[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 414 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 414

  To amend title 18, United States Code, to require a waiting period 
                   before the purchase of a handgun.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 24 (legislative day, January 5), 1993

 Mr. Metzenbaum (for himself, Mr. Mitchell, Mrs. Kassebaum, Mr. Kohl, 
Mr. Chafee, Mr. Kennedy, Mr. Simon, Mr. Pell, Mr. Wellstone, Mr. Akaka, 
 Mr. Glenn, Mr. Levin, Mr. Harkin, Mr. Lautenberg, Ms. Moseley-Braun, 
 Mrs. Boxer, Mr. Hatfield, Mr. Feingold, Mr. Dodd, Mrs. Feinstein, Mr. 
  Moynihan, Mr. Lieberman, Mr. Bradley, Mrs. Murray, Mr. Inouye, Mr. 
  Warner, Ms. Mikulski, and Mr. Kerry) introduced the following bill; 
                     which was read the first time

_______________________________________________________________________

                                 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. FEDERAL FIREARMS LICENSEE REQUIRED TO CONDUCT CRIMINAL 
              BACKGROUND CHECK BEFORE TRANSFER OF FIREARM TO 
              NONLICENSEE.

    (a) Interim Provision.--
            (1) In general.--Section 922 of title 18, United States 
        Code, is amended by adding at the end the following:
    ``(s)(1) Beginning on the date that is ninety days after the date 
of enactment of this subsection and ending on the day before the date 
that the Attorney General certifies under section 3 of the Brady 
Handgun Violence Prevention Act that the national instant criminal 
background check system is established (except as provided in 
paragraphs (2) and (3) of such section), 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 identity of the 
                        transferee by examining the identification 
                        document presented;
                            ``(III) within one day after the transferee 
                        furnishes the statement, provided notice of the 
                        contents of the statement to the chief law 
                        enforcement officer of the place of residence 
                        of the transferee; and
                            ``(IV) within one day after the transferee 
                        furnishes the statement, transmitted a copy of 
                        the statement to the chief law enforcement 
                        officer of the place of residence of the 
                        transferee; and
                    ``(ii)(I) five business days (as defined by days in 
                which State offices are open) have elapsed from the 
                date the transferor furnished notice of the contents of 
                the statement to the chief law enforcement officer, 
                during which period 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 ten-day 
        period ending on the date of the most recent proposal of such 
        transfer by the transferee, stating 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 that--
                    ``(I) allows the transferee to possess a handgun; 
                and
                    ``(II) was issued not more than five 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 the law;
            ``(D) the law of the State 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 
        verify that the information available to such official does not 
        indicate that possession of a handgun by the transferee would 
        be in violation of law, except that this subparagraph shall not 
        apply to a State that, on the date of certification pursuant to 
        section 3 of the Brady Handgun Violence Prevention Act, is not 
        in compliance with the timetable established pursuant to 
        section 3 of such Act;
            ``(E) the Secretary has approved the transfer under section 
        5812 of the Internal Revenue Code of 1986; or
            ``(F) on application of the transferor, the Secretary has 
        certified that compliance with subparagraph (A)(i)(III) is 
        impracticable because--
                    ``(i) the ratio of the number of law enforcement 
                officers of the State in which the transfer is to occur 
                to the number of square miles of land area of the State 
                does not exceed 0.0025;
                    ``(ii) the business premises of the transferor at 
                which the transfer is to occur are extremely remote in 
                relation to the chief law enforcement officer; and
                    ``(iii) there is an absence of telecommunications 
                facilities in the geographical area in which the 
                business premises are located.
    ``(2) A chief law enforcement officer to whom a transferor has 
provided notice pursuant to paragraph (1)(A)(i)(III) shall make a 
reasonable effort to ascertain within five business days whether the 
transferee has a criminal record or whether there is any other legal 
impediment to the transferee's receiving a handgun, including research 
in whatever State and local recordkeeping systems are available and in 
a national system designated by the Attorney General.
    ``(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 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 subclauses (III) and 
(IV) of paragraph (1)(A)(i) with respect to the statement.
    ``(B) Unless the chief law enforcement officer to whom a statement 
is transmitted under paragraph (1)(A)(i)(IV) determines that a 
transaction would violate Federal, State, or local law--
            ``(i) the officer shall, within twenty business days after 
        the date the transferee made the statement on the basis of 
        which the notice was provided, destroy the statement and any 
        record containing information derived from the statement;
            ``(ii) the information contained in the statement shall not 
