[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3482 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3482

  To establish a system for regulating the possession and transfer of 
        handguns and handgun ammunition, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 1993

   Mr. Rush (for himself, Mr. Clay, Mr. Lipinski, Mr. Foglietta, Ms. 
   Norton, and Mr. Rangel) introduced the following bill; which was 
  referred jointly to the Committees on the Judiciary and Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
  To establish a system for regulating the possession and transfer of 
        handguns and handgun ammunition, and for other purposes.

    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 ``Public Safety and Protection Act of 
1993''.

SEC. 2. SYSTEM FOR REGULATION OF HANDGUNS AND HANDGUN AMMUNITION.

    (a) Definitions.--Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following:
    ``(29) The term `handgun' means any firearm, including a pistol or 
revolver, that is designed to be fired by the use of a single hand, and 
any combination of parts from which such a firearm can be assembled.
    ``(30) The term `handgun ammunition' means ammunition that is 
designed for use primarily in a handgun.
    ``(31) The term `handgun club' means a club that is organized and 
is operated for target shooting with handguns, and the term `licensed 
handgun club' means a handgun club licensed under section 923(l).
    ``(32) The term `authorized security guard service' means a private 
entity that is authorized under State and local law to conduct a 
business of providing security services.''.
    (b) Prohibitions.--Section 922 of such title is amended by adding 
at the end the following:
    ``(s)(1) It shall be unlawful for any person to possess or transfer 
a handgun or handgun ammunition, except as provided in this subsection.
    ``(2) Any of the following persons may transfer a handgun or 
handgun ammunition to any other of the following persons:
            ``(A) A member of a licensed handgun club.
            ``(B) An authorized security guard service.
            ``(C) A person licensed under section 923.
    ``(3)(A) A member of a licensed handgun club may possess a handgun 
or handgun ammunition on the premises of the club.
    ``(B) An individual authorized by a State to provide security 
services and employed as a security guard may possess a handgun or 
handgun ammunition within the scope of such employment.
    ``(C) An individual certified or commissioned as a police officer 
under the laws of the United States or of any State or political 
subdivision thereof may possess a handgun or handgun ammunition at any 
location within the scope of the certification or commission.
    ``(D) A person described in paragraph (2) of this subsection may 
possess a handgun or handgun ammunition owned by a person licensed 
under section 923 at the location specified on the license.
    ``(E) A person licensed under section 923 may transport a handgun 
or handgun ammunition, title to which has been lawfully transferred 
under paragraph (2) of this subsection, directly to a location where 
the transferee may lawfully possess the handgun or handgun ammunition, 
but only in accordance with regulations prescribed by the Secretary.
    ``(4) Paragraph (1) shall not apply to the United States or any 
department or agency thereof, or any State or any department, agency, 
or political subdivision thereof.''.
    (c) Licensing of Handgun Clubs.--Section 923 of such title is 
amended by adding at the end the following:
    ``(l)(1) Any person desiring to be licensed as a handgun club may 
file an application for the license with the Secretary.
    ``(2) The application shall be in such form and contain only such 
information as the Secretary shall by regulation prescribe.
    ``(3) The Secretary shall approve an application for a license 
under this subsection if--
            ``(A) the applicant is a handgun club that--
                    ``(i) has not willfully failed to disclose any 
                material information required in, and has not made any 
                false statement as to any material fact in connection 
                with, the application;
                    ``(ii) has been founded and operates for bona fide 
                target shooting;
                    ``(iii) has premises from which it operates;
                    ``(iv) maintains possession and control of the 
                handguns used by its members at all times when they are 
                not in the possession of club members;
                    ``(v) has procedures and facilities on its premises 
                for keeping handguns in a secure place, under the 
                control of a designated officer of the club at all 
                times when they are not being used for target shooting; 
                and
                    ``(vi) meets all requirements that the Secretary 
                may prescribe by regulation; and
            ``(B) no member of the club--
                    ``(i) is a person whose membership and 
                participation in the club is in violation of State or 
                local law;
                    ``(ii) is prohibited from transporting, shipping, 
                or receiving firearms or ammunition in interstate or 
                foreign commerce under subsection (g) or (h) of section 
                922; or
                    ``(iii) has willfully violated this chapter or any 
                regulation issued under this chapter.
    ``(4) If the Secretary approves an application for a license under 
this subsection, then, upon payment by the applicant of a $100 fee, the 
Secretary shall issue to the applicant a license entitling the 
applicant to operate as a licensed handgun club.
    ``(5) A license issued under this subsection shall expire 1 year 
after the date of issuance.
    ``(6) The Secretary may, after notice and opportunity for a 
hearing, revoke any license issued under this subsection if the holder 
of the license fails to continue to meet the requirements of paragraph 
(3).''.
    (d) Recordkeeping; Inspections.--Section 923 of such title, as 
amended by subsection (c) of this section, is amended by adding at the 
end the following:
    ``(m) Any person who transfers a handgun or handgun ammunition 
shall--
            ``(1) maintain a record of the transfer in such form as the 
        Secretary may by regulation provide; and
            ``(2) permit the Secretary to enter the premises of the 
        person (and, if the person is a member of a licensed handgun 
        club, the premises of the club) at reasonable times for the 
        purpose of inspecting the record.''.
    (e) Report of Loss or Theft.--Section 923 of such title, as amended 
by subsections (c) and (d) of this section, is amended by adding at the 
end the following:
    ``(n) Not later than 30 days after a person discovers the loss by 
the person or the theft from the person of a handgun, handgun 
ammunition, or a record required to be maintained under this chapter, 
the person shall report the loss or theft to the Secretary.''.
    (f) Penalties.--Section 924(a) of such title is amended--
            (1) in paragraph (1)--
                    (A) in the matter before subparagraph (A), by 
                striking ``paragraph (2) or (3) of''; and
                    (B) in subparagraph (B), by striking ``or (q)'' and 
                inserting ``(r), or (s)''; and
            (2) by adding at the end the following:
    ``(5)(A) A person who violates section 923(n) shall pay to the 
Secretary a civil penalty in an amount determined by the Secretary, of 
not less than $2,000 nor more than $5,000.
    ``(B) A person shall pay to the Secretary a civil penalty in an 
amount determined by the Secretary, of not less than $1,000 nor more 
than $5,000, if the person--
            ``(i) violates section 922(s)(3)(E) or 923(m); or
            ``(ii) makes a false statement or representation with 
        respect to any matter covered by subsection (l) or (m) of 
        section 923.
    ``(C) Any handgun or handgun ammunition involved or used in, or 
intended to be used in, a violation of this chapter or any regulation 
issued under this chapter, or any violation of any other criminal law 
of any State or the United States, shall be subject to seizure and 
forfeiture.''.
    (g) Rule of Construction.--The amendments made by this section 
shall not be construed as modifying or affecting any provision of--
            (1) the National Firearms Act (chapter 53 of the Internal 
        Revenue Code of 1956);
            (2) section 414 of the Mutual Security Act of 1954 (22 
        U.S.C. 1934), relating to munitions control; or
            (3) section 1715 of title 18, United States Code, relating 
        to nonmailable firearms.
    (h) Effective Date.--The amendments made by this section shall 
apply to conduct engaged in after the 180-day period that begins with 
the date of the enactment of this Act.

