I
104TH CONGRESS
1ST SESSION
H. R. 1321
To prevent handgun violence and illegal commerce in firearms.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 1995
Mr. SCHUMER introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To prevent handgun violence and illegal commerce in
firearms.
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 ‘‘Handgun Control and
Violence Prevention Act of 1995’’.
SEC. 2. FINDINGS AND DECLARATIONS.
The Congress finds and declares that—
(1) crimes committed with firearms threaten
the peace and domestic tranquility of the United
States and threaten the security and general welfare
of the Nation and its people;
(2) crimes committed with firearms, especially
those committed with handguns, have imposed a
substantial burden on interstate commerce;
(3) firearms are easily transported across State
boundaries and, as a result, individual State action
to regulate firearms is made ineffective by lax regu-
lation by other States; and
(4) it is necessary to establish uniform national
laws governing all aspects of the firearms industry,
requiring handgun licensing and registration, ex-
panding the categories of persons prohibited from
possessing firearms, limiting Federal firearms licens-
ees to bona fide importers, manufacturers, and deal-
ers, and prohibiting the sale of semiautomatic as-
sault weapons and other dangerous weapons.
SEC. 3. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Findings and declarations.
Sec. 3. Table of contents.
TITLE I—NATIONAL HANDGUN CONTROLS
Sec. 101. State license required to receive a handgun.
Sec. 102. Prohibition of multiple handgun transfers.
Sec. 103. Prohibition of engaging in the business of dealing in handguns with-
out specific authorization; requirement that authorization be
provided if applicant demonstrates significant unmet economic
demand.
TITLE II—TRACING OF GUNS USED IN CRIMES
Sec. 201. Dealer assistance with tracing of firearms.
Sec. 202. Computerization of records.
Sec. 203. Interstate transportation of firearms.
Sec. 204. Gun running.
Sec. 205. Handgun barrel registration.
Sec. 206. National Firearms Tracing Center.
TITLE III—DEALER RESPONSIBILITY
Sec. 301. Compliance with State and local firearms licensing laws as condition
to issuance of Federal firearms license.
Sec. 302. Background investigation of licensees.
Sec. 303. Increased license fees for dealers.
Sec. 304. Increased penalties for making knowingly false statements in connec-
tion with firearms.
Sec. 305. Dealer inspections.
Sec. 306. Gun shows.
Sec. 307. Acquisition and disposition records of dealers suspected of serving as
sources of illegal firearms.
Sec. 308. Dealer responsibility for sales to felons or minors.
Sec. 309. Interstate shipment of firearms.
TITLE IV—THEFT OF FIREARMS
Sec. 401. Dealer reporting of firearm thefts.
Sec. 402. Theft of firearms or explosives.
Sec. 403. Theft of firearms or explosives from licensee.
Sec. 404. Security of licensed firearms dealers.
TITLE V—ARMED FELONS
Sec. 501. Denial of administrative relief from certain firearms prohibitions; in-
admissibility of additional evidence in judicial review of denials
of such administrative relief for other persons.
Sec. 502. Clarification of definition of conviction.
Sec. 503. Enhanced penalty for use of a semiautomatic firearm during a crime
of violence or a drug trafficking crime.
Sec. 504. Violation of firearms laws in aid of drug trafficking.
Sec. 505. Mandatory penalties for firearms possession by violent felons and se-
rious drug offenders.
TITLE VI—VIOLENT MISDEMEANANTS
Sec. 601. Prohibition of disposal of firearms or ammunition to, or receipt of
firearms or ammunition by, persons convicted of a violent
crime or subject to a protection order.
TITLE VII—AMMUNITION
Sec. 701. Federal license to deal in ammunition.
Sec. 702. Regulation of the manufacture, importation, and sale of certain par-
ticularly dangerous bullets.
TITLE I—NATIONAL HANDGUN
CONTROLS
SEC. 101. STATE LICENSE REQUIRED TO RECEIVE A HAND-
GUN.
(a) IN GENERAL.—Section 922 of title 18, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(y)(1) It shall be unlawful for any person to sell,
deliver, or otherwise transfer a handgun to an individual
who is not licensed under section 923 unless—
‘‘(A) the transferor (or a licensed dealer, if
State law so directs or allows) has verified that the
transferee possesses a valid State handgun license
by—
‘‘(i) examining the State handgun license;
‘‘(ii) examining, in addition to the State
handgun license, a valid identification document
(as defined in section 1028(d)) containing a
photograph of the transferee; and
‘‘(iii) contacting the chief law enforcement
officer of the State that issued the State hand-
gun license to confirm that the State handgun
license has not been revoked; and
‘‘(B) the transferor (or licensed dealer) has pro-
vided to the chief law enforcement officer of the
State in which the transfer is to take place a com-
pleted State handgun registration form for the hand-
gun to be transferred.
‘‘(2) It shall be unlawful for any person to sell, de-
liver, or otherwise transfer handgun ammunition to an in-
dividual who is not licensed under section 923 unless the
transferor (or licensed dealer, if State law so directs or
allows) has verified that the transferee possesses a valid
State handgun license by—
‘‘(A) examining the State handgun license; and
‘‘(B) examining, in addition to the State hand-
gun license, a valid identification document (as de-
fined in section 1028(d)) containing a photograph of
the transferee.
‘‘(3) It shall be unlawful for any individual who is
not licensed under section 923 to receive a handgun or
handgun ammunition unless the individual possesses a
valid State handgun license.
‘‘(4) As used in this subsection, the term ‘chief law
enforcement officer of the State’ means the chief, or equiv-
alent officer, of the State police force, or the designee of
that officer.
‘‘(5) As used in this subsection, the term ‘State hand-
gun license’ means a license issued under a State law that,
at a minimum, meets the following requirements: