[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2324 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2324

To amend section 922(t) of title 18, United States Code, to require the 
 reporting of information to the chief law enforcement officer of the 
   buyer's residence and to require a minimum 72-hour waiting period 
       before the purchase of a handgun, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 16, 1998

 Mr. Durbin (for himself, Mr. Chafee, Mr. Lautenberg, Mr. Torricelli, 
  Mr. Reed, and Mrs. Boxer), introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend section 922(t) of title 18, United States Code, to require the 
 reporting of information to the chief law enforcement officer of the 
   buyer's residence and to require a minimum 72-hour waiting period 
       before the purchase of a handgun, and for other purposes.

    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 referred to as the ``Brady Waiting Period Extension 
Act of 1998''.

SEC. 2. ESTABLISHMENT OF MINIMUM 72-HOUR HANDGUN PURCHASE WAITING 
              PERIOD.

    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'' at the end;
                    (C) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(D) if the firearm is a handgun--
                    ``(i) not less than 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 a member of the household of the 
                transferee; or
                    ``(iii) the law of the State in which the proposed 
                transfer will occur requires, 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, that an 
                authorized State or local official verify that the 
                information available to the official does not indicate 
                that possession of a handgun by the transferee would be 
                in violation of the law, and the authorized State or 
                local official has provided such verification in 
                accordance with that law.''; and
            (2) by adding at the end the following:
    ``(7) In this subsection, the term `chief law enforcement officer' 
means the chief of police, the sheriff, or an equivalent officer of a 
law enforcement agency, or the designee of any such officer.
    ``(8) A chief law enforcement officer who is contacted under 
paragraph (1)(A) with respect to the proposed transfer of a firearm 
shall, not later than 20 business days after the date on which the 
contact occurs, destroy any statement or other record containing 
information derived from the contact, unless the chief law enforcement 
officer determines that the transfer would violate Federal, State, or 
local law.
    ``(9) The Secretary of the Treasury 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>