[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2525 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2525

    To provide for the implementation of a system of licensing for 
  purchasers of certain firearms and for a record of sale system for 
                those firearms, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2000

   Mrs. Feinstein (for herself, Mr. Lautenberg, Mrs. Boxer, and Mr. 
   Schumer) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To provide for the implementation of a system of licensing for 
  purchasers of certain firearms and for a record of sale system for 
                those firearms, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Firearm Licensing 
and Record of Sale Act of 2000''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
                           TITLE I--LICENSING

Sec. 101. Licensing requirement.
Sec. 102. Application requirements.
Sec. 103. Issuance of license.
Sec. 104. Renewal of license.
Sec. 105. Revocation of license.
                  TITLE II--RECORD OF SALE OR TRANSFER

Sec. 201. Sale and transfer requirements for qualifying firearms.
Sec. 202. Firearm records.
                   TITLE III--ADDITIONAL PROHIBITIONS

Sec. 301. Universal background check requirement.
Sec. 302. Failure to maintain or permit inspection of records.
Sec. 303. Failure to report loss or theft of firearm.
Sec. 304. Failure to provide notice of change of address.
Sec. 305. Child access prevention.
                         TITLE IV--ENFORCEMENT

Sec. 401. Criminal penalties.
Sec. 402. Regulations.
Sec. 403. Inspections.
Sec. 404. Orders.
Sec. 405. Injunctive enforcement.
            TITLE V--FIREARM INJURY INFORMATION AND RESEARCH

Sec. 501. Duties of the Secretary.
                     TITLE VI--EFFECT ON STATE LAW

Sec. 601. Effect on State law.
Sec. 602. Certification of State firearm licensing and record of sale 
                            systems.
                  TITLE VII--RELATIONSHIP TO OTHER LAW

Sec. 701. Subordination to Arms Export Control Act.
                      TITLE VIII--INAPPLICABILITY

Sec. 801. Inapplicability to governmental authorities.
                        TITLE IX--EFFECTIVE DATE

Sec. 901. Effective date of amendments.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the manufacture, distribution, and importation of 
        firearms is inherently commercial in nature;
            (2) firearms regularly move in interstate commerce;
            (3) firearms trafficking is so prevalent and widespread in 
        and among the States that it is usually impossible to 
        distinguish between intrastate trafficking and interstate 
        trafficking;
            (4) to the extent that firearms trafficking is intrastate 
        in nature, it arises out of and is substantially connected with 
        a commercial transaction, which, when viewed in the aggregate, 
        substantially affects interstate commerce;
            (5) because the intrastate and interstate trafficking of 
        firearms are so commingled, full regulation of interstate 
        commerce requires the incidental regulation of intrastate 
        commerce; and
            (6) it is in the national interest and within the role of 
        the Federal Government to ensure that the regulation of 
        firearms is uniform among the States, that law enforcement can 
        quickly and effectively trace firearms used in crime, and that 
        firearms owners know how to use and safely store their 
        firearms.
    (b) Purposes.--The purposes of this Act and the amendments made by 
this Act are--
            (1) to protect the public against the unreasonable risk of 
        injury and death associated with the unrecorded sale or 
        transfer of qualifying firearms to criminals and youth;
            (2) to ensure that owners of qualifying firearms are 
        knowledgeable in the safe use, handling, and storage of those 
        firearms;
            (3) to restrict the availability of qualifying firearms to 
        criminals, youth, and other persons prohibited by Federal law 
        from receiving firearms; and
            (4) to facilitate the tracing of qualifying firearms used 
        in crime by Federal and State law enforcement agencies.

SEC. 3. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Firearm; licensed dealer; licensed manufacturer.--The 
        terms ``firearm'', ``licensed dealer'', and ``licensed 
        manufacturer'' have the meanings given those terms in section 
        921(a) of title 18, United States Code.
            (2) Qualifying firearm.--The term ``qualifying firearm'' 
        has the meaning given the term in section 921(a) of title 18, 
        United States Code, as amended by subsection (b) of this 
        section.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.
            (4) State.--The term ``State'' means each of the several 
        States of the United States and the District of Columbia.
    (b) Amendment to Title 18, United States Code.--Section 921(a) of 
title 18, United States Code, is amended by adding at the end the 
following:
            ``(35) The term `qualifying firearm'--
                    ``(A) means--
                            ``(i) any handgun ; or
                            ``(ii) any semiautomatic firearm that can 
                        accept any detachable ammunition feeding 
                        device; and
                    ``(B) does not include any antique.''.

                           TITLE I--LICENSING

SEC. 101. LICENSING REQUIREMENT.

    Section 922 of title 18, United States Code, is amended by 
inserting after subsection (y) the following:
    ``(z) Firearm Licensing Requirement.--
            ``(1) In general.--It shall be unlawful for any person 
        other than a licensee to possess a qualifying firearm on or 
        after the applicable date, unless that person has been issued a 
        firearm license--
                    ``(A) under title I of the Firearm Licensing and 
                Record of Sale Act of 2000, which license has not been 
                invalidated or revoked under that title; or
                    ``(B) pursuant to a State firearm licensing and 
                record of sale system certified under section 602 of 
                the Firearm Licensing and Record of Sale Act of 2000, 
                which license has not been invalidated or revoked under 
                State law.
            ``(2) Applicable date.--In this subsection, the term 
        `applicable date' means--
                    ``(A) with respect to a qualifying firearm that is 
                acquired by the person before the date of enactment of 
                the Firearm Licensing and Record of Sale Act of 2000, 
                10 years after such date of enactment; and
                    ``(B) with respect to a qualifying firearm that is 
                acquired by the person on or after the date of 
                enactment of the Firearm Licensing and Record of Sale 
                Act of 2000, 1 year after such date of enactment.''.

SEC. 102. APPLICATION REQUIREMENTS.

    (a) In General.--In order to be issued a firearm license under this 
title, an individual shall submit to the Secretary (in accordance with 
the regulations promulgated under subsection (b)) an application, which 
shall include--
            (1) a current, passport-sized photograph of the applicant 
        that provides a clear, accurate likeness of the applicant;
            (2) the name, address, and date and place of birth of the 
        applicant;
            (3) any other name that the applicant has ever used or by 
        which the applicant has ever been known;
            (4) a clear thumb print of the applicant, which shall be 
        obtained from the applicant when the application is submitted;
            (5) with respect to each category of person prohibited 
        under Federal law from obtaining a firearm, a statement that 
        the individual is not such a person;
            (6) a certification by the applicant that applicant will 
        keep any firearm owned by the applicant safely stored and out 
        of the possession of juveniles;
            (7) a certificate attesting to the completion at the time 
        of application of a written firearms examination, which shall 
        test the knowledge and ability of the applicant regarding--
                    (A) the safe storage of firearms, particularly in 
                the vicinity of juveniles;
                    (B) the safe handling of firearms;
                    (C) the use of firearms in the home and the risks 
                associated with such use;
                    (D) the legal responsibilities of firearms owners, 
                including Federal, State, and local laws relating to 
                requirements for the possession and storage of 
                firearms, and relating to reporting requirements with 
                respect to firearms; and
                    (E) any other subjects, as the Secretary determines 
                to be appropriate;
            (8) the date on which the application was submitted; and
            (9) the signature of the applicant.
    (b) Regulations Governing Submission.--The Secretary shall 
promulgate regulations specifying procedures for the submission of 
applications to the Secretary under this section, which regulations 
shall--
            (1) provide for submission of the application through a 
        licensed dealer or an office or agency of the Federal 
        Government designated by the Secretary;
            (2) require the applicant to provide clear evidence of the 
        identity and age of the applicant to the licensed dealer or to 
        the office or agency of the Federal Government, as applicable, 
        at the time of submission of the application to that dealer, 
        office, or agency; and
            (3) require that a completed application be forwarded to 
        the Secretary not later than 48 hours after the application is 
        submitted to the licensed dealer or office or agency of the 
        Federal Government, as applicable.
    (c) Fees.--
            (1) In general.--The Secretary shall charge and collect 
        from each applicant for a license under this title a fee in an 
        amount determined in accordance with paragraph (2).
            (2) Fee amount.--The amount of the fee collected under this 
        subsection shall be not less than the amount determined by the 
        Secretary to be necessary to ensure that the total amount of 
        all fees collected under this subsection during a fiscal year 
        is sufficient to cover the costs of carrying out this title 
        during that fiscal year, except that such amount shall not 
        exceed $25.

SEC. 103. ISSUANCE OF LICENSE.

    (a) In General.--The Secretary shall issue a firearm license to an 
applicant who has submitted an application that meets the requirements 
of section 102, if the individual is not prohibited by subsection (g) 
or (n) of section 922 of title 18, United States Code, from receiving a 
firearm.
    (b) Effect of Issuance to Prohibited Person.--A firearm license 
issued under this section shall be null and void if issued to a person 
who is prohibited by subsection (g) or (n) of section 922 of title 18, 
United States Code, from receiving a firearm.
    (c) Form of License.--A firearm license issued under this section 
shall be in the form of a tamper-resistant card, and shall include--
            (1) the photograph of the licensed individual submitted 
        with the application;
            (2) the address of the licensed individual;
            (3) the date of birth of the licensed individual;
            (4) a license number, unique to each licensed individual;
            (5) the expiration date of the license, which shall be the 
        date that is 5 years after the initial anniversary of the date 
        of birth of the licensed individual following the date on which 
        the license is issued (or in the case of a license renewal, 
        following the date on which the license is renewed under 
        section 104);
            (6) the signature of the licensed individual provided on 
        the application, or a facsimile thereof; and
            (7) centered at the top of the license, capitalized, and in 
        bold-face type, the following statement:

         ``FIREARM LICENSE--NOT VALID FOR ANY OTHER PURPOSE''.

SEC. 104. RENEWAL OF LICENSE.

    (a) Application for Renewal.--
            (1) In general.--In order to renew a firearm license issued 
        under this title, not later than 30 days before the expiration 
        date of the license, the licensed individual shall submit to 
        the Secretary (in accordance with the regulations promulgated 
        under paragraph (3)), in a form approved by the Secretary, an 
        application for renewal of the license.
            (2) Contents.--An application submitted under paragraph (1) 
        shall include--
                    (A) a current, passport-sized photograph of the 
                applicant that provides a clear, accurate likeness of 
                the applicant;
                    (B) current proof of identity of the licensed 
                individual; and
                    (C) the address of the licensed individual.
            (3) Regulations governing submission.--The Secretary shall 
        promulgate regulations specifying procedures for the submission 
        of applications under this subsection.
    (b) Issuance of Renewed License.--Upon approval of an application 
submitted under subsection (a), the Secretary shall issue a renewed 
license, which shall meet the requirements of section 103(c), except 
that the license shall include the current photograph and address of 
the licensed individual, as provided in the application submitted under 
this section, and the expiration date of the renewed license, as 
provided in section 103(c)(5).

SEC. 105. REVOCATION OF LICENSE.

    (a) In General.--If an individual to whom a license has been issued 
under this title subsequently becomes a person who is prohibited by 
subsection (g) or (n) of section 922 of title 18, United States Code, 
from receiving a firearm--
            (1) the license is revoked; and
            (2) the individual shall promptly return the license to the 
        Secretary.
    (b) Administrative Action.--Upon receipt by the Secretary of notice 
that an individual to whom a license has been issued under this title 
has become a person described in subsection (a), the Secretary shall 
ensure that the individual promptly returns the license to the 
Secretary.

                  TITLE II--RECORD OF SALE OR TRANSFER

SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALIFYING FIREARMS.

    Section 922 of title 18, United States Code, is amended by 
inserting after subsection (z) (as added by section 101 of this Act) 
the following:
    ``(aa) Unauthorized Sale or Transfer of a Qualifying Firearm.--It 
shall be unlawful for any person other than a licensee to sell, 
deliver, or otherwise transfer a qualifying firearm to, or receive a 
qualifying firearm from, any person other than a licensee unless, at 
the time and place of the transfer or receipt--
            ``(1) the transferee presents to a licensed dealer a valid 
        firearm license issued to the transferee--
                    ``(A) under title I of the Firearm Licensing and 
                Record of Sale Act of 2000; or
                    ``(B) pursuant to a State firearm licensing and 
                record of sale system certified under section 602 of 
                the Firearm Licensing and Record of Sale Act of 2000 
                established by the State in which the transfer or 
                receipt occurs;
            ``(2) the licensed dealer contacts the Secretary or the 
        head of the State agency that administers the certified system 
        described in paragraph (1)(B), as applicable, and receives 
        notice that the transferee has been issued a firearm license 
        described in paragraph (1); and
            ``(3) the licensed dealer records on a document (which, in 
        the case of a sale, shall be the sales receipt) a tracking 
        authorization number provided by the Secretary or the head of 
        the State agency, as applicable, as evidence that the licensed 
        dealer has verified the validity of the license.''.

SEC. 202. FIREARM RECORDS.

    (a) Submission of Sale or Transfer Reports.--Not later than 14 days 
after the date on which the transfer of qualifying firearm is processed 
by a licensed dealer under section 922(aa) of title 18, United States 
Code (as added by section 201 of this title), the licensed dealer shall 
submit to the Secretary (or, in the case of a licensed dealer located 
in a State that has a State firearm licensing and record of sale system 
certified under section 602, to the head of the State agency that 
administers that system) a report of that transfer, which shall include 
information relating to--
            (1) the manufacturer of the firearm;
            (2) the model name or number of the firearm;
            (3) the serial number of the firearm;
            (4) the date on which the firearm was received by the 
        transferee;
            (5) the number of a valid firearm license issued to the 
        transferee under title I; and
            (6) the name and address of the individual who transferred 
        the firearm to the transferee.
    (b) Federal Record of Sale System.--Not later than 9 months after 
the date of enactment of this Act, the Secretary shall establish and 
maintain a Federal record of sale system, which shall include the 
information included in each report submitted to the Secretary under 
subsection (a).
    (c) Elimination of Prohibition on Establishment of System of 
Registration.--Section 926(a) of title 18, United States Code, is 
amended by striking the second sentence.

                   TITLE III--ADDITIONAL PROHIBITIONS

SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIREMENT.

    Section 922 of title 18, United States Code, is amended by 
inserting after subsection (aa) (as added by section 201 of this Act) 
the following:
    ``(bb) Universal Background Check Requirement.--It shall be 
unlawful for any person other than a licensee to sell, deliver, or 
otherwise transfer a firearm to any person other than a licensee, 
unless that transfer is processed through a licensed dealer in 
accordance with subsection (t).''.

SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION OF RECORDS.

    Section 922 of title 18, United States Code, is amended by 
inserting after subsection (bb) (as added by section 301 of this title) 
the following:
    ``(cc) Failure To Maintain or Permit Inspection of Records.--It 
shall be unlawful for a licensed manufacturer or a licensed dealer to 
fail to maintain such records, or to supply such information (including 
firearm transfer information that a licensed dealer has agreed to 
provide), as the Secretary may require in order to ascertain compliance 
with the Firearm Licensing and Record of Sale Act of 2000 and the 
regulations and orders issued under that Act.''.

SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIREARM.

    Section 922 of title 18, United States Code, is amended by 
inserting after subsection (cc) (as added by section 302 of this title) 
the following:
    ``(dd) Failure To Report Loss or Theft of Firearm.--It shall be 
unlawful for any person who owns a qualifying firearm to fail to report 
the loss or theft of the firearm to the Secretary within 72 hours after 
the loss or theft is discovered.''.

SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF ADDRESS.

