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(6) that violent crimes perpetrated with hand-
guns constitute a burden upon and interfere with
interstate and foreign commerce and threaten the
internal security and domestic tranquillity of the Na-
tion; and
(7) that a national firearms policy which re-
stricts the availability of handguns for nonlaw en-
forcement and nonmilitary purposes will significantly
reduce violent crime, reduce deaths from handguns,
and reduce other handgun violence in the United
States.
SEC. 3. HANDGUN CONTROLS.
Title 18, United States Code, is amended by inserting
after chapter 50 the following:
‘‘CHAPTER 50A—HANDGUNS
‘‘Sec.
‘‘1091. Unlawful acts.
‘‘1092. Licensing.
‘‘1093. Penalties.
‘‘1094. Exceptions.
‘‘1095. Voluntary delivery to law enforcement agency; reimbursement.
‘‘1096. Rules and regulations.
‘‘1097. Effect on State law.
‘‘1098. Definitions.
‘‘§ 1091. Unlawful acts
‘‘(a) Except as provided in section 1094 of this chap-
ter and in subsection (b) of this section, it shall be unlaw-
ful for any person to import, manufacture, sell, buy, trans-
fer, receive, or transport any handgun.
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‘‘(b) The Secretary may, consistent with public safety
and necessity, exempt from the operation of subsection (a)
of this section such importation, manufacture, sale, pur-
chase, transfer, receipt, or transportation of handguns by
importers, manufacturers, or dealers, licensed under chap-
ter 44 of this title, and by pistol clubs licensed under this
chapter, as may in his judgment be required for the oper-
ation of such pistol clubs or for purposes described in sec-
tion 1094 of this chapter.
‘‘§ 1092. Licensing
‘‘(a) A pistol club desiring to be licensed under this
chapter shall file an application for such license with the
Secretary. The application shall be in such form and con-
tain such information as the Secretary shall by regulation
prescribe. The fee for such license shall be $25 per year.
‘‘(b) Any importer, manufacturer, or dealer desiring
to be licensed under this chapter shall apply as provided
in chapter 44 of this title.
‘‘(c) Any application submitted under subsection (a)
shall be approved if—
‘‘(1) all members of the pistol club are twenty-
one years of age or older;
‘‘(2) no member of the pistol club is prohibited
from transporting, shipping, or receiving firearms or
ammunition in interstate or foreign commerce under
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section 922(g) or (h) of this title or under the law
of the State in which the club will be located or of
the State in which the member is domiciled;
‘‘(3) no member of the pistol club has willfully
violated any of the provisions of this chapter or of
chapter 44 of this title or any regulations issued
thereunder;
‘‘(4) the pistol club has not willfully failed to
disclose any material information required, or has
not made any false statement as to any material
fact, in connection with his application; and
‘‘(5) the pistol club has premises from which it
operates and—
‘‘(A) maintains possession and control of
the handguns used by its members, and
‘‘(B) has procedures and facilities for keep-
ing such handguns in a secure place, under the
control of the club’s chief officer, at all times
when they are not being used for target shoot-
ing or other sporting or recreational purposes.
‘‘(d)(1) The Secretary must approve or deny an appli-
cation for a license within the forty-five-day period begin-
ning on the date it is received. If the Secretary fails to
act within such period, the applicant may file an action
under section 1361 of title 28 to compel the Secretary to
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act. If the Secretary approves an applicant’s application,
such applicant shall be issued a license upon payment of
the prescribed fee.
‘‘(2) The Secretary may, after notice and opportunity
for hearing, revoke any license issued under this section
if the holder of such license has violated any provision of
this chapter or of chapter 44 of this title or any rule or
regulation prescribed by the Secretary under such chap-
ters. The Secretary’s action under this paragraph may be
reviewed only as provided in subsection (e) of this section.
‘‘(e)(1) Any person whose application for a license is
denied and any holder of a license which is revoked shall
receive a written notice from the Secretary stating specifi-
cally the grounds upon which the application was denied
or upon which the license was revoked. Any notice of rev-
ocation of a license shall be given to the holder of such
license before the effective date of the revocation.
‘‘(2) If the Secretary denies an application for, or re-
vokes, a license, he shall, upon request by the aggrieved
party, promptly hold a hearing to review his denial or rev-
ocation. In the case of a revocation of a license, the Sec-
retary shall upon the request of the holder of the license
stay the effective date of the revocation. A hearing held
under this paragraph shall be held at a location convenient
to the aggrieved party.
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‘‘(3) If after a hearing held under paragraph (2) the
Secretary decides not to reverse his decision to deny an
application or revoke a license, the Secretary shall give
notice of his decision to the aggrieved party. The aggrieved
party may at any time within sixty days after the date
notice was given under this paragraph file a petition with
the United States District Court for the district in which
he resides or has his principal place of business for a judi-
cial review of such denial or revocation. In a proceeding
conducted under this subsection, the court may consider
any evidence submitted by the parties to the proceeding.
