The Patriotic American
House Bill: H.R. 186
Short Title: The Handgun Registration Act of 1997
Official Title: A bill to provide for the mandatory registration of handguns
FILE h186.ih
HR 186 IH
105th CONGRESS
1st Session
To provide for the mandatory registration of handguns.
IN THE HOUSE OF REPRESENTATIVES
January 7, 1997
Mr. HASTINGS of Florida introduced the following bill; which was
referred to the Committee on the Judiciary
A BILL
To provide for the mandatory registration of handguns.
[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 `Handgun Registration Act of 1997'.
SEC. 2. FEDERAL HANDGUN REGISTRATION SYSTEM TO APPLY IN ALL STATES
NOT ESTABLISHING STATE HANDGUN REGISTRATION
SYSTEM THAT MEETS CERTAIN REQUIREMENTS.
(a) IN GENERAL- Beginning 2 years after the date of the enactment
of this Act, the Federal handgun registration system to be
established by the Attorney General under section 3(a) and the
amendment made by section 3(b) shall apply in any State during any
period in which the Attorney General finds, after opportunity for a
hearing on the record, that such State is not complying
substantially with the requirements of subsection (b) of this
section.
(b) REQUIREMENTS OF STATE HANDGUN REGISTRATION SYSTEM- The
requirements of this subsection are as follows:
(1) REGISTRATION REQUIREMENT- State law must require each
individual who owns, possesses, or controls a handgun in the
State to register such handgun--
(A) in the case of handguns owned, possessed, or
controlled on or before the effective date of the State law--
(i) with a State law enforcement agency; and
(ii) within 90 days after such effective date; and
(B) in the case of handguns owned, possessed, or
controlled after such effective date--
(i) with the licensed dealer (as defined in section
921(a)(11) of title 18, United States Code) from whom
such handgun was last purchased; and
(ii) at the time the handgun is first owned,
possessed, or controlled by the individual.
(2) IMPOSITION OF PENALTIES FOR VIOLATIONS- State law must
impose the following penalties for knowing violation of the
registration requirement specified in paragraph (1):
(A) NON-SERIOUS VIOLATIONS- In the case of a violation
which is not a serious violation, the violator shall be
imprisoned not less than 1 year.
(B) SERIOUS VIOLATIONS- In the case of a violation which
is a serious violation, the violator shall be imprisoned
not less than 12 years.
(3) DEFINITION OF SERIOUS VIOLATION- State law must define a
serious violation of the registration requirement specified in
paragraph (1) to be any violation with respect to which 2 or
more of the following conditions are satisfied:
(A) MULTIPLE UNREGISTERED HANDGUNS- The violation
consists of the violator possessing, owning, or controlling
2 or more unregistered handguns.
(B) UNREGISTERED HANDGUN IS OF HIGH CALIBER- The caliber
of any handgun which is the subject of the violation is
greater than 0.22.
(C) VIOLATOR HAS PREVIOUS FELONY OR FIREARMS CONVICTION-
The violator has been previously convicted of a felony, or
of a violation of any Federal or State law relating to
firearms.
(D) UNREGISTERED HANDGUN READILY ACCESSIBLE TO VIOLATOR-
Any handgun which is the subject of the violation was
readily accessible to the violator at the time of the
violation.
(4) EASILY RETRIEVABLE RECORD OF HANDGUNS- State law must
require the State to maintain an easily retrievable record
identifying--
(A) each individual who--
(i) resides, or regularly or frequently appears, in
the State; and
(ii) possesses, owns, or controls a handgun; and
(B) such handgun.
SEC. 3. FEDERAL HANDGUN REGISTRATION SYSTEM.
(a) ESTABLISHMENT- The Attorney General shall establish a Federal
handgun registration system which contains, in an easily
retrievable record, information sufficient to identify--
(1) each resident of each State to which this subsection
applies who owns, possesses, or controls a handgun; and
(2) such handgun.
(b) HANDGUN REGISTRATION REQUIREMENT- Chapter 44 of title 18,
United States Code, is amended by adding at the end the following:
`Sec. 931. Registration of handguns
`(a) Each individual who owns, possesses, or controls a handgun
in any State to which this section applies by reason of section
2(a) of the Handgun Registration Act of 1997 shall register such
handgun--
`(1) in the case of handguns owned, possessed, or controlled
on or before the effective date of this section--
`(A) with a Federal, State, or local law enforcement
agency or the licensed dealer, if any, from whom such
handgun was last purchased; and
`(B) within 90 days after such effective date; and
`(2) in the case of handguns owned, possessed, or controlled
after such effective date--
`(A) with the licensed dealer from whom such handgun was
last purchased; and
`(B) at the time the handgun is first owned, possessed,
or controlled by the individual.
`(b) Whoever knowingly violates subsection (a) shall be fined not
more than $250,000, imprisoned not less than 15 years, or both. The
court shall not suspend a sentence of imprisonment imposed for an
offense under this section, and shall not impose a probationary
sentence for an offense under this section.
`(c) As used in subsection (a):
`(1) The term `handgun' means a pistol or revolver originally
designed to be fired by the use of a single hand and which is
designed to fire or capable of firing fixed cartridge
ammunition, and any other firearm originally designed to be
fired by the use of a single hand.
