DEPARTMENT OF JUSTICE LETTER ON S. 2051, THE "PROHIBITION ON UNDETECTABLE FIREARMS ACT."

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89T00234R000100040006-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 16
• Document Creation Date: December 27, 2016
• Document Release Date: August 16, 2012
• Sequence Number: 6
• Publication Date: March 23, 1988
• Content Type: MISC

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OFFICE OF CONGRESSIONAL AFFAIRS
Routing Slip
ACTION
INFO
2. DD/legislation
X
3. DD/Senate Affairs
4. Ch/Senate Affairs
5. DD/House Affairs
6. Ch/House Affairs
7. Admin Officer
8. Executive Officer
9. FOIA Officer
10 Constituent Inquiries
Officer
U.
12.
STATI Officer:
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EXECUTIVE OFFICE OF THE PRESIDENT P
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503
LEGISLATIVE REFERRAL MEMORANDUM
TO: Department of Transportation - Tom Herlihy (366-9293)
Dep rtment of the Treasury - Carole Toth (566-8523)
D artment of Defense - Samuel T. Brick, Jr. (697-1305)
entral Intelligence Agency
Administrative Office of the U.S. Courts
SUBJECT: Department of Justice letter on S. 2051, "The Prohibition
of Undetectable Firearms Act."
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship to
.the program of the President, in accordance with Circular A-19.
Please provide us with your views no later than
March 23, 1988
Direct your questions to Gregory Jones :(395-3454), of this office.
C. Tiu6sr/:15tr
Assistant Director for
Legislative Reference
Enclosures
cc: Karen Krop
Karen Wilson
Eric Hampl
Jim Fish Hilda Schreiber
John Mathewson Frank Seidl
Bob Damus
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RUC
Off= of she AuISwu Anc y Oeae:W
Honorable James McClure
United States Senate
Washington, D.C. 20510
Dear Senator McClure:
March 16, 1988
The Attorney General has asked me to report to you on the
productive talks that have taken place regarding S. 2051, "The
Prohibition of Undetectable Firearms Act," since Mr. Meese last
wrote to you on this matter on March lot. He remains grateful to
Senator Hatch and you for providing an excellent vehicle for
discussions toward a workable solution to a vexing public safety
problem.
Your staff has been most cordial and helpful in their
negotiations with representatives of the Department regarding
S. 2051, and we believe that substantial headway has been made in
arriving at a firm agreement as to the terms of a "plastic gun"
package which meets the needs of public safety and accommodates
the interests of law enforcement and firearms rights groups. The
purpose of this letter is to set out a proposal that we hope will
build upon your work in order to achieve a plan that meets the
objectives that all interested parties share. We understand that
you must check with your various co-sponsors and supporters
before you can firmly embrace such an agreement and, likewise, it //
is our desire to determine that the compromise is acceptable to
the Administration and to law enforcement groups.
With respect to our suggested law enforcement additions, it
is our understanding that it is your strong preference that these
proposals be advanged as a separate bill. With a commitment that
this separate bill'would be introduced in both the House and
Senate within a week of final ratification of the agreement and
that all parties to the agreement assure best efforts to secure
enactment of the separate bill this year, we find this procedure
acceptable. Attached is a copy of the provisions we wish to be
included in that separate bills your staff has indicated no
objection to this package of pro-law-enforcement firearms
proposals. You have indicated a willingness to include in this
bill a provision to increase Public Safety Officer Benefits
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payments from $50,000 to $100,000. As you know, the Attorney
General strongly supports such an increase. We propose to
inquire of law enforcement organizations whether they desire to
have that measure included in the separate bill.
As to specific detectability concerns, it is our
understanding that you have agreed in principle to a series of
modifications of S. 2051 intended to address law enforcement
concerns, summarized as follows:
First, you and we agree that we should clarify that entirelyy
non-metallic firearms may not circumvent the ban merely by
incorporation of a drop or sliver of metal.
Second, you and we agree that the listing of particular
firearms components should be revised to avoid circumvention of
the ban through the use of an innovative design which does not
-include a frame, receiver or cylinder. The attached papers set
out suggested language to this end. It may be that the
definitional language needs to be adjusted, and we would welcome
constructive proposals on that point.
Third, you have no objection to expanding the bill to
sales of undetectable firearms (in addition to
importation and manufacture).
Fourth, you will accept an objective threshold standard tied
to the most sensitive setting of magnetometers in use at federal
security checkpoints controlling public access areas.
Finally, both you and we agree as to the need for a prompt
and comprehensive assessment of current security threats and
capabilities. We are concerned that any statutory direction with
respect to specific settings for magnetometers would be
counterproductive, restricting needful law enforcement
flexibility and constraining our work unnecessarily at the very
time when technology is evolving. In this regard, we plan to
commence this security assessment immediately, even without a
legislative mandate, because we strongly believe it is needed.
