‘‘(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-
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.
‘‘(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
restorable to firing condition, and intended for use as a
curio, museum piece, or collectors’ item.
‘‘§ 1095. Voluntary delivery to law enforcement agen-
cy; reimbursement
‘‘(a) A person may at any time deliver to any Federal,
State, or local law enforcement agency designated by the
Secretary a handgun owned or possessed by such person.
The Secretary shall arrange with each agency designated
to receive handguns for the transfer, destruction, or other
disposition of all handguns delivered under this section.
‘‘(b) Upon proof of lawful acquisition and ownership
by a person delivering a handgun to a law enforcement
agency under this section, the owner of the handgun shall
be entitled to receive from the United States a payment
equal to the fair market value of the handgun or $25,
whichever is more. The Secretary shall provide for the
payment, directly or indirectly, through Federal, State,
and local law enforcement agencies, of the amounts to
which owners of handguns delivered under this section are
entitled.
‘‘(c) The amounts authorized in subsection (b) of this
section shall be paid out of the fees collected under section
1092(a) of this chapter to the extent that such fees are
sufficient for this purpose. The remainder of amounts au-
thorized in subsection (b) of this section shall be paid out
of general revenues.
‘‘§ 1096. Rules and regulations
‘‘(a) The Secretary may prescribe such rules and reg-
ulations as he deems necessary to carry out the provisions
of this chapter, including—
‘‘(1) regulations providing that a person li-
censed under this chapter, when dealing with an-
other person so licensed or with a person licensed
under chapter 44 of this title, shall provide such
other licensed person a certified copy of his license;
and
‘‘(2) regulations providing for the issuance, at
a reasonable cost, to a person licensed under this
chapter, of certified copies of his license for use as
provided under regulations issued under paragraph
(1) of this subsection.
‘‘(b) The Secretary shall give reasonable public no-
tice, and afford to interested parties opportunity for hear-
ing, prior to prescribing rules and regulations authorized
by this section.
‘‘§ 1097. Effect on State law
‘‘No provision of this chapter shall be construed as
indicating an intent on the part of the Congress to occupy
the field in which such provision operates to the exclusion
of the law of any State on the same subject, unless there
is a direct and positive conflict between such provision and
the law of the State so that the two cannot be reconciled
or consistently stand together.
‘‘§ 1098. Definitions
‘‘As used in this chapter:
‘‘(1) The term ‘person’ and the term ‘whoever’
include any individual, corporation, company, asso-
ciation, firm, partnership, club, society, or joint-
stock company.
‘‘(2) The term ‘importer’ means any person en-
gaged in the business of importing or bringing hand-
guns into the United States for purposes of sale or
distribution; and the term ‘licensed importer’ means
any such person licensed under the provisions of
chapter 44 of this title.
‘‘(3) The term ‘manufacturer’ means any per-
son engaged in the manufacture or assembly of
handguns for the purposes of sale or distribution;
and the term ‘licensed manufacturer’ means any
such person licensed under the provisions of chapter
44 of this title.
‘‘(4) The term ‘dealer’ means (A) any person
engaged in the business of selling handguns at
wholesale or retail, (B) any person engaged in the
business of repairing handguns or of making or fit-
ting special barrels, or trigger mechanisms to hand-
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
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 1954);
(2) section 414 of the Mutual Security Act of
1954 (22 U.S.C. 1934), as amended, relating to mu-
nitions control; or
(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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