I
105TH CONGRESS
1ST SESSION
H. R. 787
To prohibit the manufacture, importation, exportation, sale, purchase, trans-
fer, receipt, possession, or transportation of handguns and handgun
ammunition, with certain exceptions.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 13, 1997
Mr. OWENS introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To prohibit the manufacture, importation, exportation, sale,
purchase, transfer, receipt, possession, or transportation
of handguns and handgun ammunition, with certain ex-
ceptions.
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 ‘‘Public Health and
Safety Act of 1997’’.
SEC. 2. FINDINGS AND DECLARATIONS.
The Congress finds and declares that—
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(1) the number of privately held handguns has
more than doubled—from 33,000,000 in 1973 to
more than 75,000,000 in 1995—in the past two dec-
ades alone, and the number of handguns in circula-
tion continues to increase by 2,500,000 handguns
each year;
(2) handguns play a major role, disproportion-
ate to their number in comparison with rifles and
shotguns, in violent crime, intentional and accidental
death, and intentional and accidental injury;
(3) while the number of homicides committed
with long guns has remained relatively stable, the
number of handgun homicides has set new records
every year since 1987, matching pace with the sky-
rocketing national homicide rate;
(4) the number of handgun-related incidents in
elementary and secondary schools has increased
sharply, with significant numbers of schoolchildren
in rural and urban areas reporting easy access to
and frequent carrying to school of handguns; and
the presence of handguns in school not only pro-
vokes worry among parents and children but also
causes much needed school funds to be diverted for
purchase of security equipment;
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(5) handgun violence places considerable strain
on the national health care system and the economy,
at a cost of $20,400,000,000 annually as a result of
direct medical expenditures, lost productivity from
injury-related illness and disability, and lost produc-
tivity from premature death;
(6) handguns kept in the home are of less value
than is commonly thought in defending against in-
truders, and they are far more likely to increase sig-
nificantly the danger of a handgun fatality or injury
to the inhabitants (including children) than to en-
hance their personal safety;
(7) violent crime and injury committed with
handguns constitute a burden upon and interfere
with interstate and foreign commerce, and threaten
the domestic tranquility of the Nation; and
(8) current Federal firearms policy is wholly in-
adequate to counteract the social, economic, and fi-
nancial costs exacted by handguns to our society.
SEC. 3. AMENDMENT OF TITLE 18, UNITED STATES CODE.
Chapter 44 of title 18, United States Code, is amend-
ed—
(1) by—
(A) redesignating the text of the chapter
as subchapter A;
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(B) inserting after the chapter heading the
following:
‘‘Subchapter
‘‘A. Firearms In General ...........................................................................
921
‘‘B. Handguns ...........................................................................................
941
‘‘SUBCHAPTER A—FIREARMS IN GENERAL’’;
and
(C) striking ‘‘this chapter’’ each place it
appears and inserting ‘‘this subchapter’’; and
(2) by adding at the end the following new sub-
chapter:
‘‘SUBCHAPTER B—HANDGUNS
‘‘Sec.
‘‘941. Definitions.
‘‘942. Unlawful acts.
‘‘943. Licensing of handgun clubs.
‘‘944. Registration of security guard services.
‘‘945. Recordkeeping and reports; transfers to licensed handgun clubs.
‘‘946. Voluntary delivery to law enforcement agency; reimbursement.
‘‘947. Penalties.
‘‘948. Regulations.
‘‘949. Relation to other law.
‘‘950. Severability.
‘‘§ 941. Definitions
‘‘(a) TERMS DEFINED IN SECTION 921.—Unless oth-
erwise defined in subsection (b), a term used in this sub-
chapter that is defined in section 921 has the meaning
stated in that section.
‘‘(b) ADDITIONAL TERMS.—As used in this sub-
chapter:
‘‘ ‘Handgun’ means any firearm, including a
pistol or revolver, that is designed to be fired by the
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use of a single hand, and any combination of parts
from which such a firearm can be assembled.
