H. R. 1025
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To provide for a waiting period before the purchase of a handgun, and for the
establishment of a national instant criminal background check system to be
contacted by firearms dealers before the transfer of any firearm.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I—BRADY HANDGUN CONTROL
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Brady Handgun Violence Preven-
tion Act’’.
SEC. 102. FEDERAL FIREARMS LICENSEE REQUIRED TO CONDUCT
CRIMINAL BACKGROUND CHECK BEFORE TRANSFER OF
FIREARM TO NON-LICENSEE.
(a) INTERIM PROVISION.—
(1) IN GENERAL.—Section 922 of title 18, United States
Code, is amended by adding at the end the following:
‘‘(s)(1) Beginning on the date that is 90 days after the date
of enactment of this subsection and ending on the day before the
date that is 60 months after such date of enactment, it shall
be unlawful for any licensed importer, licensed manufacturer, or
licensed dealer to sell, deliver, or transfer a handgun to an individ-
ual who is not licensed under section 923, unless—
‘‘(A) after the most recent proposal of such transfer by
the transferee—
‘‘(i) the transferor has—
‘‘(I) received from the transferee a statement of
the transferee containing the information described in
paragraph (3);
‘‘(II) verified the identity of the transferee by
examining the identification document presented;
‘‘(III) within 1 day after the transferee furnishes
the statement, provided notice of the contents of the
statement to the chief law enforcement officer of the
place of residence of the transferee; and
‘‘(IV) within 1 day after the transferee furnishes
the statement, transmitted a copy of the statement
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H. R. 1025—2
to the chief law enforcement officer of the place of
residence of the transferee; and
‘‘(ii)(I) 5 business days (meaning days on which State
offices are open) have elapsed from the date the transferor
furnished notice of the contents of the statement to the
chief law enforcement officer, during which period the
transferor has not received information from the chief law
enforcement officer that receipt or possession of the hand-
gun by the transferee would be in violation of Federal,
State, or local law; or
‘‘(II) the transferor has received notice from the chief
law enforcement officer that the officer has no information
indicating that receipt or possession of the handgun by
the transferee would violate Federal, State, or local law;
‘‘(B) the transferee has presented to the transferor a written
statement, issued by the chief law enforcement officer of the
place of residence of the transferee during the 10-day period
ending on the date of the most recent proposal of such transfer
by the transferee, stating that the transferee requires access
to a handgun because of a threat to the life of the transferee
or of any member of the household of the transferee;
‘‘(C)(i) the transferee has presented to the transferor a
permit that—
‘‘(I) allows the transferee to possess or acquire a hand-
gun; and
‘‘(II) was issued not more than 5 years earlier by the
State in which the transfer is to take place; and
‘‘(ii) the law of the State provides that such a permit
is to be issued only after an authorized government official
has verified that the information available to such official does
not indicate that possession of a handgun by the transferee
would be in violation of the law;
‘‘(D) the law of the State requires that, before any licensed
importer, licensed manufacturer, or licensed dealer completes
the transfer of a handgun to an individual who is not licensed
under section 923, an authorized government official verify
that the information available to such official does not indicate
that possession of a handgun by the transferee would be in
violation of law;
‘‘(E) the Secretary has approved the transfer under section
5812 of the Internal Revenue Code of 1986; or
‘‘(F) on application of the transferor, the Secretary has
certified that compliance with subparagraph (A)(i)(III) is
impracticable because—
‘‘(i) the ratio of the number of law enforcement officers
of the State in which the transfer is to occur to the number
of square miles of land area of the State does not exceed
0.0025;
‘‘(ii) the business premises of the transferor at which
the transfer is to occur are extremely remote in relation
to the chief law enforcement officer; and
‘‘(iii) there is an absence of telecommunications facili-
ties in the geographical area in which the business prem-
ises are located.
‘‘(2) A chief law enforcement officer to whom a transferor has
provided notice pursuant to paragraph (1)(A)(i)(III) shall make a
reasonable effort to ascertain within 5 business days whether
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H. R. 1025—3
receipt or possession would be in violation of the law, including
research in whatever State and local recordkeeping systems are
available and in a national system designated by the Attorney
General.