        be conveyed to any person except a person who has a need to 
        know in order to carry out this subsection; and
            ``(iii) the information contained in the statement shall 
        not be used for any purpose other than to carry out this 
        subsection.
    ``(7) A chief law enforcement officer or other person responsible 
for providing criminal history background information pursuant to this 
subsection shall not be liable in an action at law for damages--
            ``(A) for failure to prevent the sale or transfer of a 
        handgun to a person whose receipt or possession of the handgun 
        is unlawful under this section; or
            ``(B) for preventing such a sale or transfer to a person 
        who may lawfully receive or possess a handgun.
    ``(8) 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.
    ``(9) The Secretary shall take necessary actions to ensure that the 
provisions of this subsection are published and disseminated to 
licensed dealers, law enforcement officials, and the public.''.
            (2) 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.''.
    (b) Permanent Provision.--Section 922 of title 18, United States 
Code, as amended by subsection (a)(1) of this section, is amended by 
adding at the end the following:
    ``(t)(1) Beginning on the date that the Attorney General certifies 
under section 3 of the Brady Handgun Violence Prevention Act that the 
national instant criminal background check system is established 
(except as provided in paragraphs (2) and (3) of such section), a 
licensed importer, licensed manufacturer, or licensed dealer shall not 
transfer a firearm to any other person who is not such a licensee, 
unless--
            ``(A) before the completion of the transfer, the licensee 
        contacts the national instant criminal background check system 
        established under section 3 of such Act;
            ``(B) the system notifies the licensee that the system has 
        not located any record that demonstrates that the receipt of a 
        firearm by such other person would violate subsection (g) or 
        (n) of this section or any State or local law; and
            ``(C) the transferor has verified the identity of the 
        transferee by examining a valid identification document (as 
        defined in section 1028(d)(1) of this title) of the transferee 
        containing a photograph of the transferee.
    ``(2) Paragraph (1) shall not apply to a firearm transfer between a 
licensee and another person if--
            ``(A)(i) such other person has presented to the licensee a 
        permit that--
                    ``(I) allows such other person to possess a 
                firearm; and
                    ``(II) was issued not more than five 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 firearm by such other person 
        would be in violation of law;
            ``(B) the Secretary has approved the transfer under section 
        5812 of the Internal Revenue Code of 1986; or
            ``(C) on application of the transferor, the Secretary has 
        certified that compliance with paragraph (1)(A) is 
        impracticable because--
                    ``(i) the ratio of the number of law enforcement 
                officers of the State in which the transfer is to occur 
                to the number of square miles of land area of the State 
                does not exceed 0.0025;
                    ``(ii) the business premises of the licensee at 
                which the transfer is to occur are extremely remote in 
                relation to the chief law enforcement officer (as 
                defined in subsection (s)(8)); and
                    ``(iii) there is an absence of telecommunications 
                facilities in the geographical area in which the 
                business premises are located.
    ``(3) If the national instant criminal background check system 
notifies the licensee that the information available to the system does 
not demonstrate that the receipt of a firearm by such other person 
would violate subsection (g) or (n), and the licensee transfers a 
firearm to such other person, the licensee shall include in the record 
of the transfer the unique identification number provided by the system 
with respect to the transfer.
    ``(4) In addition to the authority provided under section 923(e), 
if the licensee knowingly transfers a firearm to such other person and 
knowingly fails to comply with paragraph (1) of this subsection with 
respect to the transfer and, at the time such other person most 
recently proposed the transfer, the national instant criminal 
background check system was operating and information was available to 
the system demonstrating that receipt of a firearm by such other person 
would violate subsection (g) or (n) of this section, the Secretary may, 
after notice and opportunity for a hearing, suspend for not more than 
six months or revoke any license issued to the licensee under section 
923, and may impose on the licensee a civil fine of not more than 
$5,000.
    ``(5) Neither a local government nor an employee of the Federal 
Government or of any State or local government, responsible for 
providing information to the national instant criminal background check 
system shall be liable in an action at law for damages--
            ``(A) for failure to prevent the sale or transfer of a 
        handgun to a person whose receipt or possession of the handgun 
        is unlawful under this section; or
            ``(B) for preventing such a sale or transfer to a person 
        who may lawfully receive or possess a handgun.''.
    (c) Penalty.--Section 924(a) of title 18, United States Code, 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 subsection (s) or (t) of section 
922 shall be fined not more than $1,000, imprisoned for not more than 1 
year, or both.''.

