In the Senate of the United States,
November 20 (legislative day, November 2), 1993.
Resolved, That the bill from the House of Representa-
tives (H.R. 1025) entitled ‘‘An Act to provide for a waiting
period before the purchase of a handgun, and for the estab-
lishment of a national instant criminal background check sys-
tem to be contacted by firearms dealers before the transfer
of any firearm’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
TITLE I—BRADY HANDGUN
CONTROL
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Brady Handgun Vio-
lence Prevention Act’’.
SEC. 102. FEDERAL FIREARMS LICENSEE REQUIRED TO
CONDUCT CRIMINAL BACKGROUND CHECK
BEFORE TRANSFER OF FIREARM TO NON-LI-
CENSEE.
(a) INTERIM PROVISION.—
(1) IN GENERAL.—Section 922 of title 18, Unit-
ed States Code, is amended by adding at the end the
following:
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‘‘(s)(1) Beginning on the date that is 90 days after
the date of enactment of this subsection and ending either
on the day before the date that is 48 months after such date
of enactment unless the Attorney General extends the date
by twelve additional months, or on the day that the Attor-
ney General notifies the licensees in all of the States under
section 103(d) of the Brady Handgun Violence Prevention
Act, whichever occurs earlier, it shall be unlawful for any
licensed importer, licensed manufacturer, or licensed dealer
to sell, deliver, or transfer a handgun to an individual who
is not licensed under section 923, unless—
‘‘(A) after the most recent proposal of such trans-
fer by the transferee—
‘‘(i) the transferor has—
‘‘(I) received from the transferee a
statement of the transferee containing the
information described in paragraph (3);
‘‘(II) verified the identity of the trans-
feree by examining the identification docu-
ment presented;
‘‘(III) within 1 day after the transferee
furnishes the statement, provided notice of
the contents of the statement to the chief law
enforcement officer of the place of residence
of the transferee; and
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‘‘(IV) within 1 day after the transferee
furnishes the statement, transmitted a copy
of the statement to the chief law enforcement
officer of the place of residence of the trans-
feree; and
‘‘(ii)(I) 5 business days (meaning days on
which State offices are open) have elapsed from
the date the transferor furnished notice of the
contents of the statement to the chief law enforce-
ment officer, during which period the transferor
has not received information from the chief law
enforcement officer that receipt or possession of
the handgun by the transferee would be in viola-
tion of Federal, State, or local law; or
‘‘(II) the transferor has received notice from
the chief law enforcement officer that the officer
has no information indicating that receipt or
possession of the handgun by the transferee
would violate Federal, State, or local law;
‘‘(B) the transferee has presented to the trans-
feror a written statement, issued by the chief law en-
forcement officer of the place of residence of the trans-
feree during the 10-day period ending on the date of
the most recent proposal of such transfer by the trans-
feree, stating that the transferee requires access to a
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handgun because of a threat to the life of the trans-
feree or of any member of the household of the trans-
feree;
‘‘(C)(i) the transferee has presented to the trans-
feror a permit that—
‘‘(I) allows the transferee to possess or ac-
quire a handgun; and
‘‘(II) was issued not more than 5 years ear-
lier by the State in which the transfer is to take
place; and
‘‘(ii) the law of the State provides that such a
permit is to be issued only after an authorized gov-
ernment official has verified that the information
available to such official does not indicate that posses-
sion of a handgun by the transferee would be in viola-
tion of the law;
‘‘(D) the law of the State requires that, before
any licensed importer, licensed manufacturer, or li-
censed dealer completes the transfer of a handgun to
an individual who is not licensed under section 923,
an authorized government official verify that the in-
formation available to such official does not indicate
that possession of a handgun by the transferee would
be in violation of law;
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‘‘(E) the Secretary has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
‘‘(F) on application of the transferor, the Sec-
retary has certified that compliance with subpara-
graph (A)(i)(III) is impracticable because—
‘‘(i) the ratio of the number of law enforce-
ment officers of the State in which the transfer
is to occur to the number of square miles of land
area of the State does not exceed 0.0025;
‘‘(ii) the business premises of the transferor
at which the transfer is to occur are extremely
remote in relation to the chief law enforcement
officer; and
‘‘(iii) there is an absence of telecommuni-
cations facilities in the geographical area in
which the business premises are located.
‘‘(2) A chief law enforcement officer to whom a trans-
feror 
has 
provided 
notice 
pursuant 
to 
paragraph
(1)(A)(i)(III) shall make a reasonable effort to ascertain
within 5 business days whether receipt or possession would
be in violation of the law, including research in whatever
State and local recordkeeping systems are available and in
a national system designated by the Attorney General.
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‘‘(3) The statement referred to in paragraph
(1)(A)(i)(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 transferee contain-
ing a photograph of the transferee and a description
of the identification used;
‘‘(B) a statement that transferee—
‘‘(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 1
year;
‘‘(ii) is not a fugitive from justice;
‘‘(iii) is not an unlawful user of or addicted
to any controlled substance (as defined in section
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;
and
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‘‘(vii) is not a person who, having been a
citizen of the United States, has renounced such
citizenship;
‘‘(C) the date the statement is made; and
‘‘(D) notice that the transferee intends to obtain
a handgun from the transferor.
‘‘(4) Any transferor of a handgun who, after such
transfer, receives a report from a chief law enforcement offi-
cer containing information that receipt or possession of the
handgun by the transferee violates Federal, State, or local
law shall, within 1 business day after receipt of such re-
quest, communicate any information related to the transfer
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 oth-
erwise available to the public, in a report under this sub-
section shall not disclose such information except to the
transferee, to law enforcement authorities, or pursuant to
the direction of a court of law.
‘‘(6)(A) Any transferor who sells, delivers, or otherwise
transfers a handgun to a transferee shall retain the copy
of the statement of the transferee with respect to the hand-
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individual in writing within 20 business days after receipt
of the request.
‘‘(7) A chief law enforcement officer or other person
responsible for providing criminal history background in-
formation pursuant to this subsection shall not be liable in
an action at law for damages—
‘‘(A) for failure to prevent the sale or transfer of
a handgun to a person whose receipt or possession of
the handgun is unlawful under this section; or
‘‘(B) for preventing such a sale or transfer to a
person who may lawfully receive or possess a hand-
gun.
‘‘(8) 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 individ-
ual.
‘‘(9) The Secretary shall take necessary actions to en-
sure that the provisions of this subsection are published and
disseminated to licensed dealers, law enforcement officials,
and the public.’’.
(2) HANDGUN DEFINED.—Section 921(a) of title
18, United States Code, is amended by adding at the
end the following:
‘‘(29) The term ‘handgun’ means—
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‘‘(A) a firearm which has a short stock and is
designed to be held and fired by the use of a single
hand; and
‘‘(B) any combination of parts from which a
firearm described in subparagraph (A) can be assem-
bled.’’.
(b) PERMANENT PROVISION.—Section 922 of title 18,
United States Code, as amended by subsection (a)(1), is
amended by adding at the end the following:
‘‘(t)(1) Beginning on the date that is 30 days after
the Attorney General notifies licensees under section
103(d)(1) of the Brady Handgun Violence Prevention Act
that the national instant criminal background check system
is established, and upon notification by the Attorney Gen-
eral to licensees that the system is operational and capable
of supplying information immediately (during which 30-
day period subsection (s) shall remain in effect), a licensed
importer, licensed manufacturer, or licensed dealer shall not
transfer a firearm to any other person who is not licensed
under this chapter, unless—
‘‘(A) before the completion of the transfer, the li-
censee contacts the national instant criminal back-
ground check system established under section 103 of
that Act;
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‘‘(B)(i) the system provides the licensee with a
unique identification number; or
‘‘(ii) 3 business days (meaning a day on which
State offices are open) have elapsed since the licensee
contacted the system, and the system has not notified
the licensee that the receipt of a firearm by such other
person would violate subsection (g) or (n) of this sec-
tion; and
‘‘(C) the transferor has verified the identity of
the transferee by examining a valid identification
document (as defined in section 1028(d)(1) of this
title) of the transferee containing a photograph of the
transferee.
