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1In the Senate of the United States,November 20 (legislative day, November 2), 1993.

Resolved, That the bill from the House of Representa-tives (H.R. 1025) entitled ``An Act to provide for a waitingperiod before the purchase of a handgun, and for the estab-lishment of a national instant criminal background check sys-tem to be contacted by firearms dealers before the transferof any firearm'', do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

TITLE IBRADY HANDGUN1CONTROL2

SEC. 101. SHORT TITLE.3

This title may be cited as the ``Brady Handgun Vio-4

lence Prevention Act''.5

SEC. 102. FEDERAL FIREARMS LICENSEE REQUIRED TO6

CONDUCT CRIMINAL BACKGROUND CHECK7

BEFORE TRANSFER OF FIREARM TO NON-LI-8

CENSEE.9

(a) INTERIM PROVISION.10

(1) IN GENERAL.Section 922 of title 18, Unit-11

ed States Code, is amended by adding at the end the12

following:13

2HR 1025 EAS

``(s)(1) Beginning on the date that is 90 days after1

the date of enactment of this subsection and ending either2

on the day before the date that is 48 months after such date3

of enactment unless the Attorney General extends the date4

by twelve additional months, or on the day that the Attor-5

ney General notifies the licensees in all of the States under6

section 103(d) of the Brady Handgun Violence Prevention7

Act, whichever occurs earlier, it shall be unlawful for any8

licensed importer, licensed manufacturer, or licensed dealer9

to sell, deliver, or transfer a handgun to an individual who10

is not licensed under section 923, unless11

``(A) after the most recent proposal of such trans-12

fer by the transferee13

``(i) the transferor has14

``(I) received from the transferee a15

statement of the transferee containing the16

information described in paragraph (3);17

``(II) verified the identity of the trans-18

feree by examining the identification docu-19

ment presented;20

``(III) within 1 day after the transferee21

furnishes the statement, provided notice of22

the contents of the statement to the chief law23

enforcement officer of the place of residence24

of the transferee; and25

3HR 1025 EAS

``(IV) within 1 day after the transferee1

furnishes the statement, transmitted a copy2

of the statement to the chief law enforcement3

officer of the place of residence of the trans-4

feree; and5

``(ii)(I) 5 business days (meaning days on6

which State offices are open) have elapsed from7

the date the transferor furnished notice of the8

contents of the statement to the chief law enforce-9

ment officer, during which period the transferor10

has not received information from the chief law11

enforcement officer that receipt or possession of12

the handgun by the transferee would be in viola-13

tion of Federal, State, or local law; or14

``(II) the transferor has received notice from15

the chief law enforcement officer that the officer16

has no information indicating that receipt or17

possession of the handgun by the transferee18

would violate Federal, State, or local law;19

``(B) the transferee has presented to the trans-20

feror a written statement, issued by the chief law en-21

forcement officer of the place of residence of the trans-22

feree during the 10-day period ending on the date of23

the most recent proposal of such transfer by the trans-24

feree, stating that the transferee requires access to a25

4HR 1025 EAS

handgun because of a threat to the life of the trans-1

feree or of any member of the household of the trans-2

feree;3

``(C)(i) the transferee has presented to the trans-4

feror a permit that5

``(I) allows the transferee to possess or ac-6

quire a handgun; and7

``(II) was issued not more than 5 years ear-8

lier by the State in which the transfer is to take9

place; and10

``(ii) the law of the State provides that such a11

permit is to be issued only after an authorized gov-12

ernment official has verified that the information13

available to such official does not indicate that posses-14

sion of a handgun by the transferee would be in viola-15

tion of the law;16

``(D) the law of the State requires that, before17

any licensed importer, licensed manufacturer, or li-18

censed dealer completes the transfer of a handgun to19

an individual who is not licensed under section 923,20

an authorized government official verify that the in-21

