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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1025 Received in Senate (RDS)]

103d CONGRESS
  1st Session
                                H. R. 1025

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            November 17 (legislative day, November 2), 1993

                                Received

            November 20 (legislative day, November 2), 1993

                          Read the first time

_______________________________________________________________________

                                 AN ACT

 
 To provide for a waiting period before the purchase of a handgun, and 
 for the establishment of a national instant criminal background check 
 system to be contacted by firearms dealers before the transfer of any 
                                firearm.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brady Handgun Violence Prevention 
Act''.

SEC. 2. FEDERAL FIREARMS LICENSEE REQUIRED TO CONDUCT CRIMINAL 
              BACKGROUND CHECK BEFORE TRANSFER OF FIREARM TO 
              NONLICENSEE.

    (a) Interim Provision.--
            (1) In general.--Section 922 of title 18, United States 
        Code, is amended by adding at the end the following:
    ``(s)(1) Beginning on the date that is 90 days after the date of 
enactment of this subsection and ending on the day before the date that 
is 60 months after such date of enactment it shall be unlawful for any 
licensed importer, licensed manufacturer, or licensed dealer to sell, 
deliver, or transfer a handgun to an individual who is not licensed 
under section 923, unless--
            ``(A) after the most recent proposal of such transfer by 
        the transferee--
                    ``(i) the transferor has--
                            ``(I) received from the transferee a 
                        statement of the transferee containing the 
                        information described in paragraph (3);
                            ``(II) verified the identity of the 
                        transferee by examining the identification 
                        document presented;
                            ``(III) within 1 day after the transferee 
                        furnishes the statement, provided notice of the 
                        contents of the statement to the chief law 
                        enforcement officer of the place of residence 
                        of the transferee; and
                            ``(IV) within 1 day after the transferee 
                        furnishes the statement, transmitted a copy of 
                        the statement to the chief law enforcement 
                        officer of the place of residence of the 
                        transferee; and
                    ``(ii)(I) 5 business days (as defined by days in 
                which State offices are open) have elapsed from the 
                date the transferor furnished notice of the contents of 
                the statement to the chief law enforcement officer, 
                during which period the transferor has not received 
                information from the chief law enforcement officer that 
                receipt or possession of the handgun by the transferee 
                would be in violation of Federal, State, or local law; 
                or
                    ``(II) the transferor has received notice from the 
                chief law enforcement officer that the officer has no 
                information indicating that receipt or possession of 
                the handgun by the transferee would violate Federal, 
                State, or local law;
            ``(B) the transferee has presented to the transferor a 
        written statement, issued by the chief law enforcement officer 
        of the place of residence of the transferee during the 10-day 
        period ending on the date of the most recent proposal of such 
        transfer by the transferee, stating that the transferee 
        requires access to a handgun because of a threat to the life of 
        the transferee or of any member of the household of the 
        transferee;
            ``(C)(i) the transferee has presented to the transferor a 
        permit that--
                    ``(I) allows the transferee to possess a handgun; 
                and
                    ``(II) was issued not more than 5 years earlier by 
                the State in which the transfer is to take place; and
            ``(ii) the law of the State provides that such a permit is 
        to be issued only after an authorized government official has 
        verified that the information available to such official does 
        not indicate that possession of a handgun by the transferee 
        would be in violation of the law;
            ``(D) the law of the State requires that, before any 
        licensed importer, licensed manufacturer, or licensed dealer 
        completes the transfer of a handgun to an individual who is not 
        licensed under section 923, an authorized government official 
        verify that the information available to such official does not 
        indicate that possession of a handgun by the transferee would 
        be in violation of law;
            ``(E) the Secretary has approved the transfer under section 
        5812 of the Internal Revenue Code of 1986; or
            ``(F) on application of the transferor, the Secretary has 
        certified that compliance with subparagraph (A)(i)(III) is 
        impracticable because--
                    ``(i) the ratio of the number of law enforcement 
                officers of the State in which the transfer is to occur 
