S 637 IS (106th), "Internet Gun Trafficking Act of 1999."
Re: instituting federal regulation of the sale of firearms through web sites.
Sponsor: Sen. Charles Schumer (D-NY).
Date introduced: March 16, 1999.
Source: Library of Congress.
| 106th CONGRESS 1st Session |
S. 637 |
To amend title 18, United States Code, to regulate the transfer of firearms over the Internet, and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 16, 1999
Mr. SCHUMER introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to regulate the transfer of firearms over the Internet, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the `Internet Gun Trafficking Act of 1999'.
(a) PROHIBITIONS- Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following:
`(z) REGULATION OF INTERNET FIREARMS TRANSFERS-
`(1) IN GENERAL- It shall be unlawful for any person to operate an Internet website, if a purpose of the website is to offer 1 or more firearms for sale or exchange, or is to otherwise facilitate the sale or exchange of 1 or more firearms posted or listed on the website, unless--
`(A) the person is licensed as a manufacturer, importer, or dealer under section 923;
`(B) the person notifies the Secretary of the Internet address of the website, and any other information concerning the website as the Secretary may require by regulation; and
`(C) if any firearm posted or listed for sale or exchange on the website is not from the business inventory or personal collection of that person--
`(i) the person, as a term or condition for posting or listing the firearm for sale or exchange on the website on behalf of a prospective transferor, requires that, in the event of any agreement to sell or exchange the firearm pursuant to that posting or listing, the firearm be transferred to that person for disposition in accordance with clause (iii);
`(ii) the person prohibits the posting or listing on the website of any information (including any name, nickname, telephone number, address, or electronic mail address) that is reasonably likely to enable the prospective transferor and prospective transferee to contact one another directly prior to the shipment of the firearm to that person under clause (i), except that this clause does not include any information relating solely to the manufacturer, importer, model, caliber, gauge, physical attributes, operation, performance, or price of the firearm; and
`(iii) with respect to each firearm received from a prospective transferor under clause (i), the person--
`(I) enters such information about the firearm as the Secretary may require by regulation into a separate bound record;
`(II) in transferring the firearm to any transferee, complies with the requirements of this chapter as if the firearm were being transferred from the business inventory of that person; and
`(III) if the prospective transferor does not provide the person with a certified copy of a valid firearms license issued to the prospective transferor under this chapter, submits to the Secretary a report of the transfer or other disposition of the firearm on a form specified by the Secretary, which report shall not include the name of, or any other identifying information relating to, the transferor.
`(2) TRANSFERS BY PERSONS OTHER THAN LICENSEES- It shall be unlawful for any person who is not licensed under section 923 to transfer a firearm pursuant to a posting or listing of the firearm for sale or exchange on an Internet website described in paragraph (1) to any person other than the operator of the website.'.
(b) PENALTIES- Section 924(a) of title 18, United States Code, is amended by adding at the end the following:
`(7) Whoever willfully violates section 922(z)(2) shall be fined under this title, imprisoned not more than 2 years, or both.'.