< Back to H.R. 3268 (103rd Congress, 1993–1994)

Text of the Federal Firearms License Reform Act of 1993

This bill was introduced on October 13, 1993, in a previous session of Congress, but was not enacted. The text of the bill below is as of Oct 13, 1993 (Introduced).

Source: GPO

HR 3268 IH

103d CONGRESS

1st Session

H. R. 3268

To amend title 18, United States Code, to reform the laws relating to Federal firearms licenses and licensees.

IN THE HOUSE OF REPRESENTATIVES

October 13, 1993

Mr. COMBEST (for himself, Mr. OBERSTAR, Mr. EMERSON, and Mr. SARPALIUS) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend title 18, United States Code, to reform the laws relating to Federal firearms licenses and licensees.

    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 ‘Federal Firearms License Reform Act of 1993’.

SEC. 2. PREVENTION OF THEFT OF FIREARMS.

    (a) PROHIBITION AGAINST LABELLING OF CONTAINERS CONTAINING FIREARMS- Section 922(e) of title 18, United States Code, is amended--

      (1) by inserting ‘(1)’ after ‘(e)’; and

      (2) by adding at the end the following:

    ‘(2) It shall be unlawful for any common or contract carrier to require or cause to be placed on the outside of any package, luggage, or other container any label, tag, or other written notice that the package, luggage, or other container contains a firearm.’.

    (b) DUTY TO OBTAIN WRITTEN ACKNOWLEDGEMENT OF RECEIPT OF CONTAINERS CONTAINING FIREARMS- Section 922(f) of such title is amended--

      (1) by inserting ‘(1)’ after ‘(f)’; and

      (2) by adding at the end the following:

    ‘(2) It shall be unlawful for any common or contract carrier to deliver in interstate or foreign commerce any firearm without obtaining written acknowledgement of receipt of the firearm from the recipient of the firearm.’.

    (c) PERSONAL TRANSFER OF FIREARMS BETWEEN LICENSEES OUTSIDE THEIR BUSINESS PREMISES- Section 923(c) of such title is amended by inserting after the 1st sentence the following: ‘Notwithstanding any other provision of this chapter, a person licensed under this section may, in person, transfer or deliver firearms to, and receive firearms from, another such person at any location without regard to the State specified on the license.’.

    (d) PROHIBITION AGAINST STEALING FIREARMS FROM CERTAIN LICENSEES-

      (1) PROHIBITION- Section 922 of such title is amended by adding at the end the following:

    ‘(s) It shall be unlawful for a person to steal, unlawfully convert, or take by fraud from the person or the premises of a licensed importer, licensed manufacturer, or licensed dealer any firearm in the business inventory of the licensee which has been shipped or transported in interstate or foreign commerce.’.

      (2) PENALTIES- Section 924 of such title is amended by adding at the end the following:

    ‘(i)(1) Whoever knowingly violates section 922(s) shall be fined not more than $10,000, imprisoned not more than 10 years, or both.

    ‘(2) Whoever, during and in relation to a robbery (as defined in section 1951(b)(1)) or riot (as defined in section 2102(a)), knowingly violates section 922(s) shall be sentenced to imprisonment for 30 years, or, if a death results, to life imprisonment without release or to death.’.

SEC. 3. 3-YEAR LICENSE TO DEAL IN FIREARMS; INCREASE IN APPLICATION FEE.

    Section 923(a)(3) of title 18, United States Code, is amended--

      (1) in subparagraph (B)--

        (A) by striking ‘who is a pawnbroker dealing’; and

        (B) by striking ‘$25 per year; or’ and inserting ‘$150 for an original license for 3 years, or $75 for the renewal of a license for 3 years.’; and

      (2) by striking subparagraph (C).

SEC. 4. FEDERAL FIREARMS LICENSEES REQUIRED TO REPORT THEFT OF FIREARMS FROM THE INVENTORY OR COLLECTION OF THE LICENSEE.

    Section 923(g) of title 18, United States Code, is amended by adding at the end the following:

    ‘(6)(A) Within 5 business days after a person licensed under this section discovers the theft of a firearm from the inventory or collection of the licensee, the licensee shall report the theft to the chief law enforcement officer of the place of business of the licensee.

    ‘(B) For purposes of subparagraph (A), the term ‘chief law enforcement officer’ means the chief of police, the sheriff, or an equivalent officer, or the designee of any such individual.’.

