[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 787 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 787

To prohibit the manufacture, importation, exportation, sale, purchase, 
   transfer, receipt, possession, or transportation of handguns and 
              handgun ammunition, with certain exceptions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 1997

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

_______________________________________________________________________

                                 A BILL


 
To prohibit the manufacture, importation, exportation, sale, purchase, 
   transfer, receipt, possession, or transportation of handguns and 
              handgun ammunition, with certain exceptions.

    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 Health and Safety Act of 
1997''.

SEC. 2. FINDINGS AND DECLARATIONS.

    The Congress finds and declares that--
            (1) the number of privately held handguns has more than 
        doubled--from 33,000,000 in 1973 to more than 75,000,000 in 
        1995--in the past two decades alone, and the number of handguns 
        in circulation continues to increase by 2,500,000 handguns each 
        year;
            (2) handguns play a major role, disproportionate to their 
        number in comparison with rifles and shotguns, in violent 
        crime, intentional and accidental death, and intentional and 
        accidental injury;
            (3) while the number of homicides committed with long guns 
        has remained relatively stable, the number of handgun homicides 
        has set new records every year since 1987, matching pace with 
        the skyrocketing national homicide rate;
            (4) the number of handgun-related incidents in elementary 
        and secondary schools has increased sharply, with significant 
        numbers of schoolchildren in rural and urban areas reporting 
        easy access to and frequent carrying to school of handguns; and 
        the presence of handguns in school not only provokes worry 
        among parents and children but also causes much needed school 
        funds to be diverted for purchase of security equipment;
            (5) handgun violence places considerable strain on the 
        national health care system and the economy, at a cost of 
        $20,400,000,000 annually as a result of direct medical 
        expenditures, lost productivity from injury-related illness and 
        disability, and lost productivity from premature death;
            (6) handguns kept in the home are of less value than is 
        commonly thought in defending against intruders, and they are 
        far more likely to increase significantly the danger of a 
        handgun fatality or injury to the inhabitants (including 
        children) than to enhance their personal safety;
            (7) violent crime and injury committed with handguns 
        constitute a burden upon and interfere with interstate and 
        foreign commerce, and threaten the domestic tranquility of the 
        Nation; and
            (8) current Federal firearms policy is wholly inadequate to 
        counteract the social, economic, and financial costs exacted by 
        handguns to our society.

SEC. 3. AMENDMENT OF TITLE 18, UNITED STATES CODE.

    Chapter 44 of title 18, United States Code, is amended--
            (1) by--
                    (A) redesignating the text of the chapter as 
                subchapter A;
                    (B) inserting after the chapter heading the 
                following:

``Subchapter
``A. Firearms In General.......................................     921
``B. Handguns..................................................     941
                 ``SUBCHAPTER A--FIREARMS IN GENERAL'';

        and
                    (C) striking ``this chapter'' each place it appears 
                and inserting ``this subchapter''; and
            (2) by adding at the end the following new subchapter:

