[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1984 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1984

 To prohibit the transfer of a handgun by a licensed dealer unless the 
     transferee states that the transferee is not the subject of a 
     restraining order with respect to an intimate partner of the 
   transferee, a child of the transferee, or a child of an intimate 
                       partner of the transferee.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 24, 1998

Mr. Lautenberg introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To prohibit the transfer of a handgun by a licensed dealer unless the 
     transferee states that the transferee is not the subject of a 
     restraining order with respect to an intimate partner of the 
   transferee, a child of the transferee, or a child of an intimate 
                       partner of the transferee.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION OF THE TRANSFER OF A HANDGUN BY A LICENSED 
              DEALER UNLESS THE TRANSFEREE STATES THAT THE TRANSFEREE 
              IS NOT THE SUBJECT OF A RESTRAINING ORDER WITH RESPECT TO 
              AN INTIMATE PARTNER OF THE TRANSFEREE, A CHILD OF THE 
              TRANSFEREE, OR A CHILD OF AN INTIMATE PARTNER OF THE 
              TRANSFEREE.

    Section 922(s)(3)(B) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of clause (vi); and
            (2) by adding ``and'' at the end of clause (vii); and
            (3) by adding at the end the following:
                    ``(viii) is not subject to a court order that--
                            ``(I) restrains the transferee from 
                        harassing, stalking, or threatening an intimate 
                        partner of the transferee or child of such 
                        intimate partner or transferee, or engaging in 
                        other conduct that would place an intimate 
                        partner in reasonable fear of bodily injury to 
                        the partner or child;
                            ``(II) was issued after a hearing of which 
                        the transferee received actual notice, and at 
                        which the transferee had the opportunity to 
                        participate; and
                            ``(III)(aa) includes a finding that the 
                        transferee represents a credible threat to the 
                        physical safety of such intimate partner or 
                        child; or
                            ``(bb) by its terms explicitly prohibits 
                        the use, attempted use, or threatened use of 
                        physical force against such intimate partner or 
                        child that would reasonably be expected to 
                        cause bodily injury;''.
                                 <all>