II

106TH CONGRESS

2D SESSION S. 2525

To provide for the implementation of a system of licensing for purchasers

of certain firearms and for a record of sale system for those firearms,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 9, 2000

Mrs. FEINSTEIN (for herself, Mr. LAUTENBERG, Mrs. BOXER, and Mr. SCHUMER) introduced the following bill; which was read twice and referred to

the Committee on the Judiciary

A BILL

To provide for the implementation of a system of licensing

for purchasers of certain firearms and for a record of

sale system for those firearms, 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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Firearm Licensing and Record of Sale Act of 2000’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purposes.

Sec. 3. Definitions.
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TITLE I—LICENSING

Sec. 101. Licensing requirement.

Sec. 102. Application requirements.

Sec. 103. Issuance of license.

Sec. 104. Renewal of license.

Sec. 105. Revocation of license.

TITLE II—RECORD OF SALE OR TRANSFER

Sec. 201. Sale and transfer requirements for qualifying firearms.

Sec. 202. Firearm records.

TITLE III—ADDITIONAL PROHIBITIONS

Sec. 301. Universal background check requirement.

Sec. 302. Failure to maintain or permit inspection of records.

Sec. 303. Failure to report loss or theft of firearm.

Sec. 304. Failure to provide notice of change of address.

Sec. 305. Child access prevention.

TITLE IV—ENFORCEMENT

Sec. 401. Criminal penalties.

Sec. 402. Regulations.

Sec. 403. Inspections.

Sec. 404. Orders.

Sec. 405. Injunctive enforcement.

TITLE V—FIREARM INJURY INFORMATION AND RESEARCH

Sec. 501. Duties of the Secretary.

TITLE VI—EFFECT ON STATE LAW

Sec. 601. Effect on State law.

Sec. 602. Certification of State firearm licensing and record of sale systems.

TITLE VII—RELATIONSHIP TO OTHER LAW

Sec. 701. Subordination to Arms Export Control Act.

TITLE VIII—INAPPLICABILITY

Sec. 801. Inapplicability to governmental authorities.

TITLE IX—EFFECTIVE DATE

Sec. 901. Effective date of amendments.

1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) the manufacture, distribution, and importa4 tion of firearms is inherently commercial in nature;
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1 (2) firearms regularly move in interstate com2 merce;

3 (3) firearms trafficking is so prevalent and

4 widespread in and among the States that it is usu5 ally impossible to distinguish between intrastate

6 trafficking and interstate trafficking;

7 (4) to the extent that firearms trafficking is

8 intrastate in nature, it arises out of and is substan9 tially connected with a commercial transaction,

10 which, when viewed in the aggregate, substantially

11 affects interstate commerce;

12 (5) because the intrastate and interstate traf13 ficking of firearms are so commingled, full regula14 tion of interstate commerce requires the incidental

15 regulation of intrastate commerce; and

16 (6) it is in the national interest and within the

17 role of the Federal Government to ensure that the

18 regulation of firearms is uniform among the States,

19 that law enforcement can quickly and effectively

20 trace firearms used in crime, and that firearms own21 ers know how to use and safely store their firearms.

22 (b) PURPOSES.—The purposes of this Act and the

23 amendments made by this Act are—

24 (1) to protect the public against the unreason25 able risk of injury and death associated with the un-
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1 recorded sale or transfer of qualifying firearms to

2 criminals and youth;

3 (2) to ensure that owners of qualifying firearms

4 are knowledgeable in the safe use, handling, and

5 storage of those firearms;

6 (3) to restrict the availability of qualifying fire7 arms to criminals, youth, and other persons prohib8 ited by Federal law from receiving firearms; and

9 (4) to facilitate the tracing of qualifying fire10 arms used in crime by Federal and State law en11 forcement agencies.

12 SEC. 3. DEFINITIONS.

13 (a) IN GENERAL.—In this Act:

14 (1) FIREARM; LICENSED DEALER; LICENSED

15 MANUFACTURER.—The terms ‘‘firearm’’, ‘‘licensed

16 dealer’’, and ‘‘licensed manufacturer’’ have the

17 meanings given those terms in section 921(a) of title

18 18, United States Code.

19 (2) QUALIFYING FIREARM.—The term ‘‘quali20 fying firearm’’ has the meaning given the term in

21 section 921(a) of title 18, United States Code, as

22 amended by subsection (b) of this section.

