I
103D CONGRESS
2D SESSION
H. R. 4300
To prevent handgun violence and illegal commerce in firearms.
IN THE HOUSE OF REPRESENTATIVES
APRIL 26, 1994
Mr. SCHUMER (for himself, Ms. SCHENK, Mr. MCDERMOTT, Ms. PELOSI, Ms.
WATERS, Mr. REYNOLDS, Mr. STARK, Mr. DEUTSCH, Mr. ACKERMAN,
Mr. BERMAN, Mr. EDWARDS of California, and Mr. FRANK of Massachu-
setts) introduced the following bill; which was referred to the Committee
on the Judiciary
OCTOBER 27, 1994
Additional sponsors: Mr. KREIDLER, and Mr. LEWIS of Georgia
A BILL
To prevent handgun violence and illegal commerce in
firearms.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Handgun Control and
Violence Prevention Act of 1994’’.
SEC. 2. FINDINGS AND DECLARATIONS.
The Congress finds and declares that—
(1) crimes committed with firearms threaten
the peace and domestic tranquility of the United
States, and threaten the security and general welfare
of the Nation and its people;
(2) crimes committed with firearms, especially
those committed with handguns, have imposed a
substantial burden on interstate commerce;
(3) firearms are easily transported across State
boundaries and, as a result, individual State action
to regulate firearms is made less than effective by
lax regulation by other States; and
(4) accordingly, it is necessary to establish uni-
form national laws governing all aspects of the fire-
arms industry, requiring handgun licensing and reg-
istration, expanding the categories of persons pro-
hibited from possessing firearms, limiting Federal
firearms licensees to bona fide importers, manufac-
turers, and dealers, and prohibiting the sale of semi-
automatic assault weapons and other dangerous
weapons.
SEC. 3. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Findings and declarations.
Sec. 3. Table of contents.
TITLE I—NATIONAL HANDGUN CONTROLS
Sec. 101. State license required to receive a handgun.
Sec. 102. Multiple handgun transfer prohibition.
Sec. 103. Prohibition against engaging in the business of dealing in handguns
without specific authorization; authorization required to be pro-
vided if applicant demonstrates significant unmet economic de-
mand.
TITLE II—TRACING OF GUNS USED IN CRIMES
Sec. 201. Dealer assistance with tracing of firearms.
Sec. 202. Computerization of records.
Sec. 203. Interstate transportation of firearms.
Sec. 204. Gun running.
Sec. 205. National Firearms Tracing Center.
TITLE III—DEALER RESPONSIBILITY
Sec. 301. Compliance with State and local firearms licensing laws required be-
fore issuance of Federal firearms license.
Sec. 302. Background investigation of licensees.
Sec. 303. Increased license fees for dealers.
Sec. 304. Increased penalties for making knowingly false statements in connec-
tion with firearms.
Sec. 305. Dealer inspections.
Sec. 306. Gun shows.
Sec. 307. Acquisition and disposition records of dealers suspected of serving as
sources of illegal firearms.
Sec. 308. Dealer responsibility for sales to felons or minors.
Sec. 309. Interstate shipment of firearms.
TITLE IV—THEFT OF FIREARMS
Sec. 401. Dealer reporting of firearm thefts.
Sec. 402. Theft of firearms or explosives.
Sec. 403. Theft of firearms or explosives from licensee.
Sec. 404. Security of licensed firearms dealers.
Sec. 405. Prohibition against transactions involving stolen firearms which have
moved in interstate or foreign commerce.
TITLE V—ARMED FELONS
Sec. 501. Individuals denied administrative relief from certain firearms prohibi-
tions; additional evidence not admissible in judicial review of
denials of such administrative relief for other persons.
Sec. 502. Clarification of definition of conviction.
Sec. 503. Enhanced penalty for use of a semiautomatic firearm during a crime
of violence or a drug trafficking crime.
Sec. 504. Violation of firearms laws in aid of drug trafficking.
Sec. 505. Mandatory penalties for firearms possession by violent felons and se-
rious drug offenders.
TITLE VI—VIOLENT MISDEMEANANTS
Sec. 601. Prohibition against disposal of firearms or ammunition to, or receipt
of firearms or ammunition by, persons convicted of a violent
crime or subject to a protection order.
TITLE VII—AMMUNITION
Sec. 701. Federal license to deal in ammunition.
Sec. 702. Regulation of the manufacture, importation, and sale of certain par-
ticularly dangerous bullets.
TITLE I—NATIONAL HANDGUN
CONTROLS
SEC. 101. STATE LICENSE REQUIRED TO RECEIVE A HAND-
GUN.
(a) IN GENERAL.—Section 922 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(v)(1) It shall be unlawful for any person to sell,
deliver, or otherwise transfer a handgun to an individual
who is not licensed under section 923 unless—
‘‘(A) the transferor (or a licensed dealer, if
State law so directs or allows) has verified that the
transferee possesses a valid State handgun license
by—
‘‘(i) examining the State handgun license;
‘‘(ii) examining, in addition to the State
handgun license, a valid identification document
(as defined in section 1028) containing a photo-
graph of the transferee; and
‘‘(iii) contacting the chief law enforcement
officer of the State that issued the State hand-
gun license to confirm that the State handgun
license has not been revoked; and
‘‘(5) As used in this subsection, the term ‘State hand-
gun license’ means a license issued under a State law that,
at a minimum, meets the following requirements:
‘‘(A) The State law provides that—
‘‘(i) the chief law enforcement officer of
the State shall issue State handgun licenses,
which shall meet such requirements as to form,
appearance, and security against forgery as are
prescribed by the Secretary in regulations, in
accordance with such procedures as are pre-
scribed by the Secretary in regulations;
‘‘(ii) the State handgun license issued to a
licensee shall contain—
‘‘(I) the name, address, date of birth,
physical description, and a photograph of
the licensee; and
‘‘(II) a unique license number; and
‘‘(iii) a State handgun license shall be valid
for a period of not more than 2 years from the
date of issue, unless revoked.
‘‘(B) The State law provides that a State hand-
gun license may not be issued unless the chief law
enforcement officer of the State determines that the
applicant—
‘‘(i) is at least 21 years of age;
‘‘(ii) is a resident of the State, by examin-
ing, at a minimum, in addition to a valid identi-
fication document (as defined in section 1028),
documentation such as a utility bill or lease
agreement;
‘‘(iii) is not prohibited from possessing or
receiving a handgun under Federal, State, or
local law, based upon name- and fingerprint-
based research in all available Federal, State,
and local recordkeeping systems, including the
national instant criminal background check sys-
tem established by the Attorney General pursu-
ant to section 103 of the Brady Handgun Vio-
lence Prevention Act; and
‘‘(iv) has been issued a State handgun
safety certificate.
‘‘(D) The State law may authorize the chief law
enforcement officer of the State to charge a fee for
the issuance of a State handgun license.
‘‘(E) The State law provides that, if the chief
law enforcement officer of the State determines that
an individual is ineligible to receive a State handgun
license and the individual in writing requests the of-
ficer to provide the reasons for that determination,
the officer shall provide the reasons to the individual
in writing within 20 business days after receipt of
the request.
‘‘(F)(i) The State law provides for the revoca-
tion of a State handgun license issued by the chief
law enforcement officer of the State if the chief law
enforcement officer determines that the licensee no
longer satisfies 1 or more of the conditions set forth
in subparagraph (B).
‘‘(ii) The State law provides that, within 10
days after a person possessing a State handgun li-
cense that has been revoked receives notice of the
revocation, the person shall return the license to the
chief law enforcement officer who issued the license.
‘‘(G)(i) The State law provides that, within 24
hours after a State handgun licensee discovers that
a handgun has been stolen from or lost by the li-
censee, the licensee shall report the theft or loss
to—
‘‘(I) the Secretary;
‘‘(II) the chief law enforcement officer of
the State; and
‘‘(III) appropriate local authorities.