formation available to such official does not indicate22

that possession of a handgun by the transferee would23

be in violation of law;24

5HR 1025 EAS

``(E) the Secretary has approved the transfer1

under section 5812 of the Internal Revenue Code of2

1986; or3

``(F) on application of the transferor, the Sec-4

retary has certified that compliance with subpara-5

graph (A)(i)(III) is impracticable because6

``(i) the ratio of the number of law enforce-7

ment officers of the State in which the transfer8

is to occur to the number of square miles of land9

area of the State does not exceed 0.0025;10

``(ii) the business premises of the transferor11

at which the transfer is to occur are extremely12

remote in relation to the chief law enforcement13

officer; and14

``(iii) there is an absence of telecommuni-15

cations facilities in the geographical area in16

which the business premises are located.17

``(2) A chief law enforcement officer to whom a trans-18

feror has provided notice pursuant to paragraph19

(1)(A)(i)(III) shall make a reasonable effort to ascertain20

within 5 business days whether receipt or possession would21

be in violation of the law, including research in whatever22

State and local recordkeeping systems are available and in23

a national system designated by the Attorney General.24

6HR 1025 EAS

``(3) The statement referred to in paragraph1

(1)(A)(i)(I) shall contain only2

``(A) the name, address, and date of birth ap-3

pearing on a valid identification document (as de-4

fined in section 1028(d)(1)) of the transferee contain-5

ing a photograph of the transferee and a description6

of the identification used;7

``(B) a statement that transferee8

``(i) is not under indictment for, and has9

not been convicted in any court of, a crime pun-10

ishable by imprisonment for a term exceeding 111

year;12

``(ii) is not a fugitive from justice;13

``(iii) is not an unlawful user of or addicted14

to any controlled substance (as defined in section15

102 of the Controlled Substances Act);16

``(iv) has not been adjudicated as a mental17

defective or been committed to a mental institu-18

tion;19

``(v) is not an alien who is illegally or un-20

lawfully in the United States;21

``(vi) has not been discharged from the22

Armed Forces under dishonorable conditions;23

and24

7HR 1025 EAS

``(vii) is not a person who, having been a1

citizen of the United States, has renounced such2

citizenship;3

``(C) the date the statement is made; and4

``(D) notice that the transferee intends to obtain5

a handgun from the transferor.6

``(4) Any transferor of a handgun who, after such7

transfer, receives a report from a chief law enforcement offi-8

cer containing information that receipt or possession of the9

handgun by the transferee violates Federal, State, or local10

law shall, within 1 business day after receipt of such re-11

quest, communicate any information related to the transfer12

the transferor has about the transfer and the transferee to13

``(A) the chief law enforcement officer of the place14

of business of the transferor; and15

``(B) the chief law enforcement officer of the16

place of residence of the transferee.17

``(5) Any transferor who receives information, not oth-18

erwise available to the public, in a report under this sub-19

section shall not disclose such information except to the20

transferee, to law enforcement authorities, or pursuant to21

the direction of a court of law.22

``(6)(A) Any transferor who sells, delivers, or otherwise23

transfers a handgun to a transferee shall retain the copy24

of the statement of the transferee with respect to the hand-25

8HR 1025 EAS

gun transaction, and shall retain evidence that the trans-1

feror has complied with subclauses (III) and (IV) of para-2

graph (1)(A)(i) with respect to the statement.3

``(B) Unless the chief law enforcement officer to whom4

a statement is transmitted under paragraph (1)(A)(i)(IV)5

determines that a transaction would violate Federal, State,6

or local law7

``(i) the officer shall, within 20 business days8

after the date the transferee made the statement on the9

basis of which the notice was provided, destroy the10

statement, any record containing information derived11

from the statement, and any record created as a result12