‘‘ ‘Handgun ammunition’ means ammunition
that is designed for use primarily in a handgun.
‘‘ ‘Handgun club’ means a club organized for
bona fide target shooting with handguns.
‘‘ ‘Licensed handgun club’ means a handgun
club that is licensed under section 943.
‘‘ ‘Registered security guard service’ means a
security guard service that is registered under sec-
tion 944.
‘‘ ‘Security guard service’ means an entity that
engages in the business of providing security guard
services to the public.
‘‘§ 942. Unlawful acts
‘‘(a) OFFENSE.—Except as provided in subsections
(b) and (c), it is unlawful for a person to manufacture,
import, export, sell, buy, transfer, receive, own, possess,
transport, or use a handgun or handgun ammunition.
‘‘(b) EXCEPTIONS.—Subsection (a) does not apply
to—
‘‘(1) the Army, Navy, Air Force, Marine Corps,
Coast Guard, and National Guard;
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‘‘(2) the security guard service has obtained all
necessary State and local licenses and meets all
State and local requirements to engage in the busi-
ness of providing security guard service; and
‘‘(3) the security guard service meets all oper-
ational, safety, security, training, and other require-
ments that the Secretary may prescribe by regula-
tion.
‘‘(b) REVOCATION.—The Secretary shall revoke the
registration of a registered security guard service that
does not continue to meet the requirements of subsection
(a).
‘‘(c) REGISTRATION
FEE.—A registered security
guard service shall pay to the Secretary an annual reg-
istration fee of $50.
‘‘§ 945. Recordkeeping and reports; transfers to li-
censed handgun clubs
‘‘(a) RECORDKEEPING.—
‘‘(1) IN GENERAL.—A licensed manufacturer,
licensed importer, licensed dealer, licensed handgun
club, or registered security guard service that sells
or otherwise transfers a handgun or handgun ammu-
nition shall—
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‘‘(A) maintain records of such sales, trans-
fers, receipts, and other dispositions of hand-
guns and handgun ammunition, in such form as
the Secretary may by regulation provide; and
‘‘(B) permit the Secretary to enter its
premises at reasonable times for the purpose of
inspecting such records.
‘‘(2) 
MEMBERS
OF
LICENSED
HANDGUN
CLUBS.—A member of a licensed handgun club who
sells or otherwise transfers a handgun or handgun
ammunition shall maintain records of such sales,
transfers, receipts, and other dispositions of hand-
guns and handgun ammunition, in such form as the
Secretary may by regulation provide.
‘‘(b) REPORTS OF LOSS OR THEFT.—(1) A licensed
handgun club or registered security guard service shall re-
port to the Secretary a loss or theft of any handgun in
its possession or the possession of one of its members or
employees not later than thirty days after the loss or theft
is discovered.
‘‘(2) A report made under paragraph (1) shall include
such information as the Secretary by regulation shall pre-
scribe, including the date and place of theft or loss.
‘‘(c) TRANSFERS TO HANDGUN CLUBS.—A person
that sells or otherwise transfers a handgun to a licensed
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handgun club or member of a licensed handgun club shall
transport or otherwise deliver the handgun directly to the
premises of the licensed handgun club where the handgun
will be kept.
‘‘§ 946. Voluntary delivery to law enforcement agen-
cy; reimbursement
‘‘(a) DELIVERY.—A person may at any time volun-
tarily deliver to any Federal, State, or local law enforce-
ment agency designated by the Secretary a handgun
owned or possessed by the person.
‘‘(b) DISPOSITION.—The Secretary shall arrange
with each agency designated to receive handguns for the
transfer, destruction, or other disposition of handguns de-
livered under subsection (a).
‘‘(c) REIMBURSEMENT.—The Secretary shall pay to
a person who delivers a handgun under subsection (a) on
or prior to the date that is one hundred eighty days after
the date of enactment of this subchapter an amount equal
to the greater of—
‘‘(1) $25; or
‘‘(2) the fair market value of the handgun as
determined by the Secretary.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary such
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sums as are necessary to make such payments under sub-
section (c).