                to the number of square miles of land area of the State 
                does not exceed 0.0025;
                    ``(ii) the business premises of the transferor at 
                which the transfer is to occur are extremely remote in 
                relation to the chief law enforcement officer; and
                    ``(iii) there is an absence of telecommunications 
                facilities in the geographical area in which the 
                business premises are located.
    ``(2) A chief law enforcement officer to whom a transferor has 
provided notice pursuant to paragraph (1)(A)(i)(III) shall make a 
reasonable effort to ascertain within 5 business days whether the 
transferee has a criminal record or whether there is any other legal 
impediment to the transferee's receiving a handgun, including research 
in whatever State and local recordkeeping systems are available and in 
a national system designated by the Attorney General.
    ``(3) The statement referred to in paragraph (1)(A)(i)(I) shall 
contain only--
            ``(A) the name, address, and date of birth appearing on a 
        valid identification document (as defined in section 
        1028(d)(1)) of the transferee containing a photograph of the 
        transferee and a description of the identification used;
            ``(B) a statement that transferee--
                    ``(i) is not under indictment for, and has not been 
                convicted in any court of, a crime punishable by 
                imprisonment for a term exceeding 1 year;
                    ``(ii) is not a fugitive from justice;
                    ``(iii) is not an unlawful user of or addicted to 
                any controlled substance (as defined in section 102 of 
                the Controlled Substances Act);
                    ``(iv) has not been adjudicated as a mental 
                defective or been committed to a mental institution;
                    ``(v) is not an alien who is illegally or 
                unlawfully in the United States;
                    ``(vi) has not been discharged from the Armed 
                Forces under dishonorable conditions; and
                    ``(vii) is not a person who, having been a citizen 
                of the United States, has renounced such citizenship;
            ``(C) the date the statement is made; and
            ``(D) notice that the transferee intends to obtain a 
        handgun from the transferor.
    ``(4) Any transferor of a handgun who, after such transfer, 
receives a report from a chief law enforcement officer containing 
information that receipt or possession of the handgun by the transferee 
violates Federal, State, or local law shall immediately communicate all 
information the transferor has about the transfer and the transferee 
to--
            ``(A) the chief law enforcement officer of the place of 
        business of the transferor; and
            ``(B) the chief law enforcement officer of the place of 
        residence of the transferee.
    ``(5) Any transferor who receives information, not otherwise 
available to the public, in a report under this subsection shall not 
disclose such information except to the transferee, to law enforcement 
authorities, or pursuant to the direction of a court of law.
    ``(6)(A) Any transferor who sells, delivers, or otherwise transfers 
a handgun to a transferee shall retain the copy of the statement of the 
transferee with respect to the handgun transaction, and shall retain 
evidence that the transferor has complied with subclauses (III) and 
(IV) of paragraph (1)(A)(i) with respect to the statement.
    ``(B) Unless the chief law enforcement officer to whom a statement 
is transmitted under paragraph (1)(A)(i)(IV) determines that a 
transaction would violate Federal, State, or local law--
            ``(i) the officer shall, within 20 business days after the 
        date the transferee made the statement on the basis of which 
        the notice was provided, destroy the statement and any record 
        containing information derived from the statement;
            ``(ii) the information contained in the statement shall not 
        be conveyed to any person except a person who has a need to 
        know in order to carry out this subsection; and
            ``(iii) the information contained in the statement shall 
        not be used for any purpose other than to carry out this 
        subsection.
    ``(C) If a chief law enforcement officer determines that an 
individual is ineligible to receive a handgun and the individual 
requests the officer to provide the reasons for the determination, the 
officer shall provide such reasons to the individual within 20 business 
days after receipt of the request.
    ``(7) A chief law enforcement officer or other person responsible 
for providing criminal history background information pursuant to this 
subsection shall not be liable in an action at law for damages--
            ``(A) for failure to prevent the sale or transfer of a 
        handgun to a person whose receipt or possession of the handgun 
        is unlawful under this section; or
            ``(B) for preventing such a sale or transfer to a person 
        who may lawfully receive or possess a handgun.
    ``(8) For purposes of this subsection, the term `chief law 
enforcement officer' means the chief of police, the sheriff, or an 
equivalent officer or the designee of any such individual.
    ``(9) The Secretary shall take necessary actions to ensure that the 
provisions of this subsection are published and disseminated to 
licensed dealers, law enforcement officials, and the public.''.
            (2) Handgun defined.--Section 921(a) of such title is 
