S. Cong. Res. 152  in the Senate

Congressional Record - Senate

Proceedings and Debates of the 99th Congress, Second Session

Tuesday, June 24, 1986 

[Begin 132 Cong. Record p. 15001]


AUTHORIZING CHANGES IN ENROLLMENT OF S. 2414

Mr. DOLE. Mr. President, I send to the desk a concurrent resolution on behalf of the distinguished Senator from South Carolina <Mr. THURMOND>, and I ask for its consideration. 

The PRESIDING OFFICER. The concurrent resolution will be stated by title.

The legislative clerk read as follows:

A concurrent resolution (S. Con. Res. 152) authorizing changes in the enrollment of S. 2414. 

The PRESIDING OFFICER. Is there objection to the present consideration of the concurrent resolution?

Mr. BYRD. Mr. President, there is no objection to the immediate consideration of the resolution on this side.

There being no objection, the Senate proceeded to consider the concurrent resolution.

Mr. THURMOND. Mr. President, this is a concurrent resolution to authorize a change in the enrollment of S. 2414, amendments to S. 49, the Firearms Owners' Protection Act. As Senators will recall, both S. 49 and S. 2414 passed the Senate by unanimous voice vote on May 6, 1986.

This resolution will do nothing more than add language to S. 2414 that signifies the clear understanding reached by all relevant parties prior to its passage. I offer this concurrent resolution to express our agreement that the provisions of S. 2414 were offered to amend three sections of S. 49, the Firearm Owners' Protection Act.

By offering this concurrent resolution, any perceived confusion as to the effect of S. 2414 should be resolved.

Mr. MCCLURE. Mr. President, I have a concern regarding the use of the word carry in the amendments to section 926A in S. 2414. The phrase reads any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm. As the sponsor of S. 2414, what is the intent of the Senator from South Carolina in using the word carry in the provision?

Mr. THURMOND. I say to the Senator that I am pleased to clarify the proper interpretation of the word carry. The first part of the provision, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose means that only persons able to lawfully possess firearms under Federal law can rely upon the safe harbor provisions in 926A to transport firearms in interstate commerce for lawful purposes. The phrase that follows, possess and carry, also requires that persons must be allowed to transport such firearms under relevant State law. It is clear that the term carry in this instance is intended to mean the ability to put the firearm in a vehicle and transport it to the place of destination.

The use of the word carry is not intended to mean and does not mean that a State license to carry a concealed weapon is a predicate to valid use of the safe harbor provision in section 926A. Of course, wherever a permit to carry a concealed firearm is a prerequisite of State or local law, to legal transportation of an unloaded, inaccessible firearm, the safe harbor provisions does not modify such laws. However, once again, the use of the term carry in my bill does not in any way incorporate such a prerequisite into section 926A. I hope this addresses the concern of the Senator.

Mr. MCCLURE. I thank the Senator. His intent and interpretation are consistent with my understanding that the word carry, as it is used, means transport.

The PRESIDING OFFICER. The question is on agreeing to the concurrent resolution.

The concurrent resolution (S. Con. Res. 152) was agreed to, as follows:

Resolved by the Senate (the House of Representatives concurring), That the Secretary of the Senate, in the enrollment of the bill (S. 2414), to amend title 18 of the United States Code, shall make the following change:

At the end of the bill add the following:

This Act and the amendments made by this Act, intended to amend the Firearms Owners' Protection Act, shall become effective on the date on which the section they are intended to amend in such Firearms Owners' Protection Act becomes effective and shall apply to the amendments to title 18, United States Code, made by such Act.

Mr. DOLE. Mr. President, I move to reconsider the vote by which the concurrent resolution was agreed to.

Mr. BYRD. I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Mr. DOLE. I thank my colleagues.

This has been referred to as a sort of son-of-a-gun amendment. That explains it for many people who have an interest in it. That is how it came out of the committee.

[End p. 15001]

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