I
103D CONGRESS
2D SESSION
H. R. 5232
To ensure that only persons eligible to receive a firearm may purchase
and possess firearms, and to prevent felons and persons adjudicated
mentally incompetent from obtaining firearms from firearms dealers by
providing for a system for identifying persons prohibited from possessing
firearms through a magnetic strip affixed to driver’s licenses and other
identification documents.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 6, 1994
Mr. MCMILLAN introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To ensure that only persons eligible to receive a firearm
may purchase and possess firearms, and to prevent felons
and persons adjudicated mentally incompetent from ob-
taining firearms from firearms dealers by providing for
a system for identifying persons prohibited from possess-
ing firearms through a magnetic strip affixed to driver’s
licenses and other identification documents.
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 ‘‘Firearms Licensing
Act of 1994’’.
SEC. 2. INDUCEMENT FOR STATES TO ESTABLISH A SYS-
TEM FOR IDENTIFYING PERSONS PROHIB-
ITED 
FROM 
POSSESSING 
FIREARMS
THROUGH A MAGNETIC STRIP AFFIXED TO
DRIVER’S LICENSES AND OTHER IDENTIFICA-
TION DOCUMENTS.
(a) IN GENERAL.—The Director of the Bureau of
Justice Assistance shall reduce by 25 percent the annual
allocation to a State for a fiscal year under title I of the
Omnibus Crime Control and Safe Streets Act of 1968 un-
less the State has in effect laws and procedures which,
in substance, provide the following:
(1) RECORDS CHECK REQUIRED BEFORE ISSU-
ANCE OF DRIVER’S LICENSE AND IDENTIFICATION
DOCUMENTS; USE OF MAGNETIC STRIPS TO IDEN-
TIFY
PROHIBITED
PERSONS.—Before the State
transportation agency issues, reissues, or reinstates
a license, the agency shall—
(A) conduct a record check to determine
whether the applicant therefor is a prohibited
person by examining the State list referred to
in paragraph (4) of this subsection and the na-
tional list referred to in subsection (c)(1); and
(B) affix to the license of the person a
magnetic strip on which is encoded information
that—
(i) identifies the licensee as a prohib-
ited person or as a nonprohibited person;
and
(ii) may be discerned only through the
use of an electronic device that—
(I) is read only;
(II) does not have storage or
communication capabilities; and
(III) signals the user of the de-
vice with—
(aa) a green light if the de-
vice reads a magnetic strip that
does not identify the person as a
prohibited person; and
(bb) a red light if the device
reads a magnetic strip that iden-
tifies the person as a prohibited
person.
(2) EFFECTS OF FELONY CONVICTION OR AD-
JUDICATION OF MENTAL INCOMPETENCY.—
(A) SEIZURE AND VOIDING OF DRIVER’S
LICENSE.—If a State court convicts a person of
a crime punishable by imprisonment for a term
exceeding 1 year or adjudicates a person as
mentally incompetent, the court shall seize any
license issued to the person by the State trans-
portation agency, and any such license shall be
void.
(B) MAGNETIC
STRIP
IDENTIFYING
LI-
CENSEE AS A PROHIBITED PERSON TO BE AT-
TACHED
TO
FUTURE
LICENSES.—The State
transportation agency shall affix to any license
issued to a prohibited person a magnetic strip
of the type described in paragraph (1)(B) that
identifies the licensee as a prohibited person.
(3) FUNDING
OF
RECORDS
CHECKS
BY
IN-
CREASING FINES IMPOSED UPON CONVICTED FEL-
ONS.—Any person convicted in the State of a crime
punishable by imprisonment for a term exceeding 1
year shall, in addition to any sentence imposed
under any other provision of State law, be fined an
amount sufficient to cover the expenses of criminal
records checks conducted pursuant to paragraph
(1)(A), taking all such convictions into account on
an annual basis.
(4) REQUIREMENT TO MAINTAIN AND UPDATE
COMPUTERIZED
LIST
OF
PROHIBITED
PERSONS.—
The State shall create and maintain a computerized
list of all persons who are prohibited persons by rea-
son of a conviction or adjudication in the State, and,
within 2 years after the date of the enactment of
this Act, shall achieve and maintain at least 80 per-
cent currency of case dispositions in the computer-
ized list for all cases in which there has been an
entry of activity within the then immediately preced-
ing 5 years.
(b) DEFINITIONS.—As used in this section:
(1) LICENSE.—The term ‘‘license’’ means a li-
cense or permit to operate a motor vehicle on the
roads and highways of the State, and any identifica-
tion document issued by a State transportation
agency solely for purposes of identification.
(2) PROHIBITED PERSON.—The term ‘‘prohib-
ited person’’ means a person who—
(A) has been convicted of a crime punish-
able under Federal or State law by imprison-
ment for a term exceeding 1 year;
(B)(i) has been adjudicated mentally in-
competent; and
(ii)(I) has not been restored to capacity by
court order; or
(II) has been so restored to capacity for
less than 5 years; or
(C) is an unlawful user of or addicted to
any controlled substance (as defined in section
General of the United States to notify the person of
the reasons therefor.