Attached is a copy of S. 2051 revised to reflect these five
points, setting out what we believe--on the strength of
discussions that the Attorney General thanks you for making
possible--can be the revisions generally acceptable to all sides.
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Once you have had an opportunity to review this and consult
your colleagues, we will be pleased to most with you and your
staff further in an effort to iron out any minor problems or
misunderstandings.'-In the meantime, the Attorney General and the
Department of Justice are deeply grateful to you for your
leadership in attempting to fashion a compromise measure which
can accommodate the interests and concerns of all appropriate
parties, and for your helpful consideration of the comments and
additions to which Mr. Meese made reference in his letter of
March ist.
sincerely,
Thomas M(. Boyd
Acting Assistant Attorney General
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100TE CONGRESS
2D SESSION S
Entitled the "Prohbition of Undetectable Fvearma Act".
11 THE SENATE OF THE U1'flTED STATES
FzBEvAIY 4 aegielative day, ruIIV&iT 2), 1988
Mr. MCCLQBZ (for himself and Mr. EA?cx) iacoduced the following M; which
was read twice and referred to the Committee oa the Judiciary
.2051
A BILL
Entitled the "Prohibition of Undetectable Firearms Act".
1 Be it enacted by the Senate and House of Repruenta.
2 fives of the United States of America in Congress assembled,
8 SECTION 1. SHORT TITLE AND CONGRESSIONAL FLNDINGS.
4 (a) SHORT TT=.-This Act may be cited as the "Pro-
6 hibition of Undetectable Firearms Act".
6 (b). CONGRESSIONAL FIN7)INas-The Congress finds
7 that-
8 (1) heightened concerns regarding airport security,
9 international terrorism, and evolving small arms tech-
10 tology require legislation to address perceived gaps in
11 security at our Nation's airports; and
.Ps
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1 (2) detection U'chnology, though more advancrci
2 tray nonmetaltc ama;l arms technology, is not being
8 fully utilized at cu: Tlst;:oa`s airports; sad
4- (8) an interim measure may be ?Tequired to ensure
5 the continued eae;?vtneas of our security efforts.
6 BEC. _. DEFL'4IT1ON.
7 section 921 (a) of tae 16, United States Code, is
8 amended by adding at lye end thereof a new paragraph as
9 follows:
41 .Z 1511A XI Tti.. i. ~r~eefi~ F;rp*rm' MA& AL .rearm. as 8C-
11 fined in section 921(a)(3)(.k), the frame or receiver, and slide,
11) nr the fr2rn nr ronAvPr. sma cvhn a hicb
19 )impot
V, 0, WJAf6S1 'V J*%St
;,mer or ceramic, or any combination
14 thereof'.
15 SEC. I. PROAIBITION.
16 Section 922 of title 18, United states Code, is amenaca
17 by adding at the end thereof the following:
18 "(p) It shall be unlawful for any person to manufacture)
20
21
22
28
24
25
a pTa.stic firearm unless:
"(1) the barrel of such firearm is contructed, in
whole or in part, of emetauic suastance suscepuwe ww
.. .- AIL. ~.ci ce.Asi
being detected byte magnetomete
"(2) the identifying information required to be cr-
graved, cast, or stamped on the frame, barrel, or rc-d
ceiver of a firearm by section 928(i) of title 18, United
. e sw1 l ~ /
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1 states code, is engraved, cast, or stamped ins. metal.
2 lic substance susceptible of be' detected byja magne-
~~_--14C
3 tomete# and - ~Q*wt ~~ + wt.. ,L
4 "(3) the polymer portions of the'frame or receiver,
5 barrel, and slide or cylinder of the firearm have been
6 infused with quantities of barium sulfate or other such
7 compound sufficient to render such firearm capable of
8 being detected through the use of a cabinet z ray
9 system as defined in regulations prescribed by the Food
10 and Drug Administration (21 CTR 1020.40(b)(3)) de-
11 signed for inspection of carry on baggage.".
12 SEC. 4. EXEMPTION.
13 No provision of this Act shall apply to any firearm man-
14 ufactured, imported, or possessed prior to the date of enact-
15 went of this Act; nor shall this Act affect, in any way, the
16 possession, transfer, acquisition, or receipt of any firearm
17 model manufactured or imported prior to the We of the en-
18 actment of this Act.
19 SEC: s. EFF'EC!'IYE DATE V%D DURATION.
20 These provisions shall take effect ninety days after the
21 date of enactment of this Act and _shall be effective for ten
22 years from the date of enactment, provided that the Secre-
.28 tary shall declare an earlier termination of the effectiveness
24 of this Act if equipment is available which is capable of de-
25 tecting a plastic firearm.