‘‘(2) If receipt of a firearm would not violate section
922 (g) or (n) or State law, the system shall—
‘‘(A) assign a unique identification number to
the transfer;
‘‘(B) provide the licensee with the number; and
‘‘(C) destroy all records of the system with re-
spect to the call (other than the identifying number
and the date the number was assigned) and all
records of the system relating to the person or the
transfer.
‘‘(3) Paragraph (1) shall not apply to a firearm trans-
fer between a licensee and another person if—
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‘‘(A)(i) such other person has presented to the li-
censee a permit that—
‘‘(I) allows such other person to possess or
acquire a firearm; and
‘‘(II) was issued not more than 5 years ear-
lier by the State in which the transfer is to take
place; and
‘‘(ii) the law of the State provides that such a
permit is to be issued only after an authorized gov-
ernment official has verified that the information
available to such official does not indicate that posses-
sion of a firearm by such other person would be in
violation of law;
‘‘(B) the Secretary has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
‘‘(C) on application of the transferor, the Sec-
retary has certified that compliance with paragraph
(1)(A) is impracticable because—
‘‘(i) the ratio of the number of law enforce-
ment officers of the State in which the transfer
is to occur to the number of square miles of land
area of the State does not exceed 0.0025;
‘‘(ii) the business premises of the licensee at
which the transfer is to occur are extremely re-
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mote in relation to the chief law enforcement of-
ficer (as defined in subsection (s)(8)); and
‘‘(iii) there is an absence of telecommuni-
cations facilities in the geographical area in
which the business premises are located.
‘‘(4) If the national instant criminal background check
system notifies the licensee that the information available
to the system does not demonstrate that the receipt of a fire-
arm by such other person would violate subsection (g) or
(n) or State law, and the licensee transfers a firearm to
such other person, the licensee shall include in the record
of the transfer the unique identification number provided
by the system with respect to the transfer.
‘‘(5) If the licensee knowingly transfers a firearm to
such other person and knowingly fails to comply with para-
graph (1) of this subsection with respect to the transfer and,
at the time such other person most recently proposed the
transfer, the national instant criminal background check
system was operating and information was available to the
system demonstrating that receipt of a firearm by such
other person would violate subsection (g) or (n) or State
law of this section, the Secretary may, after notice and op-
portunity for a hearing, suspend for not more than 6
months or revoke any license issued to the licensee under
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section 923, and may impose on the licensee a civil fine
of not more than $5,000.
‘‘(6) Neither a local government nor an employee of
the Federal Government or of any State or local govern-
ment, responsible for providing information to the national
instant criminal background check system shall be liable in
an action at law for damages—
‘‘(A) for failure to prevent the sale or transfer of
a firearm to a person whose receipt or possession of
the firearm is unlawful under this section; or
‘‘(B) for preventing such a sale or transfer to a
person who may lawfully receive or possess a fire-
arm.’’.
(c) PENALTY.—Section 924(a) of title 18, United
States Code, is amended—
(1) in paragraph (1), by striking ‘‘paragraph (2)
or (3) of’’; and
(2) by adding at the end the following:
‘‘(5) Whoever knowingly violates subsection (s) or (t)
of section 922 shall be fined not more than $1,000, impris-
oned for not more than 1 year, or both.’’.
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SEC. 103. NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM.
(a) DETERMINATION OF TIMETABLES.—Not later than
6 months after the date of enactment of this Act, the Attor-
ney General shall—
(1) determine the type of computer hardware
and software that will be used to operate the national
instant criminal background check system and the
means by which State criminal records systems and
the telephone or electronic device of licensees will com-
municate with the national system;
(2) investigate the criminal records system of
each State and determine for each State a timetable
by which the State should be able to provide criminal
records on an on-line capacity basis to the national
system; and
(3) notify each State of the determinations made
pursuant to paragraphs (1) and (2).