(2) COMPLIANCE
WITH
REQUEST.—Within 5
days after receipt of a request under paragraph (1),
the Attorney General shall comply with the request.
(3) SUBMISSION
OF
ADDITIONAL
INFORMA-
TION.—Any person described in paragraph (1) may
submit to the Attorney General information to cor-
rect, clarify, or supplement records maintained
under this section with respect to the person.
(4) CONSIDERATION AND USE OF ADDITIONAL
INFORMATION.—Within 5 days after receipt of such
information, the Attorney General shall consider the
information, investigate the matter further, correct
any and all erroneous Federal records relating to
such person, and notify any Federal department or
agency or any State that was the source of the erro-
neous records of the errors.
(e) JUDICIAL
REVIEW.—Any person erroneously
identified as a prohibited person in records maintained
pursuant to this section may bring an action in any United
States district court against the United States, or any
State or political subdivision thereof which is the source
of the erroneous information, for damages (including con-
sequential damages), injunctive relief, and such other re-
lief as the court deems appropriate. If the person prevails
in the action, the court shall allow the person a reasonable
attorney’s fee as part of the costs.
SEC. 3. LICENSED FIREARMS DEALERS REQUIRED TO
CHECK MAGNETIC STRIP ON DRIVER’S LI-
CENSE OF ANY PERSON ATTEMPTING TO
PURCHASE A FIREARM.
(a) PROHIBITION.—Section 922 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(y)(1) It shall be unlawful for a person to possess
a firearm unless the person is carrying an identification
document, issued to the person by the transportation
agency of the State in which the person resides, affixed
to which is a magnetic strip of the type described in sec-
tion 2(a)(1)(B) of the Firearms Licensing Act of 1994 on
which is encoded information that identifies the licensee
as a person who is not a prohibited person.
‘‘(2) It shall be unlawful for any licensed dealer
knowingly to—
‘‘(A) transfer a firearm to any person not li-
censed under section 923, unless the licensed dealer
has used an electronic device described in section
2(a)(1)(B)(ii) of the Firearms Licensing Act of 1994
to read the magnetic strip affixed to an identifica-
tion document issued to the person by the transpor-
tation agency of the State in which the premises of
the licensed dealer is located; or
‘‘(B) fail to notify local law enforcement au-
thorities, within 72 hours, of any person attempting
to purchase a firearm who is identified as a prohib-
ited person through the use of such a device.
‘‘(3) As used in this subsection:
‘‘(A) The term ‘identification document’
means a license or permit to operate a motor
vehicle, and any identification document issued
solely for purposes of identification.
‘‘(B) The term ‘‘prohibited person’’ means
a person who—
‘‘(i) has been convicted of a crime
punishable under Federal or State law by
imprisonment for a term exceeding 1 year;
‘‘(ii)(I) has been adjudicated mentally
incompetent; and
‘‘(II)(aa) has not been restored to ca-
pacity by court order; or
‘‘(bb) has been so restored to capacity
for less than 5 years; or
‘‘(iii) is an unlawful user of or ad-
dicted to any controlled substance (as de-
fined in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802).
‘‘(C) The term ‘transportation agency’
means the agency responsible for issuing com-
mercial or noncommercial identification docu-
ments.’’.
(b) PENALTIES.—Section 924(a) of such title is
amended by adding at the end the following:
‘‘(6)(A)(i) Subject to this subparagraph, a person
who knowingly violates section 922(y)(1) shall be impris-
oned not less than 6 months and not more than 1 year.
‘‘(ii) Upon conviction of a violation of section
922(y)(1), the court shall offer the defendant the oppor-
tunity to seek enlistment or appointment in the Armed
Forces.
‘‘(iii) If the defendant immediately accepts the offer
described in clause (ii), the court shall, in lieu of imposing
any other sentence on the defendant, impose a probation-
ary sentence on the defendant, with at least the following
conditions:
‘‘(I) The defendant shall immediately seek en-
listment or appointment in the Armed Forces.
‘‘(II) The defendant shall become enlisted or
appointed in the Armed Forces within 60 days after
imposition of such sentence.
‘‘(III) The defendant shall complete the mini-
mum period of obligated active service required
under the enlistment or appointment.
‘‘(iv) The court may not modify or reduce any of the
conditions set forth in clause (iii) of a sentence of proba-
tion imposed under this subparagraph.
‘‘(v) Subsections (c) and (d) of section 3564, and sec-
tion 3565(b), shall not apply to a sentence of probation
imposed under this subparagraph.
‘‘(B) A licensed dealer who knowingly violates section
922(y)(2) shall be fined under this title in an amount that
is not less than $15,000, imprisoned not less than 1 year
and not more than 3 years, or both.’’.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect at the end of the 2-year period that begins with
the date of the enactment of this Act.
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