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103D CONGRESS

1ST SESSION H. R. 711

To amend title 18, United States Code, to ensure that handguns are available

only to persons with demonstrated knowledge and skill in their safe

use, maintenance, and storage.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 2, 1993

Mr. GONZALEZ introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend title 18, United States Code, to ensure that handguns are available only to persons with demonstrated

knowledge and skill in their safe use, maintenance, and

storage.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. HANDGUNS AVAILABLE ONLY TO PERSONS

2 WITH DEMONSTRATED KNOWLEDGE AND

3 SKILL IN THEIR SAFE USE, MAINTENANCE,

4 AND STORAGE.

5 (a) IN GENERAL.—Section 923 of title 18, United

6 States Code, is amended by adding at the end the follow7 ing:

8 ‘‘(l)(1)(A) An individual who is not licensed under

9 this section may not possess a handgun on or after the

10 date final regulations are prescribed pursuant to para11 graph (2) unless the individual has been issued a handgun

12 permit under paragraph (2).

13 ‘‘(B) Subparagraph (A) of this paragraph shall not

14 apply to an individual who owns a handgun on the date

15 final regulations are prescribed pursuant to paragraph

16 (2), until the earlier of—

17 ‘‘(i) the first day the individual does not own

18 the handgun; or

19 ‘‘(ii) the end of the ninety-day period that be20 gins with the date the final regulations are so pre21 scribed.

22 ‘‘(2) The Secretary shall prescribe regulations provid23 ing for the issuance of a handgun permit to any individual

24 who—

25 ‘‘(A) has successfully completed a course of in26 struction, in the safe use, maintenance, and storage
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1 of handguns, offered by a Federal or State law en2 forcement agency or an entity designated by such an

3 agency to offer the instruction;

4 ‘‘(B) has attained the age of twenty-one years;

5 ‘‘(C) is not otherwise prohibited by Federal law,

6 or by the law of the State or political subdivision

7 thereof in which the individual resides, from possess8 ing a handgun; and

9 ‘‘(D) has not willfully violated any provision of

10 this chapter or any regulation issued under this

11 chapter.

12 ‘‘(3)(A) In the case of an individual’s first violation

13 of paragraph (1), the Secretary shall, after notice and op14 portunity for a hearing, impose a civil fine of not more

15 than $500 upon the individual.

16 ‘‘(B) In the case of an individual’s second or subse17 quent violation of paragraph (1), the Secretary shall, after

18 notice and opportunity for a hearing—

19 ‘‘(i) impose a civil fine of not more than $2,500

20 upon the individual; and

21 ‘‘(ii) seize the handgun.

22 ‘‘(4)(A) The Secretary shall provide written notice to

23 any individual of any action to be taken under paragraph

24 (3) with respect to the individual.
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1 ‘‘(B) If the Secretary takes an action under para2 graph (3) with respect to an individual, the Secretary

3 shall, upon request of the individual, promptly hold a hear4 ing to review the action.

5 ‘‘(C) After reviewing an action taken under para6 graph (3) with respect to an individual, the Secretary shall

7 provide written notice to the individual of any decision of

8 the Secretary to affirm, reverse, or modify the action.

9 ‘‘(D) Within sixty days after an individual receives

10 notice provided under subparagraph (C) of a decision of

11 the Secretary to affirm or modify an action taken with

12 respect to the individual, the individual may file a petition

13 in the United States district court for the district in which

14 the individual resides for review of the action.

15 ‘‘(5) As used in this subsection, the term ‘handgun’

16 means any firearm designed to be fired by the use of a

17 single hand, and any combination of parts from which

18 such a firearm can be assembled.’’.

19 (b) DEADLINE FOR ISSUANCE OF FINAL REGULA20 TIONS.—Not later than one hundred and eighty days after

21 the date of the enactment of this section, the Secretary

22 of the Treasury shall prescribe final regulations to carry

23 out section 923(l) of title 18, United States Code.

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