(b) ESTABLISHMENT OF SYSTEM.—
(1) DETERMINATIONS.—Not later than the date
that is 24 months after the date of enactment of this
Act, the Attorney General shall determine whether—
(A) the equipment used to link State crimi-
nal history records systems to the national
criminal history records system and the equip-
ment necessary to operate the national instant
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criminal background check system are oper-
ational; and
(B) any group of States that—
(i) have at least 80 percent of the pop-
ulation of the United States; and
(ii) have reported during a 12-month
period at least 80 percent of the number of
crimes of violence reported by all of the
States during that period,
have achieved and maintained in each State at
least 70 percent currency of case dispositions in
computerized criminal history files for all cases
in which there has been an event of activity
within the last 5 years; and
(C) if such determinations are made in the
affirmative, the Attorney General shall certify
that the national system is established.
(2) ESTABLISHMENT.—If the Attorney General
makes an affirmative finding with respect to the mat-
ters described in paragraph (1)
(A) and (B), the At-
torney General shall establish a national instant
criminal background check system that any licensee
may contact, by telephone and by other electronic
means in addition to the telephone, for information,
to be supplied immediately, on whether receipt of a
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firearm by a prospective transferee would violate sec-
tion 922 of title 18, United States Code or State law.
(c) EXPEDITED ACTION
BY
THE ATTORNEY GEN-
ERAL.—The Attorney General shall expedite—
(1) the upgrading and indexing of State crimi-
nal history records in the Federal criminal records
system maintained by the Federal Bureau of Inves-
tigation;
(2) the development of hardware and software
systems to link State criminal history check systems
into the national instant criminal background check
system established by the Attorney General pursuant
to this section; and
(3) the current revitalization initiatives by the
Federal Bureau of Investigation for technologically
advanced fingerprint and criminal records identifica-
tion.
(d) NOTIFICATION OF LICENSEES.—On establishment
of the system under this section, the Attorney General shall
notify each licensee and the chief law enforcement officer
of each State of the existence and purpose of the system and
the means to be used to contact the system.
(e) STATES IN COMPLIANCE WITH TIMETABLE.—At
any time at which the Attorney General determines that—
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(1) a State is in compliance with the timetable
set for that State under subsection (a); and
(2) the State has achieved and maintains at
least 70 percent currency of case dispositions in com-
puterized criminal history files for all cases in which
there has been an event of activity within the last 5
years,
the Attorney General shall notify each licensee in the State
and the chief law enforcement officer of the State of the de-
termination.
(f) ADMINISTRATIVE PROVISIONS.—
(1) AUTHORITY TO OBTAIN OFFICIAL INFORMA-
TION.—Notwithstanding any other law, the Attorney
General may secure directly from any department or
agency of the United States such information on per-
sons for whom receipt of a firearm would violate sub-
section (g) or (n) of section 922 of title 18, United
States Code or State law, as is necessary to enable the
system to operate in accordance with this section. On
request of the Attorney General, the head of such de-
partment or agency shall furnish such information to
the system.
(2) OTHER AUTHORITY.—The Attorney General
shall develop such computer software, design and ob-
tain such telecommunications and computer hard-
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ware, and employ such personnel, as are necessary to
establish and operate the system in accordance with
this section.
(g) WRITTEN REASONS PROVIDED ON REQUEST.—If
the national instant criminal background check system de-
termines that an individual is ineligible to receive a fire-
arm and the individual requests the system to provide the
reasons for the determination, the system shall provide such
reasons to the individual, in writing, within 5 business
days after the date of the request.
(h) CORRECTION OF ERRONEOUS SYSTEM INFORMA-
TION.—If the system established under this section informs
an individual contacting the system that receipt of a fire-
arm by a prospective transferee would violate subsection (g)
or (n) of section 922 of title 18, United States Code or State
law, the prospective transferee may request the Attorney
General to provide the prospective transferee with the rea-
sons therefor. Upon receipt of such a request, the Attorney
General shall immediately comply with the request. The
prospective transferee may submit to the Attorney General
information that to correct, clarify, or supplement records
of the system with respect to the prospective transferee. After
receipt of such information, the Attorney General shall im-
mediately consider the information, investigate the matter
further, and correct all erroneous Federal records relating
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to the prospective transferee and give notice of the error to
any Federal department or agency or any State that was
the source of such erroneous records.
