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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