From: bb063@cleveland.Freenet.Edu (Christopher J. Crobaugh)
Newsgroups: talk.politics.guns
Subject: Text: New Brady Bill
Date: 26 Jan 1993 12:21:17 GMT
Organization: Case Western Reserve University, Cleveland, Ohio (USA)
NNTP-Posting-Host: slc4.ins.cwru.edu


Here is the new and improved Brady Bill, brought to us by that
giant of intellectual achievement, Roman Mazzoli of Louisville,
Kentucky.
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. 

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-- 
bb063@Cleveland.Freenet.Edu  Chris Crobaugh - (216) 327-6655 (V)
"Those who would sacrifice essential liberties for a little 
temporary safety deserve neither liberty nor safety." B. Franklin