Sunday, November 20, 2022

HR 787

The Patriotic American


H.R. 787
Public Health and Safety Act
of 1997

(webmaster's note: don't you believe it!)


FILE h787.ih
          HR 787 IH
          105th CONGRESS
          1st Session
          To prohibit the manufacture, importation, exportation, sale,
          purchase, transfer, receipt, possession, or transportation of
          handguns and handgun ammunition, with certain exceptions.
                             IN THE HOUSE OF REPRESENTATIVES
                                    February 13, 1997
          Mr. OWENS introduced the following bill; which was referred to the
              Committee on the Judiciary
                                         A BILL
          To prohibit the manufacture, importation, exportation, sale,
          purchase, transfer, receipt, possession, or transportation of
          handguns and handgun ammunition, with certain exceptions.
           [Italic->]   Be it enacted by the Senate and House of
          Representatives of the United States of America in Congress
          assembled, [<-Italic]
          SECTION 1. SHORT TITLE.
            This Act may be cited as the `Public Health and Safety Act of
          1997'.
          SEC. 2. FINDINGS AND DECLARATIONS.
            The Congress finds and declares that--
                (1) the number of privately held handguns has more than
              doubled--from 33,000,000 in 1973 to more than 75,000,000 in
              1995--in the past two decades alone, and the number of handguns
              in circulation continues to increase by 2,500,000 handguns each
              year;
                (2) handguns play a major role, disproportionate to their
              number in comparison with rifles and shotguns, in violent 
              crime, intentional and accidental death, and intentional and
              accidental injury;
                (3) while the number of homicides committed with long guns 
              has remained relatively stable, the number of handgun homicides
              has set new records every year since 1987, matching pace with
              the skyrocketing national homicide rate;
                (4) the number of handgun-related incidents in elementary and
              secondary schools has increased sharply, with significant
              numbers of schoolchildren in rural and urban areas reporting
              easy access to and frequent carrying to school of handguns; and
              the presence of handguns in school not only provokes worry 
              among parents and children but also causes much needed school
              funds to be diverted for purchase of security equipment;
                (5) handgun violence places considerable strain on the
              national health care system and the economy, at a cost of
              $20,400,000,000 annually as a result of direct medical
              expenditures, lost productivity from injury-related illness and
              disability, and lost productivity from premature death;
                (6) handguns kept in the home are of less value than is
              commonly thought in defending against intruders, and they are
              far more likely to increase significantly the danger of a
              handgun fatality or injury to the inhabitants (including
              children) than to enhance their personal safety;
                (7) violent crime and injury committed with handguns
              constitute a burden upon and interfere with interstate and
              foreign commerce, and threaten the domestic tranquility of the
              Nation; and
                (8) current Federal firearms policy is wholly inadequate to
              counteract the social, economic, and financial costs exacted by
              handguns to our society.
          SEC. 3. AMENDMENT OF TITLE 18, UNITED STATES CODE.
            Chapter 44 of title 18, United States Code, is amended--
                (1) by--
                    (A) redesignating the text of the chapter as subchapter A;                    (B) inserting after the chapter heading the following:
           [Bold->] `Subchapter [<-Bold] 
          `A. Firearms In General
          --921
          `B. Handguns
          --941
                          `SUBCHAPTER A--FIREARMS IN GENERAL';
              and
                    (C) striking `this chapter' each place it appears and
                  inserting `this subchapter'; and
                (2) by adding at the end the following new subchapter:
                                 `SUBCHAPTER B--HANDGUNS
          `Sec.
          `941. Definitions.
          `942. Unlawful acts.
          `943. Licensing of handgun clubs.
          `944. Registration of security guard services.
          `945. Recordkeeping and reports; transfers to licensed handgun clubs.
          `946. Voluntary delivery to law enforcement agency; reimbursement.
          `947. Penalties.
          `948. Regulations.
          `949. Relation to other law.
          `950. Severability.
          `Sec. 941. Definitions
            `(a) TERMS DEFINED IN SECTION 921- Unless otherwise defined in
          subsection (b), a term used in this subchapter that is defined in
          section 921 has the meaning stated in that section.
            `(b) ADDITIONAL TERMS- As used in this subchapter:
                `Handgun' means any firearm, including a pistol or revolver,
              that is designed to be fired by the use of a single hand, and
              any combination of parts from which such a firearm can be
              assembled.
                `Handgun ammunition' means ammunition that is designed for 
              use primarily in a handgun.
                `Handgun club' means a club organized for bona fide target
              shooting with handguns.
                `Licensed handgun club' means a handgun club that is licensed
              under section 943.
                `Registered security guard service' means a security guard
              service that is registered under section 944.
                `Security guard service' means an entity that engages in the
              business of providing security guard services to the public.
          `Sec. 942. Unlawful acts
            `(a) OFFENSE- Except as provided in subsections (b) and (c), it 
          is unlawful for a person to manufacture, import, export, sell, buy,
          transfer, receive, own, possess, transport, or use a handgun or
          handgun ammunition.
            `(b) EXCEPTIONS- Subsection (a) does not apply to--
                `(1) the Army, Navy, Air Force, Marine Corps, Coast Guard, 
              and National Guard;
                `(2) Federal, State, or local government agencies charged 
              with law enforcement duties that require its officers to 
              possess handguns;
                `(3) registered security guard services, and employees of 
              such services who are performing duties as security guards;
                `(4) licensed handgun clubs; or
                `(5) members of a licensed handgun club who are participating
              in otherwise lawful activities of the club.
            `(c) APPROVED TRANSACTIONS- Pursuant to regulations issued by the
          Secretary, the Secretary may approve the manufacture, importation,
          sale, purchase, transfer, receipt, ownership, possession,
          transportation, and use of a handgun or handgun ammunition by
          licensed manufacturers, licensed importers, and licensed dealers as
          necessary to meet the lawful requirements of the persons and
          entities described in subsection (b).
          `Sec. 943. Licensing of handgun clubs
            `(a) HANDGUN CLUBS- Pursuant to regulations issued by the
          Secretary, the Secretary may issue a license to a handgun club if--
                `(1) no member of the handgun club is a person whose
              membership and participation in the club is in violation of
              State or local law;
                `(2) no member of the handgun club is prohibited from
              transporting, shipping, or receiving firearms or ammunition in
              interstate or foreign commerce under section 922 (g) or (h);
                `(3) no member of the handgun club has willfully violated 
              this chapter or any regulations issued under this chapter;
                `(4) the handgun club has not willfully failed to disclose 
              any material information required, and has not made any false
              statement as to any material fact in connection with its
              application;
                `(5) the handgun club has been founded and is operated for
              bona fide target shooting;
                `(6) the handgun club--
                    `(A) has a single, established premises from which it
                  operates;
                    `(B) has procedures for supervising the use of handguns 
                  by its members at all times;
                    `(C)(i) has procedures and has facilities on its premises
                  for keeping the handguns in a secure place, under the
                  control of a designated officer of the club, at all times
                  when the handguns are not being used by its members; and
                    `(ii) has made arrangements for the storage of the
                  members' handguns in a facility of the local police
                  department or other law enforcement agency, at all times
                  when the handguns are not being used by its members; and
                    `(D) meets all operational, safety, security, training,
                  and other requirements that the Secretary may prescribe by
                  regulation.
            `(b) REVOCATION- The Secretary shall revoke the license of a
          licensed handgun club that does not continue to meet the
          requirements of subsection (a).
            `(c) LICENSE FEE- A licensed handgun club shall pay to the
          Secretary an annual license fee of $25.
          `Sec. 944. Registration of security guard services
            `(a) SECURITY GUARD SERVICES- Under regulations issued by the
          Secretary, the Secretary may approve the registration of a security
          guard service if--
                `(1)(A) the security guard service has procedures and has
              facilities on its premises for keeping its handguns in a secure
              place, under the control of a designated officer of the 
              security guard service; or
                `(B) has made arrangements for the storage of its handguns in
              a facility of the local police department or other law
              enforcement agency, at all times when such handguns are not in
              use for legitimate business purposes;
                `(2) the security guard service has obtained all necessary
              State and local licenses and meets all State and local
              requirements to engage in the business of providing security
              guard service; and
                `(3) the security guard service meets all operational, 
              safety, security, training, and other requirements that the
              Secretary may prescribe by regulation.
            `(b) REVOCATION- The Secretary shall revoke the registration of a
          registered security guard service that does not continue to meet 
          the requirements of subsection (a).
            `(c) REGISTRATION FEE- A registered security guard service shall
          pay to the Secretary an annual registration fee of $50.
          `Sec. 945. Recordkeeping and reports; transfers to licensed handgun
          clubs
            `(a) RECORDKEEPING- 
                `(1) IN GENERAL- A licensed manufacturer, licensed importer,
              licensed dealer, licensed handgun club, or registered security
              guard service that sells or otherwise transfers a handgun or
              handgun ammunition shall--
                    `(A) maintain records of such sales, transfers, receipts,
                  and other dispositions of handguns and handgun ammunition,
                  in such form as the Secretary may by regulation provide; and
                    `(B) permit the Secretary to enter its premises at
                  reasonable times for the purpose of inspecting such records.
                `(2) MEMBERS OF LICENSED HANDGUN CLUBS- A member of a 
              licensed handgun club who sells or otherwise transfers a 
              handgun or handgun ammunition shall maintain records of such
              sales, transfers, receipts, and other dispositions of handguns
              and handgun ammunition, in such form as the Secretary may by
              regulation provide.
            `(b) REPORTS OF LOSS OR THEFT- (1) A licensed handgun club or
          registered security guard service shall report to the Secretary a
          loss or theft of any handgun in its possession or the possession of
          one of its members or employees not later than thirty days after 
          the loss or theft is discovered.
            `(2) A report made under paragraph (1) shall include such
          information as the Secretary by regulation shall prescribe,
          including the date and place of theft or loss.
            `(c) TRANSFERS TO HANDGUN CLUBS- A person that sells or otherwise
          transfers a handgun to a licensed handgun club or member of a
          licensed handgun club shall transport or otherwise deliver the
          handgun directly to the premises of the licensed handgun club where
          the handgun will be kept.
          `Sec. 946. Voluntary delivery to law enforcement agency;
          reimbursement
            `(a) DELIVERY- A person may at any time voluntarily deliver to 
          any Federal, State, or local law enforcement agency designated by
          the Secretary a handgun owned or possessed by the person.
            `(b) DISPOSITION- The Secretary shall arrange with each agency
          designated to receive handguns for the transfer, destruction, or
          other disposition of handguns delivered under subsection (a).
            `(c) REIMBURSEMENT- The Secretary shall pay to a person who
          delivers a handgun under subsection (a) on or prior to the date 
          that is one hundred eighty days after the date of enactment of this
          subchapter an amount equal to the greater of--
                `(1) $25; or
                `(2) the fair market value of the handgun as determined by 
              the Secretary.
            `(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
          appropriated to the Secretary such sums as are necessary to make
          such payments under subsection (c).
          Sec. 947. Penalties
            `(a) VIOLATION OF SECTION 942- (1) Except as provided in 
          paragraph (2), a person who violates section 942 shall be fined not
          more than $5,000, imprisoned not more than five years, or both.
            `(2) A person who voluntarily delivers a handgun under section
          946(a) after the date that is one hundred eighty days after the 
          date of enactment of this subchapter shall not be subject to
          criminal prosecution for possession of the handgun under any
          Federal, State, or local law, but shall pay to the Secretary a 
          civil penalty in an amount determined by the Secretary, not to
          exceed $500.
            `(b) FAILURE TO REPORT LOSS OR THEFT- A licensed handgun club or
          registered security guard service that fails to report a loss or
          theft of a handgun as required by section 945(b)--
                `(1) in the case of a negligent failure to report or a
              negligent failure to discover the loss or theft, shall pay to
              the Secretary a civil penalty in an amount determined by the
              Secretary, not to exceed $1,000; and
                `(2) in the case of an intentional failure to report, shall 
              be fined not more than $5,000, its officer designated under
              section 943(a)(6)(C)(i) or 944(a)(1)(A) imprisoned not more 
              than five years, or both.
            `(c) FAILURE TO DELIVER TO PREMISES OF LICENSED HANDGUN CLUB- A
          person who sells or otherwise transfers a handgun to a licensed
          handgun club or member of a licensed handgun club and causes the
          handgun to be shipped or otherwise delivered by any means or to any
          place other than directly to the premises of the licensed handgun
          club where the handgun will be kept, in violation of section 945(c)--
                `(1) in the case of a negligent delivery to an unauthorized
              place, shall pay to the Secretary a civil penalty in an amount
              determined by the Secretary, not to exceed $1,000; and
                `(2) in the case of an intentional delivery to an 
              unauthorized place, shall be fined not more than $5,000,
              imprisoned not more than five years, or both.
            `(d) FALSE STATEMENT OR REPRESENTATION- (1) A person who--
                `(A) makes a false statement or representation with respect 
              to information required by this subchapter to be kept in the
              records of an importer, manufacturer, dealer, or handgun club
              licensed under this subchapter or security guard service
              registered under this subchapter; or
                `(B) makes a false statement or representation in applying 
              for a handgun club license or security guard service
              registration under this subchapter,
          shall be subject to penalty under paragraph (2).
            `(2)(A) In the case of a negligent making of a false statement or
          representation described in paragraph (1), the person shall pay to
          the Secretary a civil penalty in an amount determined by the
          Secretary, not to exceed $1,000; and
            `(B) in the case of an intentional making of a false statement or
          representation described in paragraph (1), the person shall be 
          fined not more than $5,000, imprisoned not more than five years, or
          both.
            `(e) FAILURE TO KEEP OR PERMIT INSPECTION OF RECORDS- A person 
          who fails to keep or permit inspection of records in violation of
          section 945(a)--
                `(1) in the case of a negligent failure to maintain records,
              shall pay to the Secretary a civil penalty in an amount
              determined by the Secretary, not to exceed $1,000; and
                `(2) in the case of an intentional failure to maintain 
              records or any failure to permit inspection of records, shall 
              be fined not more than $5,000, and its chief executive officer
              or other person responsible for the failure shall be imprisoned
              not more than five years, or both.
            `(f) FORFEITURE- Any handgun or handgun ammunition involved or
          used in, or intended to be used in, a violation of this subchapter
          or any regulation issued under this subchapter, or any violation of
          any other criminal law of the United States, shall be subject to
          seizure and forfeiture, and all provisions of the Internal Revenue
          Code of 1986 relating to the seizure, forfeiture, and disposition 
          of firearms shall, so far as applicable, extend to seizures and
          forfeitures under this subchapter.
          `Sec. 948. Regulations
            `The Secretary may prescribe such regulations as the Secretary
          deems necessary to carry out this subchapter.
          `Sec. 949. Relation to other law
            `The regulation of handguns under this subchapter is in addition
          to the regulation of handguns under subchapter A and any other
          Federal, State, or local law.
          `Sec. 950. Severability
            `If any provision of this subchapter or the application thereof 
          to any person or circumstance is held invalid, the remainder of the
          subchapter and the application of that provision to other persons
          not similarly situated or to other circumstances shall not be
          affected thereby.'.
          SEC. 4. RULE OF CONSTRUCTION.
            Nothing in this Act shall be construed as modifying or affecting
          any provision of--
                (1) the National Firearms Act (chapter 53 of the Internal
              Revenue Code of 1956);
                (2) section 414 of the Mutual Security Act of 1954 (22 U.S.C.
              1934), relating to munitions control; or
                (3) section 1715 of title 18, United States Code, relating to
              nonmailable firearms.
          SEC. 5. EFFECTIVE DATE.
            (a) IN GENERAL- Except as provided in subsection (b), this Act 
          and the amendments made by this Act shall take effect on the date 
          of enactment of this Act.
            (b) DELAYED EFFECTIVE DATE- Sections 942 and 945 of title 18,
          United States Code, as added by section 3 of this Act, shall take
          effect on the date that is one hundred and eighty days after the
          date of enactment of this Act.


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