[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3268 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3268

 To amend title 18, United States Code, to reform the laws relating to 
                Federal firearms licenses and licensees.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 13, 1993

Mr. Combest (for himself, Mr. Oberstar, Mr. Emerson, and Mr. Sarpalius) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to reform the laws relating to 
                Federal firearms licenses and licensees.

    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 ``Federal Firearms License Reform Act 
of 1993''.

SEC. 2. PREVENTION OF THEFT OF FIREARMS.

    (a) Prohibition Against Labelling of Containers Containing 
Firearms.--Section 922(e) of title 18, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(e)''; and
            (2) by adding at the end the following:
    ``(2) It shall be unlawful for any common or contract carrier to 
require or cause to be placed on the outside of any package, luggage, 
or other container any label, tag, or other written notice that the 
package, luggage, or other container contains a firearm.''.
    (b) Duty To Obtain Written Acknowledgement of Receipt of Containers 
Containing Firearms.--Section 922(f) of such title is amended--
            (1) by inserting ``(1)'' after ``(f)''; and
            (2) by adding at the end the following:
    ``(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 of the firearm from the recipient of 
the firearm.''.
    (c) Personal Transfer of Firearms Between Licensees Outside Their 
Business Premises.--Section 923(c) of such title is amended by 
inserting after the 1st sentence the following: ``Notwithstanding any 
other provision of this chapter, a person licensed under this section 
may, in person, transfer or deliver firearms to, and receive firearms 
from, another such person at any location without regard to the State 
specified on the license.''.
    (d) Prohibition Against Stealing Firearms From Certain Licensees.--
            (1) Prohibition.--Section 922 of such title is amended by 
        adding at the end the following:
    ``(s) It shall be unlawful for a person to steal, unlawfully 
convert, or take by fraud from the person or the premises of a licensed 
importer, licensed manufacturer, or licensed dealer any firearm in the 
business inventory of the licensee which has been shipped or 
transported in interstate or foreign commerce.''.
            (2) Penalties.--Section 924 of such title is amended by 
        adding at the end the following:
    ``(i)(1) Whoever knowingly violates section 922(s) shall be fined 
not more than $10,000, imprisoned not more than 10 years, or both.
    ``(2) Whoever, during and in relation to a robbery (as defined in 
section 1951(b)(1)) or riot (as defined in section 2102(a)), knowingly 
violates section 922(s) shall be sentenced to imprisonment for 30 
years, or, if a death results, to life imprisonment without release or 
to death.''.

SEC. 3. 3-YEAR LICENSE TO DEAL IN FIREARMS; INCREASE IN APPLICATION 
              FEE.

    Section 923(a)(3) of title 18, United States Code, is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``who is a pawnbroker dealing''; 
                and
                    (B) by striking ``$25 per year; or'' and inserting 
                ``$150 for an original license for 3 years, or $75 for 
                the renewal of a license for 3 years.''; and
            (2) by striking subparagraph (C).

SEC. 4. FEDERAL FIREARMS LICENSEES REQUIRED TO REPORT THEFT OF FIREARMS 
              FROM THE INVENTORY OR COLLECTION OF THE LICENSEE.

    Section 923(g) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(6)(A) Within 5 business days after a person licensed under this 
section discovers the theft of a firearm from the inventory or 
collection of the licensee, the licensee shall report the theft to the 
chief law enforcement officer of the place of business of the licensee.
    ``(B) For purposes of subparagraph (A), the term `chief law 
enforcement officer' means the chief of police, the sheriff, or an 
equivalent officer, or the designee of any such individual.''.

SEC. 5. RESPONSES TO REQUESTS FOR INFORMATION.

    Section 923(g) of title 18, United States Code, as amended by 
section 4 of this Act, is amended by adding at the end the following:
    ``(7) Not later than 5 business days after a licensee receives from 
the Secretary a written or in-person request therefor, the licensee 
shall provide the Secretary with such information contained in the 
records required to be kept by the licensee under this chapter as may 
be required for determining the disposition of 1 or more firearms. The 
licensee shall provide the information orally or in writing, as the 
Secretary may require.''.