SEC. 3. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

    (a) Establishment of System.--The Attorney General of the United 
States shall establish a national instant criminal background check 
system that any licensee may contact for information on whether receipt 
of a firearm by a prospective transferee thereof would violate 
subsection (g) or (n) of section 922 of title 18, United States Code, 
or any State or local law.
    (b) Expedited Action by the Attorney General.--The Attorney General 
shall expedite--
            (1) the upgrading and indexing of State criminal history 
        records in the Federal criminal records system maintained by 
        the Federal Bureau of Investigation;
            (2) the development of hardware and software systems to 
        link State criminal history check systems into the national 
        instant criminal background check system established by the 
        Attorney General pursuant to this section; and
            (3) the current revitalization initiatives by the Federal 
        Bureau of Investigation for technologically advanced 
        fingerprint and criminal records identification.
    (c) Provision of State Criminal Records to the National Instant 
Criminal Background Check System.--(1) Not later than six months after 
the date of enactment of this Act, the Attorney General shall--
            (A) determine the type of computer hardware and software 
        that will be used to operate the national instant criminal 
        background check system and the means by which State criminal 
        records systems will communicate with the national system;
            (B) investigate the criminal records system of each State 
        and determine for each State a timetable by which the State 
        should be able to provide criminal records on an on line 
        capacity basis to the national system;
            (C) notify each State of the determinations made pursuant 
        to subparagraphs (A) and (B).
    (2) The Attorney General shall require as a part of the State 
timetable that the State achieve, by the end of five years after the 
date of enactment of this Act, at least 80 percent currency of case 
dispositions in computerized criminal history files for all cases in 
which there has been an event of activity within the last five years 
and continue to maintain such a system.
    (d) National System Certification.--(1) On the date that is thirty 
months after the date of enactment of this Act, and at any time 
thereafter, the Attorney General shall determine whether--
            (A) the national system has achieved at least 80 percent 
        currency of case dispositions in computerized criminal history 
        files for all cases in which there has been an event of 
        activity within the last five years on a national average 
        basis; and
            (B) the States are in compliance with the timetable 
        established pursuant to subsection (c),
and, if so, shall certify that the national system is established.
    (2) If, on the date of certification in paragraph (1) of this 
subsection, a State is not in compliance with the timetable established 
pursuant to subsection (c) of this section, section 922(s) of title 18, 
United States Code, shall remain in effect in such State and section 
922(t) of such title shall not apply to the State. The Attorney General 
shall certify if a State subject to the provisions of section 922(s) 
under the preceding sentence achieves compliance with its timetable 
after the date of certification in paragraph (1) of this subsection, 
and section 922(s) of title 18, United States Code, shall not apply to 
such State and section 922(t) of such title shall apply to the State.
    (3) Six years after the date of enactment of this Act, the Attorney 
General shall certify whether or not a State is in compliance with 
subsection (c)(2) of this section and if the State is not in 
compliance, section 922(s) of title 18, United States Code, shall apply 
to the State and section 922(t) of such title shall not apply to the 
State. The Attorney General shall certify if a State subject to the 
provisions of section 922(s) under the preceding sentence achieves 
compliance with the standards in subsection (c)(2) of this section, and 
section 922(s) of title 18, United States Code, shall not apply to the 
State and section 922(t) of such title shall apply to the State.
    (e) Notification of Licensees.--On establishment of the system 
under this section, the Attorney General shall notify each licensee and 
the chief law enforcement officer of each State of the existence and 
purpose of the system and the means to be used to contact the systems
    (f) Administrative Provisions.--
            (1) Authority to obtain official information.--
        Notwithstanding any other law, the Attorney General may secure 
        directly from any department or agency of the United States 
        such information on persons for whom receipt of a firearm would 
        violate subsection (g) or (n) of section 922 of title 18, 
        United States Code, or any State or local law, as is necessary 
        to enable the system to operate in accordance with this 
        section. On request of the Attorney General, the head of such 
        department or agency shall furnish such information to the 
        system.
            (2) Other authority.--The Attorney General shall develop 
        such computer software, design and obtain such 
        telecommunications and computer hardware, and employ such 
        personnel, as are necessary to establish and operate the system 
        in accordance with this section.
    (g) Correction of Erroneous System Information.--If the system 
established under this section informs an individual contacting the 
system that receipt of a firearm by a prospective transferee would 
violate subsection (g) or (n) of section 922 of title 18, United States 
Code, or any State or local law, the prospective transferee may request 
the Attorney General to provide the prospective transferee with the 
reasons therefor. Upon receipt of such a request, the Attorney General 
shall immediately comply with the request. The prospective transferee 
may submit to the Attorney General information that to correct, 
clarify, or supplement records of the system with respect to the 
prospective transferee. After receipt of such information, the Attorney 
General shall immediately consider the information, investigate the 
matter further, and correct all erroneous Federal records relating to 
the prospective transferee and give notice of the error to any Federal 
department or agency or any State that was the source of such erroneous 
records.
    (h) Regulations.--After ninety days notice to the public and an 
opportunity for hearing by interested parties, the Attorney General 
shall prescribe regulations to ensure the privacy and security of the 
information of the system established under this section.
    (i) Prohibition Relating to Establishment of Registration Systems 
With Respect to Firearms.--No department, agency, officer, or employee 
of the United States may--
            (1) require that any record or portion thereof maintained 
        by the system established under this section be recorded at or 
        transferred to a facility owned, managed, or controlled by the 
        United States or any State or political subdivision thereof; or
            (2) use the system established under this section to 
        establish any system for the registration of firearms, firearm 
        owners, or firearm transactions or dispositions, except with 
        respect to persons, prohibited by section 922(g) or (n) of 
        title 18, United States Code, from receiving a firearm.
    (j) Definitions.--As used in this section:
            (1) Licensee.--The term ``licensee'' means a licensed 
        importer, licensed manufacturer, or licensed dealer under 
        section 923 of title, 18, United States Code.
            (2) Other terms.--The terms ``firearm'', ``licensed 
        importer'', ``licensed manufacturer'', and ``licensed dealer'' 
        have the meanings stated in section 921(a) (3), (9), (10), and 
        (11), respectively, of title 18, United States Code.