of the notice required by paragraph (1)(A)(i)(III);13

``(ii) the information contained in the statement14

shall not be conveyed to any person except a person15

who has a need to know in order to carry out this16

subsection; and17

``(iii) the information contained in the statement18

shall not be used for any purpose other than to carry19

out this subsection.20

``(C) If a chief law enforcement officer determines that21

an individual is ineligible to receive a handgun and the22

individual requests the officer to provide the reason for such23

determination, the officer shall provide such reasons to the24

9HR 1025 EAS

individual in writing within 20 business days after receipt1

of the request.2

``(7) A chief law enforcement officer or other person3

responsible for providing criminal history background in-4

formation pursuant to this subsection shall not be liable in5

an action at law for damages6

``(A) for failure to prevent the sale or transfer of7

a handgun to a person whose receipt or possession of8

the handgun is unlawful under this section; or9

``(B) for preventing such a sale or transfer to a10

person who may lawfully receive or possess a hand-11

gun.12

``(8) For purposes of this subsection, the term `chief13

law enforcement officer' means the chief of police, the sheriff,14

or an equivalent officer or the designee of any such individ-15

ual.16

``(9) The Secretary shall take necessary actions to en-17

sure that the provisions of this subsection are published and18

disseminated to licensed dealers, law enforcement officials,19

and the public.''.20

(2) HANDGUN DEFINED.Section 921(a) of title21

18, United States Code, is amended by adding at the22

end the following:23

``(29) The term `handgun' means24

10

HR 1025 EAS

``(A) a firearm which has a short stock and is1

designed to be held and fired by the use of a single2

hand; and3

``(B) any combination of parts from which a4

firearm described in subparagraph (A) can be assem-5

bled.''.6

(b) PERMANENT PROVISION.Section 922 of title 18,7

United States Code, as amended by subsection (a)(1), is8

amended by adding at the end the following:9

``(t)(1) Beginning on the date that is 30 days after10

the Attorney General notifies licensees under section11

103(d)(1) of the Brady Handgun Violence Prevention Act12

that the national instant criminal background check system13

is established, and upon notification by the Attorney Gen-14

eral to licensees that the system is operational and capable15

of supplying information immediately (during which 30-16

day period subsection (s) shall remain in effect), a licensed17

importer, licensed manufacturer, or licensed dealer shall not18

transfer a firearm to any other person who is not licensed19

under this chapter, unless20

``(A) before the completion of the transfer, the li-21

censee contacts the national instant criminal back-22

ground check system established under section 103 of23

that Act;24

11

HR 1025 EAS

``(B)(i) the system provides the licensee with a1

unique identification number; or2

``(ii) 3 business days (meaning a day on which3

State offices are open) have elapsed since the licensee4

contacted the system, and the system has not notified5

the licensee that the receipt of a firearm by such other6

person would violate subsection (g) or (n) of this sec-7

tion; and8

``(C) the transferor has verified the identity of9

the transferee by examining a valid identification10

document (as defined in section 1028(d)(1) of this11

title) of the transferee containing a photograph of the12

transferee.13

``(2) If receipt of a firearm would not violate section14

922 (g) or (n) or State law, the system shall15

``(A) assign a unique identification number to16

the transfer;17

``(B) provide the licensee with the number; and18

``(C) destroy all records of the system with re-19

spect to the call (other than the identifying number20

and the date the number was assigned) and all21

records of the system relating to the person or the22

transfer.23

``(3) Paragraph (1) shall not apply to a firearm trans-24

fer between a licensee and another person if25

12

HR 1025 EAS

``(A)(i) such other person has presented to the li-1

censee a permit that2

``(I) allows such other person to possess or3

acquire a firearm; and4

``(II) was issued not more than 5 years ear-5