§ 947. Penalties
‘‘(a) VIOLATION OF SECTION 942.—(1) Except as
provided in paragraph (2), a person who violates section
942 shall be fined not more than $5,000, imprisoned not
more than five years, or both.
‘‘(2) A person who voluntarily delivers a handgun
under section 946(a) after the date that is one hundred
eighty days after the date of enactment of this subchapter
shall not be subject to criminal prosecution for possession
of the handgun under any Federal, State, or local law,
but shall pay to the Secretary a civil penalty in an amount
determined by the Secretary, not to exceed $500.
‘‘(b) FAILURE TO REPORT LOSS OR THEFT.—A li-
censed handgun club or registered security guard service
that fails to report a loss or theft of a handgun as required
by section 945(b)—
‘‘(1) in the case of a negligent failure to report
or a negligent failure to discover the loss or theft,
shall pay to the Secretary a civil penalty in an
amount determined by the Secretary, not to exceed
$1,000; and
‘‘(2) in the case of an intentional failure to re-
port, shall be fined not more than $5,000, its officer
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designated 
under 
section 
943(a)(6)(C)(i) 
or
944(a)(1)(A) imprisoned not more than five years,
or both.
‘‘(c) FAILURE TO DELIVER TO PREMISES OF LI-
CENSED HANDGUN CLUB.—A person who sells or other-
wise transfers a handgun to a licensed handgun club or
member of a licensed handgun club and causes the hand-
gun to be shipped or otherwise delivered by any means
or to any place other than directly to the premises of the
licensed handgun club where the handgun will be kept, in
violation of section 945(c)—
‘‘(1) in the case of a negligent delivery to an
unauthorized place, shall pay to the Secretary a civil
penalty in an amount determined by the Secretary,
not to exceed $1,000; and
‘‘(2) in the case of an intentional delivery to an
unauthorized place, shall be fined not more than
$5,000, imprisoned not more than five years, or
both.
‘‘(d) FALSE STATEMENT OR REPRESENTATION.—(1)
A person who—
‘‘(A) makes a false statement or representation
with respect to information required by this sub-
chapter to be kept in the records of an importer,
manufacturer, dealer, or handgun club licensed
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under this subchapter or security guard service reg-
istered under this subchapter; or
‘‘(B) makes a false statement or representation
in applying for a handgun club license or security
guard service registration under this subchapter,
shall be subject to penalty under paragraph (2).
‘‘(2)(A) In the case of a negligent making of a false
statement or representation described in paragraph (1),
the person shall pay to the Secretary a civil penalty in
an amount determined by the Secretary, not to exceed
$1,000; and
‘‘(B) in the case of an intentional making of a false
statement or representation described in paragraph (1),
the person shall be fined not more than $5,000, impris-
oned not more than five years, or both.
‘‘(e) FAILURE TO KEEP OR PERMIT INSPECTION OF
RECORDS.—A person who fails to keep or permit inspec-
tion of records in violation of section 945(a)—
‘‘(1) in the case of a negligent failure to main-
tain records, shall pay to the Secretary a civil pen-
alty in an amount determined by the Secretary, not
to exceed $1,000; and
‘‘(2) in the case of an intentional failure to
maintain records or any failure to permit inspection
of records, shall be fined not more than $5,000, and
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SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed as modifying
or affecting any provision of—
(1) the National Firearms Act (chapter 53 of
the Internal Revenue Code of 1956);
(2) section 414 of the Mutual Security Act of
1954 (22 U.S.C. 1934), relating to munitions con-
trol; or
(3) section 1715 of title 18, United States
Code, relating to nonmailable firearms.
SEC. 5. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this Act and the amendments made by this Act shall
take effect on the date of enactment of this Act.
(b) DELAYED EFFECTIVE DATE.—Sections 942 and
945 of title 18, United States Code, as added by section
3 of this Act, shall take effect on the date that is one
hundred and eighty days after the date of enactment of
this Act.
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