FILE h1025.enr
--H.R.1025--
H.R.1025
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To provide for a waiting period before the purchase of a handgun,
and for the establishment of a national instant criminal background
check system to be contacted by firearms dealers before the
transfer of any firearm.
[Italic->] Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, [<-Italic]
TITLE I--BRADY HANDGUN CONTROL
SEC. 101. SHORT TITLE.
This title may be cited as the `Brady Handgun Violence Prevention
Act'.
(a) INTERIM PROVISION-
(1) IN GENERAL- Section 922 of title 18, United States Code,
is amended by adding at the end the following:
`(s)(1) Beginning on the date that is 90 days after the date of
enactment of this subsection and ending on the day before the date
that is 60 months after such date of enactment, it shall be
unlawful for any licensed importer, licensed manufacturer, or
licensed dealer to sell, deliver, or transfer a handgun to an
individual who is not licensed under section 923, unless--
`(A) after the most recent proposal of such transfer by the
transferee--
`(i) the transferor has--
`(I) received from the transferee a statement of the
transferee containing the information described in
paragraph (3);
`(II) verified the identity of the transferee by
examining the identification document presented;
`(III) within 1 day after the transferee furnishes
the statement, provided notice of the contents of the
statement to the chief law enforcement officer of the
place of residence of the transferee; and
`(IV) within 1 day after the transferee furnishes the
statement, transmitted a copy of the statement
to the chief law enforcement officer of the place of
residence of the transferee; and
`(ii)(I) 5 business days (meaning days on which State
offices are open) have elapsed from the date the transferor
furnished notice of the contents of the statement to the
chief law enforcement officer, during which period the
transferor has not received information from the chief law
enforcement officer that receipt or possession of the
handgun by the transferee would be in violation of Federal,
State, or local law; or
`(II) the transferor has received notice from the chief
law enforcement officer that the officer has no information
indicating that receipt or possession of the handgun by the
transferee would violate Federal, State, or local law;
`(B) the transferee has presented to the transferor a written
statement, issued by the chief law enforcement officer of the
place of residence of the transferee during the 10-day period
ending on the date of the most recent proposal of such transfer
by the transferee, stating that the transferee requires access
to a handgun because of a threat to the life of the transferee
or of any member of the household of the transferee;
`(C)(i) the transferee has presented to the transferor a
permit that--
`(I) allows the transferee to possess or acquire a
handgun; and
`(II) was issued not more than 5 years earlier by the
State in which the transfer is to take place; and
`(ii) the law of the State provides that such a permit is to
be issued only after an authorized government official has
verified that the information available to such official does
not indicate that possession of a handgun by the transferee
would be in violation of the law;
`(D) the law of the State requires that, before any licensed
importer, licensed manufacturer, or licensed dealer completes
the transfer of a handgun to an individual who is not licensed
under section 923, an authorized government official verify
that the information available to such official does not
indicate that possession of a handgun by the transferee would
be in violation of law;
`(E) the Secretary has approved the transfer under section
5812 of the Internal Revenue Code of 1986; or
`(F) on application of the transferor, the Secretary has
certified that compliance with subparagraph (A)(i)(III) is
impracticable because--
`(i) the ratio of the number of law enforcement officers
of the State in which the transfer is to occur to the
number of square miles of land area of the State does not
exceed 0.0025;
`(ii) the business premises of the transferor at which
the transfer is to occur are extremely remote in relation
to the chief law enforcement officer; and
`(iii) there is an absence of telecommunications
facilities in the geographical area in which the business
premises are located.
`(2) A chief law enforcement officer to whom a transferor has
provided notice pursuant to paragraph (1)(A)(i)(III) shall make a
reasonable effort to ascertain within 5 business days whether
receipt or possession would be in violation of the law, including
research in whatever State and local recordkeeping systems are
available and in a national system designated by the Attorney
General.
`(3) The statement referred to in paragraph (1)(A)(i)(I) shall
contain only--
`(A) the name, address, and date of birth appearing on a
valid identification document (as defined in section
1028(d)(1)) of the transferee containing a photograph of the
transferee and a description of the identification used;
`(B) a statement that the transferee--
`(i) is not under indictment for, and has not been
convicted in any court of, a crime punishable by
imprisonment for a term exceeding 1 year;
`(ii) is not a fugitive from justice;
`(iii) is not an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act);
`(iv) has not been adjudicated as a mental defective or
been committed to a mental institution;
`(v) is not an alien who is illegally or unlawfully in
the United States;
`(vi) has not been discharged from the Armed Forces under
dishonorable conditions; and
`(vii) is not a person who, having been a citizen of the
United States, has renounced such citizenship;
`(C) the date the statement is made; and
`(D) notice that the transferee intends to obtain a handgun
from the transferor.
