I
103D CONGRESS
1ST SESSION
H. R. 1025
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.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 22, 1993
Mr. SCHUMER (for himself, Mr. SENSENBRENNER, Mr. SYNAR, Mr. MAZZOLI,
Mr. GIBBONS, Mr. GLICKMAN, Mr. BRYANT, Mr. SAWYER, Mr. STARK,
Mr. FAZIO, Mr. STUDDS, Mr. REYNOLDS, Mr. MCDERMOTT, Mr. JA-
COBS, Mr. MANTON, Ms. PELOSI, Mr. PORTER, Mr. TOWNS, Mr. BER-
MAN, Mr. BORSKI, Mr. BACCHUS of Florida, Mrs. SCHROEDER, Mr.
MORAN, Ms. SLAUGHTER, Mr. FILNER, Mr. BOEHLERT, Mr. HALL of
Ohio, Mr. BARRETT of Wisconsin, Mr. SHAYS, Mr. SKAGGS, Mrs. ROU-
KEMA, Mr. KLEIN, Mr. EVANS, Mr. MINETA, Mr. DERRICK, Mr. LIPIN-
SKI, Mr. KLUG, Mr. ANDREWS of Maine, Mr. DEUTSCH, Mr. EDWARDS
of California, Mr. YATES, Mr. TORRICELLI, Mr. WHEAT, Mr. TUCKER,
Mr. ROEMER, Ms. FURSE, Ms. MOLINARI, Mrs. BYRNE, Mrs. BENTLEY,
Mrs. MALONEY, Mr. CARDIN, Mr. GEJDENSON, Mr. MEEHAN, Mr.
FINGERHUT, Mr. SANGMEISTER, Mr. NADLER, Mr. MARKEY, Mr.
HUGHES, Mr. DELLUMS, Mr. OWENS, Ms. WATERS, Mr. DE LUGO, Mr.
HYDE, Mr. STOKES, Mr. WAXMAN, Mr. DURBIN, Mr. ACKERMAN, Mr.
BONIOR, Mr. SERRANO, Mr. COYNE, Mr. LANTOS, Mr. MFUME, Mrs.
MORELLA, Ms. DELAURO, Mr. ANDREWS of New Jersey, Ms. NORTON,
Mr. FALEOMAVAEGA, Mr. HOAGLAND, Mr. MILLER of California, Mr.
REED, Mr. HOYER, Mr. HOCHBRUECKNER, Mr. JOHNSTON of Florida,
Mr. SABO, Mr. BROWN of California, Mr. LEWIS of Georgia, Mr. FOGLI-
ETTA, Mr. FRANK of Massachusetts, Mr. GUTIERREZ, Mr. GOSS, Mrs.
KENNELLY, Mr. BEILENSON, Ms. KAPTUR, Mrs. MINK, Mr. MATSUI, Mr.
FLAKE, Ms. VELA´ZQUEZ, Mrs. LOWEY, and Mr. WYNN) introduced the
following bill; which was referred to the Committee on the Judiciary
APRIL 20, 1993
Additional sponsors: Mr. LEACH, Mr. ENGEL, Mr. GONZALEZ, Ms.
MARGOLIES-MEZVINSKY, Mr. LAFALCE, Ms. BROWN of Florida, Mr.
MOAKLEY, Mr. WATT, Mr. MANN, Ms. ROYBAL-ALLARD, Mr. WYDEN,
Mr. RUSH, Ms. SCHENK, Ms. WOOLSEY, Mr. LEVIN, Mr. KLECZKA, Ms.
HARMAN, Mr. MENENDEZ, Mr. RANGEL, Ms. EDDIE BERNICE JOHNSON
•HR 1025 SC2
‘‘(IV) within 1 day after the trans-
feree furnishes the statement, transmitted
a copy of the statement to the chief law
enforcement officer of the place of resi-
dence of the transferee; and
‘‘(ii)(I) 5 business days (as defined by days
in 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 handgun 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 re-
ceipt or possession of the handgun by the trans-
feree would violate Federal, State, or local law;
‘‘(B) the transferee has presented to the trans-
feror a written statement, issued by the chief law en-
forcement 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
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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 a
handgun; 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 gov-
ernment official has verified that the information
available to such official does not indicate that pos-
session 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 li-
censed dealer completes the transfer of a handgun to
an individual who is not licensed under section 923,
an authorized government official verify that the in-
formation available to such official does not indicate
that possession of a handgun by the transferee
would be in violation of law, except that this sub-
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paragraph shall not apply to a State that, on the
date of certification pursuant to section 3(d) of the
Brady Handgun Violence Prevention Act, is not in
compliance with the timetable established pursuant
to section 3(c) of such Act;
‘‘(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 Sec-
retary has certified that compliance with subpara-
graph (A)(i)(III) is impracticable because—
‘‘(i) the ratio of the number of law enforce-
ment 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 trans-
feror at which the transfer is to occur are ex-
tremely remote in relation to the chief law en-
forcement officer; and
‘‘(iii) there is an absence of telecommuni-
cations facilities in the geographical area in
which the business premises are located.