SEC. 5. RESPONSES TO REQUESTS FOR INFORMATION.

    Section 923(g) of title 18, United States Code, as amended by section 4 of this Act, is amended by adding at the end the following:

    ‘(7) Not later than 5 business days after a licensee receives from the Secretary a written or in-person request therefor, the licensee shall provide the Secretary with such information contained in the records required to be kept by the licensee under this chapter as may be required for determining the disposition of 1 or more firearms. The licensee shall provide the information orally or in writing, as the Secretary may require.’.

SEC. 6. EXPANDED DEFINITION OF CURIOS OR RELICS.

    (a) IN GENERAL- Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

      ‘(29) The term ‘curios or relics’ means firearms so designated by the Secretary by regulation, and firearms manufactured in or before the calendar year 1946 acquired for a personal collection and not as business inventory or for resale for livelihood and profit.’.

    (b) CONFORMING AMENDMENT- Section 921(a)(13) of such title is amended by striking ‘as the Secretary shall by regulation define,’.

SEC. 7. EXPANDED DEFINITION OF ANTIQUE FIREARMS.

    Section 921(a)(16)(A) of title 18, United States Code, is amended by striking ‘1898’ and inserting ‘1918’.

SEC. 8. APPLICANT FOR FEDERAL FIREARMS LICENSE REQUIRED TO NOTIFY LOCAL LAW ENFORCEMENT AUTHORITIES OF INTENTION TO APPLY FOR THE LICENSE.

    Section 923(d)(1)(E) of title 18, United States Code, is amended by inserting before the comma the following: ‘and the applicant has certified on the application that the applicant has sent or delivered notice, on a form prescribed by the Secretary, to the chief law enforcement officer (as defined in subsection (g)(6)(B)) of the locality in which the premises are located, that the applicant intends to apply for a Federal firearms license’.

SEC. 9. PROVISION TO LICENSEES OF RULES GOVERNING FIREARMS.

    Section 926 of title 18, United States Code, is amended--

      (1) by inserting at the end of subsection (b) the following: ‘No such rule or regulation shall be effective until 30 days after a copy thereof has been provided to all persons licensed under this chapter.’; and

      (2) by adding at the end the following:

    ‘(d)(1)(A) Upon the effective date of this subsection, the Secretary shall publish and provide to all licensees a compilation of the State laws and published ordinances which are relevant to compliance with this chapter.

    ‘(B) Each year thereafter, the Secretary shall publish and provide to licensees all amendments to such State laws and published ordinances.

    ‘(2) If the Secretary fails to provide to a licensee the information required to be provided under this subsection, then, in any proceeding for the revocation of the license or any criminal prosecution of the licensee under this chapter, the licensee shall be rebuttably presumed to have had no knowledge of any State law or published ordinance that is relevant to the revocation proceeding or criminal prosecution.

    ‘(e)(1) The Secretary shall provide a copy of all regulations prescribed and official rulings made under this chapter, and all regulations prescribed and official rulings made under chapter 53 of the Internal Revenue Code of 1986, to each person licensed under this chapter--

      ‘(A) in the case of a person who became so licensed before the effective date of this subsection, as soon as is practicable after such effective date; or

      ‘(B) in the case of a person who becomes so licensed after such effective date, upon the issuance of the license.

    ‘(2) Not less frequently than quarterly, the Secretary shall provide to each person licensed under this chapter a copy of all changes in the regulations, and all new rulings, referred to in paragraph (1) since the most recent provision of information to the person under this subsection.

    ‘(f) The Secretary shall publish and provide to each person licensed under this chapter, at such times as the Secretary shall deem necessary, the name and license number of any person whose license under this chapter has been revoked.’.

SEC. 10. REGISTRATION TO REQUIRE PHOTOGRAPH AND FINGERPRINTS.

    Section 5802 of the National Firearms Act is amended by inserting after the 1st sentence the following: ‘An individual required to register under this section shall at the time of such registration, provide a photograph and fingerprints of the individual obtained from law enforcement authorities.’.

SEC. 11. ATTORNEY’S FEE PAYABLE IN CASES OF UNAUTHORIZED DENIAL OR REVOCATION OF LICENSE.

    Section 923(f)(3) of title 18, United States Code, is amended by inserting ‘, and shall award the prevailing party, other than the United States, a reasonable attorney’s fee for which the United States shall be liable’ before the period.