I
107TH CONGRESS
1ST SESSION
H. R. 1247
To provide for the implementation of a system of licensing for purchasers
of handguns and for a record of sale system for handguns, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 27, 2001
Mr. MEEHAN (for himself, Mr. DELAHUNT, Mr. GEORGE MILLER of Cali-
fornia, Mr. HOEFFEL, Mrs. MALONEY of New York, Ms. MCKINNEY, Mr.
ABERCROMBIE, Mr. MCGOVERN, Mr. RUSH, Ms. SCHAKOWSKY, Ms. CAR-
SON of Indiana, Mr. TIERNEY, Ms. LEE, Ms. NORTON, Mr. WEXLER, and
Mr. KENNEDY of Rhode Island) introduced the following bill; which was
referred to the Committee on the Judiciary
A BILL
To provide for the implementation of a system of licensing
for purchasers of handguns and for a record of sale
system for handguns, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Handgun Licensing and Record of Sale Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I—LICENSING
Sec. 101. Licensing requirement.
Sec. 102. Application requirements.
Sec. 103. Issuance of license.
Sec. 104. Renewal of license.
Sec. 105. Revocation of license.
TITLE II—RECORD OF SALE OR TRANSFER
Sec. 201. Sale and transfer requirements for handguns.
Sec. 202. Firearm records.
TITLE III—ADDITIONAL PROHIBITIONS
Sec. 301. Universal background check requirement.
Sec. 302. Failure to maintain or permit inspection of records.
Sec. 303. Failure to report loss or theft of firearm.
Sec. 304. Failure to provide notice of change of address.
Sec. 305. Child access prevention.
TITLE IV—ENFORCEMENT
Sec. 401. Criminal penalties.
Sec. 402. Regulations.
Sec. 403. Inspections.
Sec. 404. Orders.
Sec. 405. Injunctive enforcement.
TITLE V—FIREARM INJURY INFORMATION AND RESEARCH
Sec. 501. Duties of the Secretary.
TITLE VI—EFFECT ON STATE LAW
Sec. 601. Effect on State law.
Sec. 602. Certification of State handgun licensing systems and State handgun
record of sale systems.
TITLE VII—RELATIONSHIP TO OTHER LAW
Sec. 701. Subordination to Arms Export Control Act.
TITLE VIII—INAPPLICABILITY
Sec. 801. Inapplicability to governmental authorities.
TITLE IX—EFFECTIVE DATE
Sec. 901. Effective date of amendments.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the manufacture, distribution, and importa-
tion of firearms is inherently commercial in nature;
(2) firearms regularly move in interstate com-
merce;
(3) firearms trafficking is so prevalent and
widespread in and among the States that it is usu-
ally impossible to distinguish between intrastate
trafficking and interstate trafficking;
(4) to the extent that firearms trafficking is
intrastate in nature, it arises out of and is substan-
tially connected with a commercial transaction,
which, when viewed in the aggregate, substantially
affects interstate commerce;
(5) because the intrastate and interstate traf-
ficking of firearms are so commingled, full regula-
tion of interstate commerce requires the incidental
regulation of intrastate commerce; and
(6) it is in the national interest and within the
role of the Federal Government to ensure that the
regulation of firearms is uniform among the States,
that law enforcement can quickly and effectively
trace firearms used in crime, and that firearms own-
ers know how to use and safely store their firearms.
(b) PURPOSES.—The purposes of this Act and the
amendments made by this Act are—
(1) to protect the public against the unreason-
able risk of injury and death associated with the un-
recorded sale or transfer of handguns to criminals
and youth;
(2) to ensure that owners of handguns are
knowledgeable in the safe use, handling, and storage
of those firearms;
(3) to restrict the availability of firearms to
criminals, youth, and other persons prohibited by
Federal law from receiving firearms; and
(4) to facilitate the tracing of handguns used in
crime by Federal and State law enforcement agen-
cies.
SEC. 3. DEFINITIONS.
In this Act:
(1) FIREARM; LICENSED
DEALER; LICENSED
MANUFACTURER.—The terms ‘‘firearm’’, ‘‘licensed
dealer’’, and ‘‘licensed manufacturer’’ have the
meanings given those terms in section 921(a) of title
18, United States Code.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Treasury.
(3) STATE.—The term ‘‘State’’ means each of
the several States of the United States and the Dis-
trict of Columbia.
TITLE I—LICENSING
SEC. 101. LICENSING REQUIREMENT.
