I

106TH CONGRESS

2D SESSION H. R. 4915

To provide for the implementation of a system of licensing for purchasers

of handguns and for a record of sale system for handguns, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 20, 2000

Mr. MEEHAN (for himself, Mr. ABERCROMBIE, Mr. KENNEDY of Rhode Island, Mr. LANTOS, Ms. NORTON, Mr. RANGEL, Ms. SCHAKOWSKY, Mr.

TIERNEY, Mr. WEXLER, and Mr. WYNN) introduced the following bill;

which was referred to the Committee on the Judiciary

A BILL

To provide for the implementation of a system of licensing

for purchasers of handguns and for a record of sale

system for handguns, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Handgun Licensing and Record of Sale Act of 2000’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purposes.
2

•HR 4915 IH

Sec. 3. Definitions.

TITLE I—LICENSING

Sec. 101. Licensing requirement.

Sec. 102. Application requirements.

Sec. 103. Issuance of license.

Sec. 104. Renewal of license.

Sec. 105. Revocation of license.

TITLE II—RECORD OF SALE OR TRANSFER

Sec. 201. Sale and transfer requirements for handguns.

Sec. 202. Firearm records.

TITLE III—ADDITIONAL PROHIBITIONS

Sec. 301. Universal background check requirement.

Sec. 302. Failure to maintain or permit inspection of records.

Sec. 303. Failure to report loss or theft of firearm.

Sec. 304. Failure to provide notice of change of address.

Sec. 305. Child access prevention.

TITLE IV—ENFORCEMENT

Sec. 401. Criminal penalties.

Sec. 402. Regulations.

Sec. 403. Inspections.

Sec. 404. Orders.

Sec. 405. Injunctive enforcement.

TITLE V—FIREARM INJURY INFORMATION AND RESEARCH

Sec. 501. Duties of the Secretary.

TITLE VI—EFFECT ON STATE LAW

Sec. 601. Effect on State law.

Sec. 602. Certification of State handgun licensing systems and State handgun

record of sale systems.

TITLE VII—RELATIONSHIP TO OTHER LAW

Sec. 701. Subordination to Arms Export Control Act.

TITLE VIII—INAPPLICABILITY

Sec. 801. Inapplicability to governmental authorities.

TITLE IX—EFFECTIVE DATE

Sec. 901. Effective date of amendments.

1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—
3

•HR 4915 IH

1 (1) the manufacture, distribution, and importa2 tion of firearms is inherently commercial in nature;

3 (2) firearms regularly move in interstate com4 merce;

5 (3) firearms trafficking is so prevalent and

6 widespread in and among the States that it is usu7 ally impossible to distinguish between intrastate

8 trafficking and interstate trafficking;

9 (4) to the extent that firearms trafficking is

10 intrastate in nature, it arises out of and is substan11 tially connected with a commercial transaction,

12 which, when viewed in the aggregate, substantially

13 affects interstate commerce;

14 (5) because the intrastate and interstate traf15 ficking of firearms are so commingled, full regula16 tion of interstate commerce requires the incidental

17 regulation of intrastate commerce; and

18 (6) it is in the national interest and within the

19 role of the Federal Government to ensure that the

20 regulation of firearms is uniform among the States,

21 that law enforcement can quickly and effectively

22 trace firearms used in crime, and that firearms own23 ers know how to use and safely store their firearms.

24 (b) PURPOSES.—The purposes of this Act and the

25 amendments made by this Act are—
4

•HR 4915 IH

1 (1) to protect the public against the unreason2 able risk of injury and death associated with the un3 recorded sale or transfer of handguns to criminals

4 and youth;

5 (2) to ensure that owners of handguns are

6 knowledgeable in the safe use, handling, and storage

7 of those firearms;

8 (3) to restrict the availability of firearms to

9 criminals, youth, and other persons prohibited by

10 Federal law from receiving firearms; and

11 (4) to facilitate the tracing of handguns used in

12 crime by Federal and State law enforcement agen13 cies.