lier by the State in which the transfer is to take6

place; and7

``(ii) the law of the State provides that such a8

permit is to be issued only after an authorized gov-9

ernment official has verified that the information10

available to such official does not indicate that posses-11

sion of a firearm by such other person would be in12

violation of law;13

``(B) the Secretary has approved the transfer14

under section 5812 of the Internal Revenue Code of15

1986; or16

``(C) on application of the transferor, the Sec-17

retary has certified that compliance with paragraph18

(1)(A) is impracticable because19

``(i) the ratio of the number of law enforce-20

ment officers of the State in which the transfer21

is to occur to the number of square miles of land22

area of the State does not exceed 0.0025;23

``(ii) the business premises of the licensee at24

which the transfer is to occur are extremely re-25

13

HR 1025 EAS

mote in relation to the chief law enforcement of-1

ficer (as defined in subsection (s)(8)); and2

``(iii) there is an absence of telecommuni-3

cations facilities in the geographical area in4

which the business premises are located.5

``(4) If the national instant criminal background check6

system notifies the licensee that the information available7

to the system does not demonstrate that the receipt of a fire-8

arm by such other person would violate subsection (g) or9

(n) or State law, and the licensee transfers a firearm to10

such other person, the licensee shall include in the record11

of the transfer the unique identification number provided12

by the system with respect to the transfer.13

``(5) If the licensee knowingly transfers a firearm to14

such other person and knowingly fails to comply with para-15

graph (1) of this subsection with respect to the transfer and,16

at the time such other person most recently proposed the17

transfer, the national instant criminal background check18

system was operating and information was available to the19

system demonstrating that receipt of a firearm by such20

other person would violate subsection (g) or (n) or State21

law of this section, the Secretary may, after notice and op-22

portunity for a hearing, suspend for not more than 623

months or revoke any license issued to the licensee under24

14

HR 1025 EAS

section 923, and may impose on the licensee a civil fine1

of not more than $5,000.2

``(6) Neither a local government nor an employee of3

the Federal Government or of any State or local govern-4

ment, responsible for providing information to the national5

instant criminal background check system shall be liable in6

an action at law for damages7

``(A) for failure to prevent the sale or transfer of8

a firearm to a person whose receipt or possession of9

the firearm is unlawful under this section; or10

``(B) for preventing such a sale or transfer to a11

person who may lawfully receive or possess a fire-12

arm.''.13

(c) PENALTY.Section 924(a) of title 18, United14

States Code, is amended15

(1) in paragraph (1), by striking ``paragraph (2)16

or (3) of''; and17

(2) by adding at the end the following:18

``(5) Whoever knowingly violates subsection (s) or (t)19

of section 922 shall be fined not more than $1,000, impris-20

oned for not more than 1 year, or both.''.21

15

HR 1025 EAS

SEC. 103. NATIONAL INSTANT CRIMINAL BACKGROUND1

CHECK SYSTEM.2

(a) DETERMINATION OF TIMETABLES.Not later than3

6 months after the date of enactment of this Act, the Attor-4

ney General shall5

(1) determine the type of computer hardware6

and software that will be used to operate the national7

instant criminal background check system and the8

means by which State criminal records systems and9

the telephone or electronic device of licensees will com-10

municate with the national system;11

(2) investigate the criminal records system of12

each State and determine for each State a timetable13

by which the State should be able to provide criminal14

records on an on-line capacity basis to the national15

system; and16

(3) notify each State of the determinations made17

pursuant to paragraphs (1) and (2).18

(b) ESTABLISHMENT OF SYSTEM.19

(1) DETERMINATIONS.Not later than the date20

that is 24 months after the date of enactment of this21

Act, the Attorney General shall determine whether22

(A) the equipment used to link State crimi-23

nal history records systems to the national24

criminal history records system and the equip-25

ment necessary to operate the national instant26

16

HR 1025 EAS

criminal background check system are oper-1

ational; and2

(B) any group of States that3

(i) have at least 80 percent of the pop-4

ulation of the United States; and5

(ii) have reported during a 12-month6

period at least 80 percent of the number of7

crimes of violence reported by all of the8

States during that period,9

have achieved and maintained in each State at10

least 70 percent currency of case dispositions in11

computerized criminal history files for all cases12

in which there has been an event of activity13

within the last 5 years; and14

(C) if such determinations are made in the15

affirmative, the Attorney General shall certify16

that the national system is established.17

(2) ESTABLISHMENT.If the Attorney General18

makes an affirmative finding with respect to the mat-19

ters described in paragraph (1) (A) and (B), the At-20

torney General shall establish a national instant21

criminal background check system that any licensee22

may contact, by telephone and by other electronic23

means in addition to the telephone, for information,24

to be supplied immediately, on whether receipt of a25

17

HR 1025 EAS

firearm by a prospective transferee would violate sec-1

tion 922 of title 18, United States Code or State law.2

(c) EXPEDITED ACTION BY THE ATTORNEY GEN-3

ERAL.The Attorney General shall expedite4

(1) the upgrading and indexing of State crimi-5

nal history records in the Federal criminal records6

system maintained by the Federal Bureau of Inves-7

tigation;8

(2) the development of hardware and software9

systems to link State criminal history check systems10

into the national instant criminal background check11

system established by the Attorney General pursuant12

to this section; and13

(3) the current revitalization initiatives by the14

Federal Bureau of Investigation for technologically15

advanced fingerprint and criminal records identifica-16

tion.17

(d) NOTIFICATION OF LICENSEES.On establishment18

of the system under this section, the Attorney General shall19

notify each licensee and the chief law enforcement officer20

of each State of the existence and purpose of the system and21

the means to be used to contact the system.22

(e) STATES IN COMPLIANCE WITH TIMETABLE.At23

any time at which the Attorney General determines that24

18

HR 1025 EAS

(1) a State is in compliance with the timetable1

set for that State under subsection (a); and2

(2) the State has achieved and maintains at3

least 70 percent currency of case dispositions in com-4

puterized criminal history files for all cases in which5

there has been an event of activity within the last 56

years,7

the Attorney General shall notify each licensee in the State8

and the chief law enforcement officer of the State of the de-9

termination.10

(f) ADMINISTRATIVE PROVISIONS.11

(1) AUTHORITY TO OBTAIN OFFICIAL INFORMA-12

TION.Notwithstanding any other law, the Attorney13

General may secure directly from any department or14

agency of the United States such information on per-15

sons for whom receipt of a firearm would violate sub-16

section (g) or (n) of section 922 of title 18, United17

States Code or State law, as is necessary to enable the18

system to operate in accordance with this section. On19

request of the Attorney General, the head of such de-20

partment or agency shall furnish such information to21

the system.22

(2) OTHER AUTHORITY.The Attorney General23

shall develop such computer software, design and ob-24

tain such telecommunications and computer hard-25

19

HR 1025 EAS

ware, and employ such personnel, as are necessary to1

establish and operate the system in accordance with2

this section.3

(g) WRITTEN REASONS PROVIDED ON REQUEST.If4

the national instant criminal background check system de-5

termines that an individual is ineligible to receive a fire-6

arm and the individual requests the system to provide the7

reasons for the determination, the system shall provide such8

reasons to the individual, in writing, within 5 business9

days after the date of the request.10

(h) CORRECTION OF ERRONEOUS SYSTEM INFORMA-11

TION.If the system established under this section informs12

an individual contacting the system that receipt of a fire-13

arm by a prospective transferee would violate subsection (g)14

or (n) of section 922 of title 18, United States Code or State15

law, the prospective transferee may request the Attorney16

General to provide the prospective transferee with the rea-17

sons therefor. Upon receipt of such a request, the Attorney18

General shall immediately comply with the request. The19

prospective transferee may submit to the Attorney General20

information that to correct, clarify, or supplement records21

of the system with respect to the prospective transferee. After22

receipt of such information, the Attorney General shall im-23

mediately consider the information, investigate the matter24

further, and correct all erroneous Federal records relating25

20

HR 1025 EAS

to the prospective transferee and give notice of the error to1

any Federal department or agency or any State that was2

the source of such erroneous records.3

(i) REGULATIONS.After 90 days' notice to the public4

and an opportunity for hearing by interested parties, the5

Attorney General shall prescribe regulations to ensure the6

privacy and security of the information of the system estab-7

lished under this section.8

(j) PROHIBITION RELATING TO ESTABLISHMENT OF9

REGISTRATION SYSTEMS WITH RESPECT TO FIREARMS.10

No department, agency, officer, or employee of the United11

States may12

(1) require that any record or portion thereof13

generated by the system established under this section14

be recorded at or transferred to a facility owned,15

managed, or controlled by the United States or any16

State or political subdivision thereof; or17

(2) use the system established under this section18

to establish any system for the registration of fire-19

arms, firearm owners, or firearm transactions or dis-20

positions, except with respect to persons, prohibited21

by section 922 (g) or (n) of title 18, United States22

Code or State law, from receiving a firearm.23

(k) DEFINITIONS.As used in this section:24

21

HR 1025 EAS

(1) LICENSEE.The term ``licensee'' means a li-1

censed importer (as defined in section 921(a)(9) of2

title 18, United States Code), a licensed manufacturer3

(as defined in section 921(a)(10) of that title), or a4

licensed dealer (as defined in section 921(a)(11) of5

that title).6

(2) OTHER TERMS.The terms ``firearm'',7

``handgun'', ``licensed importer'', ``licensed manufac-8

turer'', and ``licensed dealer'' have the meanings stat-9

ed in section 921(a) of title 18, United States Code,10

as amended by subsection (a)(2).11

(l) AUTHORIZATION OF APPROPRIATIONS.There are12

authorized to be appropriated, from the Violent Crime Re-13

duction Trust Fund established by section 1115 of title 31,14

United States Code, such sums as are necessary to enable15

the Attorney General to carry out this section.16

SEC. 104. REMEDY FOR ERRONEOUS DENIAL OF FIREARM.17

(a) IN GENERAL.Chapter 44 of title 18, United18

States Code, is amended by inserting after section 925 the19

following new section:20

`` 925A. Remedy for erroneous denial of firearm21

``Any person denied a firearm pursuant to subsection22

(s) or (t) of section 92223

``(1) due to the provision of erroneous informa-24

tion relating to the person by any State or political25

22

HR 1025 EAS

subdivision thereof, or by the national instant crimi-1

nal background check system established under section2

103 of the Brady Firearm Violation Prevention Act;3

or4

``(2) who was not prohibited from receipt of a5

firearm pursuant to subsection (g) or (n) of section6

922,7

may bring an action against the State or political subdivi-8

sion responsible for providing the erroneous information, or9

responsible for denying the transfer, or against the United10

States, as the case may be, for an order directing that the11

erroneous information be corrected or that the transfer be12

approved, as the case may be. In any action under this13

section, the court, in its discretion, may allow the prevail-14

ing party a reasonable attorney's fee as part of the costs.''.15

(b) TECHNICAL AMENDMENT.The chapter analysis16

for chapter 44 of title 18, United States Code, is amended17

by inserting after the item relating to section 925 the follow-18

ing new item:19``925A. Remedy for erroneous denial of firearm.''.

