Brady Handgun Violence Prevention Act - Makes it unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) after the most recent proposal of such transfer by the individual, the transferor has received a statement of eligibility from the individual, has notified the chief law enforcement officer for such individual's place of residence about the proposed transfer, and either has received a response indicating that such transfer is not prohibited by law or has not received a response indicating otherwise within seven days; (2) the individual has presented to the transferor a statement from the officer, issued in the past ten days, that the individual requires a handgun because of a threat to him or his family; (3) the individual has presented to the transferor a permit to possess a handgun that has been issued in the past five years by the State in which the transfer is to take place under a State law which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law either requires a waiting period of at least seven days or requires that an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the purchaser would be unlawful; or (5) the transferor has received a report from any system of felon identification established by the Attorney General under the Anti-Drug Abuse Act of 1988 that the individual's possession or receipt of the handgun would not violate Federal, State, or local law.
Requires the statement of eligibility to include a statement that the individual: (1) is not under indictment for and has not been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) is not a fugitive; (3) is not an unlawful user of, or addicted to, a controlled substance; (4) has not been adjudicated as a mental defective or committed to a mental institution; (5) is not an alien who is illegally in the United States; (6) has not been dishonorably discharged from the armed forces; and (7) is not a person who has renounced U.S. citizenship.
Requires any transferor who, after a transfer, receives a report from such officer that receipt or possession of the handgun by the individual violates the law, to: (1) furnish information about the transfer and the individual to the chief law enforcement officer of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions.
Requires a transferor to retain a copy of the individual's statement and retain evidence of compliance with the requirement under this Act with respect to the furnishing of a copy of the statement to the chief law enforcement officer of the place of residence of the individual within one day after furnishing such statement. Requires the law enforcement officer to destroy any copy of the individual's sworn statement and any record containing information derived from such statement within 30 days, unless such officer determines that the transaction would violate Federal, State, or local law.
Union Calendar No. 28 102d CONGRESS 1st Session H. R. 7 [Report No. 102-47] A BILL To amend title 18, United States Code, to require a waiting period before the purchase of a handgun. May 2, 1991 Reported with an amendment, committed to the Committee of the Whole House, on the State of the Union, and ordered to be printed HR 7 RH Union Calendar No. 28 102d CONGRESS 1st Session H. R. 7 [Report No. 102-47] To amend title 18, United States Code, to require a waiting period before the purchase of a handgun. IN THE HOUSE OF REPRESENTATIVES January 3, 1991 Mr. FEIGHAN (for himself, Mr. HUGHES, Mr. MAZZOLI, Mr. SCHUMER, Mr. SOLARZ, Mr. GREEN of New York, Mr. ANNUNZIO, Mr. TOWNS, Mr. BERMAN, Mr. LEVINE of California, Mr. WYLIE, Mr. EDWARDS of California, Mr. MCHUGH, Mr. SMITH of Florida, Mr. WOLPE, Mr. MOODY, Mr. SHAYS, Mr. MILLER of Washington, Mr. BENNETT, Mr. STARK, Mr. DELLUMS, Mr. SABO, Mr. MARKEY, Mr. LEHMAN of Florida, Mr. CARDIN, Mr. HOYER, Mr. GONZALEZ, Mr. ROYBAL, Ms. PELOSI, Mrs. ROUKEMA, Mr. MRAZEK, Mr. SCHEUER, Mr. OWENS of New York, Mr. WEISS, Mr. SERRANO, Mr. TORRICELLI, Mr. CONYERS, Mr. JONES of Georgia, Mr. BORSKI, Mr. PAYNE of New Jersey, Mr. MANTON, Mr. ENGEL, Ms. KAPTUR, Ms. OAKAR, Mr. SAWYER, Mr. LANTOS, Mr. FASCELL, Mr. SYNAR, Mr. EVANS of Illinois, Mr. BOEHLERT, Mr. BEILENSON, Mr. HOCHBRUECKNER, Mr. FUSTER, Mr. MATSUI, Mr. JOHNSTON of Florida, Mr. LEWIS of Georgia, Mr. ATKINS, Mr. DE LUGO, Mr. DICKS, Mr. WASHINGTON, Mrs. BOXER, Mr. DWYER of New Jersey, Mr. ROE, Mr. JACOBS, Mr. DONNELLY, Mr. STUDDS, Mr. HYDE, Mr. KENNEDY, Mr. VENTO, Mr. HALL of Ohio, Mr. LENT, Mr. MCDERMOTT, Mr. STOKES, Mr. GOSS, Mr. SENSENBRENNER, Mr. GLICKMAN, Mr. MORAN, Mr. YATES, Mr. PORTER, Mr. BROWN of California, Ms. SLAUGHTER of New York, and Mr. STENHOLM) introduced the following bill; which was referred to the Committee on the Judiciary April 11, 1991 Additional sponsors: Mr. GIBBONS, Mrs. LOWEY of New York, Mr. MILLER of California, Mr. MAVROULES, Mr. SANGMEISTER, Mr. GEJDENSON, Mr. WAXMAN, Mr. RUSSO, Mr. RANGEL, Mr. FOGLIETTA, Mr. FAZIO, Mr. CARPER, Mr. COUGHLIN, Mr. DOWNEY, Mr. YOUNG of Florida, Mr. KLECZKA, Mr. MFUME, Mr. FAWELL, Mr. LAFALCE, Mr. MCGRATH, Mr. WHEAT, Mr. BONIOR, Mr. LIPINSKI, Ms. MOLINARI, Mr. TRAFICANT, Mr. LEVIN of