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103D CONGRESS

1ST SESSION H. R. 3268

To amend title 18, United States Code, to reform the laws relating to

Federal firearms licenses and licensees.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 13, 1993

Mr. COMBEST (for himself, Mr. OBERSTAR, Mr. EMERSON, and Mr.

SARPALIUS) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to reform the laws

relating to Federal firearms licenses and licensees.

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 ‘‘Federal Firearms Li5 cense Reform Act of 1993’’.

6 SEC. 2. PREVENTION OF THEFT OF FIREARMS.

7 (a) PROHIBITION AGAINST LABELLING OF CONTAIN8 ERS CONTAINING FIREARMS.—Section 922(e) of title 18,

9 United States Code, is amended—

10 (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and
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1 (2) by adding at the end the following:

2 ‘‘(2) It shall be unlawful for any common or contract

3 carrier to require or cause to be placed on the outside of

4 any package, luggage, or other container any label, tag,

5 or other written notice that the package, luggage, or other

6 container contains a firearm.’’.

7 (b) DUTY TO OBTAIN WRITTEN ACKNOWLEDGE8 MENT OF RECEIPT OF CONTAINERS CONTAINING FIRE9 ARMS.—Section 922(f) of such title is amended—

10 (1) by inserting ‘‘(1)’’ after ‘‘(f)’’; and

11 (2) by adding at the end the following:

12 ‘‘(2) It shall be unlawful for any common or contract

13 carrier to deliver in interstate or foreign commerce any

14 firearm without obtaining written acknowledgement of re15 ceipt of the firearm from the recipient of the firearm.’’.

16 (c) PERSONAL TRANSFER OF FIREARMS BETWEEN

17 LICENSEES OUTSIDE THEIR BUSINESS PREMISES.—Sec18 tion 923(c) of such title is amended by inserting after the

19 1st sentence the following: ‘‘Notwithstanding any other

20 provision of this chapter, a person licensed under this sec21 tion may, in person, transfer or deliver firearms to, and

22 receive firearms from, another such person at any location

23 without regard to the State specified on the license.’’.

24 (d) PROHIBITION AGAINST STEALING FIREARMS

25 FROM CERTAIN LICENSEES.—
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1 (1) PROHIBITION.—Section 922 of such title is

2 amended by adding at the end the following:

3 ‘‘(s) It shall be unlawful for a person to steal, unlaw4 fully convert, or take by fraud from the person or the

5 premises of a licensed importer, licensed manufacturer, or

6 licensed dealer any firearm in the business inventory of

7 the licensee which has been shipped or transported in

8 interstate or foreign commerce.’’.

9 (2) PENALTIES.—Section 924 of such title is

10 amended by adding at the end the following:

11 ‘‘(i)(1) Whoever knowingly violates section 922(s)

12 shall be fined not more than $10,000, imprisoned not

13 more than 10 years, or both.

14 ‘‘(2) Whoever, during and in relation to a robbery (as

15 defined in section 1951(b)(1)) or riot (as defined in sec16 tion 2102(a)), knowingly violates section 922(s) shall be

17 sentenced to imprisonment for 30 years, or, if a death re18 sults, to life imprisonment without release or to death.’’.

19 SEC. 3. 3-YEAR LICENSE TO DEAL IN FIREARMS; INCREASE

20 IN APPLICATION FEE.

21 Section 923(a)(3) of title 18, United States Code, is

22 amended—

23 (1) in subparagraph (B)—

24 (A) by striking ‘‘who is a pawnbroker deal25 ing’’; and
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1 (B) by striking ‘‘$25 per year; or’’ and in2 serting ‘‘$150 for an original license for 3

3 years, or $75 for the renewal of a license for 3

4 years.’’; and

5 (2) by striking subparagraph (C).

6 SEC. 4. FEDERAL FIREARMS LICENSEES REQUIRED TO

7 REPORT THEFT OF FIREARMS FROM THE

8 INVENTORY OR COLLECTION OF THE

9 LICENSEE.

10 Section 923(g) of title 18, United States Code, is

11 amended by adding at the end the following:

12 ‘‘(6)(A) Within 5 business days after a person li13 censed under this section discovers the theft of a firearm

14 from the inventory or collection of the licensee, the licensee

15 shall report the theft to the chief law enforcement officer

16 of the place of business of the licensee.

17 ‘‘(B) For purposes of subparagraph (A), the term

18 ‘chief law enforcement officer’ means the chief of police,

19 the sheriff, or an equivalent officer, or the designee of any

20 such individual.’’.

21 SEC. 5. RESPONSES TO REQUESTS FOR INFORMATION.

22 Section 923(g) of title 18, United States Code, as

23 amended by section 4 of this Act, is amended by adding

24 at the end the following:
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1 ‘‘(7) Not later than 5 business days after a licensee

2 receives from the Secretary a written or in-person request

3 therefor, the licensee shall provide the Secretary with such

4 information contained in the records required to be kept

5 by the licensee under this chapter as may be required for

6 determining the disposition of 1 or more firearms. The

7 licensee shall provide the information orally or in writing,

8 as the Secretary may require.’’.

9 SEC. 6. EXPANDED DEFINITION OF CURIOS OR RELICS.

10 (a) IN GENERAL.—Section 921(a) of title 18, United

11 States Code, is amended by adding at the end the follow12 ing:

13 ‘‘(29) The term ‘curios or relics’ means fire14 arms so designated by the Secretary by regulation,

15 and firearms manufactured in or before the calendar

16 year 1946 acquired for a personal collection and not

17 as business inventory or for resale for livelihood and

18 profit.’’.

19 (b) CONFORMING AMENDMENT.—Section 921(a)(13)

20 of such title is amended by striking ‘‘as the Secretary shall

21 by regulation define,’’.

22 SEC. 7. EXPANDED DEFINITION OF ANTIQUE FIREARMS.

23 Section 921(a)(16)(A) of title 18, United States

24 Code, is amended by striking ‘‘1898’’ and inserting

25 ‘‘1918’’.
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1 SEC. 8. APPLICANT FOR FEDERAL FIREARMS LICENSE RE2 QUIRED TO NOTIFY LOCAL LAW ENFORCE3 MENT AUTHORITIES OF INTENTION TO

4 APPLY FOR THE LICENSE.

5 Section 923(d)(1)(E) of title 18, United States Code,

6 is amended by inserting before the comma the following:

7 ‘‘and the applicant has certified on the application that

8 the applicant has sent or delivered notice, on a form pre9 scribed by the Secretary, to the chief law enforcement offi10 cer (as defined in subsection (g)(6)(B)) of the locality in

11 which the premises are located, that the applicant intends

12 to apply for a Federal firearms license’’.

13 SEC. 9. PROVISION TO LICENSEES OF RULES GOVERNING

14 FIREARMS.

15 Section 926 of title 18, United States Code, is

16 amended—

17 (1) by inserting at the end of subsection (b) the

18 following: ‘‘No such rule or regulation shall be effec19 tive until 30 days after a copy thereof has been pro20 vided to all persons licensed under this chapter.’’;

21 and

22 (2) by adding at the end the following:

23 ‘‘(d)(1)(A) Upon the effective date of this subsection,

24 the Secretary shall publish and provide to all licensees a

25 compilation of the State laws and published ordinances

26 which are relevant to compliance with this chapter.
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1 ‘‘(B) Each year thereafter, the Secretary shall pub2 lish and provide to licensees all amendments to such State

3 laws and published ordinances.

4 ‘‘(2) If the Secretary fails to provide to a licensee the

5 information required to be provided under this subsection,

6 then, in any proceeding for the revocation of the license

7 or any criminal prosecution of the licensee under this

8 chapter, the licensee shall be rebuttably presumed to have

9 had no knowledge of any State law or published ordinance

10 that is relevant to the revocation proceeding or criminal

11 prosecution.

12 ‘‘(e)(1) The Secretary shall provide a copy of all regu13 lations prescribed and official rulings made under this

14 chapter, and all regulations prescribed and official rulings

15 made under chapter 53 of the Internal Revenue Code of

16 1986, to each person licensed under this chapter—

17 ‘‘(A) in the case of a person who became so li18 censed before the effective date of this subsection, as

19 soon as is practicable after such effective date; or

20 ‘‘(B) in the case of a person who becomes so li21 censed after such effective date, upon the issuance

22 of the license.

23 ‘‘(2) Not less frequently than quarterly, the Secretary

24 shall provide to each person licensed under this chapter

25 a copy of all changes in the regulations, and all new rul-
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1 ings, referred to in paragraph (1) since the most recent

2 provision of information to the person under this sub3 section.

4 ‘‘(f) The Secretary shall publish and provide to each

5 person licensed under this chapter, at such times as the

6 Secretary shall deem necessary, the name and license

7 number of any person whose license under this chapter

8 has been revoked.’’.

9 SEC. 10. REGISTRATION TO REQUIRE PHOTOGRAPH AND

10 FINGERPRINTS.

11 Section 5802 of the National Firearms Act is amend12 ed by inserting after the 1st sentence the following: ‘‘An

13 individual required to register under this section shall at

14 the time of such registration, provide a photograph and

15 fingerprints of the individual obtained from law enforce16 ment authorities.’’.

17 SEC. 11. ATTORNEY’S FEE PAYABLE IN CASES OF UNAU18 THORIZED DENIAL OR REVOCATION OF LI19 CENSE.

20 Section 923(f)(3) of title 18, United States Code, is

21 amended by inserting ‘‘, and shall award the prevailing

22 party, other than the United States, a reasonable attor23 ney’s fee for which the United States shall be liable’’ be24 fore the period.

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