SEC. 105. RULE OF CONSTRUCTION.20

This Act and the amendments made by this Act shall21

not be construed to alter or impair any right or remedy22

under section 552a of title 5, United States Code.23

23

HR 1025 EAS

SEC. 106. FUNDING FOR IMPROVEMENT OF CRIMINAL1

RECORDS.2

(a) USE OF FORMULA GRANTS.Section 509(b) of3

title I of the Omnibus Crime Control and Safe Streets Act4

of 1968 (42 U.S.C. 3759(b)) is amended5

(1) in paragraph (2) by striking ``and'' after the6

semicolon;7

(2) in paragraph (3) by striking the period and8

inserting ``; and''; and9

(3) by adding at the end the following new para-10

graph:11

``(4) the improvement of State record systems12

and the sharing with the Attorney General of all of13

the records described in paragraphs (1), (2), and (3)14

of this subsection and the records required by the At-15

torney General under section 103 of the Brady Hand-16

gun Violence Prevention Act, for the purpose of imple-17

menting that Act.''.18

(b) ADDITIONAL FUNDING.19

(1) GRANTS FOR THE IMPROVEMENT OF CRIMI-20

NAL RECORDS.The Attorney General, through the21

Bureau of Justice Statistics, shall, subject to appro-22

priations and with preference to States that as of the23

date of enactment of this Act have the lowest percent24

currency of case dispositions in computerized crimi-25

24

HR 1025 EAS

nal history files, make a grant to each State to be1

used2

(A) for the creation of a computerized3

criminal history record system or improvement4

of an existing system;5

(B) to improve accessibility to the national6

instant criminal background system; and7

(C) upon establishment of the national sys-8

tem, to assist the State in the transmittal of9

criminal records to the national system.10

(2) AUTHORIZATION OF APPROPRIATIONS.11

There are authorized to be appropriated for grants12

under paragraph (1), from the Violent Crime Reduc-13

tion Trust Fund established by section 1115 of title14

31, United States Code, a total of $200,000,000 for15

fiscal year 1994 and all fiscal years thereafter.16

SEC. 107. WITHHOLDING OF DEPARTMENT OF JUSTICE17

FUNDS.18

If the Attorney General does not certify the national19

instant criminal background check system pursuant to sec-20

tion 103(a) by21

(1) 24 months after the date of enactment of this22

Act the general administrative funds appropriated to23

the Department of Justice for the fiscal year begin-24

ning in the calendar year in which the date that is25

25

HR 1025 EAS

24 months after the date of enactment of this Act falls1

shall be reduced by 5 percent on a monthly basis; and2

(2) 36 months after the date of enactment of this3

Act the general administrative funds appropriated to4

the Department of Justice for the fiscal year begin-5

ning in the calendar year in which the date that is6

36 months after the date of enactment of this Act falls7

shall be reduced by 10 percent on a monthly basis.8

SEC. 108. WITHHOLDING STATE FUNDS.9

Effective on the date of enactment of this Act, the At-10

torney General may reduce by up to 50 percent the alloca-11

tion to a State for a fiscal year under title I of the Omnibus12

Crime Control and Safe Streets Act of 1968 of a State that13

is not in compliance with the timetable established for such14

State under section 103(a).15

TITLE IIMULTIPLE FIREARM16PURCHASES TO STATE AND17LOCAL POLICE18

SEC. 201. REPORTING REQUIREMENT.19

Section 923(g)(3) of title 18, United States Code, is20

amended21

(1) in the second sentence by inserting after22

``thereon,'' the following: ``, and to the department of23

State police or State law enforcement agency of the24

State or local law enforcement agency of the local ju-25

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risdiction in which the sale or other disposition took1

place,'';2

(2) by inserting ``(A)'' after ``(3)''; and3

(3) by adding at the end thereof the following:4

``(B) Except in the case of forms and contents5

thereof regarding a purchaser who is prohibited by6

subsection (g) or (n) of section 922 of this title from7

receipt of a firearm, the department of State police or8

State law enforcement agency or local law enforce-9

ment agency of the local jurisdiction shall not disclose10

any such form or the contents thereof to any person11

or entity, and shall destroy each such form and any12

record of the contents thereof no more than 20 days13

from the date such form is received. No later than the14

date that is 6 months after the effective date of this15

subparagraph, and at the end of each 6-month period16

thereafter, the department of State police or State law17

enforcement agency or local law enforcement agency18

of the local jurisdiction shall certify to the Attorney19

General of the United States that no disclosure con-20

trary to this subparagraph has been made and that21

all forms and any record of the contents thereof have22

been destroyed as provided in this subparagraph.''.23

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TITLE IIIFEDERAL FIREARMS1LICENSE REFORM2

SEC. 301. SHORT TITLE.3

This title may be cited as the ``Federal Firearms Li-4

cense Reform Act of 1993''.5

SEC. 302. PREVENTION OF THEFT OF FIREARMS.6

(a) COMMON CARRIERS.Section 922(e) of title 18,7

United States Code, is amended by adding at the end the8

following: ``No common or contract carrier shall require or9

cause any label, tag, or other written notice to be placed10

on the outside of any package, luggage, or other container11

that such package, luggage, or other container contains a12

firearm.''.13

(b) RECEIPT REQUIREMENT.Section 922(f) of title14

18, United States Code, is amended15

(1) by inserting ``(1)'' after ``(f)''; and16

(2) by adding at the end the following new para-17

graph:18

``(2) It shall be unlawful for any common or contract19

carrier to deliver in interstate or foreign commerce any fire-20

arm without obtaining written acknowledgement of receipt21

from the recipient of the package or other container in22

which there is a firearm.''.23

(c) LICENSING.Section 923(c) of title 18, United24

States Code, is amended by inserting after the first sentence25

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the following: ``A licensee may, in person, transfer or deliver1