23 (3) SECRETARY.—The term ‘‘Secretary’’ means

24 the Secretary of the Treasury.
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1 (4) STATE.—The term ‘‘State’’ means each of

2 the several States of the United States and the Dis3 trict of Columbia.

4 (b) AMENDMENT TO TITLE 18, UNITED STATES

5 CODE.—Section 921(a) of title 18, United States Code,

6 is amended by adding at the end the following:

7 ‘‘(35) The term ‘qualifying firearm’—

8 ‘‘(A) means—

9 ‘‘(i) any handgun ; or

10 ‘‘(ii) any semiautomatic firearm that

11 can accept any detachable ammunition

12 feeding device; and

13 ‘‘(B) does not include any antique.’’.

14 TITLE I—LICENSING

15 SEC. 101. LICENSING REQUIREMENT.

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

17 amended by inserting after subsection (y) the following:

18 ‘‘(z) FIREARM LICENSING REQUIREMENT.—

19 ‘‘(1) IN GENERAL.—It shall be unlawful for any

20 person other than a licensee to possess a qualifying

21 firearm on or after the applicable date, unless that

22 person has been issued a firearm license—

23 ‘‘(A) under title I of the Firearm Licensing

24 and Record of Sale Act of 2000, which license
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1 has not been invalidated or revoked under that

2 title; or

3 ‘‘(B) pursuant to a State firearm licensing

4 and record of sale system certified under sec5 tion 602 of the Firearm Licensing and Record

6 of Sale Act of 2000, which license has not been

7 invalidated or revoked under State law.

8 ‘‘(2) APPLICABLE DATE.—In this subsection,

9 the term ‘applicable date’ means—

10 ‘‘(A) with respect to a qualifying firearm

11 that is acquired by the person before the date

12 of enactment of the Firearm Licensing and

13 Record of Sale Act of 2000, 10 years after such

14 date of enactment; and

15 ‘‘(B) with respect to a qualifying firearm

16 that is acquired by the person on or after the

17 date of enactment of the Firearm Licensing and

18 Record of Sale Act of 2000, 1 year after such

19 date of enactment.’’.

20 SEC. 102. APPLICATION REQUIREMENTS.

21 (a) IN GENERAL.—In order to be issued a firearm

22 license under this title, an individual shall submit to the

23 Secretary (in accordance with the regulations promulgated

24 under subsection (b)) an application, which shall include—
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1 (1) a current, passport-sized photograph of the

2 applicant that provides a clear, accurate likeness of

3 the applicant;

4 (2) the name, address, and date and place of

5 birth of the applicant;

6 (3) any other name that the applicant has ever

7 used or by which the applicant has ever been known;

8 (4) a clear thumb print of the applicant, which

9 shall be obtained from the applicant when the appli10 cation is submitted;

11 (5) with respect to each category of person pro12 hibited under Federal law from obtaining a firearm,

13 a statement that the individual is not such a person;

14 (6) a certification by the applicant that appli15 cant will keep any firearm owned by the applicant

16 safely stored and out of the possession of juveniles;

17 (7) a certificate attesting to the completion at

18 the time of application of a written firearms exam19 ination, which shall test the knowledge and ability of

20 the applicant regarding—

21 (A) the safe storage of firearms, particu22 larly in the vicinity of juveniles;

23 (B) the safe handling of firearms;

24 (C) the use of firearms in the home and

25 the risks associated with such use;
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1 (D) the legal responsibilities of firearms

2 owners, including Federal, State, and local laws

3 relating to requirements for the possession and

4 storage of firearms, and relating to reporting

5 requirements with respect to firearms; and

6 (E) any other subjects, as the Secretary

7 determines to be appropriate;

8 (8) the date on which the application was sub9 mitted; and

10 (9) the signature of the applicant.

11 (b) REGULATIONS GOVERNING SUBMISSION.—The

12 Secretary shall promulgate regulations specifying proce13 dures for the submission of applications to the Secretary

14 under this section, which regulations shall—

15 (1) provide for submission of the application

16 through a licensed dealer or an office or agency of

17 the Federal Government designated by the Sec18 retary;

19 (2) require the applicant to provide clear evi20 dence of the identity and age of the applicant to the

21 licensed dealer or to the office or agency of the Fed22 eral Government, as applicable, at the time of sub23 mission of the application to that dealer, office, or

24 agency; and
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1 (3) require that a completed application be for2 warded to the Secretary not later than 48 hours

3 after the application is submitted to the licensed

4 dealer or office or agency of the Federal Govern5 ment, as applicable.

