The Brady Bill
H.R.1025
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the
fifth day of January, one thousand nine hundred and
ninety-three
AN ACT
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 before
the transfer of any firearm.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.
(a) INTERIM PROVISION.--
(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.
(g) CORRECTION OF ERRONEOUS SYSTEM INFORMATION.--If the system
established under this section informs an individual contacting the
system that receipt of a firearm by a prospective transferee would
violate subsection (g) or (n) of section 922 of title 18, United
States Code or State law, the prospective transferee may request the
Attorney General to provide the prospective transferee with the
reasons therefor. Upon receipt of such a request, the Attorney
General shall immediately comply with the request. The prospective
transferee may submit to the Attorney General information to correct,
clarify, or supplement records of the system with respect to the
prospective transferee. After receipt of such information, the
Attorney General shall immediately consider the information,
investigate the matter further, and correct all erroneous Federal
records relating to the prospective transferee and give notice of
the error to any Federal department or agency or any State that was
the source of such erroneous records.
(h) REGULATIONS.--After 90 days' notice to the public and an
opportunity for hearing by interested parties, the Attorney General
shall prescribe regulations to ensure the privacy and security of
the information of the system established under this section.
(i) PROHIBITION RELATING TO ESTABLISHMENT OF REGISTRATION
SYSTEMS WITH RESPECT TO FIREARMS.--No department, agency, officer,
or employee of the United States may--
(1) require that any record or portion thereof generated by
the system established under this section be recorded at or
transferred to a facility owned, managed, or controlled by the
United States or any State or political subdivision thereof; or
(2) use the system established under this section to
establish any system for the registration of firearms, firearm
owners, or firearm transactions or dispositions, except with
respect to persons, prohibited by section 922 (g) or (n) of
title 18, United States Code or State law, from receiving a
firearm.
(j) DEFINITIONS.--As used in this section:
(1) LICENSEE.--The term "licensee" means a licensed
importer (as defined in section 921(a)(9) of title 18, United
States Code), a licensed manufacturer (as defined in section
921(a)(10) of that title), or a licensed dealer (as defined in
section 921(a)(11) of that title).
(2) OTHER TERMS.--The terms "firearm", "handgun", "licensed
importer", "licensed manufacturer", and "licensed dealer" have
the meanings stated in section 921(a) of title 18, United States
Code, as amended by subsection (a)(2).
(k) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to
be appropriated, which may be appropriated from the Violent Crime
Reduction Trust Fund established by section 1115 of title 31, United
States Code, such sums as are necessary to enable the Attorney
General to carry out this section.
SEC. 104. REMEDY FOR ERRONEOUS DENIAL OF FIREARM.
(a) IN GENERAL.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 925 the following new section:
"S 925A. Remedy for erroneous denial of firearm
"Any person denied a firearm pursuant to subsection (s) or (t)
of section 922--
"(1) due to the provision of erroneous information relating
to the person by any State or political subdivision thereof, or
by the national instant criminal background check system
established under section 103 of the Brady Handgun Violence
Prevention Act; or
"(2) who was not prohibited from receipt of a firearm
pursuant to subsection (g) or (n) of section 922,
may bring an action against the State or political subdivision
responsible for providing the erroneous information, or responsible
for denying the transfer, or against the United States, as the case
may be, for an order directing that the erroneous information be
corrected or that the transfer be approved, as the case may be. In
any action under this section, the court, in its discretion, may
allow the prevailing party a reasonable attorney's fee as part of
the costs.".
(b) TECHNICAL AMENDMENT.--The chapter analysis for chapter 44
of title 18, United States Code, is amended by inserting after the
item relating to section 925 the following new item:
"925A. Remedy for erroneous denial of firearm.".
SEC. 105. RULE OF CONSTRUCTION.
This Act and the amendments made by this Act shall not be
construed to alter or impair any right or remedy under section 552a
of title 5, United States Code.
SEC. 106. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS.
