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H.R.1025
To provide for a waiting period before the purchase of a handgun, and
for the establishment of a national instant criminal background check system to
be contacted by firearms dealers... (Enrolled as Agreed to or Passed by Both
House and Senate)
TITLE I--BRADY HANDGUN CONTROL
SEC. 101. SHORT TITLE.
This title may be cited as the `Brady Handgun Violence Prevention Act'.
SEC. 102. FEDERAL FIREARMS LICENSEE REQUIRED TO CONDUCT CRIMINAL
BACKGROUND CHECK BEFORE TRANSFER OF FIREARM TO NON-LICENSEE.
(1) IN GENERAL- Section 922 of title 18, United States Code, is amended
by adding at the end the following:
`(s)(1) Beginning on the date that is 90 days after the date of enactment
of this subsection and ending on the day before the date that is 60 months
after such date of enactment, it shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer to sell, deliver, or transfer a
handgun to an individual who is not licensed under section 923, unless--
`(A) after the most recent proposal of such transfer by the
transferee--
`(i) the transferor has--
`(I) received from the transferee a statement of the transferee
containing the information described in paragraph (3);
`(II) verified the identity of the transferee by examining the
identification document presented;
`(III) within 1 day after the transferee furnishes the statement,
provided notice of the contents of the statement to the chief law
enforcement officer of the place of residence of the transferee;
and
`(IV) within 1 day after the transferee furnishes the statement,
transmitted a copy of the statement
to the chief law enforcement officer of the place of residence of
the transferee; and
`(ii)(I) 5 business days (meaning days on which State offices are
open) have elapsed from the date the transferor furnished notice of the
contents of the statement to the chief law enforcement officer, during
which period the transferor has not received information from the chief
law enforcement officer that receipt or possession of the handgun by the
transferee would be in violation of Federal, State, or local law;
or
`(II) the transferor has received notice from the chief law
enforcement officer that the officer has no information indicating that
receipt or possession of the handgun by the transferee would violate
Federal, State, or local law;
`(B) the transferee has presented to the transferor a written statement,
issued by the chief law enforcement officer of the place of residence of the
transferee during the 10-day period ending on the date of the most recent
proposal of such transfer by the transferee, stating that the transferee
requires access to a handgun because of a threat to the life of the
transferee or of any member of the household of the transferee;
`(C)(i) the transferee has presented to the transferor a permit
that--
`(I) allows the transferee to possess or acquire a handgun;
and
`(II) was issued not more than 5 years earlier by the State in which
the transfer is to take place; and
`(ii) the law of the State provides that such a permit is to be issued
only after an authorized government official has verified that the
information available to such official does not indicate that possession of
a handgun by the transferee would be in violation of the law;
`(D) the law of the State requires that, before any licensed importer,
licensed manufacturer, or licensed dealer completes the transfer of a
handgun to an individual who is not licensed under section 923, an
authorized government official verify that the information available to such
official does not indicate that possession of a handgun by the transferee
would be in violation of law;
`(E) the Secretary has approved the transfer under section 5812 of the
Internal Revenue Code of 1986; or
`(F) on application of the transferor, the Secretary has certified that
compliance with subparagraph (A)(i)(III) is impracticable because--
`(i) the ratio of the number of law enforcement officers of the State
in which the transfer is to occur to the number of square miles of land
area of the State does not exceed 0.0025;
`(ii) the business premises of the transferor at which the transfer is
to occur are extremely remote in relation to the chief law enforcement
officer; and
`(iii) there is an absence of telecommunications facilities in the
geographical area in which the business premises are located.
`(2) A chief law enforcement officer to whom a transferor has provided
notice pursuant to paragraph (1)(A)(i)(III) shall make a reasonable effort to
ascertain within 5 business days whether receipt or possession would be in
violation of the law, including research in whatever State and local
recordkeeping systems are available and in a national system designated by the
Attorney General.
`(3) The statement referred to in paragraph (1)(A)(i)(I) shall contain
only--
`(A) the name, address, and date of birth appearing on a valid
identification document (as defined in section 1028(d)(1)) of the transferee
containing a photograph of the transferee and a description of the
identification used;
`(B) a statement that the transferee--
`(i) is not under indictment for, and has not been convicted in any
court of, a crime punishable by imprisonment for a term exceeding 1
year;
`(ii) is not a fugitive from justice;
`(iii) is not an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act);
`(iv) has not been adjudicated as a mental defective or been committed
to a mental institution;
`(v) is not an alien who is illegally or unlawfully in the United
States;
`(vi) has not been discharged from the Armed Forces under dishonorable
conditions; and
`(vii) is not a person who, having been a citizen of the United
States, has renounced such citizenship;
`(C) the date the statement is made; and
`(D) notice that the transferee intends to obtain a handgun from the
transferor.