‘‘(3) The statement referred to in paragraph (1)(A)(i)(I) shall
contain only—
‘‘(A) the name, address, and date of birth appearing on
a valid identification document (as defined in section 1028(d)(1))
of the transferee containing a photograph of the transferee
and a description of the identification used;
‘‘(B) a statement that the transferee—
‘‘(i) is not under indictment for, and has not been
convicted in any court of, a crime punishable by imprison-
ment for a term exceeding 1 year;
‘‘(ii) is not a fugitive from justice;
‘‘(iii) is not an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the Con-
trolled Substances Act);
‘‘(iv) has not been adjudicated as a mental defective
or been committed to a mental institution;
‘‘(v) is not an alien who is illegally or unlawfully in
the United States;
‘‘(vi) has not been discharged from the Armed Forces
under dishonorable conditions; and
‘‘(vii) is not a person who, having been a citizen of
the United States, has renounced such citizenship;
‘‘(C) the date the statement is made; and
‘‘(D) notice that the transferee intends to obtain a handgun
from the transferor.
‘‘(4) Any transferor of a handgun who, after such transfer,
receives a report from a chief law enforcement officer containing
information that receipt or possession of the handgun by the trans-
feree violates Federal, State, or local law shall, within 1 business
day after receipt of such request, communicate any information
related to the transfer that the transferor has about the transfer
and the transferee to—
‘‘(A) the chief law enforcement officer of the place of busi-
ness of the transferor; and
‘‘(B) the chief law enforcement officer of the place of resi-
dence of the transferee.
‘‘(5) Any transferor who receives information, not otherwise
available to the public, in a report under this subsection shall
not disclose such information except to the transferee, to law
enforcement authorities, or pursuant to the direction of a court
of law.
‘‘(6)(A) Any transferor who sells, delivers, or otherwise transfers
a handgun to a transferee shall retain the copy of the statement
of the transferee with respect to the handgun transaction, and
shall retain evidence that the transferor has complied with
subclauses (III) and (IV) of paragraph (1)(A)(i) with respect to
the statement.
‘‘(B) Unless the chief law enforcement officer to whom a state-
ment is transmitted under paragraph (1)(A)(i)(IV) determines that
a transaction would violate Federal, State, or local law—
‘‘(i) the officer shall, within 20 business days after the
date the transferee made the statement on the basis of which
the notice was provided, destroy the statement, any record
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H. R. 1025—4
containing information derived from the statement, and any
record created as a result of the notice required by paragraph
(1)(A)(i)(III);
‘‘(ii) the information contained in the statement shall not
be conveyed to any person except a person who has a need
to know in order to carry out this subsection; and
‘‘(iii) the information contained in the statement shall not
be used for any purpose other than to carry out this subsection.
‘‘(C) If a chief law enforcement officer determines that an
individual is ineligible to receive a handgun and the individual
requests the officer to provide the reason for such determination,
the officer shall provide such reasons to the individual in writing
within 20 business days after receipt of the request.
‘‘(7) A chief law enforcement officer or other person responsible
for providing criminal history background information pursuant
to this subsection shall not be liable in an action at law for
damages—
‘‘(A) for failure to prevent the sale or transfer of a handgun
to a person whose receipt or possession of the handgun is
unlawful under this section; or
‘‘(B) for preventing such a sale or transfer to a person
who may lawfully receive or possess a handgun.
‘‘(8) For purposes of this subsection, the term ‘chief law enforce-
ment officer’ means the chief of police, the sheriff, or an equivalent
officer or the designee of any such individual.
‘‘(9) The Secretary shall take necessary actions to ensure that
the provisions of this subsection are published and disseminated
to licensed dealers, law enforcement officials, and the public.’’.
(2) HANDGUN DEFINED.—Section 921(a) of title 18, United
States Code, is amended by adding at the end the following:
‘‘(29) The term ‘handgun’ means—
‘‘(A) a firearm which has a short stock and is designed
to be held and fired by the use of a single hand; and
‘‘(B) any combination of parts from which a firearm
described in subparagraph (A) can be assembled.’’.