Section 922 of title 18, United States Code, is
amended by inserting after subsection (y) the following:
‘‘(z) HANDGUN LICENSING REQUIREMENT.—
‘‘(1) IN GENERAL.—It shall be unlawful for any
person other than a licensed importer, licensed man-
ufacturer, licensed dealer, or licensed collector to
possess a handgun on or after the applicable date,
unless that person has been issued a handgun
license—
‘‘(A) under title I of the Handgun Licens-
ing and Record of Sale Act of 2001, which li-
cense has not been invalidated or revoked under
that title; or
‘‘(B) pursuant to a State handgun licens-
ing system certified under section 602 of the
Handgun Licensing and Record of Sale Act of
2001, which license has not been invalidated or
revoked under State law.
‘‘(2) APPLICABLE DATE.—In paragraph (1), the
term ‘applicable date’ means—
‘‘(A) with respect to a handgun acquired
by the person before the date of enactment of
the Handgun Licensing and Record of Sale Act
of 2001, 10 years after such date of enactment;
and
‘‘(B) with respect to a handgun acquired
by the person on or after the date of enactment
of such Act, 1 year after such date of enact-
ment.’’.
SEC. 102. APPLICATION REQUIREMENTS.
(a) IN GENERAL.—In order to be issued a handgun
license under this title, an individual shall submit to the
Secretary (in accordance with the regulations promulgated
under subsection (b)) an application, which shall include—
(1) a current, passport-sized photograph of the
applicant that provides a clear, accurate likeness of
the applicant;
(2) the name, address, and date and place of
birth of the applicant;
(3) any other name that the applicant has ever
used or by which the applicant has ever been known;
(4) a clear thumb print of the applicant, which
shall be made when, and in the presence of the enti-
ty to whom, the application is submitted;
(5) with respect to each category of person pro-
hibited by Federal law, or by the law of the State
of residence of the applicant, from obtaining a fire-
arm, a statement that the individual is not such a
person;
(6) a certification by the applicant that appli-
cant will keep any firearm owned by the applicant
safely stored and out of the possession of persons
who have not attained 18 years of age;
(7) a certificate attesting to the completion at
the time of application of a written firearms exam-
ination, which shall test the knowledge and ability of
the applicant regarding—
(A) the safe storage of firearms, particu-
larly in the vicinity of persons who have not at-
tained 18 years of age;
(B) the safe handling of firearms;
(C) the use of firearms in the home and
the risks associated with such use;
(D) the legal responsibilities of firearms
owners, including Federal, State, and local laws
relating to requirements for the possession and
storage of firearms, and relating to reporting
requirements with respect to firearms; and
(E) any other subjects, as the Secretary
determines to be appropriate;
(8) the date on which the application was sub-
mitted; and
(9) the signature of the applicant.
(b) REGULATIONS GOVERNING SUBMISSION.—The
Secretary shall promulgate regulations specifying proce-
dures for the submission of applications to the Secretary
under this section, which regulations shall—
(1) provide for submission of the application
through a licensed dealer or an office or agency of
the Federal Government designated by the Sec-
retary;
(2) require the applicant to provide a valid
identification document (as defined in section
1028(d)(2) of title 18, United States Code) of the
applicant, containing a photograph of the applicant,
to the licensed dealer or to the office or agency of
the Federal Government, as applicable, at the time
of submission of the application to that dealer, of-
fice, or agency; and
(3) require that a completed application be for-
warded to the Secretary not later than 48 hours
after the application is submitted to the licensed
dealer or office or agency of the Federal Govern-
ment, as applicable.
(c) FEES.—
(1) IN GENERAL.—The Secretary shall charge
and collect from each applicant for a license under
this title a fee in an amount determined in accord-
ance with paragraph (2).
(2) FEE AMOUNT.—The amount of the fee col-
lected under this subsection shall be not less than
the amount determined by the Secretary to be nec-
essary to ensure that the total amount of all fees
collected under this subsection during a fiscal year
is sufficient to cover the costs of carrying out this
title during that fiscal year, except that such amount
shall not exceed $25.
SEC. 103. ISSUANCE OF LICENSE.
(a) IN GENERAL.—The Secretary shall issue a hand-
gun license to an applicant who has submitted an applica-
tion that meets the requirements of section 102 of this
Act, if the Secretary ascertains that the individual is not
prohibited by subsection (g) or (n) of section 922 of title
18, United States Code, from receiving a firearm.
(b) EFFECT
OF ISSUANCE
TO PROHIBITED PER-
SON.—A handgun license issued under this section shall
be null and void if issued to a person who is prohibited
by subsection (g) or (n) of section 922 of title 18, United
States Code, from receiving a firearm.