(i) REGULATIONS.—After 90 days’ notice to the public
and an opportunity for hearing by interested parties, the
Attorney General shall prescribe regulations to ensure the
privacy and security of the information of the system estab-
lished under this section.
(j) PROHIBITION RELATING TO ESTABLISHMENT OF
REGISTRATION SYSTEMS WITH RESPECT TO FIREARMS.—
No department, agency, officer, or employee of the United
States may—
(1) require that any record or portion thereof
generated by the system established under this section
be recorded at or transferred to a facility owned,
managed, or controlled by the United States or any
State or political subdivision thereof; or
(2) use the system established under this section
to establish any system for the registration of fire-
arms, firearm owners, or firearm transactions or dis-
positions, except with respect to persons, prohibited
by section 922 (g) or (n) of title 18, United States
Code or State law, from receiving a firearm.
(k) DEFINITIONS.—As used in this section:
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(1) LICENSEE.—The term ‘‘licensee’’ means a li-
censed importer (as defined in section 921(a)(9) of
title 18, United States Code), a licensed manufacturer
(as defined in section 921(a)(10) of that title), or a
licensed dealer (as defined in section 921(a)(11) of
that title).
(2) OTHER
TERMS.—The terms ‘‘firearm’’,
‘‘handgun’’, ‘‘licensed importer’’, ‘‘licensed manufac-
turer’’, and ‘‘licensed dealer’’ have the meanings stat-
ed in section 921(a) of title 18, United States Code,
as amended by subsection (a)(2).
(l) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated, from the Violent Crime Re-
duction Trust Fund established by section 1115 of title 31,
United States Code, such sums as are necessary to enable
the Attorney General to carry out this section.
SEC. 104. REMEDY FOR ERRONEOUS DENIAL OF FIREARM.
(a) IN GENERAL.—Chapter 44 of title 18, United
States Code, is amended by inserting after section 925 the
following new section:
‘‘§ 925A. Remedy for erroneous denial of firearm
‘‘Any person denied a firearm pursuant to subsection
(s) or (t) of section 922—
‘‘(1) due to the provision of erroneous informa-
tion relating to the person by any State or political
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subdivision thereof, or by the national instant crimi-
nal background check system established under section
103 of the Brady Firearm Violation Prevention Act;
or
‘‘(2) who was not prohibited from receipt of a
firearm pursuant to subsection (g) or (n) of section
922,
may bring an action against the State or political subdivi-
sion responsible for providing the erroneous information, or
responsible for denying the transfer, or against the United
States, as the case may be, for an order directing that the
erroneous information be corrected or that the transfer be
approved, as the case may be. In any action under this
section, the court, in its discretion, may allow the prevail-
ing party a reasonable attorney’s fee as part of the costs.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 44 of title 18, United States Code, is amended
by inserting after the item relating to section 925 the follow-
ing new item:
‘‘925A. Remedy for erroneous denial of firearm.’’.
SEC. 105. RULE OF CONSTRUCTION.
This Act and the amendments made by this Act shall
not be construed to alter or impair any right or remedy
under section 552a of title 5, United States Code.
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SEC. 106. FUNDING FOR IMPROVEMENT OF CRIMINAL
RECORDS.
(a) USE OF FORMULA GRANTS.—Section 509(b) of
title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3759(b)) is amended—
(1) in paragraph (2) by striking ‘‘and’’ after the
semicolon;
(2) in paragraph (3) by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(4) the improvement of State record systems
and the sharing with the Attorney General of all of
the records described in paragraphs (1), (2), and (3)
of this subsection and the records required by the At-
torney General under section 103 of the Brady Hand-
gun Violence Prevention Act, for the purpose of imple-
menting that Act.’’.
