I
105TH CONGRESS
1ST SESSION
H. R. 1998
To disarm lawless persons and assist State and Federal law enforcement
agencies in preventing and solving gun crimes by requiring registration
of all firearms and firearm transfers and requiring permits for the
possession and transfer of firearms and ammunition.
IN THE HOUSE OF REPRESENTATIVES
JUNE 19, 1997
Mr. YATES introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To disarm lawless persons and assist State and Federal
law enforcement agencies in preventing and solving gun
crimes by requiring registration of all firearms and fire-
arm transfers and requiring permits for the possession
and transfer of firearms and ammunition.
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 ‘‘Yates Firearm Reg-
istration and Crime Prevention Act of 1997’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) crimes committed with guns threaten the
peace and domestic tranquillity of the citizens of the
United States and the security and general welfare
of the Nation and its people;
(2) the unregistered and unregulated circulation
of firearms in the United States increases the num-
ber of crimes committed with firearms;
(3) firearms crimes have created a substantial
burden on interstate and foreign commerce;
(4) fear of firearms crimes discourages citizens
from traveling between the States to conduct busi-
ness or to visit national shrines and monuments, in-
cluding the Nation’s Capital;
(5) in view of the ease with which firearms may
be concealed and transported across State lines, in-
dividual State action to regulate firearms is made
ineffective by lax regulation in other States and, ac-
cordingly, national legislation establishing minimum
standards for the registration and regulation of fire-
arms is necessary to permit effective State action;
(6) crimes committed with guns have disrupted
our national political processes and threaten the re-
publican form of government within the States as
guaranteed by Article IV of the United States Con-
stitution;
(7) the use of guns in homicides is not evenly
distributed across population subgroups, death and
injury in criminal violence from firearms are espe-
cially pronounced in the younger age groups and
among minorities, and firearm homicide is the sec-
ond leading cause of death for 15- to 19-year-olds
and is increasing more rapidly than any other cause
of death;
(8) the Second Amendment to the United
States Constitution was established to provide for
the common defense by protecting the rights of the
individual States to organize militias in times of na-
tional emergency;
(9) firearm ownership is a privilege, not unlike
that of driving a car, and it is the duty and obliga-
tion of the Federal Government to institute regula-
tions and guidelines in order to safeguard the wel-
fare of the general public; and
(10) officials of the Government of the United
States, including 4 Presidents of the United States
and candidates for national public office, have been
assassinated by use of firearms, and the lives of na-
tional officials of the legislative, executive, and judi-
cial branches are increasingly threatened by the un-
registered and unregulated circulation of firearms in
the United States.
SEC. 3. REGISTRATION OF FIREARMS AND FIREARM
TRANSFERS; FIREARMS PERMITS.
(a) IN GENERAL.—Title 18, United States Code, is
amended by inserting after chapter 44 the following:
‘‘CHAPTER 44A—REGISTRATION OF FIREARMS
AND FIREARM TRANSFERS; FIREARMS PERMITS
‘‘Sec.
‘‘941. Definitions.
‘‘942. Registration of firearms and firearm transfers.
‘‘943. Permits for possession and transfer of firearms and ammunition.
‘‘944. Disposition of unregistered firearms.
‘‘945. Penalties.
‘‘946. Administration.
‘‘947. Effect on State law.
‘‘§ 941. Definitions
‘‘The definitions in section 921(a) shall apply for pur-
poses of this chapter.
‘‘§ 942. Registration of firearms and firearm transfers
‘‘(a)(1) It shall be unlawful for any person who owns
a firearm in the United States on the effective date of
this chapter to fail to register the firearm with the Sec-
retary in accordance with subsection (b) within 1 year
after the effective date.
‘‘(2) It shall be unlawful for any person who manu-
factures a firearm in, or imports a firearm into, the
United States to fail to register the firearm with the Sec-
retary in accordance with subsection (b) within 7 calendar
days after the date of manufacture or importation.