`(4) Any transferor of a handgun who, after such transfer,
receives a report from a chief law enforcement officer containing
information that receipt or possession of the handgun by the
transferee violates Federal, State, or local law shall, within 1
business day after receipt of such request, communicate any
information related to the transfer that the transferor has about
the transfer and the transferee to--
`(A) the chief law enforcement officer of the place of
business of the transferor; and
`(B) the chief law enforcement officer of the place of
residence of the transferee.
`(5) Any transferor who receives information, not otherwise
available to the public, in a report under this subsection shall
not disclose such information except to the transferee, to law
enforcement authorities, or pursuant to the direction of a court of
law.
`(6)(A) Any transferor who sells, delivers, or otherwise
transfers a handgun to a transferee shall retain the copy of the
statement of the transferee with respect to the handgun
transaction, and shall retain evidence that the transferor has
complied with subclauses (III) and (IV) of paragraph (1)(A)(i) with
respect to the statement.
`(B) Unless the chief law enforcement officer to whom a statement
is transmitted under paragraph (1)(A)(i)(IV) determines that a
transaction would violate Federal, State, or local law--
`(i) the officer shall, within 20 business days after the
date the transferee made the statement on the basis of which
the notice was provided, destroy the statement, any record
containing information derived from the statement, and any
record created as a result of the notice required by paragraph
(1)(A)(i)(III);
`(ii) the information contained in the statement shall not be
conveyed to any person except a person who has a need to know
in order to carry out this subsection; and
`(iii) the information contained in the statement shall not
be used for any purpose other than to carry out this subsection.
`(C) If a chief law enforcement officer determines that an
individual is ineligible to receive a handgun and the individual
requests the officer to provide the reason for such determination,
the officer shall provide such reasons to the individual in writing
within 20 business days after receipt of the request.
`(7) A chief law enforcement officer or other person responsible
for providing criminal history background "information" tppabs="http://usinfo.state.gov/usa/infousa/laws/majorlaw/information" pursuant to
this subsection shall not be liable in an action at law for damages--
`(A) for failure to prevent the sale or transfer of a handgun
to a person whose receipt or possession of the handgun is
unlawful under this section; or
`(B) for preventing such a sale or transfer to a person who
may lawfully receive or possess a handgun.
`(8) For purposes of this subsection, the term `chief law
enforcement officer' means the chief of police, the sheriff, or an
equivalent officer or the designee of any such individual.
`(9) The Secretary shall take necessary actions to ensure that
the provisions of this subsection are published and disseminated to
licensed dealers, law enforcement officials, and the public.'.
(2) HANDGUN DEFINED- Section 921(a) of title 18, United
States Code, is amended by adding at the end the following:
`(29) The term `handgun' means--
`(A) a firearm which has a short stock and is designed to be
held and fired by the use of a single hand; and
`(B) any combination of parts from which a firearm described
in subparagraph (A) can be assembled.'.
(b) PERMANENT PROVISION- Section 922 of title 18, United States
Code, as amended by subsection (a)(1), is amended by adding at the
end the following:
`(t)(1) Beginning on the date that is 30 days after the Attorney
General notifies licensees under section 103(d) of the Brady
Handgun Violence Prevention Act that the national instant criminal
background check system is established, a licensed importer,
licensed manufacturer, or licensed dealer shall not transfer a
firearm to any other person who is not licensed under this chapter,
unless--
`(A) before the completion of the transfer, the licensee
contacts the national instant criminal background check system
established under section 103 of that Act;
`(B)(i) the system provides the licensee with a unique
identification number; or
`(ii) 3 business days (meaning a day on which State offices
are open) have elapsed since the licensee contacted the system,
and the system has not notified the licensee that the receipt
of a firearm by such other person would violate subsection (g)
or (n) of this section; and
`(C) the transferor has verified the identity of the
transferee by examining a valid identification document (as
defined in section 1028(d)(1) of this title) of the transferee
containing a photograph of the transferee.
`(2) If receipt of a firearm would not violate section 922 (g) or
(n) or State law, the system shall--
`(A) assign a unique identification number to the transfer;
`(B) provide the licensee with the number; and
`(C) destroy all records of the system with respect to the
call (other than the identifying number and the date the number
was assigned) and all records of the system relating to the
person or the transfer.
