I
103D CONGRESS
1ST SESSION
H. R. 3482
To establish a system for regulating the possession and transfer of handguns
and handgun ammunition, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 9, 1993
Mr. RUSH (for himself, Mr. CLAY, Mr. LIPINSKI, Mr. FOGLIETTA, Ms. NOR-
TON, and Mr. RANGEL) introduced the following bill; which was referred
jointly to the Committees on the Judiciary and Energy and Commerce
A BILL
To establish a system for regulating the possession and
transfer of handguns and handgun ammunition, 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.
This Act may be cited as the ‘‘Public Safety and
Protection Act of 1993’’.
SEC. 2. SYSTEM FOR REGULATION OF HANDGUNS AND
HANDGUN AMMUNITION.
(a) DEFINITIONS.—Section 921(a) of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(29) The term ‘handgun’ means any firearm, includ-
ing a pistol or revolver, that is designed to be fired by
the use of a single hand, and any combination of parts
from which such a firearm can be assembled.
‘‘(30) The term ‘handgun ammunition’ means ammu-
nition that is designed for use primarily in a handgun.
‘‘(31) The term ‘handgun club’ means a club that is
organized and is operated for target shooting with hand-
guns, and the term ‘licensed handgun club’ means a hand-
gun club licensed under section 923(l).
‘‘(32) The term ‘authorized security guard service’
means a private entity that is authorized under State and
local law to conduct a business of providing security
services.’’.
(b) PROHIBITIONS.—Section 922 of such title is
amended by adding at the end the following:
‘‘(s)(1) It shall be unlawful for any person to possess
or transfer a handgun or handgun ammunition, except as
provided in this subsection.
‘‘(2) Any of the following persons may transfer a
handgun or handgun ammunition to any other of the fol-
lowing persons:
‘‘(A) A member of a licensed handgun club.
‘‘(B) An authorized security guard service.
‘‘(C) A person licensed under section 923.
‘‘(3)(A) A member of a licensed handgun club may
possess a handgun or handgun ammunition on the prem-
ises of the club.
‘‘(B) An individual authorized by a State to provide
security services and employed as a security guard may
possess a handgun or handgun ammunition within the
scope of such employment.
‘‘(C) An individual certified or commissioned as a po-
lice officer under the laws of the United States or of any
State or political subdivision thereof may possess a hand-
gun or handgun ammunition at any location within the
scope of the certification or commission.
‘‘(D) A person described in paragraph (2) of this sub-
section may possess a handgun or handgun ammunition
owned by a person licensed under section 923 at the loca-
tion specified on the license.
‘‘(E) A person licensed under section 923 may trans-
port a handgun or handgun ammunition, title to which
has been lawfully transferred under paragraph (2) of this
subsection, directly to a location where the transferee may
lawfully possess the handgun or handgun ammunition, but
only in accordance with regulations prescribed by the
Secretary.
‘‘(4) Paragraph (1) shall not apply to the United
States or any department or agency thereof, or any State
or any department, agency, or political subdivision there-
of.’’.
(c) LICENSING OF HANDGUN CLUBS.—Section 923
of such title is amended by adding at the end the follow-
ing:
‘‘(l)(1) Any person desiring to be licensed as a hand-
gun club may file an application for the license with the
Secretary.
‘‘(2) The application shall be in such form and con-
tain only such information as the Secretary shall by regu-
lation prescribe.
‘‘(3) The Secretary shall approve an application for
a license under this subsection if—
‘‘(A) the applicant is a handgun club that—
‘‘(i) has not willfully failed to disclose any
material information required in, and has not
made any false statement as to any material
fact in connection with, the application;
‘‘(ii) has been founded and operates for
bona fide target shooting;
‘‘(iii) has premises from which it operates;
‘‘(iv) maintains possession and control of
the handguns used by its members at all times
when they are not in the possession of club
members;
‘‘(v) has procedures and facilities on its
premises for keeping handguns in a secure
place, under the control of a designated officer
of the club at all times when they are not being
used for target shooting; and
‘‘(vi) meets all requirements that the Sec-
retary may prescribe by regulation; and
‘‘(B) no member of the club—
‘‘(i) is a person whose membership and
participation in the club is in violation of State
or local law;
‘‘(ii) is prohibited from transporting, ship-
ping, or receiving firearms or ammunition in
interstate or foreign commerce under subsection
(g) or (h) of section 922; or
‘‘(iii) has willfully violated this chapter or
any regulation issued under this chapter.
