To amend title 18, United States Code, to require a waiting period before the purchase of a handgun.
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.
Cloture on the conference report not invoked in Senate by Yea-Nay Vote. 55-43. Record Vote No: 262.
Motion to reconsider laid on the table Agreed to without objection.
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.