SEC. 6. EXPANDED DEFINITION OF CURIOS OR RELICS.

    (a) In General.--Section 921(a) of title 18, United States Code, is 
amended by adding at the end the following:
            ``(29) The term `curios or relics' means firearms so 
        designated by the Secretary by regulation, and firearms 
        manufactured in or before the calendar year 1946 acquired for a 
        personal collection and not as business inventory or for resale 
        for livelihood and profit.''.
    (b) Conforming Amendment.--Section 921(a)(13) of such title is 
amended by striking ``as the Secretary shall by regulation define,''.

SEC. 7. EXPANDED DEFINITION OF ANTIQUE FIREARMS.

    Section 921(a)(16)(A) of title 18, United States Code, is amended 
by striking ``1898'' and inserting ``1918''.

SEC. 8. APPLICANT FOR FEDERAL FIREARMS LICENSE REQUIRED TO NOTIFY LOCAL 
              LAW ENFORCEMENT AUTHORITIES OF INTENTION TO APPLY FOR THE 
              LICENSE.

    Section 923(d)(1)(E) of title 18, United States Code, is amended by 
inserting before the comma the following: ``and the applicant has 
certified on the application that the applicant has sent or delivered 
notice, on a form prescribed by the Secretary, to the chief law 
enforcement officer (as defined in subsection (g)(6)(B)) of the 
locality in which the premises are located, that the applicant intends 
to apply for a Federal firearms license''.

SEC. 9. PROVISION TO LICENSEES OF RULES GOVERNING FIREARMS.

    Section 926 of title 18, United States Code, is amended--
            (1) by inserting at the end of subsection (b) the 
        following: ``No such rule or regulation shall be effective 
        until 30 days after a copy thereof has been provided to all 
        persons licensed under this chapter.''; and
            (2) by adding at the end the following:
    ``(d)(1)(A) Upon the effective date of this subsection, the 
Secretary shall publish and provide to all licensees a compilation of 
the State laws and published ordinances which are relevant to 
compliance with this chapter.
    ``(B) Each year thereafter, the Secretary shall publish and provide 
to licensees all amendments to such State laws and published 
ordinances.
    ``(2) If the Secretary fails to provide to a licensee the 
information required to be provided under this subsection, then, in any 
proceeding for the revocation of the license or any criminal 
prosecution of the licensee under this chapter, the licensee shall be 
rebuttably presumed to have had no knowledge of any State law or 
published ordinance that is relevant to the revocation proceeding or 
criminal prosecution.
    ``(e)(1) The Secretary shall provide a copy of all regulations 
prescribed and official rulings made under this chapter, and all 
regulations prescribed and official rulings made under chapter 53 of 
the Internal Revenue Code of 1986, to each person licensed under this 
chapter--
            ``(A) in the case of a person who became so licensed before 
        the effective date of this subsection, as soon as is 
        practicable after such effective date; or
            ``(B) in the case of a person who becomes so licensed after 
        such effective date, upon the issuance of the license.
    ``(2) Not less frequently than quarterly, the Secretary shall 
provide to each person licensed under this chapter a copy of all 
changes in the regulations, and all new rulings, referred to in 
paragraph (1) since the most recent provision of information to the 
person under this subsection.
    ``(f) The Secretary shall publish and provide to each person 
licensed under this chapter, at such times as the Secretary shall deem 
necessary, the name and license number of any person whose license 
under this chapter has been revoked.''.

SEC. 10. REGISTRATION TO REQUIRE PHOTOGRAPH AND FINGERPRINTS.

    Section 5802 of the National Firearms Act is amended by inserting 
after the 1st sentence the following: ``An individual required to 
register under this section shall at the time of such registration, 
provide a photograph and fingerprints of the individual obtained from 
law enforcement authorities.''.

SEC. 11. ATTORNEY'S FEE PAYABLE IN CASES OF UNAUTHORIZED DENIAL OR 
              REVOCATION OF LICENSE.

    Section 923(f)(3) of title 18, United States Code, is amended by 
inserting ``, and shall award the prevailing party, other than the 
United States, a reasonable attorney's fee for which the United States 
shall be liable'' before the period.

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