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105TH CONGRESS

2D SESSION S. 2175

To safeguard the privacy of certain identification records and name checks,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 16, 1998

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

to the Committee on the Judiciary

A BILL

To safeguard the privacy of certain identification records

and name checks, 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 cited as the ‘‘Firearms Owner Pri5 vacy Act of 1998’’.

6 SEC. 2. UNLAWFUL RETENTION OF FIREARMS TRANSFER

7 INFORMATION.

8 (a) IN GENERAL.—Chapter 93 of title 18, United

9 States Code, is amended by adding at the end the follow10 ing:
2

•S 2175 IS

1 ‘‘§ 1925. Unlawful retention of federal firearms trans2 fer information

3 ‘‘(a) DEFINITIONS.—In this section—

4 ‘‘(1) the term ‘firearm’ has the same meaning

5 as in section 921(a);

6 ‘‘(2) the term ‘instant check information’—

7 ‘‘(A) means any information—

8 ‘‘(i) provided to the instant check sys9 tem about an individual seeking to obtain

10 a firearm; or

11 ‘‘(ii) derived from any information

12 provided as described in clause (i); and

13 ‘‘(B) does not include any unique identi14 fication number provided by the instant check

15 system pursuant to section 922(t)(1)(B)(i), or

16 the date on which that number is provided; and

17 ‘‘(3) the term ‘instant check system’ means the

18 national instant criminal background check system

19 established under section 103 of the Brady Handgun

20 Violence Prevention Act (18 U.S.C. 922 note).

21 ‘‘(b) PROHIBITIONS AND PENALTIES.—

22 ‘‘(1) INFORMATION RELATING TO INDIVIDUALS

23 NOT PROHIBITED FROM RECEIVING A FIREARM.—

24 Whoever, being an officer, employee, contractor, con25 sultant, or agent of the United States, including a
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•S 2175 IS

1 State or local employee or officer acting on behalf of

2 the United States, in that capacity—

3 ‘‘(A) receives instant check information, in

4 any form or through any medium, about an in5 dividual who is determined, through the use of

6 the instant check system, not to be prohibited

7 by subsection (g) or (n) of section 922, or by

8 State law, from receiving a firearm; and

9 ‘‘(B) knowingly retains or transfers to an10 other person that information after the 24-hour

11 period beginning with such receipt;

12 shall be fined not more than $250,000, imprisoned

13 not more than 10 years, or both.

14 ‘‘(2) INFORMATION RELATING TO INDIVIDUALS

15 PROHIBITED BY LAW FROM RECEIVING A FIRE16 ARM.—

17 ‘‘(A) IN GENERAL.—Except as provided in

18 subparagraph (B), whoever, being an officer,

19 employee, contractor, consultant, or agent of

20 the United States, including a State or local

21 employee or officer acting on behalf of the

22 United States, in that capacity—

23 ‘‘(i) receives instant check informa24 tion, in any form or through any medium,

25 about an individual who is prohibited by
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•S 2175 IS

1 Federal or State law from receiving a fire2 arm; and

3 ‘‘(ii) knowingly retains or transfers to

4 another person that information after the

5 5-year period beginning with such receipt;

6 shall be fined not more than $250,000, impris7 oned not more than 10 years, or both.

8 ‘‘(B) INAPPLICABILITY TO INFORMATION

9 RELATING TO CERTAIN INDIVIDUALS.—Sub10 paragraph (A) does not apply to any informa11 tion about an individual if a criminal prosecu12 tion has been commenced against the individual

13 on the basis of that information.’’.

14 (b) CLERICAL AMENDMENT.—The analysis for chap15 ter 93 of title 18, United States Code, is amended by add16 ing at the end the following:

‘‘1925. Unlawful retention of Federal firearms transfer information.’’.

17 SEC. 3. EFFECTIVE DATE.

18 The amendments made by this Act shall take effect

19 on November 30, 1998.

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