Page:United States Statutes at Large Volume 108 Part 3.djvu/259

 PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 2011 by Federal, State or local law from possessing a fire- arm; "(iii) the juvenile has the prior written consent in the juvenile's possession at all times when a handgun is in the possession of the juvenile; and "(iv) in accordance with State and local law; "(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty; "(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or "(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest. "(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution. "(5) For purposes of this subsection, the term 'juvenile' means a person who is less than 18 years of age. "(6)(A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant's parent or legal guardian at all proceedings. "(B) The court may use the contempt power to enforce subparagraph (A). "(C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.". (b) PENALTIES.— Section 924(a) of title 18, United States Code, is amended— (1) in paragraph (1) by striking "paragraph (2) or (3) of; and (2) by adding at the end the following new paragraph: "(5)(A)(i) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than 1 year, or both, except that a juvenile described in clause (ii) shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation, "(ii) A juvenile is described in this clause if— "(I) the offense of which the juvenile is charged is possession of a handgun or ammunition in violation of section 922(x)(2); and "(II) the juvenile has not been convicted in any court of an offense (including an offense under section 922(x) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense. "(B) A person other than a juvenile who knowingly violates section 922(x)— "(i) shall be fined under this title, imprisoned not more than 1 year, or both; and

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