6 (c) FEES.—

7 (1) IN GENERAL.—The Secretary shall charge

8 and collect from each applicant for a license under

9 this title a fee in an amount determined in accord10 ance with paragraph (2).

11 (2) FEE AMOUNT.—The amount of the fee col12 lected under this subsection shall be not less than

13 the amount determined by the Secretary to be nec14 essary to ensure that the total amount of all fees

15 collected under this subsection during a fiscal year

16 is sufficient to cover the costs of carrying out this

17 title during that fiscal year, except that such amount

18 shall not exceed $25.

19 SEC. 103. ISSUANCE OF LICENSE.

20 (a) IN GENERAL.—The Secretary shall issue a fire21 arm license to an applicant who has submitted an applica22 tion that meets the requirements of section 102, if the in23 dividual is not prohibited by subsection (g) or (n) of sec24 tion 922 of title 18, United States Code, from receiving

25 a firearm.
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1 (b) EFFECT OF ISSUANCE TO PROHIBITED PER2 SON.—A firearm license issued under this section shall be

3 null and void if issued to a person who is prohibited by

4 subsection (g) or (n) of section 922 of title 18, United

5 States Code, from receiving a firearm.

6 (c) FORM OF LICENSE.—A firearm license issued

7 under this section shall be in the form of a tamper-resist8 ant card, and shall include—

9 (1) the photograph of the licensed individual

10 submitted with the application;

11 (2) the address of the licensed individual;

12 (3) the date of birth of the licensed individual;

13 (4) a license number, unique to each licensed

14 individual;

15 (5) the expiration date of the license, which

16 shall be the date that is 5 years after the initial an17 niversary of the date of birth of the licensed indi18 vidual following the date on which the license is

19 issued (or in the case of a license renewal, following

20 the date on which the license is renewed under sec21 tion 104);

22 (6) the signature of the licensed individual pro23 vided on the application, or a facsimile thereof; and

24 (7) centered at the top of the license, capital25 ized, and in bold-face type, the following statement:
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1 ‘‘FIREARM LICENSE—NOT VALID FOR ANY

2 OTHER PURPOSE’’.

3 SEC. 104. RENEWAL OF LICENSE.

4 (a) APPLICATION FOR RENEWAL.—

5 (1) IN GENERAL.—In order to renew a firearm

6 license issued under this title, not later than 30 days

7 before the expiration date of the license, the licensed

8 individual shall submit to the Secretary (in accord9 ance with the regulations promulgated under para10 graph (3)), in a form approved by the Secretary, an

11 application for renewal of the license.

12 (2) CONTENTS.—An application submitted

13 under paragraph (1) shall include—

14 (A) a current, passport-sized photograph of

15 the applicant that provides a clear, accurate

16 likeness of the applicant;

17 (B) current proof of identity of the li18 censed individual; and

19 (C) the address of the licensed individual.

20 (3) REGULATIONS GOVERNING SUBMISSION.—

21 The Secretary shall promulgate regulations speci22 fying procedures for the submission of applications

23 under this subsection.

24 (b) ISSUANCE OF RENEWED LICENSE.—Upon ap25 proval of an application submitted under subsection (a),
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1 the Secretary shall issue a renewed license, which shall

2 meet the requirements of section 103(c), except that the

3 license shall include the current photograph and address

4 of the licensed individual, as provided in the application

5 submitted under this section, and the expiration date of

6 the renewed license, as provided in section 103(c)(5).

7 SEC. 105. REVOCATION OF LICENSE.

8 (a) IN GENERAL.—If an individual to whom a license

9 has been issued under this title subsequently becomes a

10 person who is prohibited by subsection (g) or (n) of section

11 922 of title 18, United States Code, from receiving a

12 firearm—

13 (1) the license is revoked; and

14 (2) the individual shall promptly return the li15 cense to the Secretary.

16 (b) ADMINISTRATIVE ACTION.—Upon receipt by the

17 Secretary of notice that an individual to whom a license

18 has been issued under this title has become a person de19 scribed in subsection (a), the Secretary shall ensure that

20 the individual promptly returns the license to the Sec21 retary.
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1 TITLE II—RECORD OF SALE OR

2 TRANSFER

3 SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALI4 FYING FIREARMS.

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

6 amended by inserting after subsection (z) (as added by

7 section 101 of this Act) the following:

8 ‘‘(aa) UNAUTHORIZED SALE OR TRANSFER OF A

9 QUALIFYING FIREARM.—It shall be unlawful for any per10 son other than a licensee to sell, deliver, or otherwise

11 transfer a qualifying firearm to, or receive a qualifying

12 firearm from, any person other than a licensee unless, at

13 the time and place of the transfer or receipt—

14 ‘‘(1) the transferee presents to a licensed dealer

15 a valid firearm license issued to the transferee—

16 ‘‘(A) under title I of the Firearm Licensing

17 and Record of Sale Act of 2000; or

18 ‘‘(B) pursuant to a State firearm licensing

19 and record of sale system certified under sec20 tion 602 of the Firearm Licensing and Record

21 of Sale Act of 2000 established by the State in

22 which the transfer or receipt occurs;

23 ‘‘(2) the licensed dealer contacts the Secretary

24 or the head of the State agency that administers the

25 certified system described in paragraph (1)(B), as
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1 applicable, and receives notice that the transferee

2 has been issued a firearm license described in para3 graph (1); and

4 ‘‘(3) the licensed dealer records on a document

5 (which, in the case of a sale, shall be the sales re6 ceipt) a tracking authorization number provided by

7 the Secretary or the head of the State agency, as ap8 plicable, as evidence that the licensed dealer has

9 verified the validity of the license.’’.

10 SEC. 202. FIREARM RECORDS.

11 (a) SUBMISSION OF SALE OR TRANSFER REPORTS.—

12 Not later than 14 days after the date on which the trans13 fer of qualifying firearm is processed by a licensed dealer

14 under section 922(aa) of title 18, United States Code (as

15 added by section 201 of this title), the licensed dealer shall

16 submit to the Secretary (or, in the case of a licensed dealer

17 located in a State that has a State firearm licensing and

18 record of sale system certified under section 602, to the

19 head of the State agency that administers that system)

20 a report of that transfer, which shall include information

21 relating to—

22 (1) the manufacturer of the firearm;

23 (2) the model name or number of the firearm;

24 (3) the serial number of the firearm;
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1 (4) the date on which the firearm was received

2 by the transferee;

3 (5) the number of a valid firearm license issued

4 to the transferee under title I; and

5 (6) the name and address of the individual who

6 transferred the firearm to the transferee.

7 (b) FEDERAL RECORD OF SALE SYSTEM.—Not later

8 than 9 months after the date of enactment of this Act,

9 the Secretary shall establish and maintain a Federal

10 record of sale system, which shall include the information

11 included in each report submitted to the Secretary under

12 subsection (a).

13 (c) ELIMINATION OF PROHIBITION ON ESTABLISH14 MENT OF SYSTEM OF REGISTRATION.—Section 926(a) of

15 title 18, United States Code, is amended by striking the

16 second sentence.

17 TITLE III—ADDITIONAL

18 PROHIBITIONS

19 SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIRE20 MENT.

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

22 amended by inserting after subsection (aa) (as added by

23 section 201 of this Act) the following:

24 ‘‘(bb) UNIVERSAL BACKGROUND CHECK REQUIRE25 MENT.—It shall be unlawful for any person other than a
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1 licensee to sell, deliver, or otherwise transfer a firearm to

2 any person other than a licensee, unless that transfer is

3 processed through a licensed dealer in accordance with

4 subsection (t).’’.

5 SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION

6 OF RECORDS.

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

8 amended by inserting after subsection (bb) (as added by

9 section 301 of this title) the following:

10 ‘‘(cc) FAILURE TO MAINTAIN OR PERMIT INSPEC11 TION OF RECORDS.—It shall be unlawful for a licensed

12 manufacturer or a licensed dealer to fail to maintain such

13 records, or to supply such information (including firearm

14 transfer information that a licensed dealer has agreed to

15 provide), as the Secretary may require in order to ascer16 tain compliance with the Firearm Licensing and Record

17 of Sale Act of 2000 and the regulations and orders issued

18 under that Act.’’.

19 SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIRE20 ARM.

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

22 amended by inserting after subsection (cc) (as added by

23 section 302 of this title) the following:

24 ‘‘(dd) FAILURE TO REPORT LOSS OR THEFT OF

25 FIREARM.—It shall be unlawful for any person who owns
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1 a qualifying firearm to fail to report the loss or theft of

2 the firearm to the Secretary within 72 hours after the loss

3 or theft is discovered.’’.

4 SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF AD5 DRESS.

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

7 amended by inserting after subsection (dd) (as added by

8 section 303 of this title) the following:

9 ‘‘(ee) FAILURE TO PROVIDE NOTICE OF CHANGE OF

10 ADDRESS.—It shall be unlawful for any individual to

11 whom a firearm license has been issued under title I of

12 the Firearm Licensing and Record of Sale Act of 2000

13 to fail to report to the Secretary a change in the address

14 of that individual within 60 days of that change of ad15 dress.’’.

16 SEC. 305. CHILD ACCESS PREVENTION.

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

18 amended by inserting after subsection (ee) (as added by

19 section 304 of this title) the following:

20 ‘‘(ff) CHILD ACCESS PREVENTION.—

21 ‘‘(1) DEFINITION OF CHILD.—In this sub22 section, the term ‘child’ means an individual who has

23 not attained the age of 18 years.

24 ‘‘(2) PROHIBITION AND PENALTIES.—Except as

25 provided in paragraph (3), it shall be unlawful for
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1 any person to keep a loaded firearm, or an unloaded

2 firearm and ammunition for the firearm, any 1 of

3 which has been shipped or transported in interstate

4 or foreign commerce, within any premises that is

5 under the custody or control of that person, if—

6 ‘‘(A) that person—

7 ‘‘(i) knows, or recklessly disregards

8 the risk, that a child is capable of gaining

9 access to the firearm; and

10 ‘‘(ii) either—

11 ‘‘(I) knows, or recklessly dis12 regards the risk, that a child will use

13 the firearm to cause the death of, or

14 serious bodily injury (as defined in

15 section 1365 of this title) to, the child

16 or any other person; or

17 ‘‘(II) knows, or reasonably should

18 know, that possession of the firearm

19 by a child is unlawful under Federal

20 or State law; and

21 ‘‘(B) a child uses the firearm and thereby

22 causes the death of, or serious bodily injury to,

23 the child or any other person.

24 ‘‘(3) EXCEPTIONS.—Paragraph (2) does not

25 apply if—
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1 ‘‘(A) at the time the child obtained access,

2 the firearm was secured with a secure gun stor3 age or safety device;

4 ‘‘(B) the person is a peace officer, a mem5 ber of the Armed Forces, or a member of the

6 National Guard, and the child obtains the fire7 arm during, or incidental to, the performance of

8 the official duties of the person in that capacity;

9 ‘‘(C) the child uses the firearm in a lawful

10 act of self-defense or defense of 1 or more other

11 persons; or

12 ‘‘(D) the person has no reasonable expecta13 tion, based on objective facts and cir14 cumstances, that a child is likely to be present

15 on the premises on which the firearm is kept.’’.

16 TITLE IV—ENFORCEMENT

17 SEC. 401. CRIMINAL PENALTIES.

18 (a) FAILURE TO OBTAIN FIREARM LICENSE; FAIL19 URE TO COMPLY WITH QUALIFYING FIREARM SALE OR

20 TRANSFER REQUIREMENTS; FAILURE TO MAINTAIN OR

21 PERMIT INSPECTION OF RECORDS.—Section 924(a) of

22 title 18, United States Code, is amended by adding at the

23 end the following:
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1 ‘‘(7) Whoever knowingly violates subsection (z), (aa),

2 or (cc) of section 922 shall be fined under this title, im3 prisoned not more than 2 years, or both.’’.

4 (b) FAILURE TO COMPLY WITH UNIVERSAL BACK5 GROUND CHECKS; FAILURE TO TIMELY REPORT LOSS OR

6 THEFT OF A QUALIFYING FIREARM; FAILURE TO PRO7 VIDE NOTICE OF CHANGE OF ADDRESS.—Section

8 924(a)(5) of title 18, United States Code, is amended by

9 striking ‘‘(s) or (t)’’ and inserting ‘‘(s), (t), (bb), (dd), or

10 (ee)’’.

11 (c) CHILD ACCESS PREVENTION.—Section 924(a) of

12 title 18, United States Code, is amended by adding at the

13 end the following:

14 ‘‘(8) Whoever violates section 922(ff) shall be fined

15 under this title, imprisoned not more than 3 years, or

16 both.’’.

17 SEC. 402. REGULATIONS.

18 (a) IN GENERAL.—The Secretary shall issue such

19 regulations governing the licensing of possessors of quali20 fying firearms and the recorded sale of qualifying fire21 arms, consistent with this Act and the amendments made

22 by this Act, as the Secretary determines to be reasonably

23 necessary to reduce or prevent deaths or injuries resulting

24 from qualifying firearms, and to assist law enforcement
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1 in the apprehension of owners or users of qualifying fire2 arms used in criminal activity.

3 (b) MAXIMUM INTERVAL BETWEEN ISSUANCE OF

4 PROPOSED AND FINAL REGULATION.—Not later than 120

5 days after the date on which the Secretary issues a pro6 posed regulation under subsection (a) with respect to a

7 matter, the Secretary shall issue a final regulation with

8 respect to the matter.

9 SEC. 403. INSPECTIONS.

10 In order to ascertain compliance with this Act, the

11 amendments made by this Act, and the regulations and

12 orders issued under this Act, the Secretary may, during

13 regular business hours, enter any place in which firearms

14 or firearm products are manufactured, stored, or held, for

15 distribution in commerce, and inspect those areas where

16 the products are so manufactured, stored, or held.

17 SEC. 404. ORDERS.

18 The Secretary may issue an order prohibiting the sale

19 or transfer of any firearm that the Secretary finds has

20 been transferred or distributed in violation of this Act, an

21 amendment made by this Act, or a regulation issued under

22 this Act.

23 SEC. 405. INJUNCTIVE ENFORCEMENT.

24 Upon the request of the Secretary, the Attorney Gen25 eral may bring an action to restrain any violation of this
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1 Act or an amendment made by this Act in the district

2 court of the United States for any district in which the

3 violation has occurred, or in which the defendant is found

4 or transacts business.

5 TITLE V—FIREARM INJURY

6 INFORMATION AND RESEARCH

7 SEC. 501. DUTIES OF THE SECRETARY.

8 (a) IN GENERAL.—The Secretary shall—

9 (1) establish and maintain a firearm injury in10 formation clearinghouse to collect, investigate, ana11 lyze, and disseminate data and information relating

12 to the causes and prevention of death and injury as13 sociated with firearms;

14 (2) conduct continuing studies and investiga15 tions of firearm-related deaths and injuries; and

16 (3) collect and maintain current production and

17 sales figures for each licensed manufacturer.

18 (b) AVAILABILITY OF INFORMATION.—Periodically,

19 but not less frequently than annually, the Secretary shall

20 make available to the public a report on the activities of

21 the Secretary under subsection (a).
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1 TITLE VI—EFFECT ON STATE

2 LAW

3 SEC. 601. EFFECT ON STATE LAW.

4 (a) IN GENERAL.—This Act and the amendments

5 made by this Act may not be construed to preempt any

6 provision of the law of any State or political subdivision

7 thereof, or prevent a State or political subdivision thereof

8 from enacting any provision of law regulating or prohib9 iting conduct with respect to firearms, except to the extent

10 that the provision of law is inconsistent with any provision

11 of this Act or an amendment made by this Act, and then

12 only to the extent of the inconsistency.

13 (b) RULE OF INTERPRETATION.—A provision of

14 State law is not inconsistent with this Act or an amend15 ment made by this Act if the provision imposes a regula16 tion or prohibition of greater scope or a penalty of greater

17 severity than a corresponding prohibition or penalty im18 posed by this Act or an amendment made by this Act.

19 SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING

20 AND RECORD OF SALE SYSTEMS.

21 Upon a written request of the chief executive officer

22 of a State, the Secretary may certify a State firearm li23 censing and record of sale system established by that

24 State, if State law—
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1 (1) requires the system to satisfy the require2 ments applicable to the Federal firearm licensing

3 system established under title I and the Federal fire4 arm record of sale system established under section

5 202(b), in cooperation with State and local law en6 forcement agencies and other appropriate State and

7 local agencies; and

8 (2) requires the head of the State agency that

9 administers the system to submit to the Federal fire10 arm record of sale system established under section

11 202(b) a copy of each report submitted to the head

12 of that agency under section 202(a).

13 TITLE VII—RELATIONSHIP TO

14 OTHER LAW

15 SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL

16 ACT.

17 In the event of any conflict between any provision of

18 this Act or an amendment made by this Act, and any pro19 vision of the Arms Export Control Act (22 U.S.C. 2751),

20 the provision of the Arms Export Control Act shall con21 trol.
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1 TITLE VIII—INAPPLICABILITY

2 SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORI3 TIES.

4 This Act and the amendments made by this Act do

5 not apply to any department or agency of the United

6 States, of a State, or of a political subdivision of a State,

7 or to any official conduct of any officer or employee of

8 such a department or agency.

9 TITLE IX—EFFECTIVE DATE

10 SEC. 901. EFFECTIVE DATE OF AMENDMENTS.

11 The amendments made by this Act shall take effect

12 1 year after the date of enactment of this Act.

Æ