I
104TH CONGRESS
1ST SESSION
H. R. 916
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, 1995
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 1995’’.
SEC. 2. FINDINGS AND DECLARATIONS.
The Congress finds and declares that—
(1) the number of privately held handguns has
more than doubled—from 33,000,000 in 1973 to
more than 75,000,000 today—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;
(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;
(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
use of a single hand, or 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;
‘‘(2) Federal, State, or local government agen-
cies charged with law enforcement duties that re-
quire its officers to possess handguns;
‘‘(3) registered security guard services, and em-
ployees of such services who are performing duties
as security guards;
‘‘(4) licensed handgun clubs; or
‘‘(5) members of a licensed handgun club who
are participating in otherwise lawful activities of the
club.
‘‘(c) APPROVED TRANSACTIONS.—Pursuant to regu-
lations issued by the Secretary, the Secretary may approve
the manufacture, importation, sale, purchase, transfer, re-
ceipt, ownership, possession, transportation, and use of a
handgun or handgun ammunition by licensed manufactur-
ers, licensed importers, and licensed dealers as necessary
to meet the lawful requirements of the persons and entities
described in subsection (b).
‘‘§ 943. Licensing of handgun clubs
‘‘(a) HANDGUN CLUBS.—Pursuant to regulations is-
sued by the Secretary, the Secretary may issue a license
to a handgun club if—
‘‘(1) no member of the handgun club is a per-
son whose membership and participation in the club
is in violation of State or local law;
‘‘(2) no member of the handgun club is prohib-
ited from transporting, shipping, or receiving fire-
arms or ammunition in interstate or foreign com-
merce under section 922 (g) or (h);
‘‘(3) no member of the handgun club has will-
fully violated this chapter or any regulations issued
under this chapter;
‘‘(4) the handgun club has not willfully failed to
disclose any material information required, and has
not made any false statement as to any material fact
in connection with its application;
‘‘(5) the handgun club has been founded and is
operated for bona fide target shooting;
‘‘(6) the handgun club—
‘‘(A) has a single, established premises
from which it operates;
‘‘(B) has procedures for supervising the
use of handguns by its members at all times;
‘‘(C)(i) has procedures and has facilities on
its premises for keeping the handguns in a se-
cure place, under the control of a designated of-
ficer of the club, at all times when the hand-
guns are not being used by its members; and
‘‘(ii) has made arrangements for the stor-
age of the members’ handguns in a facility of
the local police department or other law en-
forcement agency, at all times when the hand-
guns are not being used by its members; and
‘‘(D) meets all operational, safety, security,
training, and other requirements that the Sec-
retary may prescribe by regulation.
‘‘(b) REVOCATION.—The Secretary shall revoke the
license of a licensed handgun club that does not continue
to meet the requirements of subsection (a).
‘‘(c) LICENSE FEE.—A licensed handgun club shall
pay to the Secretary an annual license fee of $25.
‘‘§ 944. Registration of security guard services
‘‘(a) SECURITY GUARD SERVICES.—Under regula-
tions issued by the Secretary, the Secretary may approve
the registration of a security guard service if—
‘‘(1)(A) the security guard service has proce-
dures and has facilities on its premises for keeping
its handguns in a secure place, under the control of
a designated officer of the security guard service; or
‘‘(B) has made arrangements for the storage of
its handguns in a facility of the local police depart-
ment or other law enforcement agency, at all times
when such handguns are not in use for legitimate
business purposes;
‘‘(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—
‘‘(A) maintain records of such sales, trans-
fers, receipts, and other dispositions of hand-