`(2) The term `State' includes the District of Columbia and
the territories and possessions of the United States.'.
(c) EFFECTIVE DATE- The amendment made by subsection (b) shall
apply to conduct engaged in 2 or more years after the date of the
enactment of this Act.
SEC. 4. TERMINATION OF CERTAIN FEDERAL ASSISTANCE.
The Attorney General shall order the termination of all
assistance under each of parts D, E, and G of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 to each State,
and each recipient in such State, during any period in which the
Federal handgun registration system established under section 3(a)
of this Act applies to such State.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) HANDGUN- The term `handgun' means a pistol or revolver
originally designed to be fired by the use of a single hand and
which is designed to fire or capable of firing fixed cartridge
ammunition, and any other firearm (as defined in section
921(a)(3) of title 18, United States Code) originally designed
to be fired by the use of a single hand.
(2) STATE- The term `State' includes the District of Columbia
and the territories and possessions of the United States.
Summary & Status, 22 January 1997
Bill Summary & Status for the 105th Congress
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H.R.186
SPONSOR: Rep Hastings, A., (introduced 01/07/97)
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TITLE(S):
* SHORT TITLE(S) AS INTRODUCED:
Handgun Registration Act of 1997
* OFFICIAL TITLE AS INTRODUCED:
A bill to provide for the mandatory registration of handguns.
---------------------------------------------------------------------------
STATUS: Floor Actions
***NONE***
---------------------------------------------------------------------------
STATUS: Detailed Legislative History
House Action(s)
Jan 7, 97:
Referred to the House Committee on the Judiciary.
---------------------------------------------------------------------------
STATUS: Congressional Record Page References
***NONE***
---------------------------------------------------------------------------
COMMITTEE(S):
* COMMITTEE(S) OF REFERRAL:
House Judiciary
---------------------------------------------------------------------------
AMENDMENT(S):
***NONE***
---------------------------------------------------------------------------
SUBJECT(S):
* INDEX TERMS:
Criminal justice Budgets
Crime and criminals Criminal justice information
Data banks Exclusive and concurrent
legislative powers
Federal aid to law enforcement
agencies Fines (Penalties)
Firearms control--Licenses Government information
Government paperwork Imprisonment
Information storage and retrieval
systems Law
Recidivists State and local government
State laws Technology
---------------------------------------------------------------------------
COSPONSOR(S):
***NONE***
---------------------------------------------------------------------------
DIGEST:
***NONE***
Summary & Status, 24 January 1997
Bill Summary & Status for the 105th Congress
---------------------------------------------------------------------------
PREVIOUS BILL | NEXT BILL
PREVIOUS BILL:ALL | NEXT BILL:ALL
NEW SEARCH | HOME | HELP
---------------------------------------------------------------------------
H.R.186
SPONSOR: Rep Hastings, A., (introduced 01/07/97)
---------------------------------------------------------------------------
TITLE(S):
* SHORT TITLE(S) AS INTRODUCED:
Handgun Registration Act of 1997
* OFFICIAL TITLE AS INTRODUCED:
A bill to provide for the mandatory registration of handguns.
---------------------------------------------------------------------------
STATUS: Floor Actions
***NONE***
---------------------------------------------------------------------------
STATUS: Detailed Legislative History
House Action(s)
Jan 7, 97:
Referred to the House Committee on the Judiciary.
---------------------------------------------------------------------------
STATUS: Congressional Record Page References
***NONE***
---------------------------------------------------------------------------
COMMITTEE(S):
* COMMITTEE(S) OF REFERRAL:
House Judiciary
---------------------------------------------------------------------------
AMENDMENT(S):
***NONE***
---------------------------------------------------------------------------
SUBJECT(S):
* INDEX TERMS:
Criminal justice Budgets
Crime and criminals Criminal justice information
Data banks Exclusive and concurrent
legislative powers
Federal aid to law enforcement
agencies Fines (Penalties)
Firearms control--Licenses Government information
Government paperwork Imprisonment
Information storage and retrieval
systems Law
Recidivists State and local government
State laws Technology
---------------------------------------------------------------------------
COSPONSOR(S):
***NONE***
---------------------------------------------------------------------------
DIGEST:
(AS INTRODUCED)
Handgun Registration Act of 1997 - Requires the Attorney General to
establish a Federal handgun registration system. Makes such system
applicable, within two years of the enactment of this Act, in all States
failing to establish a State handgun registration system that substantially
complies with Federal requirements mandating that States: (1) set
registration requirements; (2) impose specified penalties for serious and
non-serious registration violations; (3) define "serious violation" based
on the number and caliber of unregistered handguns, previous felony or
firearms offense convictions, and accessibility of such handguns; and (4)
maintain an easily retrievable record of individuals within the State with
handguns and of such handguns.
Imposes penalties (including mandatory imprisonment for not less than 15
years) upon any person possessing handguns in violation of the registration
requirement.
Terminates certain Federal assistance under the Omnibus Crime Control and
Safe Streets Act of 1968 to States which do not establish registration
systems.
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