfer to a juvenile a felony (increases maximum penalty from 1 year to 5 years); and increases the maximum penalty from 10 years to 20 years for the illegal transfer of a firearm or magazine to a juvenile with knowledge that it will be used to commit a violent crime.

2. Closing the Gun Show Loophole

Every year, there are approximately 4,000 gun shows across the country where criminals and other prohibited purchasers can buy guns without a background check. This problem arises because, while federally licensed dealers sell most of the firearms at these shows, about 25 percent of the people selling firearms are not licensed and they are not required to comply with the background check mandated by the Brady Law. By requiring background checks and basic information about all firearms sales, this legislation will close the gun show loophole and help enforcement trace illegal firearms.

3. Regulation of Internet Gun Sales

This amendment would prevent the Internet from undermining the enforcement of our gun laws, by requiring anyone who operates a web site designed to offer guns for sale to have a federal firearms license and oversee all resulting firearms transactions. A person who operates a web site which lists firearms for sale on behalf of others would thus have to serve as a "middleman" for any resulting gun sale.

4. Enhanced Tools for Prosecution of Firearms Laws

Almost triples the number of cities (from 27 to 75) in Alcohol Tobacco and Firearms (ATF) youth gun tracing program, in order to identify illegal traffickers who supply juveniles and criminals with firearms; increases resources to investigate and prosecute violations of federal firearms laws and encourages federal/state coordination of gun prosecutions.

5. Raising the Minimum Age for Possession of Handguns, Semiautomatic Assault Weapons, and Large Capacity Ammunition Feeding Devices

This amendment would, subject to certain exceptions, prohibit sales of handguns, semiautomatic assault rifles, and large capacity ammunition feeding devices to persons under the age of 21, as well as prohibit possession of these weapons by those under 21. Under current law, licensed firearms dealers may not sell handguns to anyone under the age of 21, but unlicenced person may do so.

6. Child Safety Locks

Requires the sale of a child safety lock with every handgun sold.

7. Children's Firearm Access Prevention Act

Imposes criminal penalties on gun owners who allow children to gain access to their guns and use them to injure themselves or others. The penalties include a misdemeanor violation and a felony provision for a reckless violation.

8. Brady 3-Day Waiting Period

Imposes a 3-day waiting period before the purchase of a handgun. This popular provision sunset in November of 1998.

General Assembly guidance: The Presbyterian General Assembly on several occasions has spoken out in favor of gun control. In 1981, it called for immediate institution of national gun control legislation.

This alert was prepared with material from Handgun Control, Inc., 1225 Eye Street, NW, Suite 1100, Washington, DC 20005. (202) 898-0792.

If you have any questions, please contact Elenora Giddings Ivory at (202) 543-1126