I
104TH CONGRESS
1ST SESSION
H. R. 964
To amend title 18, United States Code, to prohibit the transfer of 2 or
more handguns to an individual in any 30-day period.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 15, 1995
Mr. TORRICELLI (for himself, Mr. SHAYS, Mr. ROMERO-BARCELO´, Mr. LIPIN-
SKI, Mr. GUTIERREZ, Mr. BARRETT of Wisconsin, Ms. PELOSI, Mr. ACK-
ERMAN, Mr. NADLER, and Mrs. LOWEY) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to prohibit the trans-
fer of 2 or more handguns to an individual in any
30-day period.
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 ‘‘Multiple Handgun
Transfer Prohibition Act of 1995’’.
SEC. 2. MULTIPLE HANDGUN TRANSFER PROHIBITION.
(a) IN GENERAL.—Section 922 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(y)(1)(A)(i) It shall be unlawful for any licensed im-
porter, licensed manufacturer, or licensed dealer—
‘‘(I) during any 30-day period, to transfer 2 or
more handguns to an individual who is not licensed
under section 923; or
‘‘(II) to transfer a handgun to an individual
who is not licensed under section 923 and who re-
ceived a handgun during the 30-day period ending
on the date of the transfer.
‘‘(ii) It shall be unlawful for any individual who is
not licensed under section 923 to receive 2 or more hand-
guns during any 30-day period.
‘‘(iii) It shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer to transfer a
handgun to an individual who is not licensed under section
923, unless, after the most recent proposal of the transfer
by the individual, the transferor has—
‘‘(I) received from the individual a statement of
the individual containing the information described
in paragraph (3);
‘‘(II) verified the identification of the individual
by examining the identification document presented;
and
‘‘(III) within 1 day after the individual fur-
nishes the statement, provided a copy of the state-
ment to the chief law enforcement officer of the
place of residence of the individual.
‘‘(B) Subparagraph (A) shall not apply to the trans-
fer of a handgun to, or the receipt of a handgun by, an
individual who has presented to the transferor a written
statement, issued by the chief law enforcement officer of
the place of residence of the individual during the 10-day
period ending on the date of the transfer or receipt, which
states that the individual requires access to a handgun be-
cause of a threat to the life of the individual or of any
member of the household of the individual.
‘‘(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)(iii)(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 individual con-
taining a photograph of the individual and a descrip-
tion of the identification used;
‘‘(B) a statement that the individual—
‘‘(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;
‘‘(vii) is not a person who, having been a
citizen of the United States, has renounced
such citizenship;
‘‘(viii) has not received a handgun during
the 30-day period ending on the date of the
statement; and
‘‘(ix) is not subject to a court order that—
‘‘(I) restrains the individual from
harassing, stalking, or threatening an inti-
mate partner of the individual or child of
such intimate partner or of the individual,
or engaging in other conduct that would
place an intimate partner in reasonable
fear of bodily injury to the partner or
child;
‘‘(II) was issued after a hearing of
which the individual received actual notice,
and at which the individual had the oppor-
tunity to participate; and
‘‘(III)(aa) includes a finding that the
individual represents a credible threat to
the physical safety of such intimate part-
ner or child; or
‘‘(bb) by its terms explicitly prohibits
the use, attempted use, or threatened use
of physical force against such intimate
partner or child that would reasonably be
expected to cause bodily injury;
‘‘(C) the date the statement is made; and
‘‘(D) notice that the individual intends to ob-
tain a handgun from the transferor.
‘‘(4) Any transferor of a handgun who, after the
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, with respect to an indi-
vidual in a report under this subsection shall not disclose
such information except to the individual, to law enforce-
ment authorities, or pursuant to the direction of a court
of law.
‘‘(6) In the case of a handgun transfer to which para-
graph (1)(A) applies—
‘‘(A) the transferor shall retain—
‘‘(i) the copy of the statement of the trans-
feree with respect to the transfer; and
‘‘(ii) evidence that the transferor has com-
plied with paragraph (1)(A)(iii)(III) with re-
spect to the statement; and
‘‘(B) the chief law enforcement officer to whom
a copy of a statement is sent pursuant to paragraph
(1)(A)(iii)(III) shall retain the copy for at least 30
calendar days after the date the statement was
made.
‘‘(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) This subsection shall not apply to the sale of
a firearm in the circumstances described in subsection (c).
‘‘(9) The Secretary shall take necessary actions to as-
sure that the provisions of this subsection are published
and disseminated to dealers and to the public.’’.
(b) PENALTY.—Section 924(a) of such title is amend-
ed by redesignating the 2nd paragraph (5) as paragraph
(6) and by adding at the end the following:
‘‘(7) Whoever knowingly violates section 922(y) shall
be fined under this title, imprisoned for not more than
1 year, or both.’’.
(c) 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.
Æ