The Brady Bill

Union Calendar No. 28
102nd CONGRESS
1ST SESSION
H.R. 7
[Report No. 102-47]

To amend title 18, United States Code, to require a waiting period before the purchase of a handgun.

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IN THE HOUSE OF REPRESENTATIVES

January 3, 1991

Mr. Feighan (for himself, Mr. Hughes, Mr. Mazzoli, Mr. Schumer, Mr. Solarz, Mr. Green of New York, Mr. Annunzio, Mr. Towns, Mr. Berman, Mr. Levine of California, Mr. Wylie, Mr. Edwards of California, Mr. McHugh, Mr. Smith of FLorida, Mr. Wolfe, Mr. Moody, Mr. Shays, Mr. Miller of Washington, Mr. Bennett, Mr. Stark, Mr. Delluma, Mr. Sabo, Mr. Markey, Mr. Lehman of Florida, Mr. Cardin, Mr. Hoyer, Mr. Gonzalez, Mr. Royeal, Ms. Pelosi, Mrs. Roukema, Mr. Mrazek, Mr. Schuler, Mr. Owens of New York, Mr. Weiss, Mr. Serrano, Mr. Torricelli, Mr. Conyers, Mr. Jones of Georgia, Mr. Borski, Mr. Payne of New Jersey, Mr. Manton, Mr. Engel, Ms. Kapture, Ms. Oakar, Mr. Sawyer, Mr. Lantos, Mr. Fascell, Mr. Synar, Mr. Evans of Illinois, Mr. Boehlert, Mr. Beilenson, Mr. Hoochbrueckner, Mr. Fuster, Mr. Matsui, Mr. Johnston of Florida, Mr. Lewis of Georgia, Mr. Atkins, Mr. De Luso, Mr. Dicks, Mr. Washington, Mrs. BNoxer, Mr. Dwyer of New Jersey, Mr. Roe, Mr. Jacobs, Mr. Donnelly, Mr. Studds, Mr. Hyde, Mr. Kennedy, Mr. Vento, Mr. Hall of Ohio, Mr. Lent, Mr. McDermott, Mr. Stokes, Mr. Goss, Mr. Sensenskenner, Mr. Glickman, Mr. Morgan, Mr. Yates, Mr. Porter, Mr. Brown of California, Ms. Slaughter of New York, and Mr. Stenholm) introduced the following bill; which was referred to the Committee on the Judiciary

April 11, 1991

Additional sponsors: Mr. Gibbons, Mrs. Lowry of New York, Mr. Miller of California, Mr. Mavroules, Mr. Sangmeister, Mr. Gejdenson, Mr. Waxman, Mr. Russo, Mr. Rangel, Mr. Foglietta, Mr. Fasio, Mr. Carper, Mr. Coughlin, Mr. Downey, Mr. Young of Florida, Mr. Mfume, Mr. Falwell, Mr. LaFalcs, Mr. McGrate, Mr. Wheat, Mr. Bonior, Mr. Lepinski, Ms. Molinari, Mr. Trafigant, Mr. Levin of Michigan, Mr. Durbin, Mr. Clay, Mr. Moakley, Mrs. Schroeder, Mr. Coyne, Mrs. Collins of Illinois, Mr. Lehman of California, Mr. Pease, Mrs. Morella, Mr. Skaggs, Mrs. Kennelly, Mr. Mineta, Mr. Pallone, Ms. DeLauro, Ms. Norton, Mr. Andrews of New Jersey, Mr. Andrews of Maine, Mr. Guarini, Mr. Panetta, Mr. Ford of tennessee, Mr. Flake, Mr. AuCoin, Mr. Torres, Mr. Walsh, Mr. McMillen of Maryland, Mr. Reed, Mr. Abercrombie, Mr. Bacchus, Mr. Ackerman, Mr. Campbell of California, Mrs. Bentley, Mr. Hayes of Illinois, Mr. Roemmer, Mr. Faleomavega, Mr. Dixon, and Mr. Hoagland.