‘‘(4) If the Secretary approves an application for a
license under this subsection, then, upon payment by the
applicant of a $100 fee, the Secretary shall issue to the
applicant a license entitling the applicant to operate as
a licensed handgun club.
‘‘(5) A license issued under this subsection shall ex-
pire 1 year after the date of issuance.
‘‘(6) The Secretary may, after notice and opportunity
for a hearing, revoke any license issued under this sub-
section if the holder of the license fails to continue to meet
the requirements of paragraph (3).’’.
(d) RECORDKEEPING; INSPECTIONS.—Section 923 of
such title, as amended by subsection (c) of this section,
is amended by adding at the end the following:
‘‘(m) Any person who transfers a handgun or hand-
gun ammunition shall—
‘‘(1) maintain a record of the transfer in such
form as the Secretary may by regulation provide;
and
‘‘(2) permit the Secretary to enter the premises
of the person (and, if the person is a member of a
licensed handgun club, the premises of the club) at
reasonable times for the purpose of inspecting the
record.’’.
(e) REPORT OF LOSS OR THEFT.—Section 923 of
such title, as amended by subsections (c) and (d) of this
section, is amended by adding at the end the following:
‘‘(n) Not later than 30 days after a person discovers
the loss by the person or the theft from the person of a
handgun, handgun ammunition, or a record required to
be maintained under this chapter, the person shall report
the loss or theft to the Secretary.’’.
(f) PENALTIES.—Section 924(a) of such title is
amended—
(1) in paragraph (1)—
(A) in the matter before subparagraph (A),
by striking ‘‘paragraph (2) or (3) of’’; and
(B) in subparagraph (B), by striking ‘‘or
(q)’’ and inserting ‘‘(r), or (s)’’; and
(2) by adding at the end the following:
‘‘(5)(A) A person who violates section 923(n) shall
pay to the Secretary a civil penalty in an amount deter-
mined by the Secretary, of not less than $2,000 nor more
than $5,000.
‘‘(B) A person shall pay to the Secretary a civil pen-
alty in an amount determined by the Secretary, of not less
than $1,000 nor more than $5,000, if the person—
‘‘(i) violates section 922(s)(3)(E) or 923(m); or
‘‘(ii) makes a false statement or representation
with respect to any matter covered by subsection (l)
or (m) of section 923.
‘‘(C) Any handgun or handgun ammunition involved
or used in, or intended to be used in, a violation of this
chapter or any regulation issued under this chapter, or
any violation of any other criminal law of any State or
the United States, shall be subject to seizure and
forfeiture.’’.
(g) RULE
OF CONSTRUCTION.—The amendments
made by this section shall not be construed as modifying
or affecting any provision of—
(1) the National Firearms Act (chapter 53 of
the Internal Revenue Code of 1956);
(2) section 414 of the Mutual Security Act of
1954 (22 U.S.C. 1934), relating to munitions con-
trol; or
(3) section 1715 of title 18, United States
Code, relating to nonmailable firearms.
(h) EFFECTIVE DATE.—The amendments made by
this section shall apply to conduct engaged in after the
180-day period that begins with the date of the enactment
of this Act.
SEC. 3. REPEAL OF PROHIBITIONS AGAINST RECORDING
FIREARMS RECORDS AT, OR TRANSFERRING
SUCH RECORDS TO, A PUBLIC FACILITY, AND
ESTABLISHING A SYSTEM FOR REGISTRA-
TION OF FIREARMS, FIREARMS OWNERS, OR
FIREARMS DISPOSITIONS.
Section 926(a) of title 18, United States Code, is
amended by striking the 2nd and 3rd sentences.
SEC. 4. RESTORATION OF RECORDKEEPING REQUIRE-
MENTS FOR DEALERS SELLING FIREARMS
FROM PERSONAL COLLECTIONS.
Section 923 of title 18, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘only that in-
formation necessary to determine eligibility for li-
censing’’ and inserting ‘‘such information’’;
(2) in subsection (b), by striking ‘‘only that in-
formation necessary to determine eligibility’’ and in-
serting ‘‘such information’’; and
(3) in subsection (c), by striking ‘‘: Provided,
That no other recordkeeping shall be required’’ and
inserting ‘‘, and any other recordkeeping as may be
prescribed by the Secretary’’.