(b) PERMANENT PROVISION.—Section 922 of title 18, United
States Code, as amended by subsection (a)(1), is amended by adding
at the end the following:
‘‘(t)(1) Beginning on the date that is 30 days after the Attorney
General notifies licensees under section 103(d) of the Brady Hand-
gun Violence Prevention Act that the national instant criminal
background check system is established, a licensed importer,
licensed manufacturer, or licensed dealer shall not transfer a fire-
arm to any other person who is not licensed under this chapter,
unless—
‘‘(A) before the completion of the transfer, the licensee
contacts the national instant criminal background check system
established under section 103 of that Act;
‘‘(B)(i) the system provides the licensee with a unique
identification number; or
‘‘(ii) 3 business days (meaning a day on which State offices
are open) have elapsed since the licensee contacted the system,
and the system has not notified the licensee that the receipt
of a firearm by such other person would violate subsection
(g) or (n) of this section; and
‘‘(C) the transferor has verified the identity of the transferee
by examining a valid identification document (as defined in
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H. R. 1025—5
section 1028(d)(1) of this title) of the transferee containing
a photograph of the transferee.
‘‘(2) If receipt of a firearm would not violate section 922 (g)
or (n) or State law, the system shall—
‘‘(A) assign a unique identification number to the transfer;
‘‘(B) provide the licensee with the number; and
‘‘(C) destroy all records of the system with respect to the
call (other than the identifying number and the date the num-
ber was assigned) and all records of the system relating to
the person or the transfer.
‘‘(3) Paragraph (1) shall not apply to a firearm transfer between
a licensee and another person if—
‘‘(A)(i) such other person has presented to the licensee
a permit that—
‘‘(I) allows such other person to possess or acquire
a firearm; and
‘‘(II) was issued not more than 5 years earlier by the
State in which the transfer is to take place; and
‘‘(ii) the law of the State provides that such a permit
is to be issued only after an authorized government official
has verified that the information available to such official does
not indicate that possession of a firearm by such other person
would be in violation of law;
‘‘(B) the Secretary has approved the transfer under section
5812 of the Internal Revenue Code of 1986; or
‘‘(C) on application of the transferor, the Secretary has
certified that compliance with paragraph (1)(A) is impracticable
because—
‘‘(i) the ratio of the number of law enforcement officers
of the State in which the transfer is to occur to the number
of square miles of land area of the State does not exceed
0.0025;
‘‘(ii) the business premises of the licensee at which
the transfer is to occur are extremely remote in relation
to the chief law enforcement officer (as defined in sub-
section (s)(8)); and
‘‘(iii) there is an absence of telecommunications facili-
ties in the geographical area in which the business prem-
ises are located.
‘‘(4) If the national instant criminal background check system
notifies the licensee that the information available to the system
does not demonstrate that the receipt of a firearm by such other
person would violate subsection (g) or (n) or State law, and the
licensee transfers a firearm to such other person, the licensee
shall include in the record of the transfer the unique identification
number provided by the system with respect to the transfer.
‘‘(5) If the licensee knowingly transfers a firearm to such other
person and knowingly fails to comply with paragraph (1) of this
subsection with respect to the transfer and, at the time such other
person most recently proposed the transfer, the national instant
criminal background check system was operating and information
was available to the system demonstrating that receipt of a firearm
by such other person would violate subsection (g) or (n) of this
section or State law, the Secretary may, after notice and opportunity
for a hearing, suspend for not more than 6 months or revoke
any license issued to the licensee under section 923, and may
impose on the licensee a civil fine of not more than $5,000.
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H. R. 1025—6
‘‘(6) Neither a local government nor an employee of the Federal
Government or of any State or local government, responsible for
providing information to the national instant criminal background
check system shall be liable in an action at law for damages—
‘‘(A) for failure to prevent the sale or transfer of a firearm
to a person whose receipt or possession of the firearm is unlaw-
ful under this section; or
‘‘(B) for preventing such a sale or transfer to a person
who may lawfully receive or possess a firearm.’’.
(c) PENALTY.—Section 924(a) of title 18, United States Code,
is amended—
(1) in paragraph (1), by striking ‘‘paragraph (2) or (3)
of’’; and
(2) by adding at the end the following:
‘‘(5) Whoever knowingly violates subsection (s) or (t) of section
922 shall be fined not more than $1,000, imprisoned for not more
than 1 year, or both.’’.
SEC. 103. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYS-
TEM.