14 SEC. 3. DEFINITIONS.

15 In this Act:

16 (1) FIREARM; LICENSED DEALER; LICENSED

17 MANUFACTURER.—The terms ‘‘firearm’’, ‘‘licensed

18 dealer’’, and ‘‘licensed manufacturer’’ have the

19 meanings given those terms in section 921(a) of title

20 18, United States Code.

21 (2) SECRETARY.—The term ‘‘Secretary’’ means

22 the Secretary of the Treasury.

23 (3) STATE.—The term ‘‘State’’ means each of

24 the several States of the United States and the Dis25 trict of Columbia.
5

•HR 4915 IH

1 TITLE I—LICENSING

2 SEC. 101. LICENSING REQUIREMENT.

3 Section 922 of title 18, United States Code, is

4 amended by inserting after subsection (y) the following:

5 ‘‘(z) HANDGUN LICENSING REQUIREMENT.—

6 ‘‘(1) IN GENERAL.—It shall be unlawful for any

7 person other than a licensed importer, licensed man8 ufacturer, licensed dealer, or licensed collector to

9 possess a handgun on or after the applicable date,

10 unless that person has been issued a handgun

11 license—

12 ‘‘(A) under title I of the Handgun Licens13 ing and Record of Sale Act of 2000, which li14 cense has not been invalidated or revoked under

15 that title; or

16 ‘‘(B) pursuant to a State handgun licens17 ing system certified under section 602 of the

18 Handgun Licensing and Record of Sale Act of

19 2000, which license has not been invalidated or

20 revoked under State law.

21 ‘‘(2) APPLICABLE DATE.—In paragraph (1), the

22 term ‘applicable date’ means—

23 ‘‘(A) with respect to a handgun acquired

24 by the person before the date of enactment of

25 the Handgun Licensing and Record of Sale Act
6

•HR 4915 IH

1 of 2000, 10 years after such date of enactment;

2 and

3 ‘‘(B) with respect to a handgun acquired

4 by the person on or after the date of enactment

5 of such Act, 1 year after such date of enact6 ment.’’.

7 SEC. 102. APPLICATION REQUIREMENTS.

8 (a) IN GENERAL.—In order to be issued a handgun

9 license under this title, an individual shall submit to the

10 Secretary (in accordance with the regulations promulgated

11 under subsection (b)) an application, which shall include—

12 (1) a current, passport-sized photograph of the

13 applicant that provides a clear, accurate likeness of

14 the applicant;

15 (2) the name, address, and date and place of

16 birth of the applicant;

17 (3) any other name that the applicant has ever

18 used or by which the applicant has ever been known;

19 (4) a clear thumb print of the applicant, which

20 shall be made when, and in the presence of the enti21 ty to whom, the application is submitted;

22 (5) with respect to each category of person pro23 hibited by Federal law, or by the law of the State

24 of residence of the applicant, from obtaining a fire-
7

•HR 4915 IH

1 arm, a statement that the individual is not such a

2 person;

3 (6) a certification by the applicant that appli4 cant will keep any firearm owned by the applicant

5 safely stored and out of the possession of persons

6 who have not attained 18 years of age;

7 (7) a certificate attesting to the completion at

8 the time of application of a written firearms exam9 ination, which shall test the knowledge and ability of

10 the applicant regarding—

11 (A) the safe storage of firearms, particu12 larly in the vicinity of persons who have not at13 tained 18 years of age;

14 (B) the safe handling of firearms;

15 (C) the use of firearms in the home and

16 the risks associated with such use;

17 (D) the legal responsibilities of firearms

18 owners, including Federal, State, and local laws

19 relating to requirements for the possession and

20 storage of firearms, and relating to reporting

21 requirements with respect to firearms; and

22 (E) any other subjects, as the Secretary

23 determines to be appropriate;

24 (8) the date on which the application was sub25 mitted; and
8

•HR 4915 IH

1 (9) the signature of the applicant.