(c) FORM OF LICENSE.—A handgun license issued
under this section shall be in the form of a tamper-resist-
ant card, and shall include—
(1) the photograph of the licensed individual
submitted with the application;
(2) the address of the licensed individual;
(3) the date of birth of the licensed individual;
(4) a license number, unique to each licensed
individual;
(5) the expiration date of the license, which
shall be the date that is 5 years after the initial an-
niversary of the date of birth of the licensed indi-
vidual following the date on which the license is
issued (or in the case of a license renewal, following
the date on which the license is renewed under sec-
tion 104);
(6) the signature of the licensed individual pro-
vided on the application, or a facsimile thereof; and
(7) centered at the top of the license, capital-
ized, and in bold-face type, the following statement:
‘‘HANDGUN LICENSE—NOT VALID FOR ANY
OTHER PURPOSE’’.
SEC. 104. RENEWAL OF LICENSE.
(a) APPLICATION FOR RENEWAL.—
(1) IN GENERAL.—In order to renew a handgun
license issued under this title, not later than 30 days
before the expiration date of the license, the licensed
individual shall submit to the Secretary (in accord-
ance with the regulations promulgated under para-
graph (3)), in a form approved by the Secretary, an
application for renewal of the license.
(2) 
CONTENTS.—An 
application 
submitted
under paragraph (1) shall include—
(A) a current, passport-sized photograph of
the applicant that provides a clear, accurate
likeness of the applicant;
(B) current proof of identity of the li-
censed individual; and
(C) the address of the licensed individual.
(3) REGULATIONS GOVERNING SUBMISSION.—
The Secretary shall promulgate regulations speci-
fying procedures for the submission of applications
under this subsection.
(b) ISSUANCE OF RENEWED LICENSE.—Upon ap-
proval of an application submitted under subsection (a),
the Secretary shall issue a renewed license, which shall
meet the requirements of section 103(c), except that the
license shall include the current photograph and address
of the licensed individual, as provided in the application
submitted under this section, and the expiration date of
the renewed license, as provided in section 103(c)(5).
SEC. 105. REVOCATION OF LICENSE.
(a) IN GENERAL.—If an individual to whom a license
has been issued under this title subsequently becomes a
person who is prohibited by subsection (g) or (n) of section
922 of title 18, United States Code, from receiving a
firearm—
(1) the license is revoked; and
(2) the individual shall promptly return the li-
cense to the Secretary.
(b) ADMINISTRATIVE ACTION.—Upon receipt by the
Secretary of notice that an individual to whom a license
has been issued under this title has become a person de-
scribed in subsection (a), the Secretary shall ensure that
the individual promptly returns the license to the Sec-
retary.
TITLE II—RECORD OF SALE OR
TRANSFER
SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR HAND-
GUNS.
Section 922 of title 18, United States Code, is
amended by inserting after subsection (z) (as added by
section 101 of this Act) the following:
‘‘(aa) UNAUTHORIZED SALE
OR TRANSFER
OF
A
HANDGUN.—It shall be unlawful for any person to sell,
deliver, or otherwise transfer a handgun to, or for any per-
son who is not a licensed importer, licensed manufacturer,
SEC. 202. FIREARM RECORDS.
(a) SUBMISSION OF SALE OR TRANSFER REPORTS.—
Not later than 14 days after the date on which the trans-
fer of a handgun is processed by a licensed dealer under
section 922(aa) of title 18, United States Code (as added
by section 201 of this title), the licensed dealer shall sub-
mit to the Secretary (or, in the case of a licensed dealer
located in a State that has a State handgun record of sale
system certified under section 602 of this Act, to the head
of the State agency that administers that system) a report
of that transfer, which shall include information relating
to—
(1) the manufacturer of the handgun;
(2) the model name or number of the handgun;
(3) the serial number of the handgun;
(4) the date on which the handgun was received
by the transferee;
(5) the number of a valid handgun license
issued to the transferee under title I of this Act; and
(6) the name and address of the individual who
transferred the handgun to the transferee.
(b) FEDERAL RECORD OF SALE SYSTEM.—Not later
than 9 months after the date of enactment of this Act,
the Secretary shall establish and maintain a Federal hand-
gun record of sale system, which shall include the informa-
tion included in each report submitted to the Secretary
under subsection (a).
(c) ELIMINATION OF PROHIBITION ON ESTABLISH-
MENT OF SYSTEM OF REGISTRATION.—Section 926(a) of
title 18, United States Code, is amended by striking the
second sentence.
TITLE III—ADDITIONAL
PROHIBITIONS
SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIRE-
MENT.
