[Federal Register Volume 59, Number 140 (Friday, July 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17819]


[[Page Unknown]]

[Federal Register: July 22, 1994]


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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
[Notice No. 795]
RIN 1512-AB23

 

States Subject to the Waiting Period Provision Imposed by the 
Brady Handgun Violence Prevention Act; States Having Alternative 
Systems to the Waiting Period Provision; Listing of Chief Law 
Enforcement Officers for Purposes of the Brady Handgun Violence 
Prevention Act (93F-057P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Notice of States subject to the waiting period provision of the 
Brady Handgun Violence Prevention Act and States having alternative 
systems, and a list of chief law enforcement officers for purposes of 
the Brady Handgun Violence Prevention Act.

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SUMMARY: Beginning on February 28, 1994, the Brady Handgun Violence 
Prevention Act imposes a 5-day waiting period on the sale, delivery, or 
transfer of a handgun in States that do not require a background check. 
ATF is issuing this notice to inform Federal firearms licensees of the 
States that do not currently require a background check, as well as 
those States requiring a background check for handgun purchasers. In 
addition, ATF has compiled a list of chief law enforcement officers for 
purposes of the Brady Handgun Violence Prevention Act.

FOR FURTHER INFORMATION CONTACT: James P. Ficaretta, Revenue Programs 
Division, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts 
Avenue, NW., Washington, DC 20226 (202-927-8230).

SUPPLEMENTARY INFORMATION:

Background

    On November 30, 1993, Public Law 103-159 (107 Stat. 1536) was 
enacted, amending the Gun Control Act of 1968 (GCA), as amended (18 
U.S.C. Chapter 44). Title I of Pub. L. 103-159, cited as the ``Brady 
Handgun Violence Prevention Act'' (hereafter ``the Act'') provides, in 
part, for a national waiting period of 5 days before a licensed 
importer, manufacturer, or dealer may lawfully transfer a handgun to a 
nonlicensed individual.
    The Act provides that the waiting period provisions of the law are 
effective on February 28, 1994, and cease to apply on November 30, 
1998. The statute also provides alternatives to the waiting period 
provisions.
    On February 14, 1994, ATF issued temporary regulations implementing 
the provisions of Public Law 103-159 (T.D. ATF-354, 59 FR 7110).
    During February, letters were sent to all Federal firearms 
licensees advising them as to whether their sales or other dispositions 
were subject to the Federal 5-day waiting period or their State 
background check system. In addition, licensees in States which are 
subject to the Federal 5-day waiting period were advised of the 
designated chief law enforcement officers in their State.
    ATF has completed a study of relevant State laws to determine which 
States are subject to the federal waiting period provisions and which 
qualify as ``alternative'' States. Information regarding each category 
is set out below:

States Subject to the Federal Five Day Waiting Period and Their 
Respective Chief Law Enforcement Officers for Brady Purposes

Alabama

    The County Sheriff.

Alaska

    The Chief of Police in areas having a police department.
    The Alaska State Troopers in areas without a Chief of Police.

Arizona

    The Chief of Police in incorporated areas and the County Sheriff in 
unincorporated areas. In Maricopa County, the Chief of Police, Phoenix 
Police Department for both the City of Phoenix and all other 
municipalities in the metropolitan Phoenix area. The County Sheriff for 
the unincorporated areas of Maricopa County.

Arkansas

    The Arkansas State Police.

Georgia

    The Federal 5-day waiting period does not apply to transfers of 
handguns to persons holding a valid Georgia license to carry any pistol 
or revolver issued by the State within 5 years of the proposed 
purchase.
    In all other instances, the County Sheriff, except in the following 
Counties:

Bacon County--Chief, Alma Police Department
Dekalb County--Chief, Dekalb County Police Department
Elbert County--Chief, Elberton Police Department
Evans County--Chief, Claxton Police Department
Irwin County--Chief, Ocilla Police Department
Jefferson County--Chief, Wrens Police Department
Wilkinson County--Chief, Gordon Police Department

Kansas

    The County Sheriff.
    The Chief of Police for the incorporated cities and towns in 
Johnson County.

