I
105TH CONGRESS
2D SESSION
H. R. 4233
To amend title 18, United States Code, to require the reporting of information
to the chief law enforcement officer of the buyer’s residence and a
minimum 72-hour waiting period before the purchase of a handgun.
IN THE HOUSE OF REPRESENTATIVES
JULY 15, 1998
Mr. SCHUMER introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend title 18, United States Code, to require the report-
ing of information to the chief law enforcement officer
of the buyer’s residence and a minimum 72-hour 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 Waiting Period
Extension Act of 1998’’.
SEC. 2. MINIMUM 72-HOUR HANDGUN PURCHASE WAITING
PERIOD ESTABLISHED.
Section 922(t) of title 18, United States Code, is
amended—
(1) in paragraph (1)—
(A) in subparagraph (A)—
(i) by striking ‘‘before the completion
of the transfer, the licensee’’ and inserting
‘‘after the most recent proposal of the
transfer by the transferee, the licensee, as
expeditiously as is feasible,’’; and
(ii) by inserting ‘‘and the chief law en-
forcement officer of the place of residence
of the transferee’’ after ‘‘Act’’;
(B) in subparagraph (B)(ii)—
(i) by striking ‘‘3’’ and inserting ‘‘5’’;
and
(ii) by striking ‘‘and’’ after the semi-
colon;
(C) in subparagraph (C), by striking the
period and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(D) if the firearm is a handgun—
‘‘(i) at least 72 hours have elapsed since
the licensee contacted the system;
‘‘(ii) the transferee has presented to the
transferor a written statement, issued by the
chief law enforcement officer of the place of res-
idence of the transferee during the 10-day pe-
riod ending on the date of the most recent pro-
posal of such transfer by the transferee, stating
that the transferee requires access to a hand-
gun because of a threat to the life of the trans-
feree or of any member of the household of the
transferee; or
‘‘(iii) the law of the State requires that,
before any licensed importer, licensed manufac-
turer, or licensed dealer completes the transfer
of a handgun to an individual who is not li-
censed under section 923, an authorized State
or local government official verify that the in-
formation available to such official does not in-
dicate that possession of a handgun by the
transferee would be in violation of law.’’; and
(2) by adding at the end the following:
‘‘(7) 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.
‘‘(8) Any chief law enforcement officer who accepts
a statement transmitted under paragraph (1)(A) shall,
within 20 business days after the date the transferee made
the statement, destroy the statement and any record con-
taining information derived from the statement, unless the
chief law enforcement officer determines that the trans-
action would violate Federal, State, or local law.
‘‘(9) The Attorney General shall promulgate regula-
tions regarding the manner in which information shall be
transmitted by licensees to the national instant criminal
background check system under paragraph (1)(A).’’.
Æ