I
103D CONGRESS
1ST SESSION
H. R. 277
To amend title 18, United States Code, to require a waiting period before
the purchase of a handgun.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. MAZZOLI introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend title 18, United States Code, to require a waiting
period before the purchase of a handgun.
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 ‘‘Brady Handgun Vio-
lence Prevention Act’’.
SEC. 2. WAITING PERIOD REQUIRED BEFORE PURCHASE
OF HANDGUN.
(a) IN GENERAL.—Section 922 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(s)(1) It shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer to sell, deliver,
or transfer a handgun to an individual 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 identification of the
transferee by examining the identification
document presented; and
‘‘(III) within one day after the trans-
feree furnishes the statement, provided a
copy of the statement to the chief law en-
forcement officer of the place of residence
of the transferee; and
‘‘(ii)(I) 7 days have elapsed from the date
the transferee furnished the statement, and 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
the transferee, which states that the transferee re-
quires 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 which—
‘‘(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 law;
‘‘(D) the law of the State—
‘‘(i) prohibits any licensed importer, li-
censed manufacturer, or licensed dealer from
transferring a handgun to an individual who is
not licensed under section 923, before at least
7 days have elapsed from the date the trans-
feree proposes such transfer; or
‘‘(ii) requires that, before any licensed im-
porter, licensed manufacturer, or licensed dealer
completes the transfer of a handgun to an indi-
vidual who is not licensed under section 923, an
authorized government official verifies that the
information available to such official does not
indicate that possession of a handgun by the
transferee would be in violation of law; or
‘‘(E) the transferor has received a report from
any system of felon identification established by the
Attorney General pursuant to section 6213(a) of the
Anti-Drug Abuse Amendments Act of 1988, that
available information does not indicate that posses-
sion or receipt of a handgun by the transferee would
violate Federal, State, or local law.
‘‘(2) Paragraph (1) shall not be interpreted to require
any action by a chief law enforcement officer which is not
otherwise required.
‘‘(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 the 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
one 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;
‘‘(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
the transferee, to law enforcement authorities, or pursuant
to the direction of a court of law.
‘‘(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.’’.
(c) PENALTY.—Section 924(a) of such title is amend-
ed—
(1) in paragraph (1), by striking ‘‘paragraph
(2) or (3) of’’; and
(2) by adding at the end the following:
‘‘(5) Whoever knowingly violates section 922(s) shall
be fined not more than $1,000, imprisoned for not more
than one year, or both.’’.
(d) EFFECTIVE DATE.—The amendments made by
this Act shall apply to conduct engaged in 90 or more days
after the date of the enactment of this Act.
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