Kentucky

    The Kentucky State Police.

Louisiana

    The Sheriff.
    The Superintendent of Police for New Orleans in Orleans Parish.

Maine

    The Chief of Police in areas having a municipal police department 
and the State Police in all other areas.

Mariana Islands

    The Department of Public Safety, Bureau of Motor Vehicles, Criminal 
Record and Firearm ID, Civic Center Susupe, Saipan, MP 96950, Attn. 
Chief Anthony G. Adriano; telephone number 011-670-234-6921.

Minnesota

    The Municipal Police Chief.
    The County Sheriff where there is no local police agency.

Mississippi

    The Federal 5-day waiting period does not apply to transfers of 
handguns to persons holding a valid license to carry concealed pistol 
or revolver issued by the State within 5 years of the proposed 
purchase.
    In all other instances, the Chief of Police in incorporated areas 
and the County Sheriff in unincorporated areas.

Montana

    The Chief of Police in incorporated areas and the County Sheriff in 
unincorporated areas.

Nevada

    The Department of Motor Vehicles and Public Safety, Nevada Highway 
Patrol, Records and Identification Services, 555 Wright Way, Carson 
City, Nevada 89711; telephone number 1-800-474-7865. The local 
telephone number 702-687-6200.

New Hampshire

    The Chief of Police or the County Sheriff in areas not covered by a 
Chief of Police.

New Mexico

    The Chief of Police in incorporated areas and the County Sheriff in 
unincorporated areas.

North Carolina

    The County Sheriff.

North Dakota

    The Federal 5-day waiting period does not apply to transfers of 
handguns to persons holding a valid permit to carry concealed handgun 
issued by the State within 5 years of the proposed purchase.
    In all other instances, the County Sheriff.

Ohio

    The Attorney General, whose designated representative is the 
Superintendent of the Bureau of Criminal Identification and 
Investigation.

Oklahoma

    The Chief of Police in incorporated cities and towns.
    The County Sheriff in incorporated cities and towns having no 
police authority of their own.
    The County Sheriff in unincorporated areas.

Pennsylvania

    The Federal 5-day waiting period does not apply to transfers of 
handguns to persons holding a valid permit/ license to carry a handgun 
issued by the State within 5 years of the proposed purchase.
    In all other instances, the County Sheriff. The Commissioner of the 
Philadelphia Police Department in Philadelphia County.

Puerto Rico

    The Police Superintendent, c/o Jose Marrero, Firearms Bureau Chief, 
GPO Box 70166, San Juan, Puerto Rico 00936.

Rhode Island

    The Chief of Police.

South Carolina

    The South Carolina Law Enforcement Division (SLED); telephone 
number 803-737-9000.

South Dakota

    The Federal 5-day waiting period does not apply to transfers of 
handguns to persons holding a valid permit to carry concealed handgun 
issued by the State within 5 years of the proposed purchase.
    In all other instances, the County Sheriff.

Texas

    The Chief of Police in incorporated cities and towns and the County 
Sheriff in unincorporated areas.

Vermont

    In the counties of Caledonia, Chittenden, Essex, Franklin, Grand 
Isle, Orleans, and Windham--the County Sheriff.
    In Addison County, Troop C of the State Police, except that in the 
towns of Bristol, Middlebury, and Vergennes--the Chief of Police.
    In Lamoille County, the Sheriff, except that in the town of 
Morristown--the Chief of Police.
    In Orange County, the State Police.
    In Remington County, the State Police, except that in the towns of 
Bennington, Manchester, and Winhall--the Chief of Police.
    In Rutland County, the State Police, except that in the towns of 
Brandon and Rutland--the Chief of Police.
    In Washington County--the County Sheriff, except that in the town 
of Montpelier--the Chief of Police.
    In Windsor County--the State Police, except that in the towns of 
Hartford and Springfield--the Chief of Police.

Washington

    The Chief of Police in incorporated areas and the County Sheriff in 
unincorporated areas.

West Virginia

    The West Virginia State Police.