If the court decides that the Secretary was not authorized
to deny the application or to revoke the license, the court
shall order the Secretary to take such action as may be
necessary to comply with the judgment of the court.
‘‘(f) Each licensed pistol club shall maintain such
records of receipt, sale, or other disposition, of handguns
at such place, for such period, and in such form as the
Secretary may by regulations prescribe. Such pistol clubs
shall make such records available for inspection at all rea-
sonable times, and shall submit to the Secretary such re-
ports and information with respect to such records and
the contents thereof as he shall by regulations prescribe.
The Secretary may enter at reasonable times the premises
(including places of storage) of any pistol club for the pur-
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pose of inspecting or examining (1) any records of docu-
ments required to be kept by such pistol club under the
provisions of this chapter or chapter 44 of this title and
regulations issued under such chapters, and (2) any hand-
guns or ammunition kept or stored by such pistol club at
such premises. Upon the request of any State or any polit-
ical subdivision thereof, the Secretary may make available
to such State or any political subdivision thereof any infor-
mation which he may obtain by reason of the provisions
of this chapter with respect to the identification of persons
who are members of pistol clubs within such State or polit-
ical subdivision thereof, together with a description of the
handguns included in such pistol club’s license.
‘‘(g) Licenses issued under the provisions of sub-
section (c) of this section shall be kept posted and kept
available for inspection on the premises covered by the li-
cense.
‘‘§ 1093. Penalties
‘‘(a) Whoever violates any provision of this chapter
or knowingly makes any false statement or representation
with respect to the information required by the provisions
of this chapter to be kept in the records of a pistol club
licensed under this chapter, or in applying for any license
under the provisions of this chapter, shall be fined under
this title, imprisoned not more than 5 years, or both.
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‘‘(b) Any handgun involved or used in, or intended
to be used in, any violation of the provisions of this chap-
ter or chapter 44 of this title or any rule or regulation
promulgated thereunder, or any violation of any other
criminal law of the United States, shall be subject to sei-
zure and forfeiture and all provisions of the Internal Reve-
nue Code of 1986 relating to the seizure, forfeiture, and
disposition of firearms shall, so far as applicable, extend
to seizures and forfeitures under the provisions of this
chapter.
‘‘§ 1094. Exceptions
‘‘(a) The provisions of this chapter shall not apply
with respect to the importation, manufacture, sale, pur-
chase, transfer, receipt, or transportation of any handgun
which the Secretary determines is being imported or man-
ufactured for, sold, or transferred to, purchased, received,
or transported by, or issued for the use of, the United
States or any department or agency thereof or any State
or any department, agency, or political subdivision thereof.
‘‘(b) The provisions of this chapter shall not apply
with respect to the importation, manufacture, sale, pur-
chase, transfer, receipt, or transportation of a handgun
which the Secretary determines is unserviceable, not re-
storable to firing condition, and intended for use as a
curio, museum piece, or collectors’ item.
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guns, or (C) any person who is a pawnbroker. The
term ‘licensed dealer’ means any dealer who is li-
censed under the provisions of chapter 44 of this
title.
‘‘(5) The term ‘collector’ means any person who
acquires, holds, or disposes of handguns as curios,
or relics, as the Secretary shall by regulation define,
and the term ‘licensed collector’ means any such per-
son licensed under the provisions of chapter 44 of
this title.
‘‘(6) The term ‘Secretary’ or ‘Secretary of the
Treasury’ means the Secretary of the Treasury or
his delegate.
‘‘(7) The term ‘handgun’ means any weapon—
‘‘(A) designed or redesigned, or made, or
remade, and intended to be fired while held in
one hand;
‘‘(B) having a barrel less than ten inches
in length; and
‘‘(C) designed or redesigned, or made or
remade, to use the energy of an explosive to
expel a projectile or projectiles through a
smooth or rifled bore.
‘‘(8) The term ‘pistol club’ means a club orga-
nized for target shooting with handguns or to use
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handguns for sporting or other recreational purposes
and which—
‘‘(A) maintains possession and control of
the handguns used by its members, and
‘‘(B) has procedures and facilities for keep-
ing such handguns in a secure place, under the
control of the club’s chief officer, at all times
when they are not being used for target shoot-
ing, sporting, or other recreational purposes.
The term ‘licensed pistol club’ means any pistol club
which is licensed under this chapter.’’.
SEC. 4. ENFORCEMENT AND ADMINISTRATION.
The enforcement and administration of the amend-
ment made by this Act shall be vested in the Secretary
of the Treasury.
SEC. 5. EFFECT ON OTHER FEDERAL LAW.
Nothing in this Act or the amendment made by this
Act shall be construed as modifying or affecting any provi-
sion of—
(1) the National Firearms Act (chapter 53 of
the Internal Revenue Code of 1986);
(2) section 414 of the Mutual Security Act of
1954 (22 U.S.C. 1934), relating to munitions con-
trol; or
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(3) section 1715 of title 18, United States
Code, relating to nonmailable firearms.
SEC. 6. EFFECTIVE DATE.
The provisions of this Act shall take effect one year
after the date of the enactment of this Act.
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