SEC. 4. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS.

    (a) Improvements in State Records.--
            (1) Use of formula grants.--Section 509(b) of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3759(b)) is amended--
                    (A) in paragraph (2) by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (3) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) the improvement of State record systems and the 
        sharing with the Attorney General of all of the records 
        described in paragraphs (1), (2), and (3) of this subsection 
        and the records required by the Attorney General under section 
        3 of the Brady Handgun Violence Prevention Act, for the purpose 
        of implementing such Act.''
            (2) Additional funding.--
                    (A) Grants for the improvement of criminal 
                records.--The Attorney General, through the Bureau of 
                Justice Statistics, shall, subject to appropriations 
                and with preference to States that as of the date of 
                enactment of this Act have the lowest percent currency 
                of case dispositions in computerized criminal history 
                files, make a grant to each State to be used--
                            (i) for the creation of a computerized 
                        criminal history record system or improvement 
                        of an existing system;
                            (ii) to improve accessibility to the 
                        national instant criminal background system; 
                        and
                            (iii) upon establishment of the national 
                        system, to assist the State in the transmittal 
                        of criminal records to the national system.
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated for grants under 
                subparagraph (A) a total of $100,000,000 for fiscal 
                year 1994 and all fiscal years thereafter.
    (b) Withholding State Funds.--Effective on the date of enactment of 
this Act the Attorney General may reduce by up to 50 percent the 
allocation to a State for a fiscal year under title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 of a State that is not in 
compliance with the timetable established for such State under section 
3 of this Act.
    (c) Withholding of Department of Justice Funds.--If the Attorney 
General does not certify the national instant criminal background check 
system pursuant to section 3(d)(1) by--
            (1) thirty months after the date of enactment of this Act 
        the general administrative funds appropriated to the Department 
        of Justice for the fiscal year beginning in the calendar year 
        in which the date that is thirty months after the date of 
        enactment of this Act falls shall be reduced by 5 percent on a 
        monthly basis; and
            (2) forty-two months after the date of enactment of this 
        Act the general administrative funds appropriated to the 
        Department of Justice for the fiscal year beginning in the 
        calendar year in which the date that is forty-two months after 
        the date of enactment of this Act falls shall be reduced by 10 
        percent on a monthly basis.

                                 <all>

S 414 IS----2