Wyoming

Albany County--County Records and Communications
Big Horn County--County Sheriff
Campbell County--County Sheriff (except the city of Gillette)
Gillette--Chief of Police
Carbon County--County Sheriff (except the cities of Encampment, 
Saratoga, and Rawlins)
Encampment--Chief of Police
Saratoga--Chief of Police
Rawlins--Chief of Police
Converse County--Chief of Police of Douglas (except the city of 
Glenrock)
Glenrock--Chief of Police
Crook County--County Sheriff
Fremont County--County Sheriff (except the city of Riverton)
Riverton--Chief of Police
Goshen County--Chief of Police of Torrington
Hot Springs County--County Sheriff
Johnson County--County Sheriff
Laramie County--County Sheriff (except the city of Cheyenne)
Cheyenne--Chief of Police
Lincoln County--County Sheriff
Natrona County--Chief of Police of Casper
Nicbrara County--County Sheriff
Park County--Cody Law Enforcement Center (except the city of Powell)
Powell--Chief of Police
Platte County--County Sheriff
Sheridan County--Chief of Police
Sublette County--County Sheriff
Sweetwater County--County Sheriff (except the cities of Green River and 
Rock Springs)
Green River--Chief of Police
Rock Springs--Chief of Police
Teton County--County Sheriff
Uinta County--County Sheriff
Washakie County--Chief of Police of Worland
Weston County--Chief of Police of Newcastle
Yellowstone National Park--Law Enforcement Office

Military Installations and Indian Reservations in States Subject to the 
Federal Five Day Waiting Period

    On military installations, the Provost Marshal or an equivalent 
official on the military installation.
    On Indian reservations, the law enforcement agency having 
jurisdiction to enforce the law on the Indian reservation.

Alternatives to the Waiting Period

    ATF has completed a study of all States to determine which States 
currently have laws that qualify as alternatives to the 5-day waiting 
period requirements.
    A list of States having such alternative systems appears below.

States Not Subject to the Federal Five Day Waiting Period

California--Permit or other approval type system
Colorado--``Instant check''
Connecticut--Permit or other approval type system
Delaware--``Instant check''
Florida--``Instant check''
Guam--Permit or other approval type system
Hawaii--Permit or other approval type system
Idaho--``Instant check''
Illinois--Permit and ``instant check''
Indiana--Permit or other approval type system
Iowa--Permit or other approval type system
Maryland--Permit or other approval type system
Massachusetts--Permit or other approval type system
Michigan--Permit or other approval type system
Missouri--Permit or other approval type system
Nebraska--Permit or other approval type system
New Jersey--Permit or other approval type system
New York--Permit or other approval type system
Oregon--Permit or other approval type system
Tennessee--Permit or other approval type system
Utah--``Instant check''
Virginia--``Instant check''
Virgin Islands--Permit or other approval type system
Wisconsin--``Instant check''

Availability of Information

    The list of States subject to the Federal 5-day waiting period, the 
list of chief law enforcement officers for such States, and the list of 
States not subject to the Federal 5-day waiting period, are based on 
available information. These lists are subject to change because of 
possible amendments to State laws and changes in the designations of 
chief law enforcement officers which may occur either before or after 
publication of this notice. Therefore, ATF recommends that Federal 
firearms licensees, and other interested persons, maintain contact with 
the appropriate State and local officials for updated information on 
these matters. Federal firearms licensees are reminded that if they are 
notified by a chief law enforcement officer described herein or by ATF 
that another law enforcement agency is serving as the Brady chief law 
enforcement officer, they must act in accordance with the actual notice 
received as opposed to the information contained in this general 
notice.

Drafting Information

    The author of this document is James P. Ficaretta, Revenue Programs 
Division, Bureau of Alcohol, Tobacco and Firearms.

Authority and Issuance

    This notice is issued under the authority in 27 U.S.C. 922.

    Signed: May 13, 1994.
John W. Magaw,
Director.
[FR Doc. 94-17819 Filed 7-21-94; 8:45 am]
BILLING CODE 4810-31-U