S 967 IS

To provide a uniform national standard to ensure that concealed firearms are available only to authorized persons for lawful purposes.

May 5, 1999

Mr. LAUTENBERG introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To provide a uniform national standard to ensure that concealed firearms are available only to authorized persons for lawful purposes.

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 `Concealed Firearms Prohibition Act'.

SEC. 2. FINDINGS.

Congress finds that--

(1) crimes committed with firearms threaten the peace and domestic tranquility of the United States and reduce the security and general welfare of the people of the United States;

(2) crimes committed with firearms impose a substantial burden on interstate commerce and lead to a reduction in productivity and profitability for businesses around the country whose workers, suppliers, and customers are adversely affected by gun violence;

(3) the public carrying of firearms increases the level of gun violence by enabling the rapid escalation of otherwise minor conflicts into deadly shootings;

(4) the public carrying of firearms increases the likelihood that incompetent or careless firearm users will accidently injure or kill innocent bystanders;

(5) the public carrying of firearms poses a danger to citizens of the United States who travel across State lines for business or other purposes; and

(6) all Americans have a right to be protected from the dangers posed by the carrying of concealed firearms, regardless of their State of residence.

SEC. 3. UNLAWFUL ACT.

Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following:

`(z) FIREARMS-

`(1) IN GENERAL- Except as provided in paragraph (2), it shall be unlawful for a person to carry a firearm, any part of which has been transported in interstate or foreign commerce, on his or her person in public.

`(2) EXCEPTIONS- Paragraph (1) does not apply to--

`(A) a person authorized to carry a firearm under State law who is--

`(i) a law enforcement official;

`(ii) a retired law enforcement official;

`(iii) a duly authorized private security officer;

`(iv) a person whose employment involves the transport of substantial amounts of cash or other valuable items; or

`(v) any other person that the Attorney General determines should be allowed to carry a firearm because of compelling circumstances, under regulations that the Attorney General may promulgate;

`(B) a person authorized to carry a firearm under a State law that permits a person to carry a firearm based on an individualized determination, based on a review of credible evidence, that the person should be allowed to carry a firearm because of compelling circumstances (not including a claim of concern about generalized or unspecified risks); or

`(C) a person authorized to carry a firearm on his or her person under Federal law.

`(3) EFFECT ON OTHER LAWS-

`(A) FEDERAL LAWS- Nothing in this subsection supersedes or limits any other Federal law (including a regulation) that prohibits or restricts the possession or transportation of a firearm.

`(B) STATE AND LOCAL LAWS- Nothing in this subsection supersedes or limits any law (including a regulation) of a State or political subdivision of a State that--

`(i) grants a right to carry a concealed firearm that is more restrictive than a right granted under this subsection;

`(ii) permits a private person or entity to prohibit or restrict the possession of a concealed firearm on property belonging to the person;

`(iii) prohibits or restricts the possession of a firearm on any property, installation, building, facility, or park belonging to a State or political subdivision of a State; or

`(iv) permits a person to--

`(I) transport a lawfully-owned and lawfully-secured firearm in a vehicle for hunting or sporting purposes; or

`(II) use a lawfully-owned firearm for hunting or sporting purposes.'.

END