II

106TH CONGRESS

1ST SESSION S. 457

To amend section 922(t) of title 18, United States Code, to require the

reporting of information to the chief law enforcement officer of the

buyer’s residence and to require a minimum 72-hour waiting period

before the purchase of a handgun, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 24, 1999

Mr. DURBIN (for himself, Mr. CHAFEE, Mr. SCHUMER, Mr. LAUTENBERG,

Mr. TORRICELLI, Mr. REED, Mrs. BOXER, and Mr. DODD) introduced

the following bill; which was read twice and referred to the Committee

on the Judiciary

A BILL

To amend section 922(t) of title 18, United States Code,

to require the reporting of information to the chief law

enforcement officer of the buyer’s residence and to require a minimum 72-hour waiting period before the purchase of a handgun, and for other purposes.

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 referred to as the ‘‘Permanent

5 Brady Waiting Period Act of 1999’’.
2

•S 457 IS

1 SEC. 2. ESTABLISHMENT OF MINIMUM 72-HOUR HANDGUN

2 PURCHASE WAITING PERIOD.

3 Section 922(t) of title 18, United States Code, is

4 amended—

5 (1) in paragraph (1)—

6 (A) in subparagraph (A)—

7 (i) by striking ‘‘before the completion

8 of the transfer, the licensee’’ and inserting

9 ‘‘after the most recent proposal of the

10 transfer by the transferee, the licensee, as

11 expeditiously as is feasible,’’; and

12 (ii) by inserting ‘‘and the chief law en13 forcement officer of the place of residence

14 of the transferee’’ after ‘‘Act’’;

15 (B) in subparagraph (B)(ii)—

16 (i) by striking ‘‘3’’ and inserting ‘‘5’’;

17 and

18 (ii) by striking ‘‘and’’ at the end;

19 (C) in subparagraph (C), by striking the

20 period at the end and inserting ‘‘; and’’; and

21 (D) by adding at the end the following:

22 ‘‘(D) if the firearm is a handgun—

23 ‘‘(i) not less than 72 hours have elapsed

24 since the licensee contacted the system;

25 ‘‘(ii) the transferee has presented to the

26 transferor a written statement, issued by the
3

•S 457 IS

1 chief law enforcement officer of the place of res2 idence of the transferee during the 10-day pe3 riod ending on the date of the most recent pro4 posal of such transfer by the transferee, stating

5 that the transferee requires access to a hand6 gun because of a threat to the life of the trans7 feree or of a member of the household of the

8 transferee; or

9 ‘‘(iii) the law of the State in which the pro10 posed transfer will occur requires, before any li11 censed importer, licensed manufacturer, or li12 censed dealer completes the transfer of a hand13 gun to an individual who is not licensed under

14 section 923, that an authorized State or local

15 official verify that the information available to

16 the official does not indicate that possession of

17 a handgun by the transferee would be in viola18 tion of the law, and the authorized State or

19 local official has provided such verification in

20 accordance with that law.’’; and

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

22 ‘‘(7) In this subsection, the term ‘chief law enforce23 ment officer’ means the chief of police, the sheriff, or an

24 equivalent officer of a law enforcement agency, or the des25 ignee of any such officer.
4

•S 457 IS

1 ‘‘(8) A chief law enforcement officer who is contacted

2 under paragraph (1)(A) with respect to the proposed

3 transfer of a firearm shall, not later than 20 business days

4 after the date on which the contact occurs, destroy any

5 statement or other record containing information derived

6 from the contact, unless the chief law enforcement officer

7 determines that the transfer would violate Federal, State,

8 or local law.

9 ‘‘(9) The Secretary of the Treasury shall promulgate

10 regulations regarding the manner in which information

11 shall be transmitted by licensees to the national instant

12 criminal background check system under paragraph

13 (1)(A).’’.

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