                        ``SUBCHAPTER B--HANDGUNS

``Sec.
``941. Definitions.
``942. Unlawful acts.
``943. Licensing of handgun clubs.
``944. Registration of security guard services.
``945. Recordkeeping and reports; transfers to licensed handgun clubs.
``946. Voluntary delivery to law enforcement agency; reimbursement.
``947. Penalties.
``948. Regulations.
``949. Relation to other law.
``950. Severability.
``Sec. 941. Definitions
    ``(a) Terms Defined in Section 921.--Unless otherwise defined in 
subsection (b), a term used in this subchapter that is defined in 
section 921 has the meaning stated in that section.
    ``(b) Additional Terms.--As used in this subchapter:
            ```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.
            ```Handgun ammunition' means ammunition that is designed 
        for use primarily in a handgun.
            ```Handgun club' means a club organized for bona fide 
        target shooting with handguns.
            ```Licensed handgun club' means a handgun club that is 
        licensed under section 943.
            ```Registered security guard service' means a security 
        guard service that is registered under section 944.
            ```Security guard service' means an entity that engages in 
        the business of providing security guard services to the 
        public.
``Sec. 942. Unlawful acts
    ``(a) Offense.--Except as provided in subsections (b) and (c), it 
is unlawful for a person to manufacture, import, export, sell, buy, 
transfer, receive, own, possess, transport, or use a handgun or handgun 
ammunition.
    ``(b) Exceptions.--Subsection (a) does not apply to--
            ``(1) the Army, Navy, Air Force, Marine Corps, Coast Guard, 
        and National Guard;
            ``(2) Federal, State, or local government agencies charged 
        with law enforcement duties that require its officers to 
        possess handguns;
            ``(3) registered security guard services, and employees of 
        such services who are performing duties as security guards;
            ``(4) licensed handgun clubs; or
            ``(5) members of a licensed handgun club who are 
        participating in otherwise lawful activities of the club.
    ``(c) Approved Transactions.--Pursuant to regulations issued by the 
Secretary, the Secretary may approve the manufacture, importation, 
sale, purchase, transfer, receipt, ownership, possession, 
transportation, and use of a handgun or handgun ammunition by licensed 
manufacturers, licensed importers, and licensed dealers as necessary to 
meet the lawful requirements of the persons and entities described in 
subsection (b).
``Sec. 943. Licensing of handgun clubs
    ``(a) Handgun Clubs.--Pursuant to regulations issued by the 
Secretary, the Secretary may issue a license to a handgun club if--
            ``(1) no member of the handgun club is a person whose 
        membership and participation in the club is in violation of 
        State or local law;
            ``(2) no member of the handgun club is prohibited from 
        transporting, shipping, or receiving firearms or ammunition in 
        interstate or foreign commerce under section 922 (g) or (h);
            ``(3) no member of the handgun club has willfully violated 
        this chapter or any regulations issued under this chapter;
            ``(4) the handgun club has not willfully failed to disclose 
        any material information required, and has not made any false 
        statement as to any material fact in connection with its 
        application;
            ``(5) the handgun club has been founded and is operated for 
        bona fide target shooting;
            ``(6) the handgun club--
                    ``(A) has a single, established premises from which 
                it operates;
                    ``(B) has procedures for supervising the use of 
                handguns by its members at all times;
                    ``(C)(i) has procedures and has facilities on its 
                premises for keeping the handguns in a secure place, 
                under the control of a designated officer of the club, 
                at all times when the handguns are not being used by 
                its members; and
                    ``(ii) has made arrangements for the storage of the 
                members' handguns in a facility of the local police 
                department or other law enforcement agency, at all 
                times when the handguns are not being used by its 
                members; and
                    ``(D) meets all operational, safety, security, 
                training, and other requirements that the Secretary may 
                prescribe by regulation.
    ``(b) Revocation.--The Secretary shall revoke the license of a 
licensed handgun club that does not continue to meet the requirements 
of subsection (a).
    ``(c) License Fee.--A licensed handgun club shall pay to the 
Secretary an annual license fee of $25.
``Sec. 944. Registration of security guard services
    ``(a) Security Guard Services.--Under regulations issued by the 
Secretary, the Secretary may approve the registration of a security 
guard service if--
            ``(1)(A) the security guard service has procedures and has 
        facilities on its premises for keeping its handguns in a secure 
        place, under the control of a designated officer of the 
        security guard service; or
            ``(B) has made arrangements for the storage of its handguns 
        in a facility of the local police department or other law 
        enforcement agency, at all times when such handguns are not in 
        use for legitimate business purposes;
            ``(2) the security guard service has obtained all necessary 
        State and local licenses and meets all State and local 
        requirements to engage in the business of providing security 
        guard service; and
            ``(3) the security guard service meets all operational, 
        safety, security, training, and other requirements that the 
        Secretary may prescribe by regulation.
    ``(b) Revocation.--The Secretary shall revoke the registration of a 
registered security guard service that does not continue to meet the 
requirements of subsection (a).
    ``(c) Registration Fee.--A registered security guard service shall 
pay to the Secretary an annual registration fee of $50.
``Sec. 945. Recordkeeping and reports; transfers to licensed handgun 
              clubs
    ``(a) Recordkeeping.--
            ``(1) In general.--A licensed manufacturer, licensed 
        importer, licensed dealer, licensed handgun club, or registered 
        security guard service that sells or otherwise transfers a 
        handgun or handgun ammunition shall--
                    ``(A) maintain records of such sales, transfers, 
                receipts, and other dispositions of handguns and 
                handgun ammunition, in such form as the Secretary may 
                by regulation provide; and
                    ``(B) permit the Secretary to enter its premises at 
                reasonable times for the purpose of inspecting such 
                records.
            ``(2) Members of licensed handgun clubs.--A member of a 
        licensed handgun club who sells or otherwise transfers a 
        handgun or handgun ammunition shall maintain records of such 