SEC. 3. REPEAL OF PROHIBITIONS AGAINST RECORDING FIREARMS RECORDS AT, 
              OR TRANSFERRING SUCH RECORDS TO, A PUBLIC FACILITY, AND 
              ESTABLISHING A SYSTEM FOR REGISTRATION OF FIREARMS, 
              FIREARMS OWNERS, OR FIREARMS DISPOSITIONS.

    Section 926(a) of title 18, United States Code, is amended by 
striking the 2nd and 3rd sentences.

SEC. 4. RESTORATION OF RECORDKEEPING REQUIREMENTS FOR DEALERS SELLING 
              FIREARMS FROM PERSONAL COLLECTIONS.

    Section 923 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``only that information 
        necessary to determine eligibility for licensing'' and 
        inserting ``such information'';
            (2) in subsection (b), by striking ``only that information 
        necessary to determine eligibility'' and inserting ``such 
        information''; and
            (3) in subsection (c), by striking ``: Provided, That no 
        other recordkeeping shall be required'' and inserting ``, and 
        any other recordkeeping as may be prescribed by the 
        Secretary''.

SEC. 5. STANDARD OF PROOF FOR REVOCATION OF FIREARMS LICENSES.

    Section 923(e) of title 18, United States Code, is amended by 
striking ``willfully'' each place such term appears.

SEC. 6. INCREASE IN LICENSE FEES; MORE FREQUENT EXPIRATION OF CERTAIN 
              LICENSES.

    (a) Increase in License Fee.--Section 923(a) of title 18, United 
States Code, is amended--
            (1) by striking ``$1,000'' each place such term appears and 
        inserting ``$5,000'';
            (2) by striking ``$50'' each place such term appears and 
        inserting ``$3,500'';
            (3) by striking ``$25'' and inserting ``$500''; and
            (4) by striking ``$10'' each place such term appears and 
        inserting ``$3,000''.
    (b) Annual Expiration of Dealers' Licenses.--Section 923(c) of such 
title is amended by inserting after the 1st sentence the following: 
``If the qualified applicant is a dealer described in subsection 
(a)(3)(C), the period stated in the license shall be 1 year.''.

SEC. 7. STATE AND LOCAL FIREARMS LICENSES REQUIRED AS A CONDITION OF 
              FEDERAL LICENSE TO DEAL IN FIREARMS.

    (a) License Applicants.--Section 923(d)(1) of title 18, United 
States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E) 
        and inserting ``; and'';
            (3) by adding at the end the following:
            ``(F) in the case of an application to engage in the 
        business of dealing in firearms, the applicant has obtained any 
        license, permit, or other document required under State or 
        local law to engage in such a business.''.
    (b) License Holders.--Section 923(e) of such title is amended by 
inserting ``or of State or local law relating to firearms,'' before 
``or any rule''.

SEC. 8. PROHIBITION AGAINST DEALING IN FIREARMS FROM A PRIVATE 
              RESIDENCE.

    Section 923(d)(1)(E)(i) of title 18, United States Code, is amended 
by inserting ``, and which do not contain living quarters unless such 
business is conducted or is intended to be conducted in a part of the 
premises that is (and the customer entrance to such part is) wholly 
separate from such living quarters'' before the comma.

SEC. 9. REGULATIONS GOVERNING SECURE STORAGE OF FIREARMS.

    Section 926 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(d) The Secretary shall prescribe regulations requiring the 
secure storage of firearms by licensed dealers.''.

SEC. 10. REGULATION BY THE CONSUMER PRODUCT SAFETY COMMISSION.

    Section 3(a)(1) of the Consumer Product Safety Act (15 U.S.C. 
2052(a)(1)) is amended--
            (1) by striking subparagraph (E), and
            (2) by striking ``described in subparagraph (E) of this 
        paragraph or''.

                                 <all>