0
aWai15 er
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sec. federal Cecurity Assessment and Coordination. The
Attorney General, in consultation with the Secretary of the
Treasury, the Secretary of Transportation, the Secretary of
Defense and the Director of Central Intelligence, shall evaluate
Security threats posed by firearms, explosives and other
dangerous articles and devices and report to the president, not
later than 180 days after the effective date of this Act,
regarding changes needed to achieve the most effective response
thereto. This evaluation shall address training for security
operators, procedures to be employed at security check-points,
proper operation of available detection equipment, coordinated
acquisition of new security equipment, coordinated federal
research and development efforts related to improved detection
technology, and other matters necessary to enhance security
capability and performance.
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saC. CLARIFICATION OF DEFINITION OF DRUG TRAFFICKING
CRIMES IN WHICH USE OR CARRYING OF FIREARMS AND ARMOR PIERCING
A MUNITION IS PROHIBITED. paragraph (2) of subsection 924(c) of
title 18 of the United States Code and paragraph (2) Of
subsection 929(a) of title 16 of the United States Code are both
amended to read as follows;
'(2) for purposes of this subsectiont the term 'drug
trafficking crime' means any felony punishable under the
Controlled substances Net (21 U.S.C. 801 St 90q-) # the
Controlled Substances Import and Export Act (21 U.B.C. 951
at seq.) , or the Maritime Drug Law Enforcement Act (46 App.
U,S.C. 1901 at seg.)?"
Sec. MANDATORY PENALTY FOR USING OR CARRYING A FIREARM IN
QMPNITTING ASSAULTS ON FEDERAL OFFICERS. Section 111 of title 18
C
of the United States Code is amended by adding 'other than a
firearm,' after the words 'deadly or dangerous weapon,' in the
second paragraph and by adding a tew paragraph at the end thereof
as follows:
'Whoever, during and in relation to the Commission of any
such acts, uses a'firearm shall be imprisoned for five years
(which term shall not run concurrently with any other term of
imprisonment) and may be fined in accordance with the provisions
of this title, or both.'.
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sec. (a) pOSSESSION OF A FIREARM IN A FEDERAL COURTROOM.
Chapter 44 of title 19 of the United States Code is amended by
ading at the end thereof a new section 930 as followss
of 930. Possession of firearms in Federal courtrooms.
?(a) Except as provided in subsection (b), whoever knowingly
possesses or causes to be present any firearm in a Federal
courtroom during any official proceeding therein, or attempts to
do so, shall be sentenced to imprisonment for not more than five
years, or fined in accordance with the provisions of this title,
or both.
?(b) Subsection (a) shall not apply to any act performed in
the lawful performance of official duties by an officer, agent,
or employee of the United States, a State, or a political
subdivision thereof, authorized by law to engage in or supervise
the prevention, detection, investigation, or prosecution of any
violation of law.
"(c) Nothing in this section shall interfere with or prevent
the exercise by *any court of the United States of its power to
punish for contempt: nor shall anything in this section interfere
with or limit in any way the power of a court of the United
States to promulgate rules or orders regulating, restricting, or
prohibiting the possession of weapons within any building, or
,upon any grounds appurtenant thereto, housing any such court or
any of its proceedings.
? (d) As used in this section
(1) the term 'Federal courtroom' means that part of a
building in which is conducted a proceeding before a judge
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or court of the United States, a United States Kagistrate, a
bankruptcy judge, or a Federal grand juryt and
'(2) 'during any official proceeding' includes, in
addition to periods when a proceeding as described in the
preceding paragraph is in progress, any time in which
spectators at such a proceeding are allowed to be present in
the courtroom.'.
(b) notice to the effect of subsection (a) shall be posted
conspicuously by the United States Marshal at one or more public
entrances to each Federal courtro?m, but.the_failure to so post
or maintain such notice shall not be a defense to any violation.
of the provisions of subsection (a).
(c) The analysis at the beginning of chapter 44 of title Is
of the United States Code is amended by adding at the end thereof
the following%
0930. possession of firearms in Federal courtrooms.'.
sec. PERMITTING CONSIDERATION OF PRETRIAL DETENTION FOR
CERTAIN FIRFAP.MS AND EXPLOSIVES OFFENSES. Paragraph (1) of
subsection 3142(f) of title 18 of the United States Code is
amended by -- '
(1) striking out 'or' before subparagraph (D)t
(2) redesignating subparagraph (D) as subparagraph (E)s
-and
(3) inserting a new subparagraph (D) Its fcll0Vs:
'(D) an offense under 18 U.S.C. 644(a) that is a
violation of 18 U.S.C. 642(d), (h), or (i), or an offense
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under 18 O.S.C. 924(a) that is a violation of 18 U.B.C.