‘‘(3)(A) It shall be unlawful for any person who
transfers, or to whom is transferred, a firearm in the Unit-
ed States to fail to register the firearm transfer with the
Secretary in accordance with subsection (b) within 7 cal-
endar days after the date of the transfer.
‘‘(B) Subparagraph (A) shall not apply to the delivery
of a firearm by or to a common carrier, licensed pursuant
to Federal or State law to transport firearms, in connec-
tion with the otherwise lawful transport of the firearm.
‘‘(b) A person may register a firearm or firearm
transfer by submitting to the Secretary, in person or by
mail, the following information:
‘‘(1) The name, age, address, and social secu-
rity number (if any), of—
‘‘(A) the person; or
‘‘(B) in the case of a firearm transfer, the
transferor and the transferee.
‘‘(2) The name of the manufacturer, the caliber
or gauge (as appropriate), the model and type, and
the serial number identification (if any) of the fire-
arm.
‘‘(c) It shall be unlawful for any person who discovers
that the person has lost a firearm or that a firearm has
been stolen from the person to fail to submit to the Sec-
retary, during the 48-hour period that begins with the
time the person discovers the loss or theft, a report of
the loss or theft, which shall include such information as
the Secretary shall by regulation prescribe, including the
date and place of the loss or theft.
‘‘§ 943. Permits for possession and transfer of fire-
arms and ammunition
‘‘(a)(1) Beginning 1 year after the effective date of
this chapter, it shall be unlawful for a person to possess
a firearm or ammunition in or affecting commerce unless
the Secretary has issued to the person a firearms permit
under subsection (b) which has not become invalid.
‘‘(2)(A) It shall be unlawful for a person to transfer
or receive a firearm or ammunition in or affecting com-
merce unless the transferee or recipient has and displays
to the transferor a firearms permit issued to the transferee
or recipient by the Secretary under subsection (b) which
has not become invalid.
‘‘(B) Subparagraph (A) shall not apply to the delivery
of a firearm by or to, or the receipt of a firearm from,
a common carrier licensed pursuant to Federal or State
law to transport firearms, in connection with the otherwise
lawful transportation of the firearm.
‘‘(b) The Secretary shall issue a firearms permit to
an applicant upon receipt of a written application that
contains the following:
‘‘(1) A statement that the applicant—
‘‘(A) has attained 18 years of age;
‘‘(B) is not under indictment for, or been
convicted in a court of, a crime punishable by
imprisonment for a term exceeding 1 year;
‘‘(C) is not a fugitive from justice;
‘‘(D) is not an unlawful user of, or ad-
dicted to, a controlled substance (as defined in
section 102 of the Controlled Substances Act
(21 U.S.C. 802));
‘‘(E) has not been adjudicated as a mental
defective or been committed to a mental institu-
tion;
‘‘(F) is not an alien who is illegally or un-
lawfully in the United States;
‘‘(G) has not been discharged from the
armed forces under dishonorable conditions;
‘‘(H) is not a person who, having been a
citizen of the United States, has renounced
such citizenship; and
‘‘(I) is not subject to a court order that—
‘‘(i) was issued after a hearing of
which the applicant received actual notice,
and at which the applicant had an oppor-
tunity to participate;
‘‘(ii) restrains the applicant from
harassing, stalking, or threatening an inti-
mate partner of the applicant or a child of
such an intimate partner or the applicant,
or engaging in other conduct that would
place an intimate partner in reasonable
fear of bodily injury to the partner or
child; and
‘‘(iii)(I) includes a finding that the
applicant represents a credible threat to
the physical safety of such intimate part-
ner or child; or
‘‘(II) by its terms explicitly prohibits
the use, attempted use, or threatened use
of physical force against such intimate
partner or child that would reasonably be
expected to cause bodily injury.
‘‘(2) A photograph and fingerprints of the ap-
plicant, which shall be obtained in such manner as
the Secretary shall by regulation prescribe.
‘‘(3) Such additional information regarding the
applicant, including date and place of birth, gender,
height, weight, eye and hair color, and present and
previous residences, as the Secretary shall by regula-
tion prescribe.
‘‘(4) The notarized signature of the applicant,
who shall swear or attest to the truth of all state-
ments, information, and material provided in the ap-
plication.
‘‘(c) A firearms permit issued to a person under sub-
section (b) shall be invalid if it becomes unlawful for the
person to receive a firearm in interstate or foreign com-
merce.
‘‘(d) It shall be unlawful for a person to fail to return
to the Secretary a firearms permit issued to the person
under subsection (b) within 7 calendar days after the date
the permit becomes invalid.
‘‘§ 944. Disposition of unregistered firearms
‘‘(a) Within 1 year after the effective date of this
chapter, the owner of a firearm may dispose of the firearm
at such place as the Secretary may designate, and upon
such disposition, the Secretary shall pay the owner an
amount equal to the fair market value of the firearm.
‘‘(b) The Secretary shall provide for the destruction
of any firearm acquired by the Secretary pursuant to this
section, except any such firearm which the Secretary finds
is needed in a criminal investigation or prosecution, or has
unique historic or technological value.
‘‘§ 945. Penalties
‘‘(a) Whoever knowingly owns, possesses, transfers,
or receives any firearm or ammunition in violation of this
chapter shall be fined under this title, imprisoned not
more than 10 years, or both.
‘‘(b) Whoever knowingly obliterates, defaces, or oth-
erwise alters the serial number identification of a firearm
shall be fined under this title, imprisoned not more than
10 years, or both.
‘‘(c) Whoever knowingly violates section 942(c) shall
be fined under this title, imprisoned not more than 5
years, or both.
‘‘(d) Whoever, with the intent to evade a requirement
or obstruct the enforcement of this chapter, furnishes to
a person a firearms permit which has not been issued to
the person under section 943(b) shall be fined under this
title, imprisoned not more than 10 years, or both.
‘‘(e) Whoever knowingly violates section 943(d) shall
be fined under this title, imprisoned not more than 10
years, or both.
‘‘(f) Any firearm or ammunition involved in, or used
or intended to be used in, a violation of this chapter shall
be subject to seizure and forfeiture, and all provisions of
the Internal Revenue Code of 1986 relating to the seizure,
forfeiture, and disposition of firearms (as defined in sec-
tion 5845(a) of such Code) shall, so far as applicable, ex-
tend to seizures and forfeitures under this subsection.
‘‘§ 946. Administration
‘‘(a) The Secretary shall establish and maintain
records of the information submitted pursuant to this
chapter.
‘‘(b) The Secretary shall cooperate with the State and
local law enforcement officers in making available to them,
under appropriate safeguards, information gathered pur-
suant to this chapter, and shall undertake to establish re-
ciprocal channels of information with the States to carry
out this chapter.
‘‘(c) The Secretary may prescribe such rules and reg-
ulations as the Secretary deems reasonably necessary to
carry out this chapter.
‘‘(d) To meet the expenses of carrying out this chap-
ter, the Secretary may prescribe reasonable fees to be paid
by any person who—
‘‘(1) registers a firearm or firearm transfer pur-
suant to section 942; or
‘‘(2) applies for a permit under section 943.
‘‘(e) Upon request of the Secretary, the head of a
department or agency of the Federal Government shall as-
sist the Secretary in the administration of this chapter,
unless the President prohibits the provision of such assist-
ance.
‘‘§ 947. 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 the provision operates to the exclusion
of the law of any State or possession on the same subject
matter, unless there is a direct and positive conflict be-
tween the provision and the law of the State or possession
so that the 2 cannot be reconciled or consistently stand
together.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect 1 year after the date of
the enactment of this Act.
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