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BRADY_93.DOC
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February 23, 1993
BRADY_93.DOC
103D CONGRESS, 1ST SESSION
H. R. 277
To amend title 18, United States Code, to require a waiting
period before the purchase of a handgun.
=======================
IN THE HOUSE OF REPRESENTATIVES
January 5, 1993
Mr. MAZZOLI introduced the following bill; which was referred to
the Committee on the Judiciary
=======================
A BILL
To amend title 18, United States Code, to require a waiting
period before the purchase of a handgun.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Brady Handgun Violence
Prevention Act".
SEC. 2. WAITING PERIOD REQUIRED BEFORE PURCHASE OF HANDGUN.
(a) IN GENERAL.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
(1) 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 identification
of the transferee by examining the
identification document presented; and
(III) within one day after the
transferee furnishes the statement,
provided a copy of the statement to the
chief law enforcement officer of the
place of residence of the transferee;
and
(ii)(I) 7 days have elapsed from the date the
transferee furnished the statement, and
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, which states 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 which--
(I) allows the transferee to possess 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 law;
(D) the law of the State--
(i) prohibits any licensed importer, licensed
manufacturer, or licensed dealer from
transferring a handgun to an individual who
is not licensed under section 923, before at
least 7 days have elapsed from the date the
transferee proposes such transfer; or
(ii) 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
verifies that the information available to
such official does not indicate that
possession of a handgun by the transferee
would be in violation of law; or
(E) the transferor has received a report from any
system of felon identification established by the
Attorney General pursuant to section 6213(a) of
the Anti-Drug Abuse Amendments Act of 1988, that
available information does not indicate that
possession or receipt of a handgun by the
transferee would violate Federal, State, or local
law.
(2) Paragraph (1) shall not be interpreted to require any
action by a chief law enforcement officer which is not
otherwise required.
(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 one
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 immediately communicate all
information 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 paragraph (1)(A)(i)(III) with respect to the
statement.
(B) Unless the chief law enforcement officer to whom a
copy of the statement is sent determines that a
transaction would violate Federal, State, or local
law, the officer shall, within 30 days after the
date the transferee made the statement, destroy
the copy and any record containing information
derived from the statement.
(7) 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.
(8) This subsection shall not apply to the sale of a
firearm in the circumstances described in subsection
(c).
(9) The Secretary shall take necessary actions to assure
that the provisions of this subsection are published
and disseminated to dealers and to the public.
(b) HANDGUN DEFINED.--Section 921(a) of such title 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.
(c) PENALTY.--Section 924(a) of such title 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 section 922(s) shall be
fined not more than $1,000, imprisoned for not
more than one year, or both.
(d) EFFECTIVE DATE.--The amendments made by this Act shall apply
to conduct engaged in 90 or more days after the date of the
enactment of this Act.