(a) DETERMINATION OF TIMETABLES.—Not later than 6 months
after the date of enactment of this Act, the Attorney General shall—
(1) determine the type of computer hardware and software
that will be used to operate the national instant criminal back-
ground check system and the means by which State criminal
records systems and the telephone or electronic device of licens-
ees will communicate with the national system;
(2) investigate the criminal records system of each State
and determine for each State a timetable by which the State
should be able to provide criminal records on an on-line capacity
basis to the national system; and
(3) notify each State of the determinations made pursuant
to paragraphs (1) and (2).
(b) ESTABLISHMENT
OF SYSTEM.—Not later than 60 months
after the date of the enactment of this Act, the Attorney General
shall establish a national instant criminal background check system
that any licensee may contact, by telephone or by other electronic
means in addition to the telephone, for information, to be supplied
immediately, on whether receipt of a firearm by a prospective
transferee would violate section 922 of title 18, United States Code,
or State law.
(c) EXPEDITED ACTION BY THE ATTORNEY GENERAL.—The Attor-
ney General shall expedite—
(1) the upgrading and indexing of State criminal history
records in the Federal criminal records system maintained by
the Federal Bureau of Investigation;
(2) the development of hardware and software systems
to link State criminal history check systems into the national
instant criminal background check system established by the
Attorney General pursuant to this section; and
(3) the current revitalization initiatives by the Federal
Bureau of Investigation for technologically advanced fingerprint
and criminal records identification.
(d) NOTIFICATION OF LICENSEES.—On establishment of the sys-
tem under this section, the Attorney General shall notify each
licensee and the chief law enforcement officer of each State of
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H. R. 1025—7
the existence and purpose of the system and the means to be
used to contact the system.
(e) ADMINISTRATIVE PROVISIONS.—
(1) AUTHORITY
TO
OBTAIN
OFFICIAL
INFORMATION.—Not-
withstanding any other law, the Attorney General may secure
directly from any department or agency of the United States
such information on persons for whom receipt of a firearm
would violate subsection (g) or (n) of section 922 of title 18,
United States Code or State law, as is necessary to enable
the system to operate in accordance with this section. On
request of the Attorney General, the head of such department
or agency shall furnish such information to the system.
(2) OTHER AUTHORITY.—The Attorney General shall develop
such computer software, design and obtain such telecommuni-
cations and computer hardware, and employ such personnel,
as are necessary to establish and operate the system in accord-
ance with this section.
(f) WRITTEN REASONS PROVIDED ON REQUEST.—If the national
instant criminal background check system determines that an
individual is ineligible to receive a firearm and the individual
requests the system to provide the reasons for the determination,
the system shall provide such reasons to the individual, in writing,
within 5 business days after the date of the request.
(g) CORRECTION OF ERRONEOUS SYSTEM INFORMATION.—If the
system established under this section informs an individual contact-
ing the system that receipt of a firearm by a prospective transferee
would violate subsection (g) or (n) of section 922 of title 18, United
States Code or State law, the prospective transferee may request
the Attorney General to provide the prospective transferee with
the reasons therefor. Upon receipt of such a request, the Attorney
General shall immediately comply with the request. The prospective
transferee may submit to the Attorney General information to cor-
rect, clarify, or supplement records of the system with respect
to the prospective transferee. After receipt of such information,
the Attorney General shall immediately consider the information,
investigate the matter further, and correct all erroneous Federal
records relating to the prospective transferee and give notice of
the error to any Federal department or agency or any State that
was the source of such erroneous records.
(h) REGULATIONS.—After 90 days’ notice to the public and an
opportunity for hearing by interested parties, the Attorney General
shall prescribe regulations to ensure the privacy and security of
the information of the system established under this section.
(i) PROHIBITION RELATING TO ESTABLISHMENT OF REGISTRATION
SYSTEMS WITH RESPECT TO FIREARMS.—No department, agency,
officer, or employee of the United States may—
(1) require that any record or portion thereof generated
by the system established under this section be recorded at
or transferred to a facility owned, managed, or controlled by
the United States or any State or political subdivision thereof;
or
(2) use the system established under this section to estab-
lish any system for the registration of firearms, firearm owners,
or firearm transactions or dispositions, except with respect
to persons, prohibited by section 922 (g) or (n) of title 18,
United States Code or State law, from receiving a firearm.
(j) DEFINITIONS.—As used in this section:
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