922 (d) , (9) , (h) , (i) , (5) , or (0) ; or'.
sec. (a) EXPANSION OF POSSESSION OF EXPLOSIVES OFFENSE TO
CERTAIN AIRPORTS AND STRENGTHENING OF PENALTY. Subsection 844(g)
of title 18 of the United States Code is amended --
(1) by inserting in an airport that is suh5ect to the
regulatory authority of the Federal Aviation Administration
or" after 'possesses an explosive"t
(2) by inserting 'or airport" after 'such building';
and
(3) by striking out "not more than one year, or fined
not more than $1,000, or both" and inserting in lieu thereof
'not more than five years, or fined under this title, or
both".
(b) STRENGTHENING. OFFENSE OF USING OR CARRYING AN EXPLOSIVE
IN THE COMMISSION OF A FEDERAL FELONY. Subsection 844(h) of
title 18 of the United States Code is amended --
(1) by striking out 'unlawfully' in paragraph (2)1 and
(2) by striking out "shall be sentenced" and all that
follows through the remainder of the subsection and
inserting in lieu thereof the following:
'including a felony which provides for an enhanced
punishment if committed by the use of a deadly or dangerous
weapon or device, shall, in addition to the punishment
provided for such felony, be sentenced to imprisonment for
five years. In the case of a second or subsequent
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conviction under this subsection, such person shall be
sentenced to imprisonment for ten years. Notwithstanding
any other provision of law, the court shall not place on
probation or suspend the sentence of any person convicted of
a violation of this subsection, nor shall the term of
imprisonment imposed under this subsection run concurrently
with any other term of imprisonment including that imposed
for the felony in which the explosive was used or carried.
No person sentenced under this subsection shall be eligible
for parole during the term of imprisonment imposed herein.'.
Sec. PROHIBITION AGAINST TRANSFERRING FIREARMS TO
NONRESIDENTS. Paragraph (5) of subsection 922(a) of title 18 of
the United States Code is amended by striking out 'resides' and
all that follows through 'tor other than that in which its place
of business is located if the transferor is a corporation or
other business entityli' and inserting in lieu thereofz 'does not
reside in (or if the person is a corporation or other business
entity, does not maintain a place of business in) the State in
which the transferor resides;".
Sec. (a) COMMERCE NEXUS FOR TRAFFICKING IN STOLEN
FIREARMS. Subsection 922(3) of title 18 of the United States Code
.is amended by striking out the words 'or which constitutes,' and
inserting in lieu thereof 'which constitutes, or which has been
shipped or transported in,'.
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d- 4 .01
(b) COMMERCE NEXUS TOR TRAFTYCR1NG IN TIRZ .RMS wiT80UT
StRSAL NUMBERS. Subsection 922(k) of title 18 of the United
States Code is amended by inserting or to possess or receive any
firearm which has had the importer's or manufacturer's serial
number removed, obliterated, or altered and has, at any time,
been shipped or transported in interstate or foreign commerce'
after 'altered".
Sec. TECHNICAL AND CONFORMING AMENDMENTS.
(a) subparagraph (1)(B) of subsection 923(4) of title 18 of
the United States Code is amended by striking out '(h)'.and
inserting in lieu thereof '(n)'.
(b) (1) paragraph (1) of subsection 925 (a) of title 18 of the
United States Code is amended by inserting 'possession," before
'or importation'.
(2) Subsection 925(c) of title 18 of the United States Code
is amended by striking out the word `conviction' and inserting in
lieu thereof the word 'disability'.
(c) paragraph (3) of subsection 922(g) of title 18 of the
United States Code is amended by inserting "who" before the words
'is an unlawful user'.
(d) Subsection 923(a) of title 18 of the United States Code
is amended by striking out the period after the word 'licensing"
in the second sentence.
(e) subsection 924(a) of title 18 of the United States Code
is amended by striking out ', and shall become eligible for
parole as the parole Commission shall determine' both places
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those words appear. S'his amendment shall be effective with
respect to any offense eo=itted after November It 1987.
(f) Paragraph (1) of subsection 924(c) of title 1$ of the
united states Code is amended by striking out the second cof=a
following the words 'drug trafficking crime' the first time those
words appear. by striking out the coasaa following the words 'drug
trafficking crime" the second time those words appear, and by
striking out the second coma following the words 'drug
trafficking crime' the third time those words appear.
(g) Paragraph (1) of subsection 929(a) of title 19 of the
United states code is amended by striking out the comma- following
the words 'drug trafficking crime' the second time those words
appear, and by inserting a comma following the word "device" the
first time that word appears.
(b) paragraph (5) of subsection 842(4) of title 18 of the
United States Code is amended to read as follows:
'(5) is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)).'.
(i) paragraph-(3) of subsection 842(i) of title 18 of the
United States Code is amended to read as followai
'(3) who is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802))i or'.
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