[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4233 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4233

  To amend title 18, United States Code, to require the reporting of 
    information to the chief law enforcement officer of the buyer's 
residence and a minimum 72-hour waiting period before the purchase of a 
                                handgun.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 1998

 Mr. Schumer introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to require the reporting of 
    information to the chief law enforcement officer of the buyer's 
residence and a minimum 72-hour 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 Waiting Period Extension Act 
of 1998''.

SEC. 2. MINIMUM 72-HOUR HANDGUN PURCHASE WAITING PERIOD ESTABLISHED.

    Section 922(t) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) by striking ``before the completion of 
                        the transfer, the licensee'' and inserting 
                        ``after the most recent proposal of the 
                        transfer by the transferee, the licensee, as 
                        expeditiously as is feasible,''; and
                            (ii) by inserting ``and the chief law 
                        enforcement officer of the place of residence 
                        of the transferee'' after ``Act'';
                    (B) in subparagraph (B)(ii)--
                            (i) by striking ``3'' and inserting ``5''; 
                        and
                            (ii) by striking ``and'' after the 
                        semicolon;
                    (C) in subparagraph (C), by striking the period and 
                inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(D) if the firearm is a handgun--
                    ``(i) at least 72 hours have elapsed since the 
                licensee contacted the system;
                    ``(ii) 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, 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; or
                    ``(iii) 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 State or local 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.''; and
            (2) by adding at the end the following:
    ``(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) Any chief law enforcement officer who accepts a statement 
transmitted under paragraph (1)(A) shall, within 20 business days after 
the date the transferee made the statement, destroy the statement and 
any record containing information derived from the statement, unless 
the chief law enforcement officer determines that the transaction would 
violate Federal, State, or local law.
    ``(9) The Attorney General shall promulgate regulations regarding 
the manner in which information shall be transmitted by licensees to 
the national instant criminal background check system under paragraph 
(1)(A).''.
                                 <all>