Article 34434 of talk.politics.guns:
Path: teetot.acusd.edu!network.ucsd.edu!swrinde!zaphod.mps.ohio-state.edu!rpi!uwm.edu!linac!att!cbnews!lvc
From: [l v c] at [cbnews.cb.att.com] (Larry Cipriani)
Newsgroups: talk.politics.guns
Subject: Text of HR7, old and new versions
Message-ID: <[1992 Aug 26 140753 4365] at [cbnews.cb.att.com]>
Date: 26 Aug 92 14:07:53 GMT
References: <[5--0] at [transfer.stratus.com]> <[1992 Aug 24 194318 24206] at [crash]>
Distribution: usa
Organization: Ideology Busters, Inc.
Lines: 427
H.R. 7, as introduced would allow the chief law enforcement officer
to sit on the paperwork, and create a defacto handgun ban. The
vresion of H.R. 7 which passed the House of Representatives was
modified such that this could not occur. Both versions of H.R. 7
are posted below.
----------------------------------------------------------------------
Subject: Text of H.R. 7 as introduced to the US House of Representatives
102d CONGRESS 1st Session
H.R. 7
To amend title 18, United States Code, to require a waiting period before
the purchase of a handgun.
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 an 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) the transferor has received written verification that
the chief law enforcement officer has received the statement, 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 transferee --
"(i) is not under indictment for, and has not been convicted in any
court 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.
"(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 the 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 "(2) or (3)" and inserting "(2), (3),
or (4)"; and
(2) by adding at the end the following:
"(4) 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.
----------------------------------------------------------------------
Subject: Text of HR-7 as passed by House of Representatives
102d CONGRESS 1st Session
H.R. 7
To amend title 18, United States Code, to require a waiting period before
the purchase of a handgun.
IN THE SENATE OF THE UNITED STATES
May 9 (legislative day, April 25) 1991
Received
May 15 (legislative day, April 25) 1991
Read the first time
AN ACT
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 an 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 transferee --
"(i) is not under indictment for, and has not been convicted in any
court of a crime punishable 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 the 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.
Passed the House of Representative May 8, 1991.
Attest: DONNALD K. ANDERSON,
Clerk.
----------------------------------------------------------------------
Subject: Re: Text of HR-7 as passed by House of Representatives
The changes to HR-7 are:
1) It's called an act now, since it passed the House
2) The chief law enforcement officer is not required to confirm
receipt of the application, so the 7 day wait cannot be stretched
out indefinitely.
3) The transferor must retain evidence that the transferee has
complied with paragraph (1)(A)(i)(III) [e.g., a photocopy of
your drivers license or handgun permit]
4) Changes in the penalty section, which I can't understand w/o
title 18, United States Code to diff with.
----------------------------------------------------------------------
--
Larry Cipriani, att!cbvox1!lvc or [l v c] at [cbvox1.att.com]