`(3) Paragraph (1) shall not apply to a firearm transfer between
a licensee and another person if--
`(A)(i) such other person has presented to the licensee a
permit that--
`(I) allows such other person to possess or acquire a
firearm; and
`(II) was issued not more than 5 years earlier by the
State in which the transfer is to take place; and
`(ii) the law of the State provides that such a permit is to
be issued only after an authorized government official has
verified that the information available to such official does
not indicate that possession of a firearm by such other person
would be in violation of law;
`(B) the Secretary has approved the transfer under section
5812 of the Internal Revenue Code of 1986; or
`(C) on application of the transferor, the Secretary has
certified that compliance with paragraph (1)(A) is
impracticable because--
`(i) the ratio of the number of law enforcement officers
of the State in which the transfer is to occur to the
number of square miles of land area of the State does not
exceed 0.0025;
`(ii) the business premises of the licensee at which the
transfer is to occur are extremely remote in relation to
the chief law enforcement officer (as defined in subsection
(s)(8)); and
`(iii) there is an absence of telecommunications
facilities in the geographical area in which the business
premises are located.
`(4) If the national instant criminal background check system
notifies the licensee that the information available to the system
does not demonstrate that the receipt of a firearm by such other
person would violate subsection (g) or (n) or State law, and the
licensee transfers a firearm to such other person, the licensee
shall include in the record of the transfer the unique
identification number provided by the system with respect to the
transfer.
`(5) If the licensee knowingly transfers a firearm to such other
person and knowingly fails to comply with paragraph (1) of this
subsection with respect to the transfer and, at the time such other
person most recently proposed the transfer, the national instant
criminal background check system was operating and information was
available to the system demonstrating that receipt of a firearm by
such other person would violate subsection (g) or (n) of this
section or State law, the Secretary may, after notice and
opportunity for a hearing, suspend for not more than 6 months or
revoke any license issued to the licensee under section 923, and
may impose on the licensee a civil fine of not more than $5,000.
`(6) Neither a local government nor an employee of the Federal
Government or of any State or local government, responsible for
providing information to the national instant criminal background
check system shall be liable in an action at law for damages--
`(A) for failure to prevent the sale or transfer of a firearm
to a person whose receipt or possession of the firearm is
unlawful under this section; or
`(B) for preventing such a sale or transfer to a person who
may lawfully receive or possess a firearm.'.
(c) PENALTY- 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:
`(5) Whoever knowingly violates subsection (s) or (t) of section
922 shall be fined not more than $1,000, imprisoned for not more
than 1 year, or both.'.
(a) DETERMINATION OF TIMETABLES- Not later than 6 months after
the date of enactment of this Act, the Attorney General shall--
(1) determine the type of computer hardware and software that
will be used to operate the national instant criminal
background check system and the means by which State criminal
records systems and the telephone or electronic device of
licensees will communicate with the national system;
(2) investigate the criminal records system of each State and
determine for each State a timetable by which the State should
be able to provide criminal records on an on-line capacity
basis to the national system; and
(3) notify each State of the determinations made pursuant to
paragraphs (1) and (2).
(b) ESTABLISHMENT OF SYSTEM- Not later than 60 months after the
date of the enactment of this Act, the Attorney General shall
establish a national instant criminal background check system that
any licensee may contact, by telephone or by other electronic means
in addition to the telephone, for information, to be supplied
immediately, on whether receipt of a firearm by a prospective
transferee would violate section 922 of title 18, United States
Code, or State law.
(c) EXPEDITED ACTION BY THE ATTORNEY GENERAL- The Attorney
General shall expedite--
(1) the upgrading and indexing of State criminal history
records in the Federal criminal records system maintained by
the Federal Bureau of Investigation;
(2) the development of hardware and software systems to link
State criminal history check systems into the national instant
criminal background check system established by the Attorney
General pursuant to this section; and
(3) the current revitalization initiatives by the Federal
Bureau of Investigation for technologically advanced
fingerprint and criminal records identification.
(d) NOTIFICATION OF LICENSEES- On establishment of the system
under this section, the Attorney General shall notify each licensee
and the chief law enforcement officer of each State of the
existence and purpose of the system and the means to be used to
contact the system.
(e) ADMINISTRATIVE PROVISIONS-
(1) AUTHORITY TO OBTAIN OFFICIAL INFORMATION- Notwithstanding
any other law, the Attorney General may secure directly from
any department or agency of the United States such information
on persons for whom receipt of a firearm would violate
subsection (g) or (n) of section 922 of title 18, United States
Code or State law, as is necessary to enable the system to
operate in accordance with this section. On request of the
Attorney General, the head of such department or agency shall
furnish such information to the system.
(2) OTHER AUTHORITY- The Attorney General shall develop such
computer software, design and obtain such telecommunications
and computer hardware, and employ such personnel, as are
necessary to establish and operate the system in accordance
with this section.