`(4) Any transferor of a handgun who, after such transfer, receives a
report from a chief law enforcement officer containing information that
receipt or possession of the handgun by the transferee violates Federal,
State, or local law shall, within 1 business day after receipt of such
request, communicate any information related to the transfer that the
transferor has about the transfer and the transferee to--
`(A) the chief law enforcement officer of the place of business of the
transferor; and
`(B) the chief law enforcement officer of the place of residence of the
transferee.
`(5) Any transferor who receives information, not otherwise available to
the public, in a report under this subsection shall not disclose such
information except to the transferee, to law enforcement authorities, or
pursuant to the direction of a court of law.
`(6)(A) Any transferor who sells, delivers, or otherwise transfers a
handgun to a transferee shall retain the copy of the statement of the
transferee with respect to the handgun transaction, and shall retain evidence
that the transferor has complied with subclauses (III) and (IV) of paragraph
(1)(A)(i) with respect to the statement.
`(B) Unless the chief law enforcement officer to whom a statement is
transmitted under paragraph (1)(A)(i)(IV) determines that a transaction would
violate Federal, State, or local law--
`(i) the officer shall, within 20 business days after the date the
transferee made the statement on the basis of which the notice was provided,
destroy the statement, any record containing information derived from the
statement, and any record created as a result of the notice required by
paragraph (1)(A)(i)(III);
`(ii) the information contained in the statement shall not be conveyed
to any person except a person who has a need to know in order to carry out
this subsection; and
`(iii) the information contained in the statement shall not be used for
any purpose other than to carry out this subsection.
`(C) If a chief law enforcement officer determines that an individual is
ineligible to receive a handgun and the individual requests the officer to
provide the reason for such determination, the officer shall provide such
reasons to the individual in writing within 20 business days after receipt of
the request.
`(7) A chief law enforcement officer or other person responsible for
providing criminal history background information pursuant to this subsection
shall not be liable in an action at law for damages--
`(A) for failure to prevent the sale or transfer of a handgun to a
person whose receipt or possession of the handgun is unlawful under this
section; or
`(B) for preventing such a sale or transfer to a person who may lawfully
receive or possess a handgun.
`(8) For purposes of this subsection, the term `chief law enforcement
officer' means the chief of police, the sheriff, or an equivalent officer or
the designee of any such individual.
`(9) The Secretary shall take necessary actions to ensure that the
provisions of this subsection are published and disseminated to licensed
dealers, law enforcement officials, and the public.'.
(2) HANDGUN DEFINED- Section 921(a) of title 18, United States Code, is
amended by adding at the end the following:
`(29) The term `handgun' means--
`(A) a firearm which has a short stock and is designed to be held and
fired by the use of a single hand; and
`(B) any combination of parts from which a firearm described in
subparagraph (A) can be assembled.'.
(b) PERMANENT PROVISION- Section 922 of title 18, United States Code, as
amended by subsection (a)(1), is amended by adding at the end the
following:
`(t)(1) Beginning on the date that is 30 days after the Attorney General
notifies licensees under section 103(d) of the Brady Handgun Violence
Prevention Act that the national instant criminal background check system is
established, a licensed importer, licensed manufacturer, or licensed dealer
shall not transfer a firearm to any other person who is not licensed under
this chapter, unless--
`(A) before the completion of the transfer, the licensee contacts the
national instant criminal background check system established under section
103 of that Act;
`(B)(i) the system provides the licensee with a unique identification
number; or
`(ii) 3 business days (meaning a day on which State offices are open)
have elapsed since the licensee contacted the system, and the system has not
notified the licensee that the receipt of a firearm by such other person
would violate subsection (g) or (n) of this section; and
`(C) the transferor has verified the identity of the transferee by
examining a valid identification document (as defined in section 1028(d)(1)
of this title) of the transferee containing a photograph of the
transferee.
`(2) If receipt of a firearm would not violate section 922 (g) or (n) or
State law, the system shall--
`(A) assign a unique identification number to the transfer;
`(B) provide the licensee with the number; and
`(C) destroy all records of the system with respect to the call (other
than the identifying number and the date the number was assigned) and all
records of the system relating to the person or the transfer.
`(3) Paragraph (1) shall not apply to a firearm transfer between a
licensee and another person if--
`(A)(i) such other person has presented to the licensee a permit
that--
`(I) allows such other person to possess or acquire a firearm;
and
`(II) was issued not more than 5 years earlier by the State in which
the transfer is to take place; and
`(ii) the law of the State provides that such a permit is to be issued
only after an authorized government official has verified that the
information available to such official does not indicate that possession of
a firearm by such other person would be in violation of law;
`(B) the Secretary has approved the transfer under section 5812 of the
Internal Revenue Code of 1986; or
`(C) on application of the transferor, the Secretary has certified that
compliance with paragraph (1)(A) is impracticable because--
`(i) the ratio of the number of law enforcement officers of the State
in which the transfer is to occur to the number of square miles of land
area of the State does not exceed 0.0025;
`(ii) the business premises of the licensee at which the transfer is
to occur are extremely remote in relation to the chief law enforcement
officer (as defined in subsection (s)(8)); and
`(iii) there is an absence of telecommunications facilities in the
geographical area in which the business premises are located.