Section 922 of title 18, United States Code, is
amended by inserting after subsection (aa) (as added by
section 201 of this Act) the following:
‘‘(bb) UNIVERSAL BACKGROUND CHECK REQUIRE-
MENT.—
‘‘(1) REQUIREMENT.—Except as provided in
paragraph (2), it shall be unlawful for any person
other than a licensed importer, licensed manufac-
turer, licensed dealer, or licensed collector to sell, de-
liver, or otherwise transfer a firearm to any person
other than such a licensee, unless the transfer is
processed through a licensed dealer in accordance
with subsection (t).
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to the infrequent transfer of a firearm by gift,
bequest, intestate succession or other means by an
individual to a parent, child, grandparent, or grand-
child of the individual, or to any loan of a firearm
for any lawful purpose for not more than 30 days
between persons who are personally known to each
other.’’.
SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION
OF RECORDS.
Section 922 of title 18, United States Code, is
amended by inserting after subsection (bb) (as added by
section 301 of this title) the following:
‘‘(cc) FAILURE TO MAINTAIN OR PERMIT INSPEC-
TION OF RECORDS.—It shall be unlawful for a licensed
manufacturer or a licensed dealer to fail to comply with
section 202 of the Handgun Licensing and Record of Sale
Act of 2001, or to maintain such records or supply such
information as the Secretary may require in order to as-
certain compliance with such Act and the regulations and
orders issued under such Act.’’.
SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIRE-
ARM.
Section 922 of title 18, United States Code, is
amended by inserting after subsection (cc) (as added by
section 302 of this title) the following:
‘‘(dd) FAILURE TO REPORT LOSS OR THEFT OF
FIREARM.—It shall be unlawful for any person who owns
a handgun to fail to report the loss or theft of the handgun
to the Secretary within 72 hours after the loss or theft
is discovered.’’.
SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF AD-
DRESS.
Section 922 of title 18, United States Code, is
amended by inserting after subsection (dd) (as added by
section 303 of this title) the following:
‘‘(ee) FAILURE TO PROVIDE NOTICE OF CHANGE OF
ADDRESS.—It shall be unlawful for any individual to
whom a handgun license has been issued under title I of
the Handgun Licensing and Record of Sale Act of 2001
to fail to report to the Secretary a change in the address
of that individual within 60 days of that change of ad-
dress.’’.
SEC. 305. CHILD ACCESS PREVENTION.
Section 922 of title 18, United States Code, is
amended by inserting after subsection (ee) (as added by
section 304 of this title) the following:
‘‘(ff) CHILD ACCESS PREVENTION.—
‘‘(1) DEFINITION
OF
CHILD.—In this sub-
section, the term ‘child’ means an individual who has
not attained the age of 18 years.
‘‘(2) PROHIBITION AND PENALTIES.—Except as
provided in paragraph (3), it shall be unlawful for
any person to keep a loaded firearm, or an unloaded
firearm and ammunition for the firearm, any 1 of
which has been shipped or transported in interstate
or foreign commerce, within any premises that is
under the custody or control of that person, if—
‘‘(A) that person—
‘‘(i) knows, or recklessly disregards
the risk, that a child is capable of gaining
access to the firearm; and
‘‘(ii) either—
‘‘(I) knows, or recklessly dis-
regards the risk, that a child will use
the firearm to cause the death of, or
serious bodily injury (as defined in
section 1365 of this title) to, the child
or any other person; or
‘‘(II) knows, or reasonably should
know, that possession of the firearm
by a child is unlawful under Federal
or State law; and
‘‘(B) a child uses the firearm and thereby
causes the death of, or serious bodily injury to,
the child or any other person.
‘‘(3) EXCEPTIONS.—Paragraph (2) does not
apply if—
‘‘(A) at the time the child obtained access,
the firearm was secured with a secure gun stor-
age or safety device;
‘‘(B) the person is a peace officer, a mem-
ber of the Armed Forces, or a member of the
National Guard, and the child obtains the fire-
arm during, or incidental to, the performance of
the official duties of the person in that capacity;
‘‘(C) the child uses the firearm in a lawful
act of self-defense or defense of 1 or more other
persons; or
‘‘(D) the person has no reasonable expecta-
tion, 
based 
on 
objective 
facts 
and 
cir-
cumstances, that a child is likely to be present
on the premises on which the firearm is kept.’’.
TITLE IV—ENFORCEMENT
SEC. 401. CRIMINAL PENALTIES.
(a) FAILURE TO POSSESS HANDGUN LICENSE; FAIL-
URE TO COMPLY WITH FIREARM SALE OR TRANSFER
REQUIREMENTS; FAILURE TO MAINTAIN OR PERMIT IN-
SPECTION
OF RECORDS.—Section 924(a) of title 18,
United States Code, is amended by adding at the end the
following: