#20 Report for H.R.993 Handgun Violence Prevention Act of 1989 As introduced in the House Complete Text of this version 101st CONGRESS 1st Session H. R. 993 To amend title 18, United States Code, to prohibit certain handguns which are unsuitable for lawful sporting purposes. ------------------------------ IN THE HOUSE OF REPRESENTATIVES February 9, 1989 Mr. Smith of Florida (for himself, Mr. Atkins, Mr. Bates, Mr. Berman, Mr. Bonior, Mrs. Boxer, Mrs. Collins, Mr. de Lugo, Mr. Dwyer of New Jersey, Mr. Edwards of California, Mr. Fascell, Mr. Fauntroy, Mr. Feighan, Mr. Foglietta, Mr. Green, Mr. Hochbrueckner, Mr. Hoyer, Mr. Johnston of Florida, Mr. Lehman of Florida, Mr. Lipinski, Mr. Markey, Mrs. Morella, Mr. Morrison of Connecticut, Mr. Mrazek, Mr. Owens of New York, Ms. Pelosi, Mr. Pepper, Mr. Rangel, Mr. Roe, Mr. Stark, Mr. Studds, Mr. Towns, Mr. Waxman, Mr. Weiss, Mr. Wheat, and Mr. Yates) introduced the following bill; which was referred to the Committee on the Judiciary ------------------------------ A BILL To amend title 18, United States Code, to prohibit certain handguns which are unsuitable for lawful sporting purposes. ============================== 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 "Handgun Violence Prevention Act of 1989". SEC. 2. PROHIBITION. Section 922 of title 18, United States Code, is amended by adding at the end the following: "(p)(1) It shall be unlawful for any person to manufacture, assemble, transfer, or possess any firearm, other than a shotgun or rifle, which the Secretary determines to be unsuitable for lawful sporting purposes, based on the standards established under section 925(d)(3) of this title. "(2) This subsection does not apply to the possession of any firearm that was lawfully possessed in the United States before the date of the enactment of this subsection.". ----------------------------------------------------------------------- Measure, Sponsor and Short Title: H.R.669 by BERMAN (D-CA) -- Transfer or Possession of Assault Weapons, Prohibition Official Title (caption): A bill to prohibit the transfer or possession of assault weapons. Introduced on Friday, January 27, 1989 Cosponsors: Currently 20 total (20 Democrats, 0 Republicans) Most recent addition was on Wednesday, February 22, 1989 Committee Referrals: HOUSE COMMITTEE ON THE JUDICIARY Committee Schedules Pending for this Measure: Currently, none Most Recent Action: 01/27/89 -- In The HOUSE Introduced by BERMAN (D-CA) Referred to HOUSE COMMITTEE ON THE JUDICIARY Existing Laws Cited in this Measure: Pub.L. 80-772 -- Crimes and Criminal Procedure, Title 18 U.S.C., Enactment; Trade Secrets Act (Act of 6/25/48) Pub.L. 90-351 SEC. 902 -- Omnibus Crime Control and Safe Street Act of 1968 Identical or Companion Measures: Currently, none H.R.467 by FEIGHAN (D-OH) -- Brady Handgun Violence Prevention Act Official Title (Caption): A bill to provide for a waiting period before the purchase of a handgun. Introduced on Wednesday, January 4, 1989 H.R.467 by FEIGHAN (D-OH) -- Brady Handgun Violence Prevention Act Multiple versions of H.R.467 found - which do you desire: 1: * As introduced in the House, January 4, 1989 2: * As introduced in the House (Revised printing), January 4, 1989 NOTE: '*' denotes version(s) of this measure that you have not yet seen. Report for H.R.467 Brady Handgun Violence Prevention Act As introduced in the House (Revised printing), January 4, 1989 Complete Text of this version H. R. 467 To provide for a waiting period before the purchase of a handgun. ------------------------------ IN THE HOUSE OF REPRESENTATIVES January 4, 1989 Mr. Feighan (for himself, Mr. Mazzoli, Mr. Crockett, Mr. Smith of Florida, Mr. Morrison of Connecticut, Mr. Conyers, Mrs. Schroeder, Mr. Berman, Mr. Schumer, Mr. Cardin, Mrs. Morella, Mr. Boehlert, Mr. Shays, Mr. Porter, Mr. Mrazek, Mr. Torricelli, Mr. Stark, Mr. Pease, Mr. Stokes, Mr. Gray, Mr. Beilenson, Ms. Oakar, Mr. Hoyer, Mr. Sabo, Mr. Vento, Mr. Gonzalez, Mr. Engel, and Mr. Stenholm) introduced the following bill; which was referred to the Committee on the Judiciary ------------------------------ A BILL To provide for a waiting period before the purchase of a handgun. ============================== 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". SEC. 2. WAITING PERIOD REQUIRED BEFORE PURCHASE OF HANDGUN. (a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end the following: "(p)(1) 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)(i)(I) before delivery of the handgun and within one day after the date the transferee proposes such transfer, such transferor has provided to the chief law enforcement officer of the place of residence of the transferee a copy of a sworn statement by the transferee as described in paragraph (3); and "(II) before delivery of the handgun, such transferor has received from such officer written notice that such officer has received such sworn statement; and "(ii)(I) 7 days have elapsed from the date the transferee proposed such a transfer to the transferor and 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 law or of a State or local law of the residence of the transferee; or "(II) at any time after the transferee proposes such transfer, the chief law enforcement officer notifies such transferor that receipt or possession of the handgun by the transferee would not violate Federal law or State or local law of the residence of the transferee; "(B) the transferee has presented to the transferor a written statement from the chief law enforcement officer of the place of residence of the transferee which states 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; or "(C)(i) the transferee has applied to the State in which the transfer is to occur for a permit allowing the transferee to possess a firearm; "(ii) the law of such State requires such application to contain, at a minimum, the information described in subparagraphs (A), (B), and (C) of paragraph (3); "(iii) the transferee has received such permit from the State in which the transfer is to occur; "(iv) not more than 365 days have elapsed from the date the transferee received such permit; and "(v) after the transferee applied for such permit and before the State granted such permit, the law enforcement authorities of the State verified that the transferee is qualified under law to receive a firearm. "(2) Nothing in this subsection shall be interpreted to require any action by a chief law enforcement officer which is not otherwise required. "(3) The sworn statement referred to in paragraph (1)(A)(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 Federal law does not prohibit the receipt of the handgun by the transferee; "(C) the date the sworn 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 is in violation of Federal law or of State or local law of the residence of the transferee shall immediately communicate all information such transferor has about the transfer and the transferee to-- "(A) the chief law enforcement officer of-- "the place of business of the transferor, in the case the transferor is a licensed importer, licensed manufacturer, or licensed dealer; 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 sworn statement of the transferee with respect to the handgun transaction for at least one year after the date the transaction is completed. "(B) Unless the chief law enforcement officer to whom a copy of such sworn statement is sent determines that a transaction would violate Federal, State, or local law, the officer shall, within 30 days after the date the transferee made such statement, destroy such copy and any record containing information derived from such statement. "(7) This subsection shall not apply to the transfer of a handgun in a State if the law of such State-- "(A) prohibits any licensed importer, licensed manufacturer, or licensed dealer from transferring a handgun to an individual who is not licensed under section 923, before at least 7 days have elapsed from the date the transferee proposes such transfer; or "(B) 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, a law enforcement officer of the State verify that the transferee is qualified under law to receive a handgun. "(8)(A) Notwithstanding any other provision of this title, any licensed importer, licensed manufacturer, or licensed dealer who violates this subsection shall be fined not more than $1,000, or imprisoned for not more than one year, or both. "(B) The penalties provided in this paragraph shall be the only penalties imposed on a licensed importer, licensed manufacturer, or licensed dealer, for a violation of this subsection. "(9) For purposes of this subsection, 'chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer, or the designee of any such individual. "(10) The Secretary shall take necessary actions to assure that the provisions of this subsection are published and disseminated to dealers and to the public.". (b) Handgun Defined.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph: "(25) The term 'handgun' means a firearm which has a short stock and is designed to be held and fired by the use of a single hand or any combination of parts from which a handgun can be assembled.". (c) Conforming Amendment.--Section 924(a)(1) of title 18, United States Code, is amended by inserting "section 922(p)," after "section," the first place it appears. (d) Effective Date.--The amendments made by this section shall take effect 90 days after the date of the enactment of this Act. ==============================================================================