New Child Safety Lock Requirements For Handguns Took Effect April 24, 2006
According to an open letter issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Child Safety Lock Act of 2005 (CSLA), which was enacted on October 26, 2005 as Section 5 of the Protection of Lawful Commerce in Arms Act (Public Law 109-92), is effective April 24, 2006.
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(See ITT's Online Archives or 11/17/05 news 05111715 for BP summary on the enactment of the Protection of Lawful Commerce in Arms Act.)
New Law Requires Secure Gun Storage or Safety Device
According to ATF, the CSLA amends 18 USC by adding a new paragraph (z) to Section 922 which prohibits the sale, delivery, or transfer by a licensed importer, manufacturer, or dealer of any handgun to any person other than a person with a firearms license, unless the buyer is provided with a secure gun storage or safety device for the handgun. The penalties for each violation of this prohibition include no more than 6 months suspension or revocation of license, or a civil penalty in an amount equal to not more than $2,500.
- USC 922(z) also provides certain exceptions to this requirement for handgun transfers, etc. for U.S. law enforcement officers, rail police officers, handguns listed as a curio or relic, or persons for which a secure gun storage or safety device is temporarily unavailable, etc.
ATF Interim Rule Expected in Several Months
The requirement to provide a safety device or secure gun storage with the transfer, etc. of any handgun is mandated as of April 24, although its regulation is still pending approval by the Department of Justice and the Office of Management and Budget. Once the regulation is approved, ATF states it will publish it as an Interim Rule in the Federal Register. ATF will also issue another Open Letter and post "Questions and Answers" on the CSLA to its Web site, www.atf.gov .
ATF Open letter (dated 04/21/06) available at http://www.atf.gov/firearms/042106openletter-safetylocks.pdf
P.L. 109-92 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:s397enr.txt.pdf