        amended by adding at the end the following:
    ``(29) The term `handgun' means--
            ``(A) a firearm which has a short stock and is designed to 
        be held and fired by the use of a single hand; and
            ``(B) any combination of parts from which a firearm 
        described in subparagraph (A) can be assembled.''.
    (b) Permanent Provision.--Section 922 of title 18, United States 
Code, as amended by subsection (a)(1) of this section, is amended by 
adding at the end the following:
    ``(t)(1) Beginning on the date that is 30 days after the Attorney 
General notifies licencees under section 3(e) of the Brady Handgun 
Violence Prevention Act that the national instant criminal background 
check system is established, a licensed importer, licensed 
manufacturer, or licensed dealer shall not transfer a firearm to any 
other person who is not such a licensee, unless--
            ``(A) before the completion of the transfer, the licensee 
        contacts the national instant criminal background check system 
        established under section 3 of such Act;
            ``(B)(i) the system provides the licensee with a unique 
        identification number; or
            ``(ii) 1 business day (as defined in subsection (s)(8)(B)) 
        has elapsed since the end of the business day on which the 
        licensee contacted the system, and the system has not notified 
        the licensee that the receipt of the handgun by such other 
        person would violate subsection (g) or (n) of this section or 
        any State or local law; and
            ``(C) the transferor has verified the identity of the 
        transferee by examining a valid identification document (as 
        defined in section 1028(d)(1) of this title) of the transferee 
        containing a photograph of the transferee.
    ``(2) Paragraph (1) shall not apply to a firearm transfer between a 
licensee and another person if--
            ``(A)(i) such other person has presented to the licensee a 
        permit that--
                    ``(I) allows such other person to possess a 
                firearm; and
                    ``(II) was issued not more than 5 years earlier by 
                the State in which the transfer is to take place; and
            ``(ii) the law of the State provides that such a permit is 
        to be issued only after an authorized government official has 
        verified that the information available to such official does 
        not indicate that possession of a firearm by such other person 
        would be in violation of law;
            ``(B) the Secretary has approved the transfer under section 
        5812 of the Internal Revenue Code of 1986; or
            ``(C) on application of the transferor, the Secretary has 
        certified that compliance with paragraph (1)(A) is 
        impracticable because--
                    ``(i) the ratio of the number of law enforcement 
                officers of the State in which the transfer is to occur 
                to the number of square miles of land area of the State 
                does not exceed 0.0025;
                    ``(ii) the business premises of the licensee at 
                which the transfer is to occur are extremely remote in 
                relation to the chief law enforcement officer (as 
                defined in subsection (s)(8)); and
                    ``(iii) there is an absence of telecommunications 
                facilities in the geographical area in which the 
                business premises are located.
    ``(3) If the national instant criminal background check system 
notifies the licensee that the information available to the system does 
not demonstrate that the receipt of a firearm by such other person 
would violate subsection (g) or (n), and the licensee transfers a 
firearm to such other person, the licensee shall include in the record 
of the transfer the unique identification number provided by the system 
with respect to the transfer.
    ``(4) In addition to the authority provided under section 923(e), 
if the licensee knowingly transfers a firearm to such other person and 
knowingly fails to comply with paragraph (1) of this subsection with 
respect to the transfer and, at the time such other person most 
recently proposed the transfer, the national instant criminal 
background check system was operating and information was available to 
the system demonstrating that receipt of a firearm by such other person 
would violate subsection (g) or (n) of this section, the Secretary may, 
after notice and opportunity for a hearing, suspend for not more than 6 
months or revoke any license issued to the licensee under section 923, 
and may impose on the licensee a civil fine of not more than $5,000.
    ``(5) Neither a local government nor an employee of the Federal 
Government or of any State or local government, responsible for 
providing information to the national instant criminal background check 
system shall be liable in an action at law for damages--
            ``(A) for failure to prevent the sale or transfer of a 
        handgun to a person whose receipt or possession of the handgun 
        is unlawful under this section; or
            ``(B) for preventing such a sale or transfer to a person 
        who may lawfully receive or possess a handgun.''.
    (c) Penalty.--Section 924(a) of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``paragraph (2) or (3) 
        of''; and
            (2) by adding at the end the following:
    ``(5) Whoever knowingly violates subsection (s) or (t) of section 
922 shall be fined not more than $1,000, imprisoned for not more than 1 
year, or both.''.

