I
104TH CONGRESS
2D SESSION
H. R. 4044
To encourage States to regulate the sale and use of certain handguns, and
to gather information on guns used in crimes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 10, 1996
Mr. SCHUMER (for himself, Mr. REED, Ms. LOFGREN, Mr. ACKERMAN, and
Mr. HASTINGS of Florida) introduced the following bill; which was re-
ferred to the Committee on the Judiciary
A BILL
To encourage States to regulate the sale and use of certain
handguns, and to gather information on guns used in crimes.
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 ‘‘Safe and Responsible
Handgun Act of 1996’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) certain handguns that are widely marketed
across State lines are traced disproportionately to
violent crimes, and in particular to crimes in States
other than those in which they were manufactured
or purchased;
(2) many of these handguns are of dangerously
poor quality and threaten the safety even of legiti-
mate users for sport or self-defense;
(3) States should be encouraged to restrict the
sale of handguns that are unsafe, particularly suited
for crime, and not useful for sporting, hunting, law
enforcement, or self-defense purposes; and
(4) accurate and uniform data on the use of
guns is essential to formulating effective policy to re-
duce violent crime involving guns and deaths and in-
juries from such crimes.
SEC. 3. REDUCTION OF BYRNE GRANTS FOR STATES NOT
ELECTING TO ESTABLISH HANDGUN ROSTER
BOARDS.
(a) HANDGUN ROSTER BOARDS.—
(1) ESTABLISHMENT.—The Secretary of the
Treasury shall establish guidelines for the establish-
ment by each State of a Handgun Roster Board (in
this Act referred to as the ‘‘Board’’) which, at a
minimum, meets the following requirements:
(A) The Board shall consist of 9 members,
each of whom shall be eligible to vote in an elec-
tion for officials of the State, and—
(i) 1 of whom shall be a representa-
tive of the police;
(ii) 1 of whom shall be a representa-
tive of the State prosecutor’s office;
(iii) 1 of whom shall be a representa-
tive of a State organization, or a local
chapter of a national organization, which
advocates the rights of fireams owners;
(iv) 1 of whom shall be a representa-
tive of handgun dealers or manufacturers;
(v) 1 of whom shall be a representa-
tive of a State organization, or local chap-
ter of a national organization, which advo-
cates greater control of handguns; and
(vi) 3 of whom shall not meet any re-
quirement of clauses (i) through (v).
(B) The Board shall designate 1 of its
members as the chairman of the Board.
(2) PUBLICATION OF ROSTER.—Not less fre-
quently than annually, the Board shall publish a ros-
ter which specifies the types of handguns which may
be lawfully manufactured, sold, owned, possessed, or
used in the State, and any terms, conditions, or cir-
cumstances under which such types of handguns
may be so manufactured, sold, owned, possessed, or
used, and shall transmit a copy of the roster to each
licensed dealer in the State who is not prohibited
by State law from dealing in handguns.
(3) FACTORS TO BE CONSIDERED.—In deciding
whether to include a type of handgun on the roster,
the Board shall consider the following factors:
(A) Concealability.
(B) Ballistic accuracy.
(C) Portability.
(D) Quality of materials.
(E) Quality of manufacture.
(F) Safety features.
(G) Caliber.
(H) Detectability by the standard security
equipment commonly used at airports or court-
houses and approved by the Federal Aviation
Administration for use at airports in the United
States.
(I) Utility for legitimate sporting activities,
hunting, self-protection, or law enforcement.
(4) PROCEDURAL RULE.—The Board may in-
clude a type of handgun on the roster upon the
Board’s initiative, or upon the petition of any per-
son.
(5) LAWS RELATING TO HANDGUNS.—
(A) IN GENERAL.—The State shall have in
effect such laws as may be necessary to make
unlawful in the State the manufacture, sale,
ownership, possession, and use of—
(i) any handgun which is of a type not
specified on the roster published by the
Board pursuant to paragraph (2); and
(ii) any handgun which is of a type
specified on the roster published by the
Board pursuant to paragraph (2), except
under such terms and conditions as the
Board may specify.
(B) PENALTIES
FOR
CERTAIN
VIOLA-
TIONS.—
(i) UNLAWFUL
MANUFACTURE
OF
HANDGUN.—Such laws shall provide that
any person who unlawfully manufactures a
handgun for distribution or sale shall be
fined not more than $10,000 and be sub-
ject to such other penalties as may be pro-
vided for by State law.
(ii) UNLAWFUL SALE OR OFFER OF
HANDGUN.—Such laws shall provide that
any person who unlawfully sells a handgun
or offers a handgun for sale shall be fined
not more than $2,500 and be subject to
such other penalties as may be provided
for by State law.
(iii) SEPARATE
VIOLATIONS.—Such
laws shall provide that a violation of such
laws involving 2 or more handguns shall
constitute separate violations of such laws
with respect to each handgun involved.
(C) EXEMPTION FOR CERTAIN LAWFULLY
POSSESSED
HANDGUNS.—Subparagraph 
(A)
shall not be construed to require the State laws
described in subparagraph (A) to apply to any
handgun lawfully possessed on the date of the
enactment of the law.
(6) DEFINITIONS.—As used in this subsection:
(A) HANDGUN.—The term ‘‘handgun’’
shall have the meaning given such term by sec-
tion 921(a)(29) of title 18, United States Code.
(B) LICENSED
DEALER.—The term ‘‘li-
censed dealer’’ shall have the meaning given
such term by section 921(a)(11) of title 18,
United States Code.
(b) COMPLIANCE.—
(1) COMPLIANCE DATE.—Each State shall have
not more than 3 years from the date of enactment