I

104TH CONGRESS

1ST SESSION H. R. 169

To provide for the mandatory registration of handguns.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mrs. COLLINS of Illinois introduced the following bill; which was referred to

the Committee on the Judiciary

A BILL

To provide for the mandatory registration of handguns.

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.

4 This Act may be cited as the ‘‘Handgun Registration

5 Act of 1995’’.

6 SEC. 2. FEDERAL HANDGUN REGISTRATION SYSTEM TO

7 APPLY IN ALL STATES NOT ESTABLISHING

8 STATE HANDGUN REGISTRATION SYSTEM

9 THAT MEETS CERTAIN REQUIREMENTS.

10 (a) IN GENERAL.—Beginning 2 years after the date

11 of the enactment of this Act, the Federal handgun reg12 istration system to be established by the Attorney General
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1 under section 3(a) and the amendment made by section

2 3(b) shall apply in any State during any period in which

3 the Attorney General finds, after opportunity for a hearing

4 on the record, that such State is not complying substan5 tially with the requirements of subsection (b) of this sec6 tion.

7 (b) REQUIREMENTS OF STATE HANDGUN REGISTRA8 TION SYSTEM.—The requirements of this subsection are

9 as follows:

10 (1) REGISTRATION REQUIREMENT.—State law

11 must require each individual who owns, possesses, or

12 controls a handgun in the State to register such

13 handgun—

14 (A) in the case of handguns owned, pos15 sessed, or controlled on or before the effective

16 date of the State law—

17 (i) with a State law enforcement agen18 cy; and

19 (ii) within 90 days after such effective

20 date; and

21 (B) in the case of handguns owned, pos22 sessed, or controlled after such effective date—

23 (i) with the licensed dealer (as defined

24 in section 921(a)(11) of title 18, United
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1 States Code) from whom such handgun

2 was last purchased; and

3 (ii) at the time the handgun is first

4 owned, possessed, or controlled by the

5 individual.

6 (2) IMPOSITION OF PENALTIES FOR VIOLA7 TIONS.—State law must impose the following pen8 alties for knowing violation of the registration re9 quirement specified in paragraph (1):

10 (A) NON-SERIOUS VIOLATIONS.—In the

11 case of a violation which is not a serious viola12 tion, the violator shall be imprisoned not less

13 than 1 year.

14 (B) SERIOUS VIOLATIONS.—In the case of

15 a violation which is a serious violation, the vio16 lator shall be imprisoned not less than 12 years.

17 (3) DEFINITION OF SERIOUS VIOLATION.—

18 State law must define a serious violation of the reg19 istration requirement specified in paragraph (1) to

20 be any violation with respect to which 2 or more of

21 the following conditions are satisfied:

22 (A) MULTIPLE UNREGISTERED HAND23 GUNS.—The violation consists of the violator

24 possessing, owning, or controlling 2 or more un25 registered handguns.
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1 (B) UNREGISTERED HANDGUN IS OF HIGH

2 CALIBER.—The caliber of any handgun which is

3 the subject of the violation is greater than 0.22.

4 (C) VIOLATOR HAS PREVIOUS FELONY OR

5 FIREARMS CONVICTION.—The violator has been

6 previously convicted of a felony, or of a viola7 tion of any Federal or State law relating to

8 firearms.

9 (D) UNREGISTERED HANDGUN READILY

10 ACCESSIBLE TO VIOLATOR.—Any handgun

11 which is the subject of the violation was readily

12 accessible to the violator at the time of the vio13 lation.

14 (4) EASILY RETRIEVABLE RECORD OF HAND15 GUNS.—State law must require the State to main16 tain an easily retrievable record identifying—

17 (A) each individual who—

18 (i) resides, or regularly or frequently

19 appears, in the State; and

20 (ii) possesses, owns, or controls a

21 handgun; and

22 (B) such handgun.

23 SEC. 3. FEDERAL HANDGUN REGISTRATION SYSTEM.

24 (a) ESTABLISHMENT.—The Attorney General shall

25 establish a Federal handgun registration system which
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1 contains, in an easily retrievable record, information suffi2 cient to identify—

3 (1) each resident of each State to which this

4 subsection applies who owns, possesses, or controls

5 a handgun; and

6 (2) such handgun.

7 (b) HANDGUN REGISTRATION REQUIREMENT.—

8 Chapter 44 of title 18, United States Code, is amended

9 by adding at the end the following:

10 ‘‘§ 931. Registration of handguns

11 ‘‘(a) Each individual who owns, possesses, or controls

12 a handgun in any State to which this section applies by

13 reason of section 2(a) of the Handgun Registration Act

14 of 1995 shall register such handgun—

15 ‘‘(1) in the case of handguns owned, possessed,

16 or controlled on or before the effective date of

17 this section—

18 ‘‘(A) with a Federal, State, or local law en19 forcement agency or the licensed dealer, if any,

20 from whom such handgun was last purchased;

21 and

22 ‘‘(B) within 90 days after such effective

23 date; and

24 ‘‘(2) in the case of handguns owned, possessed,

25 or controlled after such effective date—
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1 ‘‘(A) with the licensed dealer from whom

2 such handgun was last purchased; and

3 ‘‘(B) at the time the handgun is first

4 owned, possessed, or controlled by the individ5 ual.

6 ‘‘(b) Whoever knowingly violates subsection (a) shall

7 be fined not more than $250,000, imprisoned not less than

8 15 years, or both. The court shall not suspend a sentence

9 of imprisonment imposed for an offense under this section,

10 and shall not impose a probationary sentence for an of11 fense under this section.

12 ‘‘(c) As used in subsection (a):

13 ‘‘(1) The term ‘handgun’ means a pistol or re14 volver originally designed to be fired by the use of

15 a single hand and which is designed to fire or capa16 ble of firing fixed cartridge ammunition, and any

17 other firearm originally designed to be fired by the

18 use of a single hand.

19 ‘‘(2) The term ‘State’ includes the District of

20 Columbia and the territories and possessions of the

21 United States.’’.

22 (c) EFFECTIVE DATE.—The amendment made by

23 subsection (b) shall apply to conduct engaged in 2 or more

24 years after the date of the enactment of this Act.
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1 SEC. 4. TERMINATION OF CERTAIN FEDERAL ASSISTANCE.

2 The Attorney General shall order the termination of

3 all assistance under each of parts D, E, and G of title

4 I of the Omnibus Crime Control and Safe Streets Act of

5 1968 to each State, and each recipient in such State, dur6 ing any period in which the Federal handgun registration

7 system established under section 3(a) of this Act applies

8 to such State.

9 SEC. 5. DEFINITIONS.

10 As used in this Act:

11 (1) HANDGUN.—The term ‘‘handgun’’ means a

12 pistol or revolver originally designed to be fired by

13 the use of a single hand and which is designed to

14 fire or capable of firing fixed cartridge ammunition,

15 and any other firearm (as defined in section

16 921(a)(3) of title 18, United States Code) originally

17 designed to be fired by the use of a single hand.

18 (2) STATE.—The term ‘‘State’’ includes the

19 District of Columbia and the territories and posses20 sions of the United States.

Æ