[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 225 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 225
To prevent handgun violence and illegal commerce in handguns.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2001
Mr. Wexler (for himself, Mr. Nadler, and Mr. Moran of Virginia)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To prevent handgun violence and illegal commerce in handguns.
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 ``Anti-Gunrunning Act of 2001''.
SEC. 2. PREVENTING GUN TRAFFICKING BY RESTRICTING HANDGUN TRANSFERS TO
ONE PER MONTH.
(a) In General.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(z)(1) The Congress finds and declares that--
``(A) crime, particularly crime involving drugs and guns,
is a pervasive, nationwide problem;
``(B) crime at the local level is exacerbated by the
interstate movement of drugs, guns, and criminal gangs;
``(C) firearms and ammunition move easily in interstate
commerce;
``(D) the illegal movement of firearms, and handguns in
particular, across state lines is a widespread and pervasive
national problem;
``(E) handguns (even when lawfully purchased) are
unlawfully transported across state lines by gun traffickers
and are illegally sold to prohibited persons;
``(F) in fact, even before a firearm is illegally sold by a
trafficker, the gun, its component parts, ammunition, and the
raw materials from which it is made have moved in interstate
commerce;
``(G) law-abiding persons may fear to travel interstate or
to or through certain parts of the country due to concern about
violent crime and gun violence;
``(H) the illegal movement of handguns across state lines
substantially affects the national market for firearms, because
handguns sold in one State in which there are few restrictions
provide a convenient source for the acquisition of handguns by
gun traffickers who transport the handguns to jurisdictions
with stronger restrictions;
``(I) the unlawful sale of firearms by traffickers provides
a method by which firearms can be bought and sold anonymously,
without background checks and without record-keeping
requirements to enable gun tracing;
``(J) handguns sold by traffickers are often obtained by
criminals and other prohibited persons who frequently use guns
that cannot be traced to commit crimes;
``(K) handgun violence is a pervasive, national problem
that is exacerbated by the availability of handguns through gun
traffickers;
``(L) firearms from traffickers have been involved in
subsequent crimes including drug offenses, crimes of violence,
property crimes, and illegal possession by felons and other
prohibited persons;
``(M) because gun trafficking is often an interstate
activity, individual States and localities are often severely
hampered in combating illegal handgun purchases--even States
and localities that have made strong efforts to prevent,
detect, and punish gun-related crime and illegal trafficking of
firearms--as a result of the failure or inability of other
States or localities to take strong measures; and
``(N) the Congress has the power, under the interstate
commerce clause and other provisions of the Constitution, to
ensure, by enactment of this section, that criminals and other
prohibited persons do not obtain firearms through gun
traffickers.
``(2) It shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer--
``(A) during any 30-day period, to sell, deliver or
transfer 2 or more handguns to any single person (other than a
licensed importer, licensed manufacturer, or licensed dealer),
or
``(B) to sell, deliver or transfer a handgun to any single
person (other than a licensed importer, licensed manufacturer,
or licensed dealer), knowing or having reasonable cause to
believe that the transferee has already received one or more
handguns within the previous 30 days.
``(3)(A) It shall be unlawful for any person (other than a licensed
importer, licensed manufacturer, or licensed dealer) to receive more
than one handgun within any 30-day period.
``(B) Under such rules and regulations as the Secretary shall
prescribe, subparagraph (A) shall not apply to the loan or rental of a
single handgun solely for purposes of target shooting, provided that
the recipient possesses no more than one such loaned or rented handgun
at any one time.
``(4) Under such rules and regulations as the Secretary shall
prescribe, paragraphs (2) and (3) shall not apply to--
``(A) handguns transferred to or received by qualified
private security companies licensed to do business within the
State where the transfer occurs for use by the company in its
security operations, provided that any handgun transferred
under this subsection is transferred through a licensed dealer
located in the State where the security company is licensed to
do business;
``(B) the disposition made of a handgun delivered to a
person licensed under section 923 for the sole purpose of
repair or customizing when such handgun or a replacement
handgun of the same kind and type is returned to the person
from whom it was received;
``(C) the loan or rental of a single handgun from a person
licensed under section 923, provided that the recipient
possesses no more than one such loaned or rented handgun at any
one time;
``(D) the redemption of pawned handguns from a person
licensed under section 923 by the person from whom the handguns
were received;
``(E) the receipt of curio or relic handguns by a licensed
collector;
``(F) the receipt of a single handgun from a person
licensed under section 923 to replace a lost or stolen handgun
of the same kind or type, where the transferee has submitted to
the licensee a copy of an official police report establishing
the loss or theft of a handgun or handguns;
``(G) the transfer of handguns by bequest;
``(H) the transfer of handguns to the transferor's spouse,
child, parent, stepparent, grandparent, grandchild, brother, or
sister; or
``(I) the transfer of all or part of a personal firearms
collection (as that term is defined in regulations to be
prescribed by the Secretary) that includes handguns, provided
that the handguns in the collection are transferred through a
licensed importer, manufacturer, or dealer located in the State
where the transferee resides.''.
(b) Penalties.--Section 924(a)(2) of such title is amended by
striking ``or (o)'' and inserting ``(o), or (z)''.
(c) Increased Penalties for Licensees Who Knowingly Make False
Statements in Required Records.--
(1) Section 924(a)(3) of such title is amended--
(A) by striking ``(A)'';
(B) by striking ``or'' after ``chapter'';
(C) by striking subsection (B); and
(D) by striking ``one year'' and inserting ``5
years''.
(2) Section 924(a) of such title is amended by adding at
the end the following:
``(7) Any licensed dealer, licensed importer, licensed
manufacturer, or licensed collector who knowingly violates section
922(m) shall be fined under this title, imprisoned not more than 1
year, or both.''.
(d) Conforming Changes to the Brady Law.--Section 922(t) of such
title is amended--
(1) in paragraph (1)(B)(ii), by striking ``(g) or (n)'' and
inserting ``(g), (n), or (z)'';
(2) in paragraph (2), by striking ``(g) or (n)'' and
inserting ``(g), (n), or (z)'';
(3) in paragraph (3), by striking subparagraph (A) and
redesignating subparagraphs (B) and (C) as subparagraphs (A)
and (B), respectively;
(4) in paragraph (4), by striking ``(g) or (n)'' and
inserting ``(g), (n), or (z)''; and
(5) by adding at the end the following:
``(10) A licensee must, within three days of receiving a request
from the prospective transferee, notify the national instant criminal
background check system of any background check conducted pursuant to
this section within the previous 30 days that did not result in the
transfer of a handgun.
``(11) Information that is retained pursuant to Public Law 103-159
may be used to effectuate section 922(z) of this title.''.
(e) Effective Date.--The Secretary of the Treasury, in consultation
with the Attorney General, shall determine, and publish in the Federal
Register, the date on which this section shall become effective.
(f) Deadlines for Destruction of Records Related to Certain
Firearms Transfers.--
(1) Handgun transfers subject to the waiting period.--
Section 922(s)(6)(B)(i) of such title is amended by striking
``20 business days'' and inserting ``35 calendar days''.
(2) Firearms transfers subject to instant check.--Section
922(t)(2)(C) of such title is amended by inserting ``within 35
calendar days after the date the system provides the licensee
with the number,''.
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