(b) ADDITIONAL FUNDING.—
(1) GRANTS FOR THE IMPROVEMENT OF CRIMI-
NAL RECORDS.—The Attorney General, through the
Bureau of Justice Statistics, shall, subject to appro-
priations and with preference to States that as of the
date of enactment of this Act have the lowest percent
currency of case dispositions in computerized crimi-
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nal history files, make a grant to each State to be
used—
(A) for the creation of a computerized
criminal history record system or improvement
of an existing system;
(B) to improve accessibility to the national
instant criminal background system; and
(C) upon establishment of the national sys-
tem, to assist the State in the transmittal of
criminal records to the national system.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated for grants
under paragraph (1), from the Violent Crime Reduc-
tion Trust Fund established by section 1115 of title
31, United States Code, a total of $200,000,000 for
fiscal year 1994 and all fiscal years thereafter.
SEC. 107. WITHHOLDING OF DEPARTMENT OF JUSTICE
FUNDS.
If the Attorney General does not certify the national
instant criminal background check system pursuant to sec-
tion 103(a) by—
(1) 24 months after the date of enactment of this
Act the general administrative funds appropriated to
the Department of Justice for the fiscal year begin-
ning in the calendar year in which the date that is
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24 months after the date of enactment of this Act falls
shall be reduced by 5 percent on a monthly basis; and
(2) 36 months after the date of enactment of this
Act the general administrative funds appropriated to
the Department of Justice for the fiscal year begin-
ning in the calendar year in which the date that is
36 months after the date of enactment of this Act falls
shall be reduced by 10 percent on a monthly basis.
SEC. 108. WITHHOLDING STATE FUNDS.
Effective on the date of enactment of this Act, the At-
torney General may reduce by up to 50 percent the alloca-
tion to a State for a fiscal year under title I of the Omnibus
Crime Control and Safe Streets Act of 1968 of a State that
is not in compliance with the timetable established for such
State under section 103(a).
TITLE 
II—MULTIPLE 
FIREARM
PURCHASES TO STATE AND
LOCAL POLICE
SEC. 201. REPORTING REQUIREMENT.
Section 923(g)(3) of title 18, United States Code, is
amended—
(1) in the second sentence by inserting after
‘‘thereon,’’ the following: ‘‘, and to the department of
State police or State law enforcement agency of the
State or local law enforcement agency of the local ju-
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risdiction in which the sale or other disposition took
place,’’;
(2) by inserting ‘‘(A)’’ after ‘‘(3)’’; and
(3) by adding at the end thereof the following:
‘‘(B) Except in the case of forms and contents
thereof regarding a purchaser who is prohibited by
subsection (g) or (n) of section 922 of this title from
receipt of a firearm, the department of State police or
State law enforcement agency or local law enforce-
ment agency of the local jurisdiction shall not disclose
any such form or the contents thereof to any person
or entity, and shall destroy each such form and any
record of the contents thereof no more than 20 days
from the date such form is received. No later than the
date that is 6 months after the effective date of this
subparagraph, and at the end of each 6-month period
thereafter, the department of State police or State law
enforcement agency or local law enforcement agency
of the local jurisdiction shall certify to the Attorney
General of the United States that no disclosure con-
trary to this subparagraph has been made and that
all forms and any record of the contents thereof have
been destroyed as provided in this subparagraph.’’.
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TITLE III—FEDERAL FIREARMS
LICENSE REFORM
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Federal Firearms Li-
cense Reform Act of 1993’’.
SEC. 302. PREVENTION OF THEFT OF FIREARMS.
(a) COMMON CARRIERS.—Section 922(e) of title 18,
United States Code, is amended by adding at the end the
following: ‘‘No common or contract carrier shall require or
cause any label, tag, or other written notice to be placed
on the outside of any package, luggage, or other container
that such package, luggage, or other container contains a
firearm.’’.
(b) RECEIPT REQUIREMENT.—Section 922(f) of title
18, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(f)’’; and
(2) by adding at the end the following new para-
graph:
‘‘(2) It shall be unlawful for any common or contract
carrier to deliver in interstate or foreign commerce any fire-
arm without obtaining written acknowledgement of receipt
from the recipient of the package or other container in
which there is a firearm.’’.
