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H. R
. 1025A
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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