II

104TH CONGRESS

2D SESSION S. 1980

To prohibit the public carrying of a handgun, with appropriate exceptions

for law enforcement officials and others.

IN THE SENATE OF THE UNITED STATES

JULY 22, 1996

Mr. LAUTENBERG introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

To prohibit the public carrying of a handgun, with appropriate exceptions for law enforcement officials and others.

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 ‘‘Concealed Weapons

5 Prohibition Act of 1996’’.

6 SEC. 2. FINDINGS.

7 The Congress finds and declares that—

8 (1) crimes committed with handguns threaten

9 the peace and domestic tranquility of the United
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•S 1980 IS

1 States and reduce the security and general welfare

2 of the Nation and its people;

3 (2) crimes committed with handguns impose a

4 substantial burden on interstate commerce and lead

5 to a reduction in productivity and profitability for

6 businesses around the Nation whose workers, suppli7 ers, and customers are adversely affected by gun vio8 lence;

9 (3) the public carrying of handguns increases

10 the level of gun violence by enabling the rapid esca11 lation of otherwise minor conflicts into deadly

12 shootings;

13 (4) the public carrying of handguns increases

14 the likelihood that incompetent or careless handgun

15 users will accidently injure or kill innocent bystand16 ers;

17 (5) the public carrying of handguns poses a

18 danger to citizens of the United States who travel

19 across State lines for business or other purposes;

20 and

21 (6) all Americans have a right to be protected

22 from the dangers posed by the carrying of concealed

23 handguns, regardless of their State of residence.
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1 SEC. 3. UNLAWFUL ACT.

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

3 amended by adding at the end the following:

4 ‘‘(y)(1) Except as provided in paragraph (2), it shall

5 be unlawful for a person to carry a handgun on his or

6 her person in public.

7 ‘‘(2) Paragraph (1) shall not apply to the following:

8 ‘‘(A) A person authorized to carry a handgun

9 pursuant to State law who is—

10 ‘‘(i) a law enforcement official;

11 ‘‘(ii) a retired law enforcement official;

12 ‘‘(iii) a duly authorized private security of13 ficer;

14 ‘‘(iv) a person whose employment involves

15 the transport of substantial amounts of cash or

16 other valuable items; or

17 ‘‘(v) any other person that the Attorney

18 General determines should be allowed to carry

19 a handgun because of compelling circumstances

20 warranting an exception, pursuant to regula21 tions that the Attorney General may promul22 gate.

23 ‘‘(B) A person authorized to carry a handgun

24 pursuant to a State law that grants a person an ex25 emption to carry a handgun based on an individual26 ized determination and a review of credible evidence
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•S 1980 IS

1 that the person should be allowed to carry a hand2 gun because of compelling circumstances warranting

3 an exemption. A claim of concern about generalized

4 or unspecified risks shall not be sufficient to justify

5 an exemption.

6 ‘‘(C) A person authorized to carry a handgun

7 on his or her person under Federal law.’’.

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