(a) USE OF FORMULA GRANTS.--Section 509(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3759(b)) is amended--
(1) in paragraph (2) by striking "and" after the semicolon;
(2) in paragraph (3) by striking the period and inserting ";
and"; and
(3) by adding at the end the following new paragraph:
"(4) the improvement of State record systems and the
sharing with the Attorney General of all of the records
described in paragraphs (1), (2), and (3) of this subsection and
the records required by the Attorney General under section 103
of the Brady Handgun Violence Prevention Act, for the purpose of
implementing that Act.".
(b) ADDITIONAL FUNDING.--
(1) GRANTS FOR THE IMPROVEMENT OF CRIMINAL RECORDS.--The
Attorney General, through the Bureau of Justice Statistics,
shall, subject to appropriations and with preference to States
that as of the date of enactment of this Act have the lowest
percent currency of case dispositions in computerized criminal
history files, make a grant to each State to be used--
(A) for the creation of a computerized criminal history
record system or improvement of an existing system;
(B) to improve accessibility to the national instant
criminal background system; and
(C) upon establishment of the national system, to
assist the State in the transmittal of criminal records to
the national system.
(2) AUTHORIZATION OF APPROPRIATIONS.--There are authorized
to be appropriated for grants under paragraph (1), which may be
appropriated from the Violent Crime Reduction Trust Fund
established by section 1115 of title 31, United States Code, a
total of $200,000,000 for fiscal year 1994 and all fiscal years
thereafter.
TITLE II--MULTIPLE FIREARM PURCHASES TO STATE AND LOCAL
POLICE
SEC. 201. REPORTING REQUIREMENT.
Section 923(g)(3) of title 18, United States Code, is amended--
(1) in the second sentence by inserting after "thereon,"
the following: "and to the department of State police or State
law enforcement agency of the State or local law enforcement
agency of the local jurisdiction in which the sale or other
disposition took place,";
(2) by inserting "(A)" after "(3)"; and
(3) by adding at the end thereof the following:
"(B) Except in the case of forms and contents thereof
regarding a purchaser who is prohibited by subsection (g) or (n)
of section 922 of this title from receipt of a firearm, the
department of State police or State law enforcement agency or
local law enforcement agency of the local jurisdiction shall not
disclose any such form or the contents thereof to any person or
entity, and shall destroy each such form and any record of the
contents thereof no more than 20 days from the date such form is
received. No later than the date that is 6 months after the
effective date of this subparagraph, and at the end of each 6-
month period thereafter, the department of State police or State
law enforcement agency or local law enforcement agency of the
local jurisdiction shall certify to the Attorney General of the
United States that no disclosure contrary to this subparagraph
has been made and that all forms and any record of the contents
thereof have been destroyed as provided in this subparagraph.".
TITLE III--FEDERAL FIREARMS LICENSE REFORM
SEC. 301. SHORT TITLE.
This title may be cited as the "Federal Firearms License Reform
Act of 1993".
SEC. 302. PREVENTION OF THEFT OF FIREARMS.
(a) COMMON CARRIERS.--Section 922(e) of title 18, United States
Code, is amended by adding at the end the following: "No common or
contract carrier shall require or cause any label, tag, or other
written notice to be placed on the outside of any package, luggage,
or other container that such package, luggage, or other container
contains a firearm.".
(b) RECEIPT REQUIREMENT.--Section 922(f) of title 18, United
States Code, is amended--
(1) by inserting "(1)" after "(f)"; and
(2) by adding at the end the following new paragraph:
"(2) It shall be unlawful for any common or contract carrier to
deliver in interstate or foreign commerce any firearm without
obtaining written acknowledgement of receipt from the recipient of
the package or other container in which there is a firearm.".
(c) UNLAWFUL ACTS.--Section 922 of title 18, United States Code,
as amended by section 102, is amended by adding at the end the
following new subsection:
"(u) It shall be unlawful for a person to steal or unlawfully
take or carry away from the person or the premises of a person who
is licensed to engage in the business of importing, manufacturing,
or dealing in firearms, any firearm in the licensee's business
inventory that has been shipped or transported in interstate or
foreign commerce.".
(d) PENALTIES.--Section 924 of title 18, United States Code, is
amended by adding at the end the following new subsection:
"(i)(1) A person who knowingly violates section 922(u) shall be
fined not more than $10,000, imprisoned not more than 10 years, or
both.
"(2) Nothing contained in this subsection shall be construed as
indicating an intent on the part of Congress to occupy the field in
which provisions of this subsection operate to the exclusion of
State laws on the same subject matter, nor shall any provision of
this subsection be construed as invalidating any provision of State
law unless such provision is inconsistent with any of the purposes
of this subsection.".
SEC. 303. LICENSE APPLICATION FEES FOR DEALERS IN FIREARMS.
Section 923(a)(3) of title 18, United States Code, is amended--
(1) in subparagraph (A), by adding "or" at the end;
(2) in subparagraph (B) by striking "a pawnbroker dealing
in firearms other than" and inserting "not a dealer in";
(3) in subparagraph (B) by striking "$25 per year; or" and
inserting "$200 for 3 years, except that the fee for renewal of
a valid license shall be $90 for 3 years."; and
(4) by striking subparagraph (C).
Speaker of the House of Representatives.
Vice President of the United States and President of the Senate.
Here's the 'reader's digest' version...
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PROVISIONS OF BRADY ACT (PL 103-159)
The following is a brief description of the main points and the
mechanism by which the Brady Act is to take effect. It should not be
construed as exhaustive, nor do all of the provisions noted necessarily
fall in the same sequence as the Act. It is divided into two main
sections dealing with the interim waiting period and the permanent
national instant check system. Also included is a brief outline of the
non-Brady provisions that were included.
5-BUSINESS DAY INTERIM WAITING PERIOD
I. As of February 28, 1994, and ending on November 30, 1998, it shall be
unlawful for any federally licensed importer, manufacturer or dealer
(hereafter known as the licensee)to sell, deliver, or transfer a handgun
to an unlicensed individual under Section 923 unless:
A. the licensee has received from the prospective purchaser valid
(picture) identification along with a statement of eligibility (assumed
but not stated to be Form 4473) a copy of which will then be furnished
to the chief law enforcement officer (CLEO) of the jurisdiction of the
residence of the purchaser.
** If five business days elapse (defined as days on which state offices
are open) and the licensee has not received notice from the CLEO that
the purchaser is disqualified, or if notice is given by the CLEO on or
before five days have elapsed that the purchaser is not disqualified,
the sale may proceed.
B. A sale may proceed immediately if:
- the purchaser presents the licensee a written statement issued by the
CLEO within the last 10 days that the purchaser requires access to a
handgun because of a threat to his or her life or the life of a family
member;
- the purchaser has presented a permit that has been issued within the
last five years as a result of the verification by an authorized
government official that the purchaser is eligible to possess or acquire
a handgun;
- the state has an affirmative law enforcement check system to verify
the eligibility of handgun purchasers (such as a state instant check
system);
- the transfer has been approved by the Secretary of the Treasury (would
apply only to those firearms which would fall under the purview of the
National Firearms Act); or,
- by reason of geographic circumstance (as defined by the bill and
certified by the Secretary of the Treasury upon application of the
licensee) providing return information to the CLEO would be
impracticable.
C. A CLEO shall make a reasonable effort, using whatever federal, state,
and local records are available within the 5-day time period, to do a
background check on the prospective purchaser to ascertain whether the
individual is disqualified by virtue of federal, state or local law.
- there is no liability for damages of the individual responsible for
conducting the background check either for allowing an unlawful sale to
proceed, or for stopping a lawful sale from proceeding. It was
emphasized at House mark-up on this legislation that this protection for
liability only applies to individuals and that this provision is not
intended to change the laws which currently allow an aggrieved purchaser
to bring an action for damages from an employer under other laws that
may exist.
** An individual has the right to request of the CLEO the reason for
denial and shall be provided with the information within 20-days. An
individual who is denied based on erroneous data has the right to
correct the information according to terms set forth in the Act.
