[Congressional Record Volume 144, Number 47 (Friday, April 24, 1998)]
[Senate]
[Pages S3587-S3588]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG:
  S. 1984. 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; to the Committee on the Judiciary.


            brady handgun violence protection act amendments

  Mr. LAUTENBERG. Mr. President, I rise today to introduce a bill to 
add a provision to the Brady Handgun Background Check Form to enforce 
the prohibition that persons under a restraining order for harassing, 
stalking or threatening an intimate partner or child cannot purchase a 
gun.
  The Background Check Form, used by law enforcement and gun dealers to 
enforce the Brady Handgun Violence Protection Act, currently requires a 
purchaser to answer questions on whether he or she falls into one of 
the categories prohibited from purchasing a gun. The form asks whether 
the purchaser has been convicted of a felony, has been declared 
mentally defective or been committed to a mental institution, is an 
illegal alien, fugitive from justice or an illegal user of drugs--all 
of which would disqualify the person from lawfully purchasing a gun. 
However, there is one very important disqualification not listed on 
this form. The 1994 Crime Act prohibits a person under a restraining 
order for harassing, stalking or threatening an intimate partner or the 
child of that partner from purchasing a gun. But this disqualification 
is not on the Brady Background Check Form--in fact it is the only 
disqualification not on the Form.
  Dealers, law enforcement agencies, and purchasers rely on the form to 
provide notice as to who is prohibited from purchasing a handgun, and 
law enforcement agencies use the form as a guide in making background 
checks. This omission on the Brady Form means persons under restraining 
orders for harassing, stalking and threatening their partners and their 
partner's children can more easily obtain a gun even though it is 
illegal for them to do so. My legislation is necessary because all 
changes to the form are required to be done by legislation rather than 
by regulation or order.
  This simple change to the Brady Check List can mean the difference 
between life and death for women and children across America. Domestic 
violence in the United States remains the number one threat of injury 
to women ages 15 to 44, and hundreds of thousands of women are forced 
to obtain restraining orders to protect themselves and their children 
from abusive partners every year. More than twice as many women are 
shot and killed each year by their husbands or intimate partners than 
by strangers.
  Mr. President, Congress has already recognized that persons who are 
under restraining orders for harassing, stalking, and threatening their 
spouses, partners, and children should not be able to buy a gun. This 
simple bill will help to enforce this important prohibition to keep 
guns out of the hands of those who pose a real and serious threat to 
their partners and children. Every year we see tragic incidents of 
victims of domestic violence who have obtained restraining orders only 
to be murdered by their partner.
  I hope you will join me and support this worthy bill to protect 
victims of domestic violence from the dangers that follow when their 
abusive partner gains access to a gun.
  I ask unanimous consent that a copy of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1984

       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

[[Page S3588]]

     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;''.
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