SEC. 3. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

    (a) Establishment of System.--Not later than 60 months after the 
date of the enactment of this Act, the Attorney General of the United 
States shall establish a national instant criminal background check 
system that any licensee may contact for information on whether receipt 
of a firearm by a prospective transferee thereof would violate 
subsection (g) or (n) of section 922 of title 18, United States Code, 
or any State or local law.
    (b) Expedited Action by the Attorney General.--The Attorney General 
shall expedite--
            (1) the upgrading and indexing of State criminal history 
        records in the Federal criminal records system maintained by 
        the Federal Bureau of Investigation;
            (2) the development of hardware and software systems to 
        link State criminal history check systems into the national 
        instant criminal background check system established by the 
        Attorney General pursuant to this section; and
            (3) the current revitalization initiatives by the Federal 
        Bureau of Investigation for technologically advanced 
        fingerprint and criminal records identification.
    (c) Provision of State Criminal Records to the National Instant 
Criminal Background Check System.--Not later than 6 months after the 
date of enactment of this Act, the Attorney General shall--
            (1) determine the type of computer hardware and software 
        that will be used to operate the national instant criminal 
        background check system and the means by which State criminal 
        records systems will communicate with the national system, 
        which shall be based upon the Interstate Identification Index 
        (``III'') unless the Attorney General finds that the III will 
        not provide a satisfactory basis for the national instant 
        criminal background check system;
            (2) investigate the criminal records system of each State 
        and determine for each State a timetable by which the State 
        should be able to provide criminal records on an on line 
        capacity basis to the national system; and
            (3) notify each State of the determinations made pursuant 
        to paragraphs (1) and (2).
    (d) Operation of the System.--
            (1) General rule.--If a licensee contacts the national 
        instant criminal background check system with respect to a 
        firearm transfer, the system shall, during the contact or by 
        return contact without delay--
                    (A) review available criminal history records to 
                determine whether receipt of a firearm by the 
                prospective transferee would violate subsection (g) or 
                (n) of section 922 of title 18, United States Code, or 
                any State or local law; and
                    (B)(i) if the receipt would not be such a 
                violation--
                            (I) assign a unique identification number 
                        to the transfer;
                            (II) provide the licensee with the 
                        identification number; and
                            (III) immediately destroy all records of 
                        the system with respect to the contact (other 
                        than the identification number and the date the 
                        number was assigned) and all records of the 
                        system relating to the transferee or the 
                        transfer or derived therefrom; or
                    (ii) if the receipt would be such a violation--
                            (I) notify the licensee that the receipt 
                        would be such a violation; and
                            (II) maintain the records created by the 
                        system with respect to the proposed transfer.
            (2) Special rule.--If a licensee contacts the national 
        instant criminal background check system with respect to a 
        firearms transfer and the system is unable to comply with 
        paragraph (1) during the contact or by return contact without 
        delay, then the system shall comply with paragraph (1) not 
        later than the end of the next business day.
    (e) Notification of Licensees.--On establishment of the system 
under this section, the Attorney General shall notify each licensee and 
the chief law enforcement officer of each State of the existence and 
purpose of the system and the means to be used to contact the system.
    (f) Administrative Provisions.--
            (1) Authority to obtain official information.--
        Notwithstanding any other law, the Attorney General may secure 
        directly from any department or agency of the United States 
        such information on persons for whom receipt of a firearm would 
        violate subsection (g) or (n) of section 922 of title 18, 
        United States Code, or any State or local law, as is necessary 
        to enable the system to operate in accordance with this 
        section. On request of the Attorney General, the head of such 
        department or agency shall furnish such information to the 
        system.
            (2) Other authority.--The Attorney General shall develop 
        such computer software, design and obtain such 
        telecommunications and computer hardware, and employ such 
        personnel, as are necessary to establish and operate the system 
        in accordance with this section.
    (g) Correction of Erroneous System Information.--If the system 
established under this section informs an individual contacting the 
system that receipt of a firearm by a prospective transferee would 
violate subsection (g) or (n) of section 922 of title 18, United States 
Code, or any State or local law, the prospective transferee may request 
the Attorney General to provide the prospective transferee with the 
reasons therefor. Upon receipt of such a request, the Attorney General 
shall immediately comply with the request. The prospective transferee 
may submit to the Attorney General information to correct, clarify, or 
supplement records of the system with respect to the prospective 
transferee. After receipt of such information, the Attorney General 
shall immediately consider the information, investigate the matter 
further, and correct all erroneous Federal records relating to the 
prospective transferee and give notice of the error to any Federal 
department or agency or any State that was the source of such erroneous 
records.
    (h) Regulations.--After 90 days notice to the public and an 
opportunity for hearing by interested parties, the Attorney General 
shall prescribe regulations to ensure the privacy and security of the 
information of the system established under this section.
    (i) Prohibitions Relating to Establishment of Registration Systems 
With Respect to Firearms.--No department, agency, officer, or employee 
of the United States may--
            (1) require that any record or portion thereof maintained 
        by the system established under this section be recorded at or 
        transferred to a facility owned, managed, or controlled by the 
        United States or any State or political subdivision thereof; or
            (2) use the system established under this section to 
        establish any system for the registration of firearms, firearm 
        owners, or firearm transactions or dispositions, except with 
        respect to persons prohibited by section 922 (g) or (n) of 
        title 18, United States Code, from receiving a firearm.
    (j) Definitions.--As used in this section:
            (1) Licensee.--The term ``licensee'' means a licensed 
        importer, licensed manufacturer, or licensed dealer under 
        section 923 of title 18, United States Code.
            (2) Other terms.--The terms ``firearm'', ``licensed 
        importer'', ``licensed manufacturer'', and ``licensed dealer'' 
        have the meanings stated in section 921(a) (3), (9), (10), and 
        (11), respectively, of title 18, United States Code.

SEC. 4. REMEDY FOR ERRONEOUS DENIAL OF HANDGUN.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by inserting after section 925 the following:
``Sec. 925A. Remedy for erroneous denial of handgun
    ``Any person who is denied a handgun pursuant to section 922(s) of 
this title due to the provision of erroneous information relating to 
the person by any State or political subdivision thereof, or by the 
national instant criminal background check system established under 
section 3(a) of the Brady Handgun Violence Prevention Act, and who has 
exhausted the administrative remedies available for the correction of 
such erroneous information, may bring an action against any official of 
the State or political subdivision responsible for providing the 
erroneous information, or against the United States, as the case may 
be, for an order directing that the erroneous information be corrected. 
In any action under this section, the court, in its discretion, may 
allow the prevailing party a reasonable attorney's fee as part of the 
costs.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended by inserting after the item relating to section 925 the 
following:

``925A. Remedy for erroneous denial of handgun.''.

SEC. 5. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS.

    (a) Use of Formula Grants.--Section 509(b) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3759(b)) 
is amended--
            (1) in paragraph (2) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) the improvement of State record systems and the 
        sharing with the Attorney General of all of the records 
        described in paragraphs (1), (2), and (3) of this subsection 
        and the records required by the Attorney General under section 
        3 of the Brady Handgun Violence Prevention Act, for the purpose 
        of implementing such Act.''.
    (b) Additional Funding.--
            (1) Grants for the improvement of criminal records.--The 
        Attorney General, through the Bureau of Justice Statistics, 
        shall, subject to appropriations and with preference to States 
        that as of the date of enactment of this Act have the lowest 
        percent currency of case dispositions in computerized criminal 
        history files, make a grant to each State to be used--
                    (A) for the creation of a computerized criminal 
                history record system or improvement of an existing 
                system;
                    (B) to improve accessibility to the national 
                instant criminal background system; and
                    (C) upon establishment of the national system, to 
                assist the State in the transmittal of criminal records 
                to the national system.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated for grants under paragraph (1) a total of 
        $100,000,000 for fiscal year 1992 and all fiscal years 
        thereafter.

            Passed the House of Representatives November 10, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
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