< Back to H.R. 277 (103rd Congress, 1993–1994)

Text of the Brady Handgun Violence Prevention Act

This bill was introduced on January 5, 1993, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jan 5, 1993 (Introduced).

Source: GPO

HR 277 IH

103d CONGRESS

1st Session

H. R. 277

To amend title 18, United States Code, to require a waiting period before the purchase of a handgun.

IN THE HOUSE OF REPRESENTATIVES

January 5, 1993

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


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.