102D CONGRESS 2D SESSION S. 2913 To prohibit the manufacture, importation, exportation, sale, purchase, transfer, receipt, possession, or transportation of handguns and ammunition, with certain exceptions. IN THE SENATE OF THE UNITED STATES JUNE 30 (legislative day, JUNE 16), 1992 Mr. CHAFEE (for himself, Mr. PELL, and Mr. CRANSTON) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit the manufacture, importation, exportation, purchase, transfer, receipt, possession, or transport of handguns and handgun ammunition, with certain exceptions. 1 _Be _it _enacted _by _the _Senate _and _House _of _Representa- 2 _tives _of _the _United _States _of _America _in _Congress _assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Public Health and 5 Safety Act of 1992 6 SEC. 2. FINDINGS AND DECLARATIONS. 7 The Congress finds and declares that-- 2 1 (1) the number of privately held handguns has 2 more than doubled--from 31,000.000 in 1972 to 3 more than 66,000,000 today--in the past 2 decades 4 alone, and the number of handguns in circulation 5 continues to increase by 2,000,000 handguns each 6 year; 7 (2) handguns play a major role, dis- 8 proportionate to their number in comparison with ri- 9 fles and shotguns, in 'violent crime, intentional and 10 accidental death, and intentional and accidental 11 injury; 12 (3) while the number of homicides committed 13 with long guns has remained relatively stable, the 14 number of handgun homicides has set new records 15 every year since 1988, matching pace with the sky- 16 rocketing national homicide rate; 17 (4) the number of handgun-related incidents in 18 elementary and secondary schools has increased 19 sharply, with significant numbers of schoolchildren 20 in rural and urban areas reporting easy access to 21 and frequent carrying to school of handguns; and 22 the presence of handguns in school not only pro- 23 vokes worry among parents and children but also 24 causes much needed school funds to be diverted for 25 purchase of security equipment; S 2913 IS 3 1 (5) handgun violence places considerable strain 2 on the national health care system and is a major 3 contributor to its escalating costs, with at least 4 $4,000,000,000 being spent annually on emergency 5 care, hospitalization, follow-up care, rehabilitation, 6 and medication; 7 (6) handguns kept in the home are of less value 8 than is commonly thought in defending against in- 9 truders, and they are far more likely to increase sig- 10 nificantly the danger of a handgun fatality or injury 11 to the inhabitants (including children) than to en- 12 hance their personal safety; 13 (7) violent crime and injury committed with 14 handguns constitute a burden upon and interfere 15 with interstate and foreign commerce, and threaten 16 the domestic tranquility of the Nation; and 17 (8) current Federal firearms policy is inad- 18 equate to counteract the social, economic, and finan- 19 cial costs exacted by handguns to our society. 20 SEC. 3. AMENDMENT OF TITLE 18, UNITED STATES CODE. 21 Chapter 44 of title 18, United States Code, is 22 amended- 23 (1) by- 24 (A) redesignating the text of the chapter 25 as subchapter A, 4 1 (B) inserting after the chapter heading the 2 following: "Subchapter "A. Firearms In General................................. 921 "B. Handguns............................................ 941 "SUBCHAPTER A- FIREARMS IN GENERAL"; 3 and 4 (C) striking "this chapter" each place it 5 appears and inserting "this subchapter"; and 6 (2) by adding at the end the following new sub- 7 chapter: "SUBCHAPTER B- HANDGUNS "Sec. "941. Definitions. "942. Unlawful acts. "943. Licensing of handgun clubs. "944. Registration of security guard services. "945. