                               H.R. 1025
 
103D CONGRESS
1st Session

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.

                      _______________________

                    IN THE HOUSE OF REPRESENTATIVES

                          February 22, 1993

Mr. Schumer (for himself, Mr. Sensenbrenner, Mr. Synar, Mr. Mazzoli,
Mr Gibbons, Mr. Glickman, Mr. bryant, Mr. Sawyer, Mr. Stark,
                   ...ect...
introduced the following bill; which was referred to the Committee
of the Judiciary

                           A BILL

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,

SECTION 1. SHORT TITLE

     This Act may be cited as the "brady Handgun Violence
Prevention Act".

SECTION 2. FEDERAL FIREARMS LICENSEE REQUIRED TO CONDUCT
CRIMINAL BACKGROUND CHECK BEFORE TRANSFER OF FIREARM TO
NONLICENSEEE.

     (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 the Attorney General certifies
under section 3(d)(1) of the Brady Handgun Violence Prevention
Act that the national instant criminal background 
check system is established (except as provided in paragraphs
(2) and (3) of such section), 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 (as defined by days in which
State offices are open) have elapsed from the date of transferor 
furnished notice 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 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 transferee would be in violation of law, except that this
subparagraph shall not apply to a State that, on the date of
certification pursuant to section 3(d) of the Brady Handgun
violence Prevention Act, is not in compliance with the 
timetable established pursuant to section 3(c) of such Act;

     "(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 the transferee has a criminal record or whether there
is any other legal impediment to the transferee's receiving a
handgun, 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 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 immediately
communicate all information 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
and any record containing information derived from the statement;
        
           "(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.

     "(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 lawful 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 the necessary actions to
ensure that the provision of this subsection are published
and disseminated to licensed dealers, law enforcement officers,
and the public.".


           (2) HANDGUN DEFINED. - Section 921(a) of 
such title 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 adding at the end the 
following:

         "(t) (1) Beginning on the date that the Attorney 
General certifies under section 3(d)(1) of the Brady 
Handgun Violence Prevention Act that the national instant 
criminal background check system is established (except as
provided in paragraphs (2) and (3) of such section), a
licensed importer, licensed manufacturer, or licensed dealer
shall not transfer a firearm to any other person who is
not such a licensee, unless-

            "(A) before the completion of the transfer, the
licensee contacts the national instant criminal background
check system established under section 3 of such Act;

            "(B) the system notifies the licensee that the
system has not located any record that demonstrates that the
receipt of a firearm by such other person would violate
subsection (g) on (n) of this section or any State or local
law; 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) 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 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 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 (u)(8)); and

             "(iii) there is an absence of telecommunications
facilities in the geographical area in which the business premises
are located.

       "(3) 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), 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.

       "(4) In addition to the authority provided under section 
923(e), 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
operation 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,
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.

       "(5) 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 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.".

      "(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 of 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.".

SECTION 3. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

     (a) ESTABLISHMENT OF SYSTEM.  The Attorney General of the
United States shall establish a national instant criminal background
check system that any licensee may contact for information on whether
receipt of a firearm by a prospective transferee thereof would violate
subsection (g) or (n) of section 922 of title 18, United States Code,
or any State or local law.

     (b) 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 systems 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 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.

     (c) PROVISION OF STATE CRIMINAL RECORDS TO THE NATIONAL 
INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.- 

     (1) Not later than 6 months after the date of enactment
of this Act, the Attorney General shall-

        (A) 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 will communicate with the national system;

        (B) 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;

        (C) notify each State of the determinations made pursuant
to subparagraphs (A) and (B).

    (2) The Attorney General shall require as a part of the State
timetable that the State achieve, by the end of 5 years after the 
date of enactment of this Act, at least 80 percent currency of case
dispositions in computerized criminal history files for all cases 
in which there has been an event of activity within the last 5 years and
continue to maintain such a system.

    (d) NATIONAL SYSTEM CERTIFICATION. -

     (1) On the date that is 30 months after the date of enactment of
this Act, and at any time thereafter, the Attorney general shall
determine whether-

        (A) the national system has achieved at least 80 percent
currency of case dispositions in computerized criminal history
files for all cases in which there has been an event of activity
within the last 5 years on a national average basis; and

        (B) the States are in compliance with the timetable 
established pursuant to subsection (c), and, if so, shall certify
that the national system is established.

     (2) If, on the date of certification in paragraph (1)
of this subsection, a State is not in compliance with the 
timetable established pursuant to subsection (c) of this section,
section 922(s) of title 18, United States Code, shall remain in effect 
in such State and section 922(t) of such title shall not apply to the 
State.  The Attorney General shall certify if a State subject to the
provisions of section 922(s) under the preceding sentence achieves
compliance with its timetable after the date of certification in
paragraph (1) of this subsection, and section 922(s) of title 18,
United States Code, shall not apply to such State and section 922(t)
of such title shall apply to the State.

    (3) Six years after the date of enactment of this Act,
the Attorney General shall certify whether or not a State
is in compliance with subsection (c)(2) of this section and if 
the State is not in compliance, section 922(s) of title 18,
United States Code, shall apply to the State and section 922(t) of such 
title shall not apply to the State.  The Attorney General shall 
certify if a State subject to the provisions of section 922(s) under
the preceding sentence achieves compliance with the standards in
subsection (c)(2) of this section, and section (22(s) of title
18, United States Code, shall not apply to the State and section
922(t) of such title shall apply to the State.


     (e) 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.

     (f) 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 any State
or local 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.

     (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 any State or local 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
that 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) PROHIBITIONS RELATION 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 maintained 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 owner, or firearm
transactions or dispositions, except with respect to persons
prohibited by section 922 (g) or (n) of title 18, United States Code,
from receiving a firearm.

     (j) DEFINITIONS.  

As used in this section:

        (1) Licensee. - The term "licensee" means a licensed importer, 
licensed manufacturer,or licensed dealer under section 923 of title
18, United States Code.

        (2) Other Terms. -The terms "firearm", "licensed importer", 
"licensed manufacturer", and "licensed dealer" have the meanings 
stated in section 921(a) (3), (9), (10), and (11), respectively,
of title 18, United States Code.

SECTION 4. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS.

     (a) IMPROVEMENTS IN STATE RECORDS.-

        (1) 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-

           (A) in paragraph (2) by striking "and" after the 
semicolon;
       
           (B) in paragraph (3) by striking the period and 
inserting "; and" ; and

           (C) 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 3 of the Brady
Handgun Violence Prevention Act, for the purposes of 
implementing such Act.".

      (2) ADDITIONAL FUNDING. -

          (A) 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 -
    
            (i) for the creation of a computerized criminal
history record system or improvement of an existing system;

            (ii) to improve accessibility to the national instant
criminal background system; and

            (iii) upon establishment of the national system, to assist
the State in the transmittal of criminal records to the national system.

         (B) AUTHORIZATION OF APPROPRIATIONS.-

There are authorized to be appropriated for grants under subparagraph
(A) a total of $100,000,000 for fiscal year 1992 and all fiscal 
years thereafter.

         (b) WITHHOLDING STATE FUNDS. -

Effective on the date of enactment of this Act the Attorney General may
reduce by up to 50 percent the allocation to a State for a fiscal
year under title I of the Omnibus Crime Control and Safe Streets Act
of 1968 of a State that is not in compliance with the timetable 
established for such State under section 3(c) of this Act.

         (c) WITHHOLDING OF DEPARTMENT OF JUSTICE FUNDS. -

If the Attorney General does not certify the national instant
criminal background check system pursuant to section 3(d)(1) by-

            (1) 30 months after the date of enactment of this 
Act the general administrative funds appropriated to the Department
of Justice for the fiscal year beginning in the calendar year in which
the date that is 30 months after the date of enactment of this Act 
falls shall be reduced by 5 percent on a monthly basis; and

            (2) 42 months after the date of enactment of this Act
the general administrative funds appropriated to the Department
of Justice for the fiscal year beginning in the calendar year in
which the date is 42 months after the date of enactment of this 
Act falls shall be reduced by 10 percent on a monthly basis. 