2 (b) REGULATIONS GOVERNING SUBMISSION.—The

3 Secretary shall promulgate regulations specifying proce4 dures for the submission of applications to the Secretary

5 under this section, which regulations shall—

6 (1) provide for submission of the application

7 through a licensed dealer or an office or agency of

8 the Federal Government designated by the Sec9 retary;

10 (2) require the applicant to provide a valid

11 identification document (as defined in section

12 1028(d)(2) of title 18, United States Code) of the

13 applicant, containing a photograph of the applicant,

14 to the licensed dealer or to the office or agency of

15 the Federal Government, as applicable, at the time

16 of submission of the application to that dealer, of17 fice, or agency; and

18 (3) require that a completed application be for19 warded to the Secretary not later than 48 hours

20 after the application is submitted to the licensed

21 dealer or office or agency of the Federal Govern22 ment, as applicable.

23 (c) FEES.—

24 (1) IN GENERAL.—The Secretary shall charge

25 and collect from each applicant for a license under
9

•HR 4915 IH

1 this title a fee in an amount determined in accord2 ance with paragraph (2).

3 (2) FEE AMOUNT.—The amount of the fee col4 lected under this subsection shall be not less than

5 the amount determined by the Secretary to be nec6 essary to ensure that the total amount of all fees

7 collected under this subsection during a fiscal year

8 is sufficient to cover the costs of carrying out this

9 title during that fiscal year, except that such amount

10 shall not exceed $25.

11 SEC. 103. ISSUANCE OF LICENSE.

12 (a) IN GENERAL.—The Secretary shall issue a hand13 gun license to an applicant who has submitted an applica14 tion that meets the requirements of section 102, if the in15 dividual is not prohibited by subsection (g) or (n) of sec16 tion 922 of title 18, United States Code, from receiving

17 a firearm.

18 (b) EFFECT OF ISSUANCE TO PROHIBITED PER19 SON.—A handgun license issued under this section shall

20 be null and void if issued to a person who is prohibited

21 by subsection (g) or (n) of section 922 of title 18, United

22 States Code, from receiving a firearm.

23 (c) FORM OF LICENSE.—A handgun license issued

24 under this section shall be in the form of a tamper-resist25 ant card, and shall include—
10

•HR 4915 IH

1 (1) the photograph of the licensed individual

2 submitted with the application;

3 (2) the address of the licensed individual;

4 (3) the date of birth of the licensed individual;

5 (4) a license number, unique to each licensed

6 individual;

7 (5) the expiration date of the license, which

8 shall be the date that is 5 years after the initial an9 niversary of the date of birth of the licensed indi10 vidual following the date on which the license is

11 issued (or in the case of a license renewal, following

12 the date on which the license is renewed under sec13 tion 104);

14 (6) the signature of the licensed individual pro15 vided on the application, or a facsimile thereof; and

16 (7) centered at the top of the license, capital17 ized, and in bold-face type, the following statement:

18 ‘‘HANDGUN LICENSE—NOT VALID FOR ANY

19 OTHER PURPOSE’’.

20 SEC. 104. RENEWAL OF LICENSE.

21 (a) APPLICATION FOR RENEWAL.—

22 (1) IN GENERAL.—In order to renew a handgun

23 license issued under this title, not later than 30 days

24 before the expiration date of the license, the licensed

25 individual shall submit to the Secretary (in accord-
11

•HR 4915 IH

1 ance with the regulations promulgated under para2 graph (3)), in a form approved by the Secretary, an

3 application for renewal of the license.

4 (2) CONTENTS.—An application submitted

5 under paragraph (1) shall include—

6 (A) a current, passport-sized photograph of

7 the applicant that provides a clear, accurate

8 likeness of the applicant;

9 (B) current proof of identity of the li10 censed individual; and

11 (C) the address of the licensed individual.

12 (3) REGULATIONS GOVERNING SUBMISSION.—

13 The Secretary shall promulgate regulations speci14 fying procedures for the submission of applications

15 under this subsection.

16 (b) ISSUANCE OF RENEWED LICENSE.—Upon ap17 proval of an application submitted under subsection (a),

18 the Secretary shall issue a renewed license, which shall

19 meet the requirements of section 103(c), except that the

20 license shall include the current photograph and address

21 of the licensed individual, as provided in the application

22 submitted under this section, and the expiration date of

23 the renewed license, as provided in section 103(c)(5).
12

•HR 4915 IH

1 SEC. 105. REVOCATION OF LICENSE.

2 (a) IN GENERAL.—If an individual to whom a license

3 has been issued under this title subsequently becomes a

4 person who is prohibited by subsection (g) or (n) of section

5 922 of title 18, United States Code, from receiving a

6 firearm—

7 (1) the license is revoked; and

8 (2) the individual shall promptly return the li9 cense to the Secretary.