Michigan, Mr. DURBIN, Mr. CLAY, Mr. MOAKLEY, Mrs. SCHROEDER, Mr. COYNE, Mrs. COLLINS of Illinois, Mr. LEHMAN of California, Mr. PEASE, Mrs. MORELLA, Mr. SKAGGS, Mrs. KENNELLY, Mr. MINETA, Mr. PALLONE, Ms. DELAURO, Ms. NORTON, Mr. ANDREWS of New Jersey, Mr. ANDREWS of Maine, Mr. GUARINI, Mr. PANETTA, Mr. FORD of Tennessee, Mr. FLAKE, Mr. AUCOIN, Mr. TORRES, Mr. WALSH, Mr. MCMILLEN of Maryland, Mr. REED, Mr. ABERCROMBIE, Mr. BACCHUS, Mr. ACKERMAN, Mr. CAMPBELL of California, Mrs. BENTLEY, Mr. HAYES of Illinois, Mr. ROEMER, Mr. FALEOMAVAEGA, Mr. DIXON, and Mr. HOAGLAND May 2, 1991 Additional sponsors: Mr. HERTEL, Mr. DYMALLY, Mr. ANDERSON, Ms. WATERS, and Mrs. COLLINS of Michigan May 2, 1991 Reported with an amendment, committed to the Committee of the Whole House, on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on January 3, 1991] A BILL To amend title 18, United States Code, to require a waiting period before the purchase of a handgun. 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 `Brady Handgun Violence Prevention Act'. SEC. 2. WAITING PERIOD REQUIRED BEFORE PURCHASE OF HANDGUN. (a) IN GENERAL- Section 922 of title 18, United States Code, is amended by adding at the end the following: `(s)(1) It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless-- `(A) after the most recent proposal of such transfer by the transferee-- `(i) the transferor has-- `(I) received from the transferee a statement of the transferee containing the information described in paragraph (3); `(II) verified the identification of the transferee by examining the identification document presented; and `(III) within one day after the transferee furnishes the statement, provided a copy of the statement to the chief law enforcement officer of the place of residence of the transferee; and `(ii)(I) 7 days have elapsed from the date the transferee furnished the statement, and the transferor has not received information from the chief law enforcement officer that receipt or possession of the handgun by the transferee would be in violation of Federal, State, or local law; or `(II) the transferor has received notice from the chief law enforcement officer that the officer has no information indicating that receipt or possession of the handgun by the transferee would violate Federal, State, or local law; `(B) the transferee has presented to the transferor a written statement, issued by the chief law enforcement officer of the place of residence of the transferee during the 10-day period ending on the date of the most recent proposal of such transfer by the transferee, which states that the transferee requires access to a handgun because of a threat to the life of the transferee or of any member of the household of the transferee; `(C)(i) the transferee has presented to the transferor a permit which-- `(I) allows the transferee to possess a handgun; and `(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and `(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of law; `(D) the law of the State-- `(i) prohibits any licensed importer, licensed manufacturer, or licensed dealer from transferring a handgun to an individual who is not licensed under section 923, before at least 7 days have elapsed from the date the transferee proposes such transfer; or `(ii) requires that, before any licensed importer, licensed manufacturer, or licensed dealer completes the transfer of a handgun to an individual who is not licensed under section 923, an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of law; or `(E) the transferor has received a report from any system of felon identification established by the Attorney General pursuant to section 6213(a) of the Anti-Drug Abuse Amendments Act of 1988, that available information does not indicate that possession or receipt of a handgun by the transferee would violate Federal, State, or local law. `(2) Paragraph (1) shall not be interpreted to require any action by a chief law enforcement officer which is not otherwise required. `(3) The statement referred to in paragraph (1)(A)(i)(I) shall contain only-- `(A) the name, address, and date of birth appearing on a valid identification document (as defined in section 1028(d)(1)) of the transferee containing a photograph of the transferee and a description of the identification used; `(B) a statement that the transferee-- `(i) is not under indictment for, and has not been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; `(ii) is not a fugitive from justice; `(iii) is not an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act); `(iv) has not been adjudicated as a mental defective or been committed to a mental institution; `(v) is not an alien who is illegally or unlawfully in the United States; `(vi) has not been discharged from the Armed Forces under dishonorable conditions; and `(vii) is not a person who, having been a citizen of the United States, has renounced such citizenship; `(C) the date the statement is made; and `(D) notice that the transferee intends to obtain a handgun from the transferor. `(4) Any transferor of a handgun who, after such transfer, receives a report from a chief law enforcement