`(4) If the national instant criminal background check system notifies the
licensee that the information available to the system does not demonstrate
that the receipt of a firearm by such other person would violate subsection
(g) or (n) or State law, and the licensee transfers a firearm to such other
person, the licensee shall include in the record of the transfer the unique
identification number provided by the system with respect to the transfer.
`(5) If the licensee knowingly transfers a firearm to such other person
and knowingly fails to comply with paragraph (1) of this subsection with
respect to the transfer and, at the time such other person most recently
proposed the transfer, the national instant criminal background check system
was operating and information was available to the system demonstrating that
receipt of a firearm by such other person would violate subsection (g) or (n)
of this section or State law, the Secretary may, after notice and opportunity
for a hearing, suspend for not more than 6 months or revoke any license issued
to the licensee under section 923, and may impose on the licensee a civil fine
of not more than $5,000.
`(6) Neither a local government nor an employee of the Federal Government
or of any State or local government, responsible for providing information to
the national instant criminal background check system shall be liable in an
action at law for damages--
`(A) for failure to prevent the sale or transfer of a firearm to a
person whose receipt or possession of the firearm is unlawful under this
section; or
`(B) for preventing such a sale or transfer to a person who may lawfully
receive or possess a firearm.'.
(c) PENALTY- Section 924(a) of title 18, United States Code, is
amended--
(1) in paragraph (1), by striking `paragraph (2) or (3) of'; and
(2) by adding at the end the following:
`(5) Whoever knowingly violates subsection (s) or (t) of section 922 shall
be fined not more than $1,000, imprisoned for not more than 1 year, or
both.'.
SEC. 103. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
SYSTEM.
(a) DETERMINATION OF TIMETABLES- Not later than 6 months after the date of
enactment of this Act, the Attorney General shall--
(1) determine the type of computer hardware and software that will be
used to operate the national instant criminal background check system and
the means by which State criminal records systems and the telephone or
electronic device of licensees will communicate with the national
system;
(2) investigate the criminal records system of each State and determine
for each State a timetable by which the State should be able to provide
criminal records on an on-line capacity basis to the national system;
and
(3) notify each State of the determinations made pursuant to paragraphs
(1) and (2).
(b) ESTABLISHMENT OF SYSTEM- Not later than 60 months after the date of
the enactment of this Act, the Attorney General shall establish a national
instant criminal background check system that any licensee may contact, by
telephone or by other electronic means in addition to the telephone, for
information, to be supplied immediately, on whether receipt of a firearm by a
prospective transferee would violate section 922 of title 18, United States
Code, or State law.
(c) EXPEDITED ACTION BY THE ATTORNEY GENERAL- The Attorney General shall
expedite--
(1) the upgrading and indexing of State criminal history records in the
Federal criminal records system maintained by the Federal Bureau of
Investigation;
(2) the development of hardware and software systems to link State
criminal history check systems into the national instant criminal background
check system established by the Attorney General pursuant to this section;
and
(3) the current revitalization initiatives by the Federal Bureau of
Investigation for technologically advanced fingerprint and criminal records
identification.
(d) NOTIFICATION OF LICENSEES- On establishment of the system under this
section, the Attorney General shall notify each licensee and the chief law
enforcement officer of each State of the existence and purpose of the system
and the means to be used to contact the system.
(e) ADMINISTRATIVE PROVISIONS-
(1) AUTHORITY TO OBTAIN OFFICIAL INFORMATION- Notwithstanding any other
law, the Attorney General may secure directly from any department or agency
of the United States such information on persons for whom receipt of a
firearm would violate subsection (g) or (n) of section 922 of title 18,
United States Code or State law, as is necessary to enable the system to
operate in accordance with this section. On request of the Attorney General,
the head of such department or agency shall furnish such information to the
system.
(2) OTHER AUTHORITY- The Attorney General shall develop such computer
software, design and obtain such telecommunications and computer hardware,
and employ such personnel, as are necessary to establish and operate the
system in accordance with this section.
(f) WRITTEN REASONS PROVIDED ON REQUEST- If the national instant criminal
background check system determines that an individual is ineligible to receive
a firearm and the individual requests the system to provide the reasons for
the determination, the system shall provide such reasons to the individual, in
writing, within 5 business days after the date of the request.