10 (b) ADMINISTRATIVE ACTION.—Upon receipt by the

11 Secretary of notice that an individual to whom a license

12 has been issued under this title has become a person de13 scribed in subsection (a), the Secretary shall ensure that

14 the individual promptly returns the license to the Sec15 retary.

16 TITLE II—RECORD OF SALE OR

17 TRANSFER

18 SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR HAND19 GUNS.

20 Section 922 of title 18, United States Code, is

21 amended by inserting after subsection (z) (as added by

22 section 101 of this Act) the following:

23 ‘‘(aa) UNAUTHORIZED SALE OR TRANSFER OF A

24 HANDGUN.—It shall be unlawful for any person to sell,

25 deliver, or otherwise transfer a handgun to, or receive a

26 handgun from, a person who is not a licensed importer,
13

•HR 4915 IH

1 licensed manufacturer, licensed dealer, or licensed col2 lector, unless, at the time and place of the transfer or

3 receipt—

4 ‘‘(1) the transferee presents to a licensed dealer

5 a valid handgun license issued to the transferee—

6 ‘‘(A) under title I of the Handgun Licens7 ing and Record of Sale Act of 2000; or

8 ‘‘(B) pursuant to a State handgun licens9 ing system certified under section 602 of such

10 Act established by the State in which the trans11 fer or receipt occurs;

12 ‘‘(2) the licensed dealer contacts the Secretary

13 or the head of the State agency that administers the

14 certified system described in subparagraph (1)(B) of

15 this subsection, as applicable, and receives notice

16 that the transferee has been issued a handgun li17 cense described in paragraph (1) of this paragraph

18 and that the license remains valid; and

19 ‘‘(3) the licensed dealer records on a document

20 (which, in the case of a sale, shall be the sales re21 ceipt) a tracking authorization number provided by

22 the Secretary or the head of the State agency, as ap23 plicable, as evidence that the licensed dealer has

24 verified the validity of the license.’’.
14

•HR 4915 IH

1 SEC. 202. FIREARM RECORDS.

2 (a) SUBMISSION OF SALE OR TRANSFER REPORTS.—

3 Not later than 14 days after the date on which the trans4 fer of a handgun is processed by a licensed dealer under

5 section 922(aa) of title 18, United States Code (as added

6 by section 201 of this title), the licensed dealer shall sub7 mit to the Secretary (or, in the case of a licensed dealer

8 located in a State that has a State handgun record of sale

9 system certified under section 602 of this Act, to the head

10 of the State agency that administers that system) a report

11 of that transfer, which shall include information relating

12 to—

13 (1) the manufacturer of the handgun;

14 (2) the model name or number of the handgun;

15 (3) the serial number of the handgun;

16 (4) the date on which the handgun was received

17 by the transferee;

18 (5) the number of a valid handgun license

19 issued to the transferee under title I of this Act; and

20 (6) the name and address of the individual who

21 transferred the handgun to the transferee.

22 (b) FEDERAL RECORD OF SALE SYSTEM.—Not later

23 than 9 months after the date of enactment of this Act,

24 the Secretary shall establish and maintain a Federal hand25 gun record of sale system, which shall include the informa-
15

•HR 4915 IH

1 tion included in each report submitted to the Secretary

2 under subsection (a).

3 (c) FEDERAL FIREARMS LICENSEES REQUIRED TO

4 REPORT ALL SALES OR OTHER DISPOSITIONS OF HAND5 GUNS.—Section 923(g)(3)(A) of title 18, United States

6 Code, is amended—

7 (1) by striking the 1st sentence and inserting

8 the following: ‘‘Each licensee shall prepare a report

9 whenever the licensee sells or otherwise disposes of

10 a handgun to an unlicensed person.’’; and

11 (2) in the last sentence, by striking ‘‘multiple’’.