(f) WRITTEN REASONS PROVIDED ON REQUEST- If the national instant
criminal background check system determines that an individual is
ineligible to receive a firearm and the individual requests the
system to provide the reasons for the determination, the system
shall provide such reasons to the individual, in writing, within 5
business days after the date of the request.
(g) CORRECTION OF ERRONEOUS SYSTEM INFORMATION- If the system
established under this section informs an individual contacting the
system that receipt of a firearm by a prospective transferee would
violate subsection (g) or (n) of section 922 of title 18, United
States Code or State law, the prospective transferee may request
the Attorney General to provide the prospective transferee with the
reasons therefor. Upon receipt of such a request, the Attorney
General shall immediately comply with the request. The prospective
transferee may submit to the Attorney General information to
correct, clarify, or supplement records of the system with respect
to the prospective transferee. After receipt of such information,
the Attorney General shall immediately consider the information,
investigate the matter further, and correct all erroneous Federal
records relating to the prospective transferee and give notice of
the error to any Federal department or agency or any State that was
the source of such erroneous records.
(h) REGULATIONS- After 90 days' notice to the public and an
opportunity for hearing by interested parties, the Attorney General
shall prescribe regulations to ensure the privacy and security of
the information of the system established under this section.
(i) PROHIBITION RELATING TO ESTABLISHMENT OF REGISTRATION SYSTEMS
WITH RESPECT TO FIREARMS- No department, agency, officer, or
employee of the United States may--
(1) require that any record or portion thereof generated by
the system established under this section be recorded at or
transferred to a facility owned, managed, or controlled by the
United States or any State or political subdivision thereof; or
(2) use the system established under this section to
establish any system for the registration of firearms, firearm
owners, or firearm transactions or dispositions, except with
respect to persons, prohibited by section 922 (g) or (n) of
title 18, United States Code or State law, from receiving a
firearm.
(j) DEFINITIONS- As used in this section:
(1) LICENSEE- The term `licensee' means a licensed importer
(as defined in section 921(a)(9) of title 18, United States
Code), a licensed manufacturer (as defined in section
921(a)(10) of that title), or a licensed dealer (as defined in
section 921(a)(11) of that title).
(2) OTHER TERMS- The terms `firearm', `handgun', `licensed
importer', `licensed manufacturer', and `licensed dealer' have
the meanings stated in section 921(a) of title 18, United
States Code, as amended by subsection (a)(2).
(k) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated, which may be appropriated from the Violent Crime
Reduction Trust Fund established by section 1115 of title 31,
United States Code, such sums as are necessary to enable the
Attorney General to carry out this section.
SEC. 104. REMEDY FOR ERRONEOUS DENIAL OF FIREARM.
(a) IN GENERAL- Chapter 44 of title 18, United States Code, is
amended by inserting after section 925 the following new section:
`Sec. 925A. Remedy for erroneous denial of firearm
`Any person denied a firearm pursuant to subsection (s) or (t) of
section 922--
`(1) due to the provision of erroneous information relating
to the person by any State or political subdivision thereof, or
by the national instant criminal background check system
established under section 103 of the Brady Handgun Violence
Prevention Act; or
`(2) who was not prohibited from receipt of a firearm
pursuant to subsection (g) or (n) of section 922,
may bring an action against the State or political subdivision
responsible for providing the erroneous information, or responsible
for denying the transfer, or against the United States, as the case
may be, for an order directing that the erroneous information be
corrected or that the transfer be approved, as the case may be. In
any action under this section, the court, in its discretion, may
allow the prevailing party a reasonable attorney's fee as part of
the costs.'.
(b) TECHNICAL AMENDMENT- The chapter analysis for chapter 44 of
title 18, United States Code, is amended by inserting after the
item relating to section 925 the following new item:
`925A. Remedy for erroneous denial of firearm.'.
SEC. 105. RULE OF CONSTRUCTION.
This Act and the amendments made by this Act shall not be
construed to alter or impair any right or remedy under section 552a
of title 5, United States Code.
SEC. 106. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS.
(a) USE OF FORMULA GRANTS- Section 509(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3759(b)) is amended--
(1) in paragraph (2) by striking `and' after the semicolon;
(2) in paragraph (3) by striking the period and inserting `;
and'; and
(3) by adding at the end the following new paragraph:
`(4) the improvement of State record systems and the sharing
with the Attorney General of all of the records described in
paragraphs (1), (2), and (3) of this subsection and the records
required by the Attorney General under section 103 of the Brady
Handgun Violence Prevention Act, for the purpose of
implementing that Act.'.