    Section 922 of title 18, United States Code, is amended by 
inserting after subsection (dd) (as added by section 303 of this title) 
the following:
    ``(ee) Failure To Provide Notice of Change of Address.--It shall be 
unlawful for any individual to whom a firearm license has been issued 
under title I of the Firearm Licensing and Record of Sale Act of 2000 
to fail to report to the Secretary a change in the address of that 
individual within 60 days of that change of address.''.

SEC. 305. CHILD ACCESS PREVENTION.

    Section 922 of title 18, United States Code, is amended by 
inserting after subsection (ee) (as added by section 304 of this title) 
the following:
    ``(ff) Child Access Prevention.--
            ``(1) Definition of child.--In this subsection, the term 
        `child' means an individual who has not attained the age of 18 
        years.
            ``(2) Prohibition and penalties.--Except as provided in 
        paragraph (3), it shall be unlawful for any person to keep a 
        loaded firearm, or an unloaded firearm and ammunition for the 
        firearm, any 1 of which has been shipped or transported in 
        interstate or foreign commerce, within any premises that is 
        under the custody or control of that person, if--
                    ``(A) that person--
                            ``(i) knows, or recklessly disregards the 
                        risk, that a child is capable of gaining access 
                        to the firearm; and
                            ``(ii) either--
                                    ``(I) knows, or recklessly 
                                disregards the risk, that a child will 
                                use the firearm to cause the death of, 
                                or serious bodily injury (as defined in 
                                section 1365 of this title) to, the 
                                child or any other person; or
                                    ``(II) knows, or reasonably should 
                                know, that possession of the firearm by 
                                a child is unlawful under Federal or 
                                State law; and
                    ``(B) a child uses the firearm and thereby causes 
                the death of, or serious bodily injury to, the child or 
                any other person.
            ``(3) Exceptions.--Paragraph (2) does not apply if--
                    ``(A) at the time the child obtained access, the 
                firearm was secured with a secure gun storage or safety 
                device;
                    ``(B) the person is a peace officer, a member of 
                the Armed Forces, or a member of the National Guard, 
                and the child obtains the firearm during, or incidental 
                to, the performance of the official duties of the 
                person in that capacity;
                    ``(C) the child uses the firearm in a lawful act of 
                self-defense or defense of 1 or more other persons; or
                    ``(D) the person has no reasonable expectation, 
                based on objective facts and circumstances, that a 
                child is likely to be present on the premises on which 
                the firearm is kept.''.

                         TITLE IV--ENFORCEMENT

SEC. 401. CRIMINAL PENALTIES.

    (a) Failure To Obtain Firearm License; Failure To Comply With 
Qualifying Firearm Sale or Transfer Requirements; Failure To Maintain 
or Permit Inspection of Records.--Section 924(a) of title 18, United 
States Code, is amended by adding at the end the following:
    ``(7) Whoever knowingly violates subsection (z), (aa), or (cc) of 
section 922 shall be fined under this title, imprisoned not more than 2 
years, or both.''.
    (b) Failure To Comply With Universal Background Checks; Failure To 
Timely Report Loss or Theft of a Qualifying Firearm; Failure To Provide 
Notice of Change of Address.--Section 924(a)(5) of title 18, United 
States Code, is amended by striking ``(s) or (t)'' and inserting ``(s), 
(t), (bb), (dd), or (ee)''.
    (c) Child Access Prevention.--Section 924(a) of title 18, United 
States Code, is amended by adding at the end the following:
    ``(8) Whoever violates section 922(ff) shall be fined under this 
title, imprisoned not more than 3 years, or both.''.

SEC. 402. REGULATIONS.

    (a) In General.--The Secretary shall issue such regulations 
governing the licensing of possessors of qualifying firearms and the 
recorded sale of qualifying firearms, consistent with this Act and the 
amendments made by this Act, as the Secretary determines to be 
reasonably necessary to reduce or prevent deaths or injuries resulting 
from qualifying firearms, and to assist law enforcement in the 
apprehension of owners or users of qualifying firearms used in criminal 
activity.
    (b) Maximum Interval Between Issuance of Proposed and Final 
Regulation.--Not later than 120 days after the date on which the 
Secretary issues a proposed regulation under subsection (a) with 
respect to a matter, the Secretary shall issue a final regulation with 
respect to the matter.