D. The licensee must retain a copy of the statement of the purchaser as
well as evidence of having complied with the notification requirements.
- All information in regard to the transaction is to be kept
confidential, may not be conveyed to any other person or used for any
other purpose. If the purchaser is not a disqualified -- and hence
presumably illegal -- purchaser, the CLEO must destroy all information
related to the transfer within 20-days.
II. DEVELOPMENT OF NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
Not later than November 30, 1998, the Attorney General (AG) shall
establish a national instant criminal background check system which will
be available to determine whether a prospective firearms purchaser is
ineligible to purchase.
A. Not later than May 31, 1994, the AG will determine the type of
hardware, software and other related infrastructure that will be needed
to facilitate communication with the system.
B. The AG will also investigate the criminal records and systems and
determine a timetable by which each state will be able to provide to the
AG an on-line records access capability to the national system, and
notify the states of these determinations.
C. The AG will expedite current initiatives for the upgrading of
criminal history records and systems to provide access to such records.
III. NATIONAL INSTANT CHECK SYSTEM - PERMANENT PROVISION
BY NOVEMBER 30, 1998 OR BEGINNING THIRTY DAYS AFTER THE ATTORNEY GENERAL
NOTIFIES FEDERAL FIREARMS LICENSEES THAT A NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM (NICBCS) IS ESTABLISHED it shall be unlawful for
any licensed dealer, manufacturer, or importer to transfer a firearm to
any other person who is not licensed unless prior to the completion of
the transfer:
A. the prospective purchaser has presented to the licensee a valid
picture identification and the licensee has contacted NICBCS to verify
that the purchaser is not a disqualified person. If NICBCS verifies that
the purchaser is not a disqualified individual the sale may proceed.
- When a purchaser is approved, a unique identification number shall be
assigned to the transaction. The licensee shall record the number on
the Form 4473 as proof that NICBCS has been contacted.
- NICBCS shall record only the transaction number and the date on which
the query took place. No other information related to a query
concerning an individual who is not disqualified from receiving a
firearm may be retained.
** In the event that the licensee contacts NICBCS and the system is
unable to respond, the sale must be delayed for a time period not to
exceed three days.
B. A sale may also proceed immediately if:
- the purchaser has presented a permit, that has been issued within the
last five years as a result of the verification by an authorized
government official that the purchaser is eligible to possess or acquire
a handgun;
- the transfer has been approved by the Secretary of the Treasury (would
apply only to those firearms which would fall under the purview of the
National Firearms Act); or,
- by reason of geographic circumstance (as defined by the bill and
certified by the Secretary of the Treasury upon application of the
licensee) contacting NICBCS would be impracticable.
** An individual who is denied a firearm because of information provided
by NICBCS shall, upon request, be provided with the information related
to that denial within five days of the request.
C. If a licensee allows a transfer to take place without
contacting the system, and the information that was available would have
disqualified the purchaser from having a firearm, the Secretary may,
after notice and hearing, revoke or suspend a Federal Firearms License
for a period not to exceed six months and may impose a civil fine of not
more than $5,000.
D. Whoever knowingly violates this Act (such as by selling a firearm to
an individual who may lawfully possess it but without observing the
letter of the law) may be fined not more than $1,000, or imprisoned for
not more than one year, or both.
IV. REMEDY FOR ERRONEOUS DENIAL OF FIREARMS
Any person denied a firearm due to the provision of erroneous
information or who is denied a firearm but is not prohibited from
receipt of a firearm, may bring an action against the state or political
subdivision responsible for providing the erroneous information or for
the denial, directing that the information be corrected or the transfer
approved. In any action the court may award reasonable attorney's fees
as part of the costs.
V. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS
There are authorized to be appropriated $200 million for fiscal years
1994 and all years thereafter to expedite the improvement of state
criminal history records and access.
OTHER PROVISIONS
A. MULTIPLE FIREARMS PURCHASE REPORTING NOTIFICATION TO STATE AND LOCAL.
POLICE.
