2000
[DOCID: f:s25is.txt]
107th CONGRESS
1st Session
S. 25
To provide for the implementation of a system of licensing for
purchasers of certain firearms and for a record of sale system for
those firearms, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22, 2001
Mrs. Feinstein (for herself, Mr. Schumer, and Mrs. Boxer) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
A BILL
To provide for the implementation of a system of licensing for
purchasers of certain firearms and for a record of sale system for
those firearms, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Firearm Licensing
and Record of Sale Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I--LICENSING
Sec. 101. Licensing requirement.
Sec. 102. Application requirements.
Sec. 103. Issuance of license.
Sec. 104. Renewal of license.
Sec. 105. Revocation of license.
TITLE II--RECORD OF SALE OR TRANSFER
Sec. 201. Sale and transfer requirements for qualifying firearms.
Sec. 202. Firearm records.
TITLE III--ADDITIONAL PROHIBITIONS
Sec. 301. Universal background check requirement.
Sec. 302. Failure to maintain or permit inspection of records.
Sec. 303. Failure to report loss or theft of firearm.
Sec. 304. Failure to provide notice of change of address.
Sec. 305. Child access prevention.
TITLE IV--ENFORCEMENT
Sec. 401. Criminal penalties.
Sec. 402. Regulations.
Sec. 403. Inspections.
Sec. 404. Orders.
Sec. 405. Injunctive enforcement.
TITLE V--FIREARM INJURY INFORMATION AND RESEARCH
Sec. 501. Duties of the Secretary.
TITLE VI--EFFECT ON STATE LAW
Sec. 601. Effect on State law.
Sec. 602. Certification of State firearm licensing and record of sale
systems.
TITLE VII--RELATIONSHIP TO OTHER LAW
Sec. 701. Subordination to Arms Export Control Act.
TITLE VIII--INAPPLICABILITY
Sec. 801. Inapplicability to governmental authorities.
TITLE IX--EFFECTIVE DATE
Sec. 901. Effective date of amendments.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the manufacture, distribution, and importation of
firearms is inherently commercial in nature;
(2) firearms regularly move in interstate commerce;
(3) firearms trafficking is so prevalent and widespread in
and among the States that it is usually impossible to
distinguish between intrastate trafficking and interstate
trafficking;
(4) to the extent that firearms trafficking is intrastate
in nature, it arises out of and is substantially connected with
a commercial transaction, which, when viewed in the aggregate,
substantially affects interstate commerce;
(5) because the intrastate and interstate trafficking of
firearms are so commingled, full regulation of interstate
commerce requires the incidental regulation of intrastate
commerce; and
(6) it is in the national interest and within the role of
the Federal Government to ensure that the regulation of
firearms is uniform among the States, that law enforcement can
quickly and effectively trace firearms used in crime, and that
firearms owners know how to use and safely store their
firearms.
(b) Purposes.--The purposes of this Act and the amendments made by
this Act are--
(1) to protect the public against the unreasonable risk of
injury and death associated with the unrecorded sale or
transfer of qualifying firearms to criminals and youth;
(2) to ensure that owners of qualifying firearms are
knowledgeable in the safe use, handling, and storage of those
firearms;
(3) to restrict the availability of qualifying firearms to
criminals, youth, and other persons prohibited by Federal law
from receiving firearms; and
(4) to facilitate the tracing of qualifying firearms used
in crime by Federal and State law enforcement agencies.
SEC. 3. DEFINITIONS.
(a) In General.--In this Act:
(1) Firearm; licensed dealer; licensed manufacturer.--The
terms ``firearm'', ``licensed dealer'', and ``licensed
manufacturer'' have the meanings given those terms in section
921(a) of title 18, United States Code.
(2) Qualifying firearm.--The term ``qualifying firearm''
has the meaning given the term in section 921(a) of title 18,
United States Code, as amended by subsection (b) of this
section.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(4) State.--The term ``State'' means each of the several
States of the United States and the District of Columbia.
(b) Amendment to Title 18, United States Code.--Section 921(a) of
title 18, United States Code, is amended by adding at the end the
following:
``(35) The term `qualifying firearm'--
``(A) means--
``(i) any handgun; or
``(ii) any semiautomatic firearm that can
accept any detachable ammunition feeding
device; and
``(B) does not include any antique.''.
TITLE I--LICENSING
SEC. 101. LICENSING REQUIREMENT.
Section 922 of title 18, United States Code, is amended by
inserting after subsection (y) the following:
``(z) Firearm Licensing Requirement.--
``(1) In general.--It shall be unlawful for any person
other than a licensed importer, licensed manufacturer, licensed
dealer, or licensed collector to possess a qualifying firearm
on or after the applicable date, unless that person has been
issued a firearm license--
``(A) under title I of the Firearm Licensing and
Record of Sale Act of 2001, which license has not been
invalidated or revoked under that title; or
``(B) pursuant to a State firearm licensing and
record of sale system certified under section 602 of
the Firearm Licensing and Record of Sale Act of 2001,
which license has not been invalidated or revoked under
State law.
``(2) Applicable date.--In this subsection, the term
`applicable date' means--
``(A) with respect to a qualifying firearm that is
acquired by the person before the date of enactment of
the Firearm Licensing and Record of Sale Act of 2001,
10 years after such date of enactment; and
``(B) with respect to a qualifying firearm that is
acquired by the person on or after the date of
enactment of the Firearm Licensing and Record of Sale
Act of 2001, 1 year after such date of enactment.''.
SEC. 102. APPLICATION REQUIREMENTS.
(a) In General.--In order to be issued a firearm license under this
title, an individual shall submit to the Secretary (in accordance with
the regulations promulgated under subsection (b)) an applicati
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on, which
shall include--
(1) a current, passport-sized photograph of the applicant
that provides a clear, accurate likeness of the applicant;
(2) the name, address, and date and place of birth of the
applicant;
(3) any other name that the applicant has ever used or by
which the applicant has ever been known;
(4) a clear thumb print of the applicant, which shall be
made when, and in the presence of the entity to whom, the
application is submitted;
(5) with respect to each category of person prohibited by
Federal law, or by the law of the State of residence of the
applicant, from obtaining a firearm, a statement that the
individual is not a person prohibited from obtaining a firearm;
(6) a certification by the applicant that the applicant
will keep any firearm owned by the applicant safely stored and
out of the possession of persons who have not attained 18 years
of age;
(7) a certificate attesting to the completion at the time
of application of a written firearms examination, which shall
test the knowledge and ability of the applicant regarding--
(A) the safe storage of firearms, particularly in
the vicinity of persons who have not attained 18 years
of age;
(B) the safe handling of firearms;
(C) the use of firearms in the home and the risks
associated with such use;
(D) the legal responsibilities of firearms owners,
including Federal, State, and local laws relating to
requirements for the possession and storage of
firearms, and relating to reporting requirements with
respect to firearms; and
(E) any other subjects, as the Secretary determines
to be appropriate;
(8) the date on which the application was submitted; and
(9) the signature of the applicant.
(b) Regulations Governing Submission.--The Secretary shall
promulgate regulations specifying procedures for the submission of
applications to the Secretary under this section, which regulations
shall--
(1) provide for submission of the application through a
licensed dealer or an office or agency of the Federal
Government designated by the Secretary;
(2) require the applicant to provide a valid identification
document (as defined in section 1028(d)(2) of title 18, United
States Code) of the applicant, containing a photograph of the
applicant, to the licensed dealer or to the office or agency of
the Federal Government, as applicable, at the time of
submission of the application to that dealer, office, or
agency; and
(3) require that a completed application be forwarded to
the Secretary not later than 48 hours after the application is
submitted to the licensed dealer or office or agency of the
Federal Government, as applicable.
(c) Fees.--
(1) In general.--The Secretary shall charge and collect
from each applicant for a license under this title a fee in an
amount determined in accordance with paragraph (2).
(2) Fee amount.--The amount of the fee collected under this
subsection shall be not less than the amount determined by the
Secretary to be necessary to ensure that the total amount of
all fees collected under this subsection during a fiscal year
is sufficient to cover the costs of carrying out this title
during that fiscal year, except that such amount shall not
exceed $25.
SEC. 103. ISSUANCE OF LICENSE.
(a) In General.--The Secretary shall issue a firearm license to an
applicant who has submitted an application that meets the requirements
of section 102, if the Secretary ascertains that the individual is not
prohibited by subsection (g) or (n) of section 922 of title 18, United
States Code, from receiving a firearm.
(b) Effect of Issuance to Prohibited Person.--A firearm license
issued under this section shall be null and void if issued to a person
who is prohibited by subsection (g) or (n) of section 922 of title 18,
United States Code, from receiving a firearm.
(c) Form of License.--A firearm license issued under this section
shall be in the form of a tamper-resistant card, and shall include--
(1) the photograph of the licensed individual submitted
with the application;
(2) the address of the licensed individual;
(3) the date of birth of the licensed individual;
(4) a license number, unique to each licensed individual;
(5) the expiration date of the license, which shall be the
date that is 5 years after the initial anniversary of the date
of birth of the licensed individual following the date on which
the license is issued (or in the case of a license renewal,
following the date on which the license is renewed under
section 104);
(6) the signature of the licensed individual provided on
the application, or a facsimile of the application; and
(7) centered at the top of the license, capitalized, and in
bold-face type, the following statement:
``FIREARM LICENSE--NOT VALID FOR ANY OTHER PURPOSE''.
SEC. 104. RENEWAL OF LICENSE.
(a) Application for Renewal.--
(1) In general.--In order to renew a firearm license issued
under this title, not later than 30 days before the expiration
date of the license, the licensed individual shall submit to
the Secretary (in accordance with the regulations promulgated
under paragraph (3)), in a form approved by the Secretary, an
application for renewal of the license.
(2) Contents.--An application submitted under paragraph (1)
shall include--
(A) a current, passport-sized photograph of the
applicant that provides a clear, accurate likeness of
the applicant;
(B) current proof of identity of the licensed
individual; and
(C) the address of the licensed individual.
(3) Regulations governing submission.--The Secretary shall
promulgate regulations specifying procedures for the submission
of applications under this subsection.
(b) Issuance of Renewed License.--Upon approval of an application
submitted under subsection (a), the Secretary shall issue a renewed
license, which shall meet the requirements of section 103(c), except
that the license shall include the current photograph and address of
the licensed individual, as provided in the application submitted under
this section, and the expiration date of the renewed license, as
provided in section 103(c)(5).
SEC. 105. REVOCATION OF LICENSE.
(a) In General.--If an individual to whom a license has been issued
under this title subsequently becomes a person who is prohibited by
subsection (g) or (n) of section 922 of title 18, United States Code,
from receiving a firearm--
(1) the license is revoked; and
(2) the individual shall promptly return the license to the
Secretary.
(b) Administrative Action.--Upon receipt by the Secretary of notice
that an individual to whom a license has been issued under this title
has become a person described in subsection (a), the Secretary shall
ensure that the individual promptly returns the license to the
Secretary.
TITLE II--RECORD OF SALE OR TRANSFER
SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALIFYING FIREARMS.
Section 922 of title 18, United States Code, is amended by
inserting after subsection (z) (as added by section 101 of this Act)
the following:
``(aa) Unauthorized Sale or Transfer of a Quali
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fying Firearm.--It
shall be unlawful for any person to sell, deliver, or otherwise
transfer a qualifying firearm to, or for, any person who is not a
licensed importer, licensed manufacturer, licensed dealer, or licensed
collector, or to receive a qualifying firearm from a person who is not
a licensed importer, licensed manufacturer, licensed dealer, or
licensed collector, unless, at the time and place of the transfer or
receipt--
``(1) the transferee presents to a licensed dealer a valid
firearm license issued to the transferee--
``(A) under title I of the Firearm Licensing and
Record of Sale Act of 2001; or
``(B) pursuant to a State firearm licensing and
record of sale system certified under section 602 of
the Firearm Licensing and Record of Sale Act of 2001
established by the State in which the transfer or
receipt occurs;
``(2) the licensed dealer contacts the Secretary or the
head of the State agency that administers the certified system
described in paragraph (1)(B), as applicable, and receives
notice that the transferee has been issued a firearm license
described in paragraph (1) and that the license remains valid;
and
``(3) the licensed dealer records on a document (which, in
the case of a sale, shall be the sales receipt) a tracking
authorization number provided by the Secretary or the head of
the State agency, as applicable, as evidence that the licensed
dealer has verified the validity of the license.''.
SEC. 202. FIREARM RECORDS.
(a) Submission of Sale or Transfer Reports.--Not later than 14 days
after the date on which the transfer of qualifying firearm is processed
by a licensed dealer under section 922(aa) of title 18, United States
Code (as added by section 201 of this title), the licensed dealer shall
submit to the Secretary (or, in the case of a licensed dealer located
in a State that has a State firearm licensing and record of sale system
certified under section 602, to the head of the State agency that
administers that system) a report of that transfer, which shall include
information relating to--
(1) the manufacturer of the firearm;
(2) the model name or number of the firearm;
(3) the serial number of the firearm;
(4) the date on which the firearm was received by the
transferee;
(5) the number of a valid firearm license issued to the
transferee under title I; and
(6) the name and address of the individual who transferred
the firearm to the transferee.
(b) Federal Record of Sale System.--Not later than 9 months after
the date of enactment of this Act, the Secretary shall establish and
maintain a Federal record of sale system, which shall include the
information included in each report submitted to the Secretary under
subsection (a).
(c) Elimination of Prohibition on Establishment of System of
Registration.--Section 926(a) of title 18, United States Code, is
amended by striking the second sentence.
TITLE III--ADDITIONAL PROHIBITIONS
SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIREMENT.
Section 922 of title 18, United States Code, is amended by
inserting after subsection (aa) (as added by section 201 of this Act)
the following:
``(bb) Universal Background Check Requirement.--
``(1) Requirement.--Except as provided in paragraph (2), it
shall be unlawful for any person other than a licensed
importer, licensed manufacturer, licensed dealer, or licensed
collector to sell, deliver, or otherwise transfer a firearm to
any person other than such a licensee, unless the transfer is
processed through a licensed dealer in accordance with
subsection (t).
``(2) Exception.--Paragraph (1) shall not apply to the
infrequent transfer of a firearm by gift, bequest, intestate
succession or other means by an individual to a parent, child,
grandparent, or grandchild of the individual, or to any loan of
a firearm for any lawful purpose for not more than 30 days
between persons who are personally known to each other.''.
SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION OF RECORDS.
Section 922 of title 18, United States Code, is amended by
inserting after subsection (bb) (as added by section 301 of this title)
the following:
``(cc) Failure To Maintain or Permit Inspection of Records.--It
shall be unlawful for a licensed manufacturer or a licensed dealer to
fail to comply with section 202 of the Handgun Licensing and Record of
Sale Act of 2001, or to maintain such records or supply such
information as the Secretary may require in order to ascertain
compliance with such Act and the regulations and orders issued under
such Act.''.
SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIREARM.
Section 922 of title 18, United States Code, is amended by
inserting after subsection (cc) (as added by section 302 of this title)
the following:
``(dd) Failure To Report Loss or Theft of Firearm.--It shall be
unlawful for any person who owns a qualifying firearm to fail to report
the loss or theft of the firearm to the Secretary within 72 hours after
the loss or theft is discovered.''.
SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF ADDRESS.
Section 922 of title 18, United States Code, is amended by
inserting after subsection (dd) (as added by section 303 of this title)
the following:
``(ee) Failure To Provide Notice of Change of Address.--It shall be
unlawful for any individual to whom a firearm license has been issued
under title I of the Firearm Licensing and Record of Sale Act of 2001
to fail to report to the Secretary a change in the address of that
individual within 60 days of that change of address.''.
SEC. 305. CHILD ACCESS PREVENTION.
Section 922 of title 18, United States Code, is amended by
inserting after subsection (ee) (as added by section 304 of this title)
the following:
``(ff) Child Access Prevention.--
``(1) Definition of child.--In this subsection, the term
`child' means an individual who has not attained the age of 18
years.
``(2) Prohibition and penalties.--Except as provided in
paragraph (3), it shall be unlawful for any person to keep a
loaded firearm, or an unloaded firearm and ammunition for the
firearm, any 1 of which has been shipped or transported in
interstate or foreign commerce, within any premises that is
under the custody or control of that person, if--
``(A) that person--
``(i) knows, or recklessly disregards the
risk, that a child is capable of gaining access
to the firearm; and
``(ii) either--
``(I) knows, or recklessly
disregards the risk, that a child will
use the firearm to cause the death of,
or serious bodily injury (as defined in
section 1365 of this title) to, the
child or any other person; or
``(II) knows, or reasonably should
know, that possession of the firearm by
a child is unlawful under Federal or
State law; and
``(B) a child uses the firearm and the use of that
firearm causes the death of, or serious bodily injury
to, the child or any other person.
``(3) Exceptions.--Paragraph (2) does not apply if--
``(A) at the time the child obtained access, the
firearm was secured with a secure gun storag
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e or safety
device;
``(B) the person is a peace officer, a member of
the Armed Forces, or a member of the National Guard,
and the child obtains the firearm during, or incidental
to, the performance of the official duties of the
person in that capacity;
``(C) the child uses the firearm in a lawful act of
self-defense or defense of 1 or more other persons; or
``(D) the person has no reasonable expectation,
based on objective facts and circumstances, that a
child is likely to be present on the premises on which
the firearm is kept.''.
TITLE IV--ENFORCEMENT
SEC. 401. CRIMINAL PENALTIES.
(a) Failure To Possess Firearm License; Failure To Comply With
Qualifying Firearm Sale or Transfer Requirements; Failure To Maintain
or Permit Inspection of Records.--Section 924(a) of title 18, United
States Code, is amended by adding at the end the following:
``(7) Whoever knowingly violates subsection (z), (aa), or (cc) of
section 922 shall be fined under this title, imprisoned not more than 2
years, or both.''.
(b) Failure To Comply With Universal Background Checks; Failure To
Timely Report Loss or Theft of a Qualifying Firearm; Failure To Provide
Notice of Change of Address.--Section 924(a)(5) of title 18, United
States Code, is amended by striking ``(s) or (t)'' and inserting ``(s),
(t), (bb), (dd), or (ee)''.
(c) Child Access Prevention.--Section 924(a) of title 18, United
States Code, is amended by adding at the end the following:
``(8) Whoever violates section 105(a)(2) of the Handgun Licensing
and Record of Sale Act of 2001, knowingly or having reason to believe
that the person is prohibited by subsection (g) or (n) of section 922
of title 18, United States Code, from receiving a firearm, shall be
fined under this title, imprisoned not more than 2 years, or both.
``(9) Whoever violates section 922(ff) shall be fined under this
title, imprisoned not more than 3 years, or both.''.
SEC. 402. REGULATIONS.
(a) In General.--The Secretary shall issue regulations governing
the licensing of possessors of qualifying firearms and the recorded
sale of qualifying firearms, consistent with this Act and the
amendments made by this Act, as the Secretary determines to be
reasonably necessary to reduce or prevent deaths or injuries resulting
from qualifying firearms, and to assist law enforcement in the
apprehension of owners or users of qualifying firearms used in criminal
activity.
(b) Maximum Interval Between Issuance of Proposed and Final
Regulation.--Not later than 120 days after the date on which the
Secretary issues a proposed regulation under subsection (a) with
respect to a matter, the Secretary shall issue a final regulation with
respect to the matter.
SEC. 403. INSPECTIONS.
In order to ascertain compliance with this Act, the amendments made
by this Act, and the regulations and orders issued under this Act, the
Secretary may, during regular business hours, enter any place in which
firearms or firearm products are manufactured, stored, or held, for
distribution in commerce, and inspect those areas where the products
are so manufactured, stored, or held.
SEC. 404. ORDERS.
The Secretary may issue an order prohibiting the sale or transfer
of any firearm that the Secretary finds has been transferred or
distributed in violation of this Act, an amendment made by this Act, or
a regulation issued under this Act.
SEC. 405. INJUNCTIVE ENFORCEMENT.
Upon the request of the Secretary, the Attorney General may bring
an action to restrain any violation of this Act or an amendment made by
this Act in the district court of the United States for any district in
which the violation has occurred, or in which the defendant is found or
transacts business.
TITLE V--FIREARM INJURY INFORMATION AND RESEARCH
SEC. 501. DUTIES OF THE SECRETARY.
(a) In General.--The Secretary shall--
(1) establish and maintain a firearm injury information
clearinghouse to collect, investigate, analyze, and disseminate
data and information relating to the causes and prevention of
death and injury associated with firearms;
(2) conduct continuing studies and investigations of
firearm-related deaths and injuries; and
(3) collect and maintain current production and sales
figures for each licensed manufacturer.
(b) Availability of Information.--Periodically, but not less
frequently than annually, the Secretary shall make available to the
public a report on the activities of the Secretary under subsection
(a).
TITLE VI--EFFECT ON STATE LAW
SEC. 601. EFFECT ON STATE LAW.
(a) In General.--This Act and the amendments made by this Act may
not be construed to preempt any provision of the law of any State or
political subdivision of that State, or prevent a State or political
subdivision of that State from enacting any provision of law regulating
or prohibiting conduct with respect to firearms, except to the extent
that the provision of law is inconsistent with any provision of this
Act or an amendment made by this Act, and then only to the extent of
the inconsistency.
(b) Rule of Interpretation.--A provision of State law is not
inconsistent with this Act or an amendment made by this Act if the
provision imposes a regulation or prohibition of greater scope or a
penalty of greater severity than a corresponding prohibition or penalty
imposed by this Act or an amendment made by this Act.
SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING SYSTEMS AND STATE
FIREARM RECORD OF SALE SYSTEMS.
Upon a written request of the chief executive officer of a State,
the Secretary may certify--
(1) a firearm licensing system established by a State, if
State law requires the system to satisfy the requirements
applicable to the Federal firearm licensing system established
under title I; or
(2) a firearm record of sale system established by a State,
if State law requires the head of the State agency that
administers the system to submit to the Federal firearm record
of sale system established under section 202(b) a copy of each
report submitted to the head of the agency under section
202(a), within 7 days after receipt of the report.
TITLE VII--RELATIONSHIP TO OTHER LAW
SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.
In the event of any conflict between any provision of this Act or
an amendment made by this Act, and any provision of the Arms Export
Control Act (22 U.S.C. 2751), the provision of the Arms Export Control
Act shall control.
TITLE VIII--INAPPLICABILITY
SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.
This Act and the amendments made by this Act do not apply to any
department or agency of the United States, of a State, or of a
political subdivision of a State, or to any official conduct of any
officer or employee of such a department or agency.
TITLE IX--EFFECTIVE DATE
SEC. 901. EFFECTIVE DATE OF AMENDMENTS.
The amendments made by this Act shall take effect 1 year after the
date of enactment of this Act.
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