(c) LICENSING.—Section 923(c) of title 18, United
States Code, is amended by inserting after the first sentence
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the following: ‘‘A licensee may, in person, transfer or deliver
firearms to, and receive firearms from, another licensee at
any location without regard to the State which is specified
on the license.’’.
(d) UNLAWFUL ACTS.—Section 922 of title 18, United
States Code, as amended by section 302(b), is amended by
adding at the end the following new subsection:
‘‘(u) It shall be unlawful for a person to steal or un-
lawfully take or carry away from the person or the premises
of a person who is licensed to engage in the business of im-
porting, manufacturing, or dealing in firearms, any fire-
arm in the licensee’s business inventory that has been
shipped or transported in interstate or foreign commerce.’’.
(e) PENALTIES.—Section 924 of title 18, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(i)(1)(A) A person who knowingly violates section
922(u) shall be fined not more than $10,000, imprisoned
not more than 10 years, or both.
‘‘(B) A person who, during any robbery (as defined
in section 1951) or riot (as defined in section 2104), violates
section 922(u), shall be sentenced to imprisonment for 30
years, no part of which may be suspended or, if a death
results, to life imprisonment without release.
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‘‘(2) Nothing contained in this subsection shall be con-
strued as indicating an intent on the part of Congress to
occupy the field in which provisions of this subsection oper-
ate to the exclusion of State laws on the same subject matter,
nor shall any provision of this subsection be construed as
invalidating any provision of State law unless such provi-
sion is inconsistent with any of the purposes of this sub-
section.’’.
SEC. 303. LICENSE APPLICATION FEES FOR DEALERS IN
FIREARMS.
Section 923(a)(3) of title 18, United States Code, is
amended—
(1) in subparagraph (B) by striking ‘‘a pawn-
broker dealing in firearms other than’’ and inserting
‘‘not a dealer in’’;
(2) in subparagraph (B) by striking ‘‘$25 per
year’’ and inserting ‘‘$200 for 3 years, except that the
renewal of a valid license shall be $90 for 3 years.’’;
and
(3) by striking subparagraph (C).
SEC. 304. DEFINITION OF ANTIQUE FIREARMS.
Section 921(a)(16)(A) of title 18, United States Code,
is amended by striking ‘‘1898’’ and inserting ‘‘1918’’.
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SEC. 305. COMMUNICATION WITH LICENSEES.
Section 926 of title 18, United States Code, is amend-
ed—
(1) by inserting at the end of subsection (b) the
following: ‘‘In addition to such other requirements of
law as may be applicable, no rule or regulation shall
be effective until 30 days after a copy has been pro-
vided to all persons licensed under this chapter.’’; and
(2) by inserting at the end thereof the following
new subsections:
‘‘(d) The Secretary shall publish and provide to all li-
censees, not less than on a quarterly basis each year, all
official rulings concerning this chapter and concerning
chapter 53 of title 26, United States Code.
‘‘(e) The Secretary shall publish and provide to all li-
censees, at such times as he shall deem necessary, the names
and license numbers of all revoked firearms licensees.’’.
TITLE IV—MENTAL DEFECTIVES
SEC. 401. NOTIFICATION OF ADJUDICATIONS OF PERSONS
AS MENTAL DEFECTIVES AND COMMITMENTS
TO MENTAL INSTITUTIONS.
Section 503(a) of title I of the Omnibus Safe Streets
and Crime Control Act of 1968 (42 U.S.C. 3753(a)) is
amended by adding at the end the following new paragraph:
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‘‘(12) A certification that the State has estab-
lished a plan under which the State will provide to
the Department of Justice, without fee—
‘‘(A) within 30 days after the date on which
any person in the State is adjudicated as a men-
tal defective or committed to a mental institu-
tion, notice of the adjudication or commitment;
and
‘‘(B) within 30 days after the date on which
the Department of Justice requests it, a copy of
the certified record of the adjudication or com-
mitment.’’.
Attest:
Secretary.
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