(b) Additional Funding-
(1) GRANTS FOR THE IMPROVEMENT OF CRIMINAL RECORDS- The
Attorney General, through the Bureau of Justice Statistics,
shall, subject to appropriations and with preference to States
that as of the date of enactment of this Act have the lowest
percent currency of case dispositions in computerized criminal
history files, make a grant to each State to be used--
(A) for the creation of a computerized criminal history
record system or improvement of an existing system;
(B) to improve accessibility to the national instant
criminal background system; and
(C) upon establishment of the national system, to assist
the State in the transmittal of criminal records to the
national system.
(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to
be appropriated for grants under paragraph (1), which may be
appropriated from the Violent Crime Reduction Trust Fund
established by section 1115 of title 31, United States Code, a
total of $200,000,000 for fiscal year 1994 and all fiscal years
thereafter.
TITLE II--MULTIPLE FIREARM PURCHASES TO STATE AND LOCAL POLICE
SEC. 201. REPORTING REQUIREMENT.
Section 923(g)(3) of title 18, United States Code, is amended--
(1) in the second sentence by inserting after `thereon,' the
following: `and to the department of State police or State law
enforcement agency of the State or local law enforcement agency
of the local jurisdiction in which the sale or other
disposition took place,';
(2) by inserting `(A)' after `(3)'; and
(3) by adding at the end thereof the following:
`(B) Except in the case of forms and contents thereof
regarding a purchaser who is prohibited by subsection (g) or
(n) of section 922 of this title from receipt of a firearm, the
department of State police or State law enforcement agency or
local law enforcement agency of the local jurisdiction shall
not disclose any such form or the contents thereof to any
person or entity, and shall destroy each such form and any
record of the contents thereof no more than 20 days from the
date such form is received. No later than the date that is 6
months after the effective date of this subparagraph, and at
the end of each 6-month period thereafter, the department of
State police or State law enforcement agency or local law
enforcement agency of the local jurisdiction shall certify to
the Attorney General of the United States that no disclosure
contrary to this subparagraph has been made and that all forms
and any record of the contents thereof have been destroyed as
provided in this subparagraph.'.
TITLE III--FEDERAL FIREARMS LICENSE REFORM
SEC. 301. SHORT TITLE.
This title may be cited as the `Federal Firearms License Reform
Act of 1993'.
SEC. 302. PREVENTION OF THEFT OF FIREARMS.
(a) COMMON CARRIERS- Section 922(e) of title 18, United States
Code, is amended by adding at the end the following: `No common or
contract carrier shall require or cause any label, tag, or other
written notice to be placed on the outside of any package, luggage,
or other container that such package, luggage, or other container
contains a firearm.'.
(b) RECEIPT REQUIREMENT- Section 922(f) of title 18, United
States Code, is amended--
(1) by inserting `(1)' after `(f)'; and
(2) by adding at the end the following new paragraph:
`(2) It shall be unlawful for any common or contract carrier to
deliver in interstate or foreign commerce any firearm without
obtaining written acknowledgement of receipt from the recipient of
the package or other container in which there is a firearm.'.
(c) UNLAWFUL ACTS- Section 922 of title 18, United States Code,
as amended by section 102, is amended by adding at the end the
following new subsection:
`(u) It shall be unlawful for a person to steal or unlawfully
take or carry away from the person or the premises of a person who
is licensed to engage in the business of importing, manufacturing,
or dealing in firearms, any firearm in the licensee's business
inventory that has been shipped or transported in interstate or
foreign commerce.'.
(d) PENALTIES- Section 924 of title 18, United States Code, is
amended by adding at the end the following new subsection:
`(i)(1) A person who knowingly violates section 922(u) shall be
fined not more than $10,000, imprisoned not more than 10 years, or
both.
`(2) Nothing contained in this subsection shall be construed as
indicating an intent on the part of Congress to occupy the field in
which provisions of this subsection operate to the exclusion of
State laws on the same subject matter, nor shall any provision of
this subsection be construed as invalidating any provision of State
law unless such provision is inconsistent with any of the purposes
of this subsection.'.
SEC. 303. LICENSE APPLICATION FEES FOR DEALERS IN FIREARMS.
Section 923(a)(3) of title 18, United States Code, is amended--
(1) in subparagraph (A), by adding `or' at the end;
(2) in subparagraph (B) by striking `a pawnbroker dealing in
firearms other than' and inserting `not a dealer in';
(3) in subparagraph (B) by striking `$25 per year; or' and
inserting `$200 for 3 years, except that the fee for renewal of
a valid license shall be $90 for 3 years.'; and
(4) by striking subparagraph (C).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.