[118816] in Cypherpunks
net-gun sale restriction in juvenile justice bill
daemon@ATHENA.MIT.EDU (Declan McCullagh)
Fri Oct 8 14:58:57 1999
Date: Fri, 08 Oct 1999 14:26:08 -0400
To: cypherpunks@cyberpass.net
From: Declan McCullagh <declan@well.com>
Cc: freematt@coil.com
Mime-Version: 1.0
Content-Type: text/plain; charset="us-ascii"
Message-Id: <19991008182633.KRFM12280@alaptop.hotwired.com>
Reply-To: Declan McCullagh <declan@well.com>
in juvenile justice bill
H.R.1501
Violent and Repeat Juvenile Offender Accountability and Rehabilitation
Act of 1999
(Engrossed Senate Amendment)
...
SEC. 1563. PROHIBITIONS ON USES OF THE INTERNET.
(a) In General- Chapter 44 of title 18, United States Code, is amended
by adding at the
end the following:
`Sec. 931. Criminal firearms and explosives solicitations
`(a)(1) IN GENERAL- Any person who, in a circumstance described in
paragraph (2),
knowingly makes, prints, or publishes, or causes to be made, printed,
or published, any
notice or advertisement seeking or offering to receive, exchange, buy,
sell, produce,
distribute, or transfer--
`(A) a firearm knowing that such transaction, if carried out as
noticed or
advertised, would violate subsection (a), (d), (g), or (x) of
section 922 of this
chapter, or
`(B) explosive materials knowing that such transaction, if
carried out as noticed
or advertised, would violate subsection (a), (d), and (i) of
section 842 of this title,
shall be punished as provided under subsection (b).
`(2) The circumstance referred to in paragraph (1) is that--
`(A) such person knows or has reason to know that such notice or
advertisement
will be transported in interstate or foreign commerce by
computer; or
`(B) such notice or advertisement is transported in interstate or
foreign commerce
by computer.
`(b) PENALTIES- Any individual who violates, or attempts or conspires
to violate, this
section shall be fined under this title or imprisoned not more than 1
year, and both, but
if such person has one prior conviction under this section, or under
the laws of any State
relating to the same offense, such person shall be fined under this
title and imprisoned
for not more than 5 years, but if such person has 2 or more prior
convictions under this
section, or under the laws of any State relating to the same offense,
such person shall be
fined under this title and imprisoned not less than 10 years nor more
than 20 years. Any
organization that violates, or attempts or conspires to violate, this
section shall be fined
under this title. Whoever, in the course of an offense under this
section, engages in
conduct that results in the death of a juvenile, herein defined as an
individual who has
not yet attained the age of 18 years, shall be punished by death, or
imprisoned for any
term of years or for life.
`(c) DEFENSES- It is an affirmative defense against any proceeding
involving this
section if the proponent proves by a preponderance of the evidence that--
`(1) the advertisement or notice came from--
`(A) a web site, notice or advertisement operated or created
by a person
licensed--
`(i) as a manufacturer, importer, or dealer under
section 923 of this
chapter; or
`(ii) under chapter 40 of this title; and
`(B) the site, advertisement or notice, advised the person
at least once prior
to the offering of the product, material or information to
the person that
sales or transfers of the product or information will be
made in accord with
Federal, State and local law applicable to the buyer or
transferee, and such
notice includes, in the case of firearms or ammunition,
additional
information that firearms transfers will only be made
through a licensee,
and that firearms and ammunition transfers are prohibited to
felons,
fugitives, juveniles and other persons under the Gun Control
Act of 1968
prohibited from receiving or possessing firearms or
ammunition; or
`(2) the advertisement or notice came from--
`(A) a web site, notice or advertisement is operated or
created by a person
not licensed as stated in paragraph (1); and
`(B) the site, advertisement or notice, advised the person
at least once prior
to the offering of the product, material or information to
the person that the
sales or transfers of the product or information--
`(i) will be made in accord with Federal, State and
local law
applicable to the buyer or transferee, and such notice
includes, in the
case of firearms or ammunition, that firearms and
ammunition
transfers are prohibited to felons, fugitives,
juveniles and other
persons under the Gun Control Act of 1968 prohibited
from receiving
or possessing firearms or ammunition; and
`(ii) as a term or condition for posting or listing the
firearm for sale
or exchange on the web site for a prospective
transferor, the web site,
advertisement or notice 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
through a
Federal firearms licensee, where the Gun Control Act of
1968
requires the transfer to be made through a Federal
firearms
licensee.'.
(b) TECHNICAL AND CONFORMING AMENDMENT- The analysis for chapter 44 of
title 18, United States Code, is amended by inserting after the item
relating to section
930 the following:
`931. Criminal firearms and explosives solicitations.'.