12 (d) ELIMINATION OF PROHIBITION ON ESTABLISH13 MENT OF SYSTEM OF REGISTRATION.—Section 926(a) of

14 title 18, United States Code, is amended by striking the

15 second sentence.

16 TITLE III—ADDITIONAL

17 PROHIBITIONS

18 SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIRE19 MENT.

20 Section 922 of title 18, United States Code, is

21 amended by inserting after subsection (aa) (as added by

22 section 201 of this Act) the following:

23 ‘‘(bb) UNIVERSAL BACKGROUND CHECK REQUIRE24 MENT.—
16

•HR 4915 IH

1 ‘‘(1) REQUIREMENT.—Except as provided in

2 paragraph (2), it shall be unlawful for any person

3 other than a licensed importer, licensed manufac4 turer, licensed dealer, or licensed collector to sell, de5 liver, or otherwise transfer a firearm to any person

6 other than such a licensee, unless the transfer is

7 processed through a licensed dealer in accordance

8 with subsection (t).

9 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

10 apply to the infrequent transfer of a firearm by gift,

11 bequest, intestate succession or other means by an

12 individual to a parent, child, grandparent, or grand13 child of the individual, or to any loan of a firearm

14 for any lawful purpose for not more than 30 days

15 between persons who are personally known to each

16 other.’’.

17 SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION

18 OF RECORDS.

19 Section 922 of title 18, United States Code, is

20 amended by inserting after subsection (bb) (as added by

21 section 301 of this title) the following:

22 ‘‘(cc) FAILURE TO MAINTAIN OR PERMIT INSPEC23 TION OF RECORDS.—It shall be unlawful for a licensed

24 manufacturer or a licensed dealer to fail to comply with

25 section 202 of the Handgun Licensing and Record of Sale
17

•HR 4915 IH

1 Act of 2000, or to maintain such records or supply such

2 information as the Secretary may require in order to as3 certain compliance with such Act and the regulations and

4 orders issued under such Act.’’.

5 SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIRE6 ARM.

7 Section 922 of title 18, United States Code, is

8 amended by inserting after subsection (cc) (as added by

9 section 302 of this title) the following:

10 ‘‘(dd) FAILURE TO REPORT LOSS OR THEFT OF

11 FIREARM.—It shall be unlawful for any person who owns

12 a handgun to fail to report the loss or theft of the handgun

13 to the Secretary within 72 hours after the loss or theft

14 is discovered.’’.

15 SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF AD16 DRESS.

17 Section 922 of title 18, United States Code, is

18 amended by inserting after subsection (dd) (as added by

19 section 303 of this title) the following:

20 ‘‘(ee) FAILURE TO PROVIDE NOTICE OF CHANGE OF

21 ADDRESS.—It shall be unlawful for any individual to

22 whom a handgun license has been issued under title I of

23 the Handgun Licensing and Record of Sale Act of 2000

24 to fail to report to the Secretary a change in the address
18

•HR 4915 IH

1 of that individual within 60 days of that change of ad2 dress.’’.

3 SEC. 305. CHILD ACCESS PREVENTION.

4 Section 922 of title 18, United States Code, is

5 amended by inserting after subsection (ee) (as added by

6 section 304 of this title) the following:

7 ‘‘(ff) CHILD ACCESS PREVENTION.—

8 ‘‘(1) DEFINITION OF CHILD.—In this sub9 section, the term ‘child’ means an individual who has

10 not attained the age of 18 years.

11 ‘‘(2) PROHIBITION AND PENALTIES.—Except as

12 provided in paragraph (3), it shall be unlawful for

13 any person to keep a loaded firearm, or an unloaded

14 firearm and ammunition for the firearm, any 1 of

15 which has been shipped or transported in interstate

16 or foreign commerce, within any premises that is

17 under the custody or control of that person, if—

18 ‘‘(A) that person—

19 ‘‘(i) knows, or recklessly disregards

20 the risk, that a child is capable of gaining

21 access to the firearm; and

22 ‘‘(ii) either—

23 ‘‘(I) knows, or recklessly dis24 regards the risk, that a child will use

25 the firearm to cause the death of, or
19

•HR 4915 IH

1 serious bodily injury (as defined in

2 section 1365 of this title) to, the child

3 or any other person; or

4 ‘‘(II) knows, or reasonably should

5 know, that possession of the firearm

6 by a child is unlawful under Federal

7 or State law; and

8 ‘‘(B) a child uses the firearm and thereby

9 causes the death of, or serious bodily injury to,

10 the child or any other person.

