[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3949 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3949

  To ban the imposition of a fee for performing background checks in 
     connection with the transfer of a firearm, and to ensure that 
background check information is not retained for longer than necessary.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 1998

Mr. Barr of Georgia (for himself, Mr. Boucher, Mr. Graham, Mr. Barcia, 
 and Mr. Strickland) introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To ban the imposition of a fee for performing background checks in 
     connection with the transfer of a firearm, and to ensure that 
background check information is not retained for longer than necessary.

    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 ``No Gun Tax Act of 1998''.

SEC. 2. BAN AGAINST FEE FOR BACKGROUND CHECK IN CONNECTION WITH FIREARM 
              TRANSFER.

    (a) In General.--Chapter 33 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 540B. Ban against fee for background check in connection with 
              firearm transfer
    ``No officer, employee, or agent of the United States, including a 
State or local employee or officer acting on behalf of the United 
States, may charge or collect any fee in connection with any background 
check required in connection with the transfer of a firearm (as defined 
in section 921(a)(3) of title 18, United States Code).''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended by inserting after the item relating to section 540A the 
following:

``540B. Ban against fee for background check in connection with firearm 
                            transfer.''.

SEC. 3. UNLAWFUL RETENTION OF FIREARMS TRANSFER INFORMATION.

    (a) In General.--Chapter 93 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1925. Unlawful retention of firearms transfer information
    ``(a)(1) Whoever, being an officer, employee, contractor, 
consultant, or agent of the United States, including a State or local 
employee or officer acting on behalf of the United States, in such 
capacity (A) receives instant check information, in any form or through 
any medium, about an individual who is determined, through the use of 
the instant check system, not to be prohibited by subsection (g) or (n) 
of section 922 of this title or State law from receiving a firearm (as 
defined in section 921(a)(3) of this title), and (B) knowingly retains 
or transfers to another person such information after the 24-hour 
period beginning with such receipt, shall be fined not more than 
$250,000, imprisoned not more than 10 years, or both.
    ``(2)(A) Except as provided in subparagraph (B), whoever, being an 
officer, employee, contractor, consultant, or agent of the United 
States, including a State or local employee or officer acting on behalf 
of the United States, in such capacity (i) receives instant check 
information, in any form or through any medium, about an individual who 
is prohibited by Federal or State law from receiving a firearm (as so 
defined), and (ii) knowingly retains or transfers to another person 
such information after the 5-year period beginning with such receipt, 
shall be fined not more than $250,000, imprisoned not more than 10 
years, or both.
    ``(B) Subparagraph (A) shall not apply to information about an 
individual if a criminal prosecution has been commenced against the 
individual on the basis of the information.
    ``(b) In this section:
            ``(1) the term `instant check information' means 
        information provided to the instant check system about an 
        individual seeking to obtain a firearm, or derived from 
        information so provided (other than any unique identification 
        number provided by the system pursuant to section 
        922(t)(1)(B)(i) of this title, and the date any such number is 
        so provided); and
            ``(2) the term `instant check system' means the national 
        instant criminal background check system established under 
        section 103 of the Brady Handgun Violence Prevention Act.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended by inserting after the item relating to section 1924 the 
following:

``1925. Unlawful retention of firearms transfer information.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on November 30, 
1998.
                                 <all>