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Floor Statements

Floor Debate on the Nadler Amendment to H.R. 3132, the Children's Safety Act of 2005

AMENDMENT NO. 2 OFFERED BY MR. NADLER


Mr. NADLER. Mr. Chairman, I offer an amendment.


The Acting CHAIRMAN. The Clerk will designate the amendment.


The text of the amendment is as follows:


Amendment No. 2 offered by Mr. Nadler:

Page 4, before line 1, at the end of the table of contents, add the following:

TITLE VI--MISCELLANEOUS PROVISION

Sec..601..Ban on firearm for person convicted of a misdemeanor sex offense against a minor.

Page 69, after line 17, insert the following:

TITLE VI--MISCELLANEOUS PROVISION

SEC. 601. BAN ON FIREARM FOR PERSON CONVICTED OF A MISDEMEANOR SEX OFFENSE AGAINST A MINOR.

(a) Disposition of Firearm.--Section 922(d) of title 18, United States Code, is amended--

(1) by striking ``or'' at the end of paragraph (8);

(2) by striking the period at the end of paragraph (9) and inserting ``; or'' ; and

(3) by inserting after paragraph (9) the following:

``(10) has been convicted in any court of a misdemeanor sex offense against a minor.''.

(b) Possession of Firearm.--Section 922(g) of title 18, United States Code, is amended--

(1) by striking ``or'' at the end of paragraph (8);

(2) by striking the comma at the end of paragraph (9) and inserting ``; or'' ; and

(3) by inserting after paragraph (9) the following:

``(10) who has been convicted in any court of a misdemeanor sex offense against a minor,''.

(c) Misdemeanor Sex Offense Against a Minor Defined.--Section 921(a) of such title is amended by adding at the end the following:

``(36)(A) The term `misdemeanor sex offense against a minor' means a sex offense against a minor punishable by imprisonment for not more than one year.

``(B) The term `sex offense' means a criminal offense that has, as an element, a sexual act or sexual contact with another, or an attempt or conspiracy to commit such an offense.

``(C) The term `minor' means an individual who has not attained 18 years of age.''.


PARLIAMENTARY INQUIRY


Mr. SENSENBRENNER. Parliamentary inquiry, Mr. Chairman. I believe the Chair has not called for further amendments to title V, and the proposed amendment of the gentleman from New York (Mr. Nadler) is to title VI. I do not think title V has been closed out yet.


The Acting CHAIRMAN. The amendment of the gentleman from New York (Mr. Nadler) proposes to add a new title after title V. The gentleman is correct that the adoption of such an amendment would close title V to further amendment. But the Chair is unaware of any further amendment to title V.


Mr. NADLER. Mr. Chairman, my amendment prohibits the transfer to or possession of a firearm by any individual convicted of committing a sex offense against the minor.


Under current law, it is illegal to transfer or sell a gun to anyone convicted of a crime punishable by more than a year in jail. It is also illegal for any individual convicted of such a crime to possess a gun. For some misdemeanor offenses that, although punishable by less than a year in jail, are of a particular serious nature, we currently prohibit all transfers of guns or possession of guns by individuals convicted of such crimes. 

For example, we prohibit anyone convicted of a crime of domestic violence, whether a felony or a misdemeanor, from purchasing or possessing a gun. Shockingly, we do not prohibit the sale or possession of guns to people convicted of misdemeanor sex crimes against a minor. We should not treat child sex offenders any more leniently with respect to possessing guns than we do domestic abusers.


If Congress is prepared in the underlying bill to require rigorous, severe and intrusive registration for 20 years from persons convicted of a misdemeanor sex offense against a minor, and is prepared to require States to verify this information four times a year, then the offense is indeed of such a serious nature that a convicted sex offender against a child must not be allowed possession of a firearm.


A criminal convicted of indecent exposure, lewd conduct or molestation against a minor should not have access to a gun. These are misdemeanor offenses, but dangerous criminals convicted of committing a sexual crime against a child, even when such offense carries a penalty of less than a year, pose too great a danger to society if in possession of a firearm.


I urge my colleagues to support this amendment to close this loophole.


Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?


Mr. NADLER. I yield to the gentleman from Wisconsin.


Mr. SENSENBRENNER. Mr. Chairman, the amendment bans possession and transfer of firearms by a convicted misdemeanor sex offender against a minor, and I am happy to accept the amendment.


Mr. NADLER. Mr. Chairman, I appreciate the comments of the gentleman.


The Acting CHAIRMAN. The question is on the amendment offered by the gentleman from New York (Mr. Nadler).


The amendment was agreed to.

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