May 2, 1991

Additional sponsors: Mr. Hertel, Mr. Dymally, Mr. Anderson, Ms. Waters, And Mrs. Collins of Michigan

Reported with an amendment, committed to the Committee of the Whole House, on the Sate of the Union, and ordered to be printed

A BILL

To amend title 18, United State's Code, to require 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:

"(s)(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) after the most recent proposal of such transfer by the transferee- (i) the transferor has --

"(I) received from the transferee a statement of the transferee containing the information described in paragraph (3);

"(II) verified the identification of the transferee by examining the identification document presented; and

"(III) within one day after the transferee furnishes the statement, provides a copy of the statement to the chief law enforcement officer of the place of residence of the transferee; and

"(ii)(I) 7 days have elapsed from the date of the transferee furnished the statement, and the transferor has not received information from the chief law enforcement that receipt or possession of the handgun by the transferee would be in violation of Federal, State, or local laws; or

"(II) the transferor has received notice from the chief law enforcement officer that the officer has no information indicating that receipt or possession of the handgun by the transferee would violate Federal, State, or local law;

"(B) the transferee has presented to the transferor a written statement, issued by the chief law enforcement officer of the place of residence of the transferee during the 10-day period ending on the date of the most recent proposal of such transfer by 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;

"(C)(i) the transferee has presented to the transferor a permit which - -

"(I) allows the transferee to possess a handgun; and

"(II) was issued no more than 5 years earlier by the State in which the transfer is to take place; and

"(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of law;

"(D) the law of the State--

"(i) prohibits any licensed importer, licensed manufacturer, or licensed dealer from transferring a handgun to an individual who is not licensed under section 923, at least 7 days have elapsed from the date the transferee proposes such transfer; or

"(ii) 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, an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of law; or

"(E) the transferor has received a report from any system of felon identification established by the Attorney General pursuant to section 6213(a) of the Anti-Drug Abuse Amendments Act of 1988, that available information does not indicate that possession or receipt of a handgun by the transferee would violate Federal, State, or local law.

"(2) Paragraph (1) shall not be interpreted to require any action by a chief law enforcement officer which is not otherwise required.

"(3) The statement referred to in Paragraph (1)(A)(i)(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 the transferee--

"(i) is not under indictment for, and has not been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

"(ii) is not a fugitive from justice;

"(iii) is not an unlawful user of or addicted to any controlled substances (as defined in section 102 of the Controlled Substances Act);

"(iv) has not been adjudicated as a mental defective or been committed to a mental institution;

"(v) is not an alien who is illegally or unlawfully in the United States;

"(vi) has not been discharged from the Armed Forces under dishonorable conditions; and

"(vii) is not a person who, having been a citizen of the United States, has renounced such citizenship;

"(C) the date the 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 report from a chief law enforcement officer containing information that receipt or possession of the handgun by the transferee violates Federal, State, or local law shall immediately communicate all information the transferor has about the transfer and the transferee to --

"(A) the chief law enforcement officer of the place of business of the transferor; 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 statement of the transferee with respect to the handgun transaction, and shall retain evidence that the transferor has complied with paragraph (1)(A)(4)(III) with respect to the statement.

"(B) Unless the chief law enforcement officer to whom a copy of the 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 the statement, destroy the copy and any record containing the information derived from the statement.

"(7) For purposes of this subsection, the term 'chief law enforcement officer, means the chief of police, the sheriff, or an equivalent officer, or the designee of any such individual.

"(8) This subsection shall not apply to the sale of a firearm in the circumstances described in subsection (a).

"(9) 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 such title is amended by adding at the end the following:

"(29) The term 'handgun' means--

"(A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and

"(B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.".

© PENALTY -- Section 924(a) of such title is amended--

(1) in paragraph (1) by striking "paragraph (2) or (3) of"; and

(2) by adding at the end the following:

"(5) Whoever knowingly violates section 922(a) shall be fined not more than $1,000, imprisoned for not more than one year, or both.".

(d) EFFECTIVE DATE -- The amendments made by this Act shall apply to conduct engaged in 90 or more days after the date of the enactment of this Act.

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SUMMARY OF H.R. 7 (BRADY BILL)

General Rules

The general rule established by the bill is that there will be a seven day federal waiting period before a gun dealer can transfer a handgun to a private purchaser. Sales to government agencies are not subject to this waiting period. The purpose of this waiting period is to permit a police background check to determine if the purchaser is prohibited by law from possessing a handgun. The gun may be transferred in less than 7 days if the police report back to the dealer that the purchaser is not prohibited from possessing the gun.

Additionally, if state law provides an equivalent waiting period or background check, the federal waiting period would not apply.

Obligations of Purchasers

Unless covered by one of the exceptions listed below, a prospective purchaser of a handgun from a dealer will have to provide to the gun dealer a dated statement containing his name, address, and date of birth. [and show the dealer a photo ID containing this information]. This statement is in addition to the ATF form 4473 which must be filled out.

The statement must also indicate that the purchaser intends to obtain a handgun from the dealer, and contains a statement that the purchaser is not prohibited by Federal law from receiving a handgun from the dealer.

Obligations of Dealers (Transferors)

Unless the transaction is covered by one of the exceptions listed below, gun dealers ( including manufacturers, importers, and wholesalers) must require each prospective handgun purchaser (other than another dealer) to furnish the statement described above and verify the purchaser's identification.

The dealer must, within one day, furnish a copy of this statement to the chief law enforcement officer of the place of residence of the purchaser, and obtain written notification that the statement was received.

The dealer must then delay delivery of the handgun to the purchaser for seven days, unless he receives earlier notification from the chief in question that the purchaser is legally entitled to receive a handgun.

If, after 7 days, the dealer has received no report from the chief, he can deliver the handgun to the purchaser. However, if the dealer delivers the handgun to the purchaser and later gets a report from the chief indicating that the purchaser is not legally permitted to possess the handgun, the dealer must notify the chief law enforcement officers of both the place of residence and the place of his own business.

Case by Case Exceptions to the Waiting Period

The dealer does not have to obtain a statement from the purchaser or delay delivery of the handgun if--

1. The purchaser gives him a written statement from the chief law enforcement officer of the purchaser's place of residence that the purchaser needs a handgun because of a threat to his life or that of a member of his family; or

2. The purchaser has received a permit, issued not more than 5 years earlier, to possess a firearm under a licensing system in the State in which the transfer is to take place. That system must require law enforcement verification of the purchaser's qualification to possess a firearm.

Statewide Exceptions

In addition to the case by case exceptions to the seven day federal waiting period which are described above, the bill provides a state by state exception for states with laws requiring a waiting period of at least 7 days, or which require law enforcement verification, before the gun is transferred, of the individual purchaser's eligibility to receive a handgun.

Confidentiality of Records

The dealer may not disclose non-public information contained in a police report he receives, other than to the purchaser, to law enforcement, or pursuant to court order. When a dealer transfers a handgun to a purchaser, the dealer must retain a copy of the sworn statement for at least one year.

Obligation of Police

The bill provides that this legislation does not require any action by chief law enforcement officers which they are not otherwise required to take. This means that this legislation does not itself require a chief to take any particular action, such as a records check, when he receives a purchaser's statement from a handgun dealer.

Application to Section 922© Sales by Mail

The bill does not apply to gun sales made through the mails as such sales already require the purchaser to supply a sworn statement indicating that he is not disqualified under Federal law from owning a firearm and the Section also contains a waiting period of at least seven days before the transaction can occur. Statements received by the police and records containing any information from such statements are to be destroyed within 30 days, unless the chief who received the statement determines that the gun transaction in question would be illegal.

Penalties

Dealers who violate these waiting period provisions will be subject to misdemeanor penalties of up to one year imprisonment and $1000 fine. No other penalties can be imposed for such violations.

The bill provides no additional penalties for gun purchasers. However, existing law provides for the criminal prosecution of a purchaser who falsely swears that he is legally entitled to possess a handgun.