‘‘(ii) The State law shall provide that failure to
make the reports described in clause (i) shall be
punishable by a civil penalty of not less than $1,000.
‘‘(6) As used in this subsection, the term ‘State hand-
gun registration form’ means a handgun registration form
prescribed under a State law that, at a minimum, meets
the following requirements:
‘‘(A) The State law provides that a handgun
registration form shall not be considered completed
by an individual with respect to a handgun, unless
the form contains, at a minimum—
‘‘(i) information identifying the individual,
including the name, address, date of birth, and
number on the State handgun license issued to
the individual; and
‘‘(ii) information identifying the handgun,
including the manufacturer, model, caliber, and
serial number of the handgun.
‘‘(B) The State law provides that the chief law
enforcement officer of the State shall furnish infor-
mation from completed handgun registration forms
to Federal, State, and local law enforcement authori-
ties upon request.
‘‘(C) The State law may authorize the chief law
enforcement officer of the State to charge a fee for
the registration of a handgun.
‘‘(7) As used in this subsection, the term ‘State hand-
gun safety certificate’ means a certificate issued under a
State law that, at a minimum, meets the following require-
ments:
‘‘(A) The State law provides that the chief law
enforcement officer of the State shall issue State
handgun safety certificates.
‘‘(B) The State law provides that a State hand-
gun safety certificate is not to be issued to an appli-
cant, unless the chief law enforcement officer of the
State determines that the applicant—
‘‘(i) is a resident of the State, by examin-
ing, at a minimum, in addition to a valid identi-
fication document (as defined in section 1028),
documentation such as a utility bill or lease
agreement;
‘‘(ii) has completed a course of not less
than 2 hours of instruction in handgun safety,
that was taught by law enforcement officers
and designed by the chief law enforcement offi-
cer; and
‘‘(iii) has passed an examination, designed
by the chief law enforcement officer, testing the
applicant’s knowledge of handgun safety.
‘‘(C) The State law may authorize the chief law
enforcement officer of the State to charge a fee for
(e) TECHNICAL CORRECTION TO BRADY ACT.—Sec-
tion 922(t)(1)(B)(ii) of such title is amended by inserting
‘‘or State law’’ after ‘‘section’’.
(f) EFFECTIVE DATE.—The amendments made by
this section shall become effective on the date that is 180
days after the date of enactment of this Act.
(g) FUNDING.—
(1) GRANTS FOR ESTABLISHING SYSTEMS OF
LICENSING AND REGISTRATION.—The Attorney Gen-
eral shall, subject to the availability of appropria-
tions, make a grant to each State (as defined in sec-
tion 921(a)(2) of title 18, United States Code) to be
used for the initial startup costs associated with es-
tablishing a system of licensing and registration con-
sistent with the requirements of section 922(v) of
title 18, United States Code.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated for grants
under paragraph (1) a total of $200,000,000 for fis-
cal year 1995 and all fiscal years thereafter.
SEC. 102. MULTIPLE HANDGUN TRANSFER PROHIBITION.
Section 922 of title 18, United States Code, as
amended by section 101(a) of this Act, is amended by add-
ing at the end the following:
‘‘(w)(1)(A) It shall be unlawful for any licensed deal-
er—
‘‘(i) during any 30-day period, to sell 2 or more
handguns to an individual who is not licensed under
section 923; or
‘‘(ii) to sell a handgun to an individual who is
not licensed under section 923 and who purchased a
handgun during the 30-day period ending on the
date of the sale.
‘‘(B) It shall be unlawful for any individual who is
not licensed under section 923 to purchase 2 or more
handguns during any 30-day period.
‘‘(2) Paragraph (1) shall not apply to the exchange
of a handgun for a handgun.’’.
SEC. 103. PROHIBITION AGAINST ENGAGING IN THE BUSI-
NESS OF DEALING IN HANDGUNS WITHOUT
SPECIFIC AUTHORIZATION; AUTHORIZATION
REQUIRED TO BE PROVIDED IF APPLICANT
DEMONSTRATES SIGNIFICANT UNMET ECO-
NOMIC DEMAND.
(a) PROHIBITION AGAINST ENGAGING IN THE BUSI-
NESS OF DEALING IN HANDGUNS WITHOUT SPECIFIC AU-
THORIZATION.—Section 922(a)(1) of title 18, United
States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(A); and
(2) by redesignating subparagraph (B) as sub-
paragraph (C) and inserting after subparagraph (A)
the following:
‘‘(B) to engage in the business of dealing
in handguns, or in the course of such business,
to ship, transport, or receive any handgun in
interstate or foreign commerce, unless the per-
son is specifically authorized to do so under sec-
tion 923(d)(2)(A); or’’.
(b) AUTHORIZATION REQUIRED TO BE PROVIDED IF
APPLICANT DEMONSTRATES THAT IT IS IN THE PUBLIC
INTEREST.—Section 923(d) of such title is amended by
redesignating paragraph (2) as paragraph (3) and by in-
serting after paragraph (1) the following:
‘‘(2)(A) The Secretary shall authorize a licensed deal-
er (or a person whose application for a license to engage
in the business of dealing in firearms is required to be
approved by the Secretary) to engage in the business of
dealing in handguns if the licensed dealer (or the appli-
cant) demonstrates to the Secretary, in accordance with
regulations which the Secretary shall prescribe, that there
is significant unmet lawful demand for handguns in the
market area (as defined by the Secretary) served by the
licensed dealer (or to be served by the applicant).
‘‘(B) For purposes of paragraph (3) of this sub-
section and subsections (e) and (f), a request for authority
to engage in the business of dealing in handguns is
deemed an application for a license under this section, and
the provision of such authority is deemed the issuance of
such a license.’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section
shall take effect 1 year after the date of the enact-
ment of this Act.
(2) 2-YEAR
GRANDFATHERING
OF
LICENSED
DEALERS.—The amendments made by this section
shall not apply, during the 2-year period that begins
with the effective date provided for in paragraph (1)
of this subsection, to any person who, on such effec-
tive date, is a licensed dealer (as defined in section
921(a)(11) of title 18, United States Code).
TITLE II—TRACING OF GUNS
USED IN CRIMES
SEC. 201. DEALER ASSISTANCE WITH TRACING OF FIRE-
ARMS.
(a) PROVISION OF RECORD INFORMATION.—Section
923(g) of title 18, United States Code, is amended by add-
ing at the end the following:
‘‘(6) Each licensee shall, at such times and under
such conditions as the Secretary shall prescribe by regula-
tion, provide all record information required to be kept
by this chapter, or such lesser information as the Sec-
retary may specify, as may be required for determining
the disposition of a firearm in the course of a law enforce-
ment investigation.’’.
(b) NO CRIMINAL PENALTY.—Section 924(a)(1)(D)
of such title is amended by adding at the end the follow-
ing: ‘‘except section 923(g)(6),’’.
SEC. 202. COMPUTERIZATION OF RECORDS.
Section 926 of title 18, United States Code, as
amended by section 101(c) of this Act, is amended—
(1) in subsection (a), by striking the 2nd sen-
tence; and
(2) by adding at the end the following:
‘‘(e) The Director of the Bureau of Alcohol, Tobacco,
and Firearms shall centralize all records of receipts and
disposition of firearms obtained by the Bureau, and main-
tain such records in whatever manner will enable their
most efficient use in law enforcement investigations.’’.
SEC. 203. INTERSTATE TRANSPORTATION OF FIREARMS.
Section 922(a)(3) of title 18, United States Code, is
amended to read as follows:
‘‘(3)(A) for any person not licensed under sec-
tion 923 of this title to transport a firearm from one
State into another State; and
‘‘(B)(i) subparagraph (A) shall not preclude
any person who lawfully acquires a firearm by be-
quest or intestate succession in a State other than
the person’s State of residence from transporting the
firearm into or receiving the firearm in the person’s
State of residence, if it is lawful for the person to
possess the firearm in the person’s State of resi-
dence;
‘‘(ii) subparagraph (A) shall not apply to the
transportation or receipt of any firearm obtained in
conformity with subsection (b)(3) of this section;
‘‘(iii) subparagraph (A) shall not apply to the
transportation of any firearm acquired in any State
before the effective date of this chapter;
‘‘(iv) subparagraph (A) shall not apply to the
transportation of any firearm in accordance with
section 926A of this title; and
‘‘(v) subparagraph (A) shall not apply to the
transportation of any firearm under contract or
agreement with a person licensed under section 923
of this title, by a person who ships or transports
goods in the ordinary course of business;’’.
SEC. 204. GUN RUNNING.
(a) PROHIBITIONS.—Section 922 of title 18, United
States Code, as amended by sections 101(a) and 102 of
this Act, is amended by adding at the end the following:
‘‘(x) It shall be unlawful for any person not licensed
under section 923 to receive a firearm with the intent to
transfer the firearm for profit.’’.
(b) PENALTIES.—Section 924(a) of such title is
amended by adding at the end the following:
‘‘(6)(A) Except as provided in subparagraph (B) of
this paragraph, whoever violates section 922(x) shall be
fined under this title, imprisoned not less than 6 months
and not more than 3 years, or both.
‘‘(B) Whoever violates section 922(x) with respect to
5 or more firearms during a 30-day period shall be fined
under this title, imprisoned not less than 3 years, or
both.’’.
SEC. 205. HANDGUN BARREL REGISTRATION.
Section 923(i) of title 18, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(i)’’; and
(2) by adding at the end the following:
‘‘(2) Each licensed manufacturer shall maintain
records of the ballistics of handgun barrels made by the
licensed manufacturer, and the serial numbers of such
barrels, and shall make such records available to the Sec-
retary, in accordance with regulations prescribed by the
Secretary.’’.
SEC. 206. NATIONAL FIREARMS TRACING CENTER.
(a) ESTABLISHMENT.—The Secretary of the Treas-
ury shall establish in the Bureau of Alcohol, Tobacco, and
Firearms a National Firearms Tracing Center which shall
be operated for the purpose of tracing the chain of posses-
sion of firearms and ammunition used in crimes.
(b) LIMITATION ON AUTHORIZATION OF APPROPRIA-
TIONS.—For the establishment and operation of the Na-
tional Firearms Tracing Center, there are authorized to
be appropriated to the Secretary of the Treasury not to
exceed $20,000,000 for each of fiscal years 1994, 1995,
and 1996.
TITLE III—DEALER
RESPONSIBILITY
SEC. 301. COMPLIANCE WITH STATE AND LOCAL FIREARMS
LICENSING LAWS REQUIRED BEFORE ISSU-
ANCE OF FEDERAL FIREARMS LICENSE.
Section 923(d)(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D);
(2) by striking the period at the end of sub-
paragraph (E) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(F) in the case of an application for a license
to engage in the business of dealing in firearms—
‘‘(i) the applicant has complied with all re-
quirements imposed on persons desiring to en-
gage in such a business by the State and politi-
cal subdivision thereof in which the applicant
conducts or intends to conduct such business;
‘‘(ii) the business to be conducted pursuant
to the license is not prohibited by the law of the
State or locality in which the business premises
is located; and
‘‘(iii) the application includes a written
statement which—
‘‘(I) is signed by the chief of police of
the locality, or the sheriff of the county, in
which the applicant conducts or intends to
conduct such business, the head of the
State police of such State, or any official
designated by the Secretary; and
‘‘(II) certifies that the information
available to the signer of the statement
does not indicate that the applicant is in-
eligible to obtain such a license under the
law of such State and locality.’’.
SEC. 302. BACKGROUND INVESTIGATION OF LICENSEES.
(a) IN GENERAL.—Section 923(d)(1)(B) of title 18,
United States Code, is amended—
(1) by inserting ‘‘after a thorough investigation
of’’ before ‘‘the applicant’’; and
(2) by striking ‘‘association)’’ and inserting
‘‘association), which investigation shall include
checking the applicant’s fingerprints against all ap-
propriate compilations of criminal records, the Sec-
retary determines that the applicant’’.
(b) INSPECTION OF APPLICANT’S PREMISES.—Sec-
tion 923(d)(1) of such title, as amended by section 301
of this Act, is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (E);
(2) by striking the period at the end of sub-
paragraph (F) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(G) the Secretary has conducted an inspection
of the place at which the applicant is to conduct
business pursuant to the license.’’.
(c) BUSINESS
PREMISES
REQUIRED
OF
APPLI-
CANT.—Section 923(d)(1)(E) of such title is amended by
inserting ‘‘business’’ after ‘‘(i)’’.
(d) EXTENSION OF PERIOD FOR APPROVING OR DE-
NYING APPLICATION.—Section 923(d)(3) of such title, as
so redesignated by section 103(b) of this Act, is amended
by striking ‘‘forty-five-day’’ and inserting ‘‘180-day’’.
SEC. 303. INCREASED LICENSE FEES FOR DEALERS.
Section 923(a)(3) of title 18, United States Code, is
amended to read as follows:
‘‘(3) If the applicant—
‘‘(A) is a dealer in destructive devices or ammu-
nition for destructive devices, a fee of $2,000 per
year; or
‘‘(B) is a dealer not described in subparagraph
(A), a fee of $3,000 for 3 years.’’.
SEC. 304. INCREASED PENALTIES FOR MAKING KNOWINGLY
FALSE STATEMENTS IN CONNECTION WITH
FIREARMS.
(a) IN ACQUIRING A FIREARM FROM A LICENSED
DEALER.—Section 924(a) of title 18, United States Code,
is amended—
(1) in paragraph (1)(B), by striking ‘‘(a)(6),’’;
and
(2) in paragraph (2), by inserting ‘‘(a)(6),’’
after ‘‘subsection’’.
(b) IN RECORDKEEPING.—Section 924(a)(3) of such
title is amended by striking ‘‘fined not more than $1,000,
imprisoned not more than one year’’ and inserting ‘‘fined
under this title, imprisoned not more than 10 years’’.
SEC. 305. DEALER INSPECTIONS.
Section 923(g)(1)(B) of title 18, United States Code,
is amended by striking all after ‘‘warrant’’ and inserting
‘‘as necessary to ensure compliance with this chapter, to
further a criminal investigation, or to determine the dis-
position of 1 or more particular firearms.’’.
SEC. 306. GUN SHOWS.
(a) PROHIBITION
AGAINST
CERTAIN
HANDGUN
TRANSFERS AT GUN SHOWS.—Section 922(b) of title 18,
United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(4);
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; or’’; and
(3) by inserting after paragraph (5) the follow-
ing:
‘‘(6) any handgun to any person who is not a
licensed importer, licensed manufacturer, or licensed
dealer, at any place other than the location specified
on the license of the transferor.’’.
(b) CONFORMING AMENDMENT.—Section 923(j) of
such title is amended by inserting ‘‘, consistent with sec-
tion 922(b)(6),’’ before ‘‘temporarily’’.
SEC. 307. ACQUISITION AND DISPOSITION RECORDS OF
DEALERS 
SUSPECTED 
OF 
SERVING 
AS
SOURCES OF ILLEGAL FIREARMS.
Section 923(g)(1) of title 18, United States Code, is
amended by adding at the end the following:
‘‘(E) If the Secretary, during a 1-year period, has
identified a licensed dealer as the source of 3 or more fire-
arms that have been recovered by law enforcement officials
in criminal investigations, or if the Secretary has reason
to believe that a licensed dealer is a source of firearms
used in crimes, the Secretary may require the dealer to
produce any or all records maintained by the dealer of ac-
quisition and disposition of firearms, and may continue
to impose such requirement until the Secretary determines