[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 124 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 124

  To provide for the mandatory licensing and registration of handguns.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2003

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

_______________________________________________________________________

                                 A BILL


 
  To provide for the mandatory licensing and registration of 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 ``Handgun Licensing and Registration 
Act of 2003''.

SEC. 2. FEDERAL HANDGUN LICENSING AND REGISTRATION SYSTEM TO APPLY IN 
              ANY STATE THAT DOES NOT HAVE A HANDGUN LICENSING AND 
              REGISTRATION SYSTEM THAT MEETS CERTAIN REQUIREMENTS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 931. Licensing and registration of handguns
    ``(a)(1) The Attorney General shall establish a Federal system for 
the licensing and registration of all handguns owned, possessed, or 
controlled in the United States, which shall include a method for 
easily retrieving information sufficient to identify--
            ``(A) each resident of a State to which this subsection 
        applies who owns, possesses, or controls a handgun; and
            ``(B) the handgun.
    ``(2) It shall be unlawful for a person to own, possess, or control 
a handgun in a State to which this subsection applies unless the 
person--
            ``(A) is licensed to do so by the system established 
        pursuant to paragraph (1); and
            ``(B) has registered the handgun with a Federal, State, or 
        local law enforcement agency.
    ``(b) Subsection (a) shall not apply in a State if there is in 
effect a certification by the Attorney General that the State has in 
effect a system for the licensing and registration of handguns owned, 
possessed, or controlled in the State that--
            ``(1) includes a method for easily retrieving information 
        sufficient to identify--
                    ``(A) each resident of the State who owns, 
                possesses, or controls a handgun in the State; and
                    ``(B) the handgun; and
            ``(2) at a minimum, imposes criminal penalties on any 
        person who owns, possesses, or controls a handgun in the State, 
        and who--
                    ``(i) has not completed training in firearms 
                safety;
                    ``(ii) is not licensed by the State to possess a 
                handgun; or
                    ``(iii) has not registered the handgun with a 
                Federal, State, or local law enforcement agency.
    ``(c) A certification under subsection (b) with respect to a State 
shall have no force or effect on or after the date the Attorney General 
finds, after an opportunity for a hearing on the record, that the State 
does not have in effect the system described in subsection (b).
    ``(d) The Attorney General shall prescribe such regulations as may 
be necessary to carry out this section.''.
    (b) Penalties.--Section 924(a) of such title is amended by adding 
at the end the following:
    ``(7) Whoever knowingly violates section 931(a)(2) shall be fined 
under this title, imprisoned not less than 15 years, or both. The court 
shall not suspend a sentence of imprisonment imposed under this 
paragraph or impose a probationary sentence under this paragraph.''.
    (c) Clerical Amendment.--The table of sections for such chapter is 
amended by adding at the end the following:

``931. Licensing and registration of handguns.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to conduct engaged in after the 2-year period that begins with 
the date of the enactment of this Act.
                                 <all>