11 ‘‘(3) EXCEPTIONS.—Paragraph (2) does not

12 apply if—

13 ‘‘(A) at the time the child obtained access,

14 the firearm was secured with a secure gun stor15 age or safety device;

16 ‘‘(B) the person is a peace officer, a mem17 ber of the Armed Forces, or a member of the

18 National Guard, and the child obtains the fire19 arm during, or incidental to, the performance of

20 the official duties of the person in that capacity;

21 ‘‘(C) the child uses the firearm in a lawful

22 act of self-defense or defense of 1 or more other

23 persons; or

24 ‘‘(D) the person has no reasonable expecta25 tion, based on objective facts and cir-
20

•HR 4915 IH

1 cumstances, that a child is likely to be present

2 on the premises on which the firearm is kept.’’.

3 TITLE IV—ENFORCEMENT

4 SEC. 401. CRIMINAL PENALTIES.

5 (a) FAILURE TO POSSESS HANDGUN LICENSE; FAIL6 URE TO COMPLY WITH FIREARM SALE OR TRANSFER

7 REQUIREMENTS; FAILURE TO MAINTAIN OR PERMIT IN8 SPECTION OF RECORDS.—Section 924(a) of title 18,

9 United States Code, is amended by adding at the end the

10 following:

11 ‘‘(7) Whoever knowingly violates subsection (z), (aa),

12 or (cc) of section 922 shall be fined under this title, im13 prisoned not more than 2 years, or both.’’.

14 (b) FAILURE TO COMPLY WITH UNIVERSAL BACK15 GROUND CHECKS; FAILURE TO TIMELY REPORT LOSS OR

16 THEFT OF FIREARM; FAILURE TO PROVIDE NOTICE OF

17 CHANGE OF ADDRESS.—Section 924(a)(5) of title 18,

18 United States Code, is amended by striking ‘‘(s) or (t)’’

19 and inserting ‘‘(s), (t), (bb), (dd), or (ee)’’.

20 (c) FAILURE TO RETURN REVOKED HANDGUN LI21 CENSE.—Section 924(a) of title 18, United States Code,

22 is amended by adding at the end the following:

23 ‘‘(8) Whoever violates section 105(a)(2) of the Hand24 gun Licensing and Record of Sale Act of 2000, knowingly

25 or having reason to believe that the person is prohibited
21

•HR 4915 IH

1 by subsection (g) or (n) of section 922 of title 18, United

2 States Code, from receiving a firearm, shall be fined under

3 this title, imprisoned not more than 2 years, or both.’’.

4 (d) CHILD ACCESS PREVENTION.—Section 924(a) of

5 title 18, United States Code, is amended by adding at the

6 end the following:

7 ‘‘(9) Whoever violates section 922(ff) shall be fined

8 under this title, imprisoned not more than 3 years, or

9 both.’’.

10 SEC. 402. REGULATIONS.

11 (a) IN GENERAL.—The Secretary shall issue such

12 regulations governing the licensing of possessors of hand13 guns and the recorded sale of handguns, consistent with

14 this Act and the amendments made by this Act, as the

15 Secretary determines to be reasonably necessary to reduce

16 or prevent deaths or injuries resulting from handguns, and

17 to assist law enforcement in the apprehension of owners

18 or users of handguns used in criminal activity.

19 (b) MAXIMUM INTERVAL BETWEEN ISSUANCE OF

20 PROPOSED AND FINAL REGULATION.—Not later than 120

21 days after the date on which the Secretary issues a pro22 posed regulation under subsection (a) with respect to a

23 matter, the Secretary shall issue a final regulation with

24 respect to the matter.
22

•HR 4915 IH

1 SEC. 403. INSPECTIONS.

2 In order to ascertain compliance with this Act, the

3 amendments made by this Act, and the regulations and

4 orders issued under this Act, the Secretary may, during

5 regular business hours, enter any place in which firearms

6 or firearm products are manufactured, stored, or held, for

7 distribution in commerce, and inspect those areas where

8 the products are so manufactured, stored, or held.

9 SEC. 404. ORDERS.

10 The Secretary may issue an order prohibiting the sale

11 or transfer of any firearm that the Secretary finds has

12 been transferred or distributed in violation of this Act, an

13 amendment made by this Act, or a regulation issued under

14 this Act.

15 SEC. 405. INJUNCTIVE ENFORCEMENT.

16 Upon the request of the Secretary, the Attorney Gen17 eral may bring an action to restrain any violation of this

18 Act or an amendment made by this Act in the district

19 court of the United States for any district in which the

20 violation has occurred, or in which the defendant is found

21 or transacts business.

22 TITLE V—FIREARM INJURY

23 INFORMATION AND RESEARCH

24 SEC. 501. DUTIES OF THE SECRETARY.

25 (a) IN GENERAL.—The Secretary shall—
23

•HR 4915 IH

1 (1) establish and maintain a firearm injury in2 formation clearinghouse to collect, investigate, ana3 lyze, and disseminate data and information relating

4 to the causes and prevention of death and injury as5 sociated with firearms;

6 (2) conduct continuing studies and investiga7 tions of firearm-related deaths and injuries; and

8 (3) collect and maintain current production and

9 sales figures for each licensed manufacturer.

10 (b) AVAILABILITY OF INFORMATION.—Periodically,

11 but not less frequently than annually, the Secretary shall

12 make available to the public a report on the activities of

13 the Secretary under subsection (a).

14 TITLE VI—EFFECT ON STATE

15 LAW

16 SEC. 601. EFFECT ON STATE LAW.

17 (a) IN GENERAL.—This Act and the amendments

18 made by this Act may not be construed to preempt any

19 provision of the law of any State or political subdivision

20 thereof, or prevent a State or political subdivision thereof

21 from enacting any provision of law regulating or prohib22 iting conduct with respect to firearms, except to the extent

23 that the provision of law is inconsistent with any provision

24 of this Act or an amendment made by this Act, and then

25 only to the extent of the inconsistency.
24

•HR 4915 IH

1 (b) RULE OF INTERPRETATION.—A provision of

2 State law is not inconsistent with this Act or an amend3 ment made by this Act if the provision imposes a regula4 tion or prohibition of greater scope or a penalty of greater

5 severity than a corresponding prohibition or penalty im6 posed by this Act or an amendment made by this Act.

7 SEC. 602. CERTIFICATION OF STATE HANDGUN LICENSING

8 SYSTEMS AND STATE HANDGUN RECORD OF

9 SALE SYSTEMS.

10 Upon a written request of the chief executive officer

11 of a State, the Secretary may certify—

12 (1) a handgun licensing system established by

13 a State, if State law requires the system to satisfy

14 the requirements applicable to the Federal handgun

15 licensing system established under title I; or

16 (2) a handgun record of sale system established

17 by a State, if State law requires the head of the

18 State agency that administers the system to submit

19 to the Federal handgun record of sale system estab20 lished under section 202(b) a copy of each report

21 submitted to the head of the agency under section

22 202(a), within 7 days after receipt of the report.
25

•HR 4915 IH

1 TITLE VII—RELATIONSHIP TO

2 OTHER LAW

3 SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL

4 ACT.

5 In the event of any conflict between any provision of

6 this Act or an amendment made by this Act, and any pro7 vision of the Arms Export Control Act (22 U.S.C. 2751),

8 the provision of the Arms Export Control Act shall con9 trol.

10 TITLE VIII—INAPPLICABILITY

11 SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORI12 TIES.

13 This Act and the amendments made by this Act do

14 not apply to any department or agency of the United

15 States, of a State, or of a political subdivision of a State,

16 or to any official conduct of any officer or employee of

17 such a department or agency.

18 TITLE IX—EFFECTIVE DATE

19 SEC. 901. EFFECTIVE DATE OF AMENDMENTS.

20 The amendments made by this Act shall take effect

21 1 year after the date of enactment of this Act.

Æ