‘‘(2) A chief law enforcement officer to whom a trans-
feror has provided notice pursuant to paragraph
(1)(A)(i)(III) shall make a reasonable effort to ascertain
•HR 1025 SC2
within 5 business days whether the transferee has a crimi-
nal record or whether there is any other legal impediment
to the transferee’s receiving a handgun, including research
in whatever State and local recordkeeping systems are
available and in a national system designated by the Attor-
ney General.
‘‘(3) The statement referred to in paragraph
(1)(A)(i)(I) shall contain only—
‘‘(A) the name, address, and date of birth ap-
pearing on a valid identification document (as de-
fined in section 1028(d)(1)) of the transferee con-
taining a photograph of the transferee and a de-
scription of the identification used;
‘‘(B) a statement that transferee—
‘‘(i) is not under indictment for, and has
not been convicted in any court of, a crime pun-
ishable by imprisonment 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 sec-
tion 102 of the Controlled Substances Act);
‘‘(iv) has not been adjudicated as a mental
defective or been committed to a mental institu-
tion;
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‘‘(v) is not an alien who is illegally or un-
lawfully 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 ob-
tain 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 transferee violates Federal, State,
or local law shall immediately communicate all information
the transferor has about the transfer and the transferee
to—
‘‘(A) the chief law enforcement officer of the
place of business of the transferor; and
‘‘(B) the chief law enforcement officer of the
place of residence 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
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the transferee, to law enforcement authorities, or pursuant
to the direction of a court of law.
‘‘(6)(A) Any transferor who sells, delivers, or other-
wise 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 statement 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 and any record containing information
derived from the statement;
‘‘(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 state-
ment shall not be used for any purpose other than
to carry out this subsection.
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‘‘(7) A chief law enforcement officer or other person
responsible for providing criminal history background in-
formation 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 posses-
sion 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 enforcement 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 en-
sure that the provisions of this subsection are published
and disseminated to licensed dealers, law enforcement offi-
cials, and the public.’’.
(2) HANDGUN
DEFINED.—Section 921(a) of
such title is amended by adding at the end the fol-
lowing:
‘‘(29) The term ‘handgun’ means—
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‘‘(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 as-
sembled.’’.
(b) PERMANENT PROVISION.—Section 922 of title
18, United States Code, as amended by subsection (a)(1)
of this section, is amended by adding at the end the follow-
ing:
‘‘(t)(1) Beginning on the date that the Attorney Gen-
eral certifies under section 3(d)(1) of the Brady Handgun
Violence Prevention Act that the national instant criminal
background check system is established (except as pro-
vided in paragraphs (2) and (3) of such section), a li-
censed importer, licensed manufacturer, or licensed dealer
shall not transfer a firearm to any other person who is
not such a licensee, unless—
‘‘(A) before the completion of the transfer, the
licensee contacts the national instant criminal back-
ground check system established under section 3 of
such Act;
‘‘(B) the system notifies the licensee that the
system has not located any record that demonstrates
that the receipt of a firearm by such other person
•HR 1025 SC2
would violate subsection (g) or (n) of this section or
any State or local law; and
‘‘(C) the transferor has verified the identity of
the transferee by examining a valid identification
document (as defined in section 1028(d)(1) of this
title) of the transferee containing a photograph of
the transferee.
‘‘(2) 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 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 gov-
ernment official has verified that the information
available to such official does not indicate that pos-
session 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
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‘‘(C) on application of the transferor, the Sec-
retary has certified that compliance with paragraph
(1)(A) is impracticable because—
‘‘(i) the ratio of the number of law enforce-
ment 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 subsection (u)(8)); and
‘‘(iii) there is an absence of telecommuni-
cations facilities in the geographical area in
which the business premises are located.
‘‘(3) If the national instant criminal background
check system notifies the licensee that the information
available to the system does not demonstrate that the re-
ceipt of a firearm by such other person would violate sub-
section (g) or (n), 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.
‘‘(4) In addition to the authority provided under sec-
tion 923(e), if the licensee knowingly transfers a firearm
to such other person and knowingly fails to comply with
•HR 1025 SC2
paragraph (1) of this subsection with respect to the trans-
fer and, at the time such other person most recently pro-
posed the transfer, the national instant criminal back-
ground 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, 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.
‘‘(5) Neither a local government nor an employee of
the Federal Government or of any State or local govern-
ment, 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 handgun to a person whose receipt or posses-
sion 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.’’.
(c) PENALTY.—Section 924(a) of title 18, United
States Code, is amended—
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(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, impris-
oned for not more than 1 year, or both.’’.
SEC. 
3. 
NATIONAL 
INSTANT 
CRIMINAL 
BACKGROUND
CHECK SYSTEM.
(a) ESTABLISHMENT
OF SYSTEM.—The Attorney
General of the United States shall establish a national in-
stant criminal background check system that any licensee
may contact for information on whether receipt of a fire-
arm by a prospective transferee thereof would violate sub-
section (g) or (n) of section 922 of title 18, United States
Code, or any State or local law.
(b) EXPEDITED ACTION BY THE ATTORNEY GEN-
ERAL.—The Attorney General shall expedite—
(1) the upgrading and indexing of State crimi-
nal history records in the Federal criminal records
system maintained by the Federal Bureau of Inves-
tigation;
(2) the development of hardware and software
systems to link State criminal history check systems
into the national instant criminal background check
•HR 1025 SC2
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 identifica-
tion.
(c) PROVISION OF STATE CRIMINAL RECORDS TO
THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
SYSTEM.—(1) Not later than 6 months after the date of
enactment of this Act, the Attorney General shall—
(A) determine the type of computer hardware
and software that will be used to operate the na-
tional instant criminal background check system and
the means by which State criminal records systems
will communicate with the national system;
(B) investigate the criminal records system of
each State and determine for each State a timetable
by which the State should be able to provide crimi-
nal records on an on line capacity basis to the na-
tional system; and
(C) notify each State of the determinations
made pursuant to subparagraphs (A) and (B).
(2) The Attorney General shall require as a part of
the State timetable that the State achieve, by the end of
5 years after the date of enactment of this Act, at least
•HR 1025 SC2
80 percent currency of case dispositions in computerized
criminal history files for all cases in which there has been
an event of activity within the last 5 years and continue
to maintain such a system.
(d) NATIONAL SYSTEM CERTIFICATION.—(1) On the
date that is 30 months after the date of enactment of this
Act, and at any time thereafter, the Attorney General shall
determine whether—
(A) the national system has achieved at least
80 percent currency of case dispositions in comput-
erized criminal history files for all cases in which
there has been an event of activity within the last
5 years on a national average basis; and
(B) the States are in compliance with the time-
table established pursuant to subsection (c),
and, if so, shall certify that the national system is estab-
lished.
(2) If, on the date of certification in paragraph (1)
of this subsection, a State is not in compliance with the
timetable established pursuant to subsection (c) of this
section, section 922(s) of title 18, United States Code,
shall remain in effect in such State and section 922(t) of
such title shall not apply to the State. The Attorney Gen-
eral shall certify if a State subject to the provisions of
section 922(s) under the preceding sentence achieves com-
•HR 1025 SC2
pliance with its timetable after the date of certification
in paragraph (1) of this subsection, and section 922(s) of
title 18, United States Code, shall not apply to such State
and section 922(t) of such title shall apply to the State.
(3) Six years after the date of enactment of this Act,
the Attorney General shall certify whether or not a State
is in compliance with subsection (c)(2) of this section and
if the State is not in compliance, section 922(s) of title
18, United States Code, shall apply to the State and sec-
tion 922(t) of such title shall not apply to the State. The
Attorney General shall certify if a State subject to the pro-
visions of section 922(s) under the preceding sentence
achieves compliance with the standards in subsection
(c)(2) of this section, and section 922(s) of title 18, United
States Code, shall not apply to the State and section
922(t) of such title shall apply to the State.
(e) NOTIFICATION
OF LICENSEES.—On establish-
ment of the system under this section, the Attorney Gen-
eral shall notify each licensee and the chief law enforce-
ment officer of each State of the existence and purpose
of the system and the means to be used to contact the
system.
(f) ADMINISTRATIVE PROVISIONS.—
(1) AUTHORITY TO OBTAIN OFFICIAL INFORMA-
TION.—Notwithstanding any other law, the Attorney
•HR 1025 SC2
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, Unit-
ed States Code, or any State or local law, as is nec-
essary to enable the system to operate in accordance
with this section. On request of the Attorney Gen-
eral, 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 ob-
tain such telecommunications and computer hard-
ware, and employ such personnel, as are necessary
to establish and operate the system in accordance
with this section.
(g) CORRECTION OF ERRONEOUS SYSTEM INFORMA-
TION.—If the system established under this section in-
forms an individual contacting the system that receipt of
a firearm by a prospective transferee would violate sub-
section (g) or (n) of section 922 of title 18, United States
Code, or any State or local law, the prospective transferee
may request the Attorney General to provide the prospec-
tive transferee with the reasons therefor. Upon receipt of
such a request, the Attorney General shall immediately
comply with the request. The prospective transferee may
•HR 1025 SC2
submit to the Attorney General information that to cor-
rect, clarify, or supplement records of the system with re-
spect to the prospective transferee. After receipt of such
information, the Attorney General shall immediately con-
sider the information, investigate the matter further, and
correct all erroneous Federal records relating to the pro-
spective transferee and give notice of the error to any Fed-
eral department or agency or any State that was the
source of such erroneous records.
(h) REGULATIONS.—After 90 days notice to the pub-
lic 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) PROHIBITIONS RELATING TO ESTABLISHMENT OF
REGISTRATION
SYSTEMS
WITH
RESPECT
TO
FIRE-
ARMS.—No department, agency, officer, or employee of
the United States may—
(1) require that any record or portion thereof
maintained by the system established under this sec-
tion 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 sec-
tion to establish any system for the registration of
•HR 1025 SC2
firearms, firearm owners, or firearm transactions or
dispositions, except with respect to persons prohib-
ited by section 922 (g) or (n) of title 18, United
States Code, from receiving a firearm.
(j) DEFINITIONS.—As used in this section:
(1) LICENSEE.—The term ‘‘licensee’’ means a
licensed importer, licensed manufacturer, or licensed
dealer under section 923 of title 18, United States
Code.
(2) OTHER TERMS.—The terms ‘‘firearm’’, ‘‘li-
censed importer’’, ‘‘licensed manufacturer’’, and ‘‘li-
censed dealer’’ have the meanings stated in section
921(a) (3), (9), (10), and (11), respectively, of title
18, United States Code.
SEC. 
4. 
FUNDING 
FOR 
IMPROVEMENT 
OF 
CRIMINAL
RECORDS.
(a) IMPROVEMENTS IN STATE RECORDS.—
(1) USE OF FORMULA GRANTS.—Section 509(b)
of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3759(b)) is amend-
ed—
(A) in paragraph (2) by striking ‘‘and’’
after the semicolon;
(B) in paragraph (3) by striking the period
and inserting ‘‘; and’’; and
•HR 1025 SC2
(C) by adding at the end the following new
paragraph:
‘‘(4) the improvement of State record systems
and the sharing with the Attorney General of all of
the records described in paragraphs (1), (2), and (3)
of this subsection and the records required by the
Attorney General under section 3 of the Brady
Handgun Violence Prevention Act, for the purpose
of implementing such Act.’’.
(2) ADDITIONAL FUNDING.—
(A) GRANTS FOR THE IMPROVEMENT OF
CRIMINAL
RECORDS.—The Attorney General,
through the Bureau of Justice Statistics, shall,
subject to appropriations and with preference to
States that as of the date of enactment of this
Act have the lowest percent currency of case
dispositions in computerized criminal history
files, make a grant to each State to be used—
(i) for the creation of a computerized
criminal history record system or improve-
ment of an existing system;
(ii) to improve accessibility to the na-
tional instant criminal background system;
and
•HR 1025 SC2
(iii) upon establishment of the na-
tional system, to assist the State in the
transmittal of criminal records to the na-
tional system.
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated for grants under subparagraph (A) a
total of $100,000,000 for fiscal year 1992 and
all fiscal years thereafter.
(b) WITHHOLDING STATE FUNDS.—Effective on the
date of enactment of this Act the Attorney General may
reduce by up to 50 percent the allocation to a State for
a fiscal year under title I of the Omnibus Crime Control
and Safe Streets Act of 1968 of a State that is not in
compliance with the timetable established for such State
under section 3(c) of this Act.
(c) WITHHOLDING
OF DEPARTMENT
OF JUSTICE
FUNDS.—If the Attorney General does not certify the na-
tional instant criminal background check system pursuant
to section 3(d)(1) by—
(1) 30 months after the date of enactment of
this Act the general administrative funds appro-
priated to the Department of Justice for the fiscal
year beginning in the calendar year in which the
date that is 30 months after the date of enactment
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of this Act falls shall be reduced by 5 percent on a
monthly basis; and
(2) 42 months after the date of enactment of
this Act the general administrative funds appro-
priated to the Department of Justice for the fiscal
year beginning in the calendar year in which the
date that is 42 months after the date of enactment
of this Act falls shall be reduced by 10 percent on
a monthly basis.
Æ
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