I
107TH CONGRESS
1ST SESSION
H. R. 225
To prevent handgun violence and illegal commerce in handguns.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 3, 2001
Mr. WEXLER (for himself, Mr. NADLER, and Mr. MORAN of Virginia) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
A BILL
To prevent handgun violence and illegal commerce in
handguns.
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 ‘‘Anti-Gunrunning Act
of 2001’’.
SEC. 2. PREVENTING GUN TRAFFICKING BY RESTRICTING
HANDGUN TRANSFERS TO ONE PER MONTH.
(a) IN GENERAL.—Section 922 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(z)(1) The Congress finds and declares that—
‘‘(A) crime, particularly crime involving drugs
and guns, is a pervasive, nationwide problem;
‘‘(B) crime at the local level is exacerbated by
the interstate movement of drugs, guns, and crimi-
nal gangs;
‘‘(C) firearms and ammunition move easily in
interstate commerce;
‘‘(D) the illegal movement of firearms, and
handguns in particular, across state lines is a wide-
spread and pervasive national problem;
‘‘(E) handguns (even when lawfully purchased)
are unlawfully transported across state lines by gun
traffickers and are illegally sold to prohibited per-
sons;
‘‘(F) in fact, even before a firearm is illegally
sold by a trafficker, the gun, its component parts,
ammunition, and the raw materials from which it is
made have moved in interstate commerce;
‘‘(G) law-abiding persons may fear to travel
interstate or to or through certain parts of the coun-
try due to concern about violent crime and gun vio-
lence;
‘‘(H) the illegal movement of handguns across
state lines substantially affects the national market
for firearms, because handguns sold in one State in
which there are few restrictions provide a convenient
source for the acquisition of handguns by gun traf-
fickers who transport the handguns to jurisdictions
with stronger restrictions;
‘‘(I) the unlawful sale of firearms by traffickers
provides a method by which firearms can be bought
and sold anonymously, without background checks
and without record-keeping requirements to enable
gun tracing;
‘‘(J) handguns sold by traffickers are often ob-
tained by criminals and other prohibited persons
who frequently use guns that cannot be traced to
commit crimes;
‘‘(K) handgun violence is a pervasive, national
problem that is exacerbated by the availability of
handguns through gun traffickers;
‘‘(L) firearms from traffickers have been in-
volved in subsequent crimes including drug offenses,
crimes of violence, property crimes, and illegal pos-
session by felons and other prohibited persons;
‘‘(M) because gun trafficking is often an inter-
state activity, individual States and localities are
often severely hampered in combating illegal hand-
gun purchases—even States and localities that have
made strong efforts to prevent, detect, and punish
gun-related crime and illegal trafficking of fire-
arms—as a result of the failure or inability of other
States or localities to take strong measures; and
‘‘(N) the Congress has the power, under the
interstate commerce clause and other provisions of
the Constitution, to ensure, by enactment of this
section, that criminals and other prohibited persons
do not obtain firearms through gun traffickers.
‘‘(2) It shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer—
‘‘(A) during any 30-day period, to sell, deliver
or transfer 2 or more handguns to any single person
(other than a licensed importer, licensed manufac-
turer, or licensed dealer), or
‘‘(B) to sell, deliver or transfer a handgun to
any single person (other than a licensed importer, li-
censed manufacturer, or licensed dealer), knowing or
having reasonable cause to believe that the trans-
feree has already received one or more handguns
within the previous 30 days.
‘‘(3)(A) It shall be unlawful for any person (other
than a licensed importer, licensed manufacturer, or li-
censed dealer) to receive more than one handgun within
any 30-day period.
‘‘(B) Under such rules and regulations as the Sec-
retary shall prescribe, subparagraph (A) shall not apply
to the loan or rental of a single handgun solely for pur-
poses of target shooting, provided that the recipient pos-
sesses no more than one such loaned or rented handgun
at any one time.
‘‘(4) Under such rules and regulations as the Sec-
retary shall prescribe, paragraphs (2) and (3) shall not
apply to—
‘‘(A) handguns transferred to or received by
qualified private security companies licensed to do
business within the State where the transfer occurs
for use by the company in its security operations,
provided that any handgun transferred under this
subsection is transferred through a licensed dealer
located in the State where the security company is
licensed to do business;
‘‘(B) the disposition made of a handgun deliv-
ered to a person licensed under section 923 for the
sole purpose of repair or customizing when such
handgun or a replacement handgun of the same kind
and type is returned to the person from whom it was
received;
‘‘(C) the loan or rental of a single handgun
from a person licensed under section 923, provided
(b) PENALTIES.—Section 924(a)(2) of such title is
amended by striking ‘‘or (o)’’ and inserting ‘‘(o), or (z)’’.
(c) INCREASED PENALTIES FOR LICENSEES WHO
KNOWINGLY MAKE FALSE STATEMENTS IN REQUIRED
RECORDS.—
(1) 
Section 
924(a)(3) 
of 
such 
title 
is
amended—
(A) by striking ‘‘(A)’’;
(B) by striking ‘‘or’’ after ‘‘chapter’’;
(C) by striking subsection (B); and
(D) by striking ‘‘one year’’ and inserting
‘‘5 years’’.
(2) Section 924(a) of such title is amended by
adding at the end the following:
‘‘(7) Any licensed dealer, licensed importer, licensed
manufacturer, or licensed collector who knowingly violates
section 922(m) shall be fined under this title, imprisoned
not more than 1 year, or both.’’.
(d) CONFORMING CHANGES TO THE BRADY LAW.—
Section 922(t) of such title is amended—
(1) in paragraph (1)(B)(ii), by striking ‘‘(g) or
(n)’’ and inserting ‘‘(g), (n), or (z)’’;
(2) in paragraph (2), by striking ‘‘(g) or (n)’’
and inserting ‘‘(g), (n), or (z)’’;
(3) in paragraph (3), by striking subparagraph
(A) and redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively;
(4) in paragraph (4), by striking ‘‘(g) or (n)’’
and inserting ‘‘(g), (n), or (z)’’; and
(5) by adding at the end the following:
‘‘(10) A licensee must, within three days of receiving
a request from the prospective transferee, notify the na-
tional instant criminal background check system of any
background check conducted pursuant to this section with-
in the previous 30 days that did not result in the transfer
of a handgun.
‘‘(11) Information that is retained pursuant to Public
Law 103–159 may be used to effectuate section 922(z)
of this title.’’.
(e) EFFECTIVE DATE.—The Secretary of the Treas-
ury, in consultation with the Attorney General, shall deter-
mine, and publish in the Federal Register, the date on
which this section shall become effective.
(f) DEADLINES FOR DESTRUCTION OF RECORDS RE-
LATED TO CERTAIN FIREARMS TRANSFERS.—
(1) HANDGUN
TRANSFERS
SUBJECT
TO
THE
WAITING PERIOD.—Section 922(s)(6)(B)(i) of such
title is amended by striking ‘‘20 business days’’ and
inserting ‘‘35 calendar days’’.
(2) FIREARMS
TRANSFERS
SUBJECT
TO
IN-
STANT CHECK.—Section 922(t)(2)(C) of such title is
amended by inserting ‘‘within 35 calendar days after
the date the system provides the licensee with the
number,’’.
Æ