officer containing information that receipt or possession of the handgun by the transferee violates Federal, State, or local law shall immediately communicate all information the transferor has about the transfer and the transferee to-- `(A) the chief law enforcement officer of the place of business of the transferor; and `(B) the chief law enforcement officer of the place of residence of the transferee. `(5) Any transferor who receives information, not otherwise available to the public, in a report under this subsection shall not disclose such information except to the transferee, to law enforcement authorities, or pursuant to the direction of a court of law. `(6)(A) Any transferor who sells, delivers, or otherwise transfers a handgun to a transferee shall retain the copy of the statement of the transferee with respect to the handgun transaction, and shall retain evidence that the transferor has complied with paragraph (1)(A)(i)(III) with respect to the statement. `(B) Unless the chief law enforcement officer to whom a copy of the statement is sent determines that a transaction would violate Federal, State, or local law, the officer shall, within 30 days after the date the transferee made the statement, destroy the copy and any record containing information derived from the statement. `(7) For purposes of this subsection, the term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer, or the designee of any such individual. `(8) This subsection shall not apply to the sale of a firearm in the circumstances described in subsection (c). `(9) The Secretary shall take necessary actions to assure that the provisions of this subsection are published and disseminated to dealers and to the public.'. (b) HANDGUN DEFINED- Section 921(a) of such title is amended by adding at the end the following: `(29) The term `handgun' means-- `(A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and `(B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.'. (c) PENALTY- Section 924(a) of such title is amended-- (1) in paragraph (1), by striking `paragraph (2) or (3) of'; and (2) by adding at the end the following: `(5) Whoever knowingly violates section 922(s) shall be fined not more than $1,000, imprisoned for not more than one year, or both.'. (d) EFFECTIVE DATE- The amendments made by this Act shall apply to conduct engaged in 90 or more days after the date of the enactment of this Act.
Considered under the provisions of rule H. Res. 144.
Rule provides for consideration of H.R. 7. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider the amendment in the nature of a substitute recommended by the Com mittee on the Judiciary now printed in t he bill as an original bill for the purpose of amendment under the five-minute rule. Measure will be considered rea d. A specified amendment is in or der. No amendment except an amendme nt in the nature of a substitute consisting of t he text printed in the report of the Committee on Rules accompanying this resolution shall be in order. Said amendment must be offered by Mr. Stagger s or his designee and shall be consider ed read. Said amendment, if offered, sha ll be debatable for not to exceed one hour, equally divided and controlled, and shall not be subject to amendment.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 144 and Rule XXIII.
The Speaker designated the Honorable Steny H. Hoyer to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on the provisions of H.R. 7, as reported by the Committee on the Judiciary.
DEBATE - Pursuant to the provisions of H. Res. 144, the Committee of the Whole proceeded with one hour of debate on the Staggers amendment in the nature of a substitute.
DEBATE - The Committee of the Whole proceeded with the remaining debate on the Staggers amendment in the nature of a substitute.
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 7.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Mr. McCollum moved to recommit with instructions to Judiciary.
DEBATE - The House proceeded with ten minutes of debate on the McCollum motion to recommit the bill to the Judiciary Committee with instructions. The instructions direct the Judiciary Committee to withhold reporting the bill back until it has conducted a thorough and complete study, including hearings, of the provisions and merits of the bill in the overall context of the violent crime problem confronting the nation and the President's Message on Violent Crime of March 12, 1991 (House Document No. 102-58). Prior to the beginning of the debate, Mr. Brooks reserved a point of order against the motion to recommit with instructions. Mr. Brooks did not subsequently insist on the point of order and regular order ensued.
The previous question on the motion to recommit with instructions was ordered without objection.
On motion to recommit with instructions Failed by recorded vote: 162 - 265 (Roll no. 82).
Roll Call #82 (House)Passed/agreed to in House: On passage Passed by recorded vote: 239 - 186 (Roll no. 83).
Roll Call #83 (House)On passage Passed by recorded vote: 239 - 186 (Roll no. 83).
Roll Call #83 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 101.