firearms to, and receive firearms from, another licensee at2

any location without regard to the State which is specified3

on the license.''.4

(d) UNLAWFUL ACTS.Section 922 of title 18, United5

States Code, as amended by section 302(b), is amended by6

adding at the end the following new subsection:7

``(u) It shall be unlawful for a person to steal or un-8

lawfully take or carry away from the person or the premises9

of a person who is licensed to engage in the business of im-10

porting, manufacturing, or dealing in firearms, any fire-11

arm in the licensee's business inventory that has been12

shipped or transported in interstate or foreign commerce.''.13

(e) PENALTIES.Section 924 of title 18, United States14

Code, is amended by adding at the end the following new15

subsection:16

``(i)(1)(A) A person who knowingly violates section17

922(u) shall be fined not more than $10,000, imprisoned18

not more than 10 years, or both.19

``(B) A person who, during any robbery (as defined20

in section 1951) or riot (as defined in section 2104), violates21

section 922(u), shall be sentenced to imprisonment for 3022

years, no part of which may be suspended or, if a death23

results, to life imprisonment without release.24

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``(2) Nothing contained in this subsection shall be con-1

strued as indicating an intent on the part of Congress to2

occupy the field in which provisions of this subsection oper-3

ate to the exclusion of State laws on the same subject matter,4

nor shall any provision of this subsection be construed as5

invalidating any provision of State law unless such provi-6

sion is inconsistent with any of the purposes of this sub-7

section.''.8

SEC. 303. LICENSE APPLICATION FEES FOR DEALERS IN9

FIREARMS.10

Section 923(a)(3) of title 18, United States Code, is11

amended12

(1) in subparagraph (B) by striking ``a pawn-13

broker dealing in firearms other than'' and inserting14

``not a dealer in'';15

(2) in subparagraph (B) by striking ``$25 per16

year'' and inserting ``$200 for 3 years, except that the17

renewal of a valid license shall be $90 for 3 years.'';18

and19

(3) by striking subparagraph (C).20

SEC. 304. DEFINITION OF ANTIQUE FIREARMS.21

Section 921(a)(16)(A) of title 18, United States Code,22

is amended by striking ``1898'' and inserting ``1918''.23

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SEC. 305. COMMUNICATION WITH LICENSEES.1

Section 926 of title 18, United States Code, is amend-2

ed3

(1) by inserting at the end of subsection (b) the4

following: ``In addition to such other requirements of5

law as may be applicable, no rule or regulation shall6

be effective until 30 days after a copy has been pro-7

vided to all persons licensed under this chapter.''; and8

(2) by inserting at the end thereof the following9

new subsections:10

``(d) The Secretary shall publish and provide to all li-11

censees, not less than on a quarterly basis each year, all12

official rulings concerning this chapter and concerning13

chapter 53 of title 26, United States Code.14

``(e) The Secretary shall publish and provide to all li-15

censees, at such times as he shall deem necessary, the names16

and license numbers of all revoked firearms licensees.''.17

TITLE IVMENTAL DEFECTIVES18SEC. 401. NOTIFICATION OF ADJUDICATIONS OF PERSONS19

AS MENTAL DEFECTIVES AND COMMITMENTS20

TO MENTAL INSTITUTIONS.21

Section 503(a) of title I of the Omnibus Safe Streets22

and Crime Control Act of 1968 (42 U.S.C. 3753(a)) is23

amended by adding at the end the following new paragraph:24

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``(12) A certification that the State has estab-1

lished a plan under which the State will provide to2

the Department of Justice, without fee3

``(A) within 30 days after the date on which4

any person in the State is adjudicated as a men-5

tal defective or committed to a mental institu-6

tion, notice of the adjudication or commitment;7

and8

``(B) within 30 days after the date on which9

the Department of Justice requests it, a copy of10

the certified record of the adjudication or com-11

mitment.''.12

Attest:

Secretary.

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Superintendent of Documents2010-06-11T17:08:56-0400US GPO, Washington, DC 20401Superintendent of DocumentsGPO attests that this document has not been altered since it was disseminated by GPO