- Copies of all Multiple Firearms Purchase Reporting Forms -- those
forms which are provided to BATF field offices by dealers when more than
one handgun is sold to the same purchaser within a five day period --
will also be provided to an agency of the State or local police of the
state or local jurisdiction in which the sale or other disposition took
place.
** All forms, other than those related to an investigation of a
violation of the law shall be destroyed within twenty days from the date
such form is received. Not later than May 31, 1994, and every six month
period thereafter, the recipient agency shall certify that no unlawful
disclosure of the information has been made and that the forms have been
destroyed.
B. FEDERAL FIREARMS LICENSE REFORM
- Ensures the security of firearms moving in interstate commerce by
requiring that no labels be affixed identifying the contents as
firearms.
- Makes it illegal for a common carrier to deliver in interstate or
foreign commerce any firearm without receiving written acknowledgement
of receipt from the recipient of the package or other container in which
there is a firearm.
- Creates a new federal offense of stealing firearm from a licensee's
business inventory, with penalties up to $10,000 and up to 10 years
imprisonment or both.
- Increases license fees for dealers to $200 for a three year newly
issued license and to $90 for a three year renewal. Also eliminates the
distinction of pawnbrokers in federal firearms licensing.
jmp 12/02/93
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And finally, here's the 'bone' that got it passed...
=====
S.1785, INTRODUCED TO REFORM THE BRADY ACT
The first session of the 103rd Congress closed with the
introduction of S. 1785 by Senator Bob Dole, the result of an agreement
reached to allow final passage of the "Brady bill", now law. The
agreement guarantees a vote in both the House and Senate
-- after the Congress reconvenes on January 25 -- on restoring two key
provisions dropped from the Senate-passed bill in the House/Senate
Conference Committee. The two provisions which would be restored by S.
1785 are as follows;
(1) ESTABLISHES STANDARDS FOR DETERMINING WHEN THE NATIONAL INSTANT
CHECK SYSTEM IS OPERATIONAL AND THE WAITING PERIOD CAN SUNSET. The
Brady Act sunsets the waiting period and requires the instant check
system to be on line at the end of five years. The Senate-passed Dole-
Mitchell version of Brady required a four-year sunset, with a one year
optional delay at the discretion of the Attorney General. However,
provisions to expedite the national instant check infrastructure at the
federal level and the standards for determining when the system is
functionally operational were dropped prior to final passage.
* S. 1785 restores the four year plus one option for the sunset of
the waiting period.
* S. 1785 mandates that the national instant check system (computer
hardware and software, and accessibility) will be established within two
years. Any time thereafter the federal wait can sunset if it is
determined that both of the following two standards are met: Any group
of states that:
- have at least 80% of the population of the U.S. and have reported
during a 12-month period at least 80% of the number of crimes of
violence reported by all of the states during that period; and,
- have achieved and maintained at least 60% currency of felony case
dispositions in computerized criminal history files for all cases in
which there has been an event or activity within the last 5 years.
(2) CLOSES THE MENTAL HEALTH RECORDS LOOPHOLE. Although the 1968 Gun
Control Act made it illegal for those who have been committed to a
mental institution or adjudicated to be mentally defective to purchase
firearms, the Brady Act, as passed, provides no means of identifying and
stopping these individuals -- even when the national instant check is
operational.
* S. 1785 requires each state to establish a plan under which it
will provide to the Department of Justice a notice of the adjudication
of any person as a mental defective or the public commitment of any
person to a mental institution.
* S. 1785 requires, as a condition of receiving certain federal
funds, each state to provide a certified copy of the record to the
federal government upon request.
(3) TECHNICAL CORRECTIONS. Several minor technical changes are
necessary to this law, including one to establish that a carry permit,
issued under the same standards as those in the current law governing
permits to acquire or possess a firearm, also exempts the purchaser from
waiting period and the national instant check, and a section striking
redundant and inconsistent language regarding the Attorney General's
duty to respond to requests for reasons for denial.
jmp 12/01/93
Downloaded from GUN-TALK (703-719-6406) A service of the National Rifle
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======
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