SEC. 403. INSPECTIONS.

    In order to ascertain compliance with this Act, the amendments made 
by this Act, and the regulations and orders issued under this Act, the 
Secretary may, during regular business hours, enter any place in which 
firearms or firearm products are manufactured, stored, or held, for 
distribution in commerce, and inspect those areas where the products 
are so manufactured, stored, or held.

SEC. 404. ORDERS.

    The Secretary may issue an order prohibiting the sale or transfer 
of any firearm that the Secretary finds has been transferred or 
distributed in violation of this Act, an amendment made by this Act, or 
a regulation issued under this Act.

SEC. 405. INJUNCTIVE ENFORCEMENT.

    Upon the request of the Secretary, the Attorney General may bring 
an action to restrain any violation of this Act or an amendment made by 
this Act in the district court of the United States for any district in 
which the violation has occurred, or in which the defendant is found or 
transacts business.

            TITLE V--FIREARM INJURY INFORMATION AND RESEARCH

SEC. 501. DUTIES OF THE SECRETARY.

    (a) In General.--The Secretary shall--
            (1) establish and maintain a firearm injury information 
        clearinghouse to collect, investigate, analyze, and disseminate 
        data and information relating to the causes and prevention of 
        death and injury associated with firearms;
            (2) conduct continuing studies and investigations of 
        firearm-related deaths and injuries; and
            (3) collect and maintain current production and sales 
        figures for each licensed manufacturer.
    (b) Availability of Information.--Periodically, but not less 
frequently than annually, the Secretary shall make available to the 
public a report on the activities of the Secretary under subsection 
(a).

                     TITLE VI--EFFECT ON STATE LAW

SEC. 601. EFFECT ON STATE LAW.

    (a) In General.--This Act and the amendments made by this Act may 
not be construed to preempt any provision of the law of any State or 
political subdivision thereof, or prevent a State or political 
subdivision thereof from enacting any provision of law regulating or 
prohibiting conduct with respect to firearms, except to the extent that 
the provision of law is inconsistent with any provision of this Act or 
an amendment made by this Act, and then only to the extent of the 
inconsistency.
    (b) Rule of Interpretation.--A provision of State law is not 
inconsistent with this Act or an amendment made by this Act if the 
provision imposes a regulation or prohibition of greater scope or a 
penalty of greater severity than a corresponding prohibition or penalty 
imposed by this Act or an amendment made by this Act.

SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING AND RECORD OF SALE 
              SYSTEMS.

    Upon a written request of the chief executive officer of a State, 
the Secretary may certify a State firearm licensing and record of sale 
system established by that State, if State law--
            (1) requires the system to satisfy the requirements 
        applicable to the Federal firearm licensing system established 
        under title I and the Federal firearm record of sale system 
        established under section 202(b), in cooperation with State and 
        local law enforcement agencies and other appropriate State and 
        local agencies; and
            (2) requires the head of the State agency that administers 
        the system to submit to the Federal firearm record of sale 
        system established under section 202(b) a copy of each report 
        submitted to the head of that agency under section 202(a).

                  TITLE VII--RELATIONSHIP TO OTHER LAW

SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.

    In the event of any conflict between any provision of this Act or 
an amendment made by this Act, and any provision of the Arms Export 
Control Act (22 U.S.C. 2751), the provision of the Arms Export Control 
Act shall control.

                      TITLE VIII--INAPPLICABILITY

SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.

    This Act and the amendments made by this Act do not apply to any 
department or agency of the United States, of a State, or of a 
political subdivision of a State, or to any official conduct of any 
officer or employee of such a department or agency.

                        TITLE IX--EFFECTIVE DATE

SEC. 901. EFFECTIVE DATE OF AMENDMENTS.

    The amendments made by this Act shall take effect 1 year after the 
date of enactment of this Act.
                                 <all>