        sales, transfers, receipts, and other dispositions of handguns 
        and handgun ammunition, in such form as the Secretary may by 
        regulation provide.
    ``(b) Reports of Loss or Theft.--(1) A licensed handgun club or 
registered security guard service shall report to the Secretary a loss 
or theft of any handgun in its possession or the possession of one of 
its members or employees not later than thirty days after the loss or 
theft is discovered.
    ``(2) A report made under paragraph (1) shall include such 
information as the Secretary by regulation shall prescribe, including 
the date and place of theft or loss.
    ``(c) Transfers to Handgun Clubs.--A person that sells or otherwise 
transfers a handgun to a licensed handgun club or member of a licensed 
handgun club shall transport or otherwise deliver the handgun directly 
to the premises of the licensed handgun club where the handgun will be 
kept.
``Sec. 946. Voluntary delivery to law enforcement agency; reimbursement
    ``(a) Delivery.--A person may at any time voluntarily deliver to 
any Federal, State, or local law enforcement agency designated by the 
Secretary a handgun owned or possessed by the person.
    ``(b) Disposition.--The Secretary shall arrange with each agency 
designated to receive handguns for the transfer, destruction, or other 
disposition of handguns delivered under subsection (a).
    ``(c) Reimbursement.--The Secretary shall pay to a person who 
delivers a handgun under subsection (a) on or prior to the date that is 
one hundred eighty days after the date of enactment of this subchapter 
an amount equal to the greater of--
            ``(1) $25; or
            ``(2) the fair market value of the handgun as determined by 
        the Secretary.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary to make such 
payments under subsection (c).
Sec. 947. Penalties
    ``(a) Violation of Section 942.--(1) Except as provided in 
paragraph (2), a person who violates section 942 shall be fined not 
more than $5,000, imprisoned not more than five years, or both.
    ``(2) A person who voluntarily delivers a handgun under section 
946(a) after the date that is one hundred eighty days after the date of 
enactment of this subchapter shall not be subject to criminal 
prosecution for possession of the handgun under any Federal, State, or 
local law, but shall pay to the Secretary a civil penalty in an amount 
determined by the Secretary, not to exceed $500.
    ``(b) Failure to Report Loss or Theft.--A licensed handgun club or 
registered security guard service that fails to report a loss or theft 
of a handgun as required by section 945(b)--
            ``(1) in the case of a negligent failure to report or a 
        negligent failure to discover the loss or theft, shall pay to 
        the Secretary a civil penalty in an amount determined by the 
        Secretary, not to exceed $1,000; and
            ``(2) in the case of an intentional failure to report, 
        shall be fined not more than $5,000, its officer designated 
        under section 943(a)(6)(C)(i) or 944(a)(1)(A) imprisoned not 
        more than five years, or both.
    ``(c) Failure to Deliver to Premises of Licensed Handgun Club.--A 
person who sells or otherwise transfers a handgun to a licensed handgun 
club or member of a licensed handgun club and causes the handgun to be 
shipped or otherwise delivered by any means or to any place other than 
directly to the premises of the licensed handgun club where the handgun 
will be kept, in violation of section 945(c)--
            ``(1) in the case of a negligent delivery to an 
        unauthorized place, shall pay to the Secretary a civil penalty 
        in an amount determined by the Secretary, not to exceed $1,000; 
        and
            ``(2) in the case of an intentional delivery to an 
        unauthorized place, shall be fined not more than $5,000, 
        imprisoned not more than five years, or both.
    ``(d) False Statement or Representation.--(1) A person who--
            ``(A) makes a false statement or representation with 
        respect to information required by this subchapter to be kept 
        in the records of an importer, manufacturer, dealer, or handgun 
        club licensed under this subchapter or security guard service 
        registered under this subchapter; or
            ``(B) makes a false statement or representation in applying 
        for a handgun club license or security guard service 
        registration under this subchapter,
shall be subject to penalty under paragraph (2).
    ``(2)(A) In the case of a negligent making of a false statement or 
representation described in paragraph (1), the person shall pay to the 
Secretary a civil penalty in an amount determined by the Secretary, not 
to exceed $1,000; and
    ``(B) in the case of an intentional making of a false statement or 
representation described in paragraph (1), the person shall be fined 
not more than $5,000, imprisoned not more than five years, or both.
    ``(e) Failure to Keep or Permit Inspection of Records.--A person 
who fails to keep or permit inspection of records in violation of 
section 945(a)--
            ``(1) in the case of a negligent failure to maintain 
        records, shall pay to the Secretary a civil penalty in an 
        amount determined by the Secretary, not to exceed $1,000; and
            ``(2) in the case of an intentional failure to maintain 
        records or any failure to permit inspection of records, shall 
        be fined not more than $5,000, and its chief executive officer 
        or other person responsible for the failure shall be imprisoned 
        not more than five years, or both.
    ``(f) Forfeiture.--Any handgun or handgun ammunition involved or 
used in, or intended to be used in, a violation of this subchapter or 
any regulation issued under this subchapter, or any violation of any 
other criminal law of the United States, shall be subject to seizure 
and forfeiture, and all provisions of the Internal Revenue Code of 1986 
relating to the seizure, forfeiture, and disposition of firearms shall, 
so far as applicable, extend to seizures and forfeitures under this 
subchapter.
``Sec. 948. Regulations
    ``The Secretary may prescribe such regulations as the Secretary 
deems necessary to carry out this subchapter.
``Sec. 949. Relation to other law
    ``The regulation of handguns under this subchapter is in addition 
to the regulation of handguns under subchapter A and any other Federal, 
State, or local law.
``Sec. 950. Severability
    ``If any provision of this subchapter or the application thereof to 
any person or circumstance is held invalid, the remainder of the 
subchapter and the application of that provision to other persons not 
similarly situated or to other circumstances shall not be affected 
thereby.''.

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this Act shall 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.

SEC. 5. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this Act shall take effect on the date of 
enactment of this Act.
    (b) Delayed Effective Date.--Sections 942 and 945 of title 18, 
United States Code, as added by section 3 of this Act, shall take 
effect on the date that is one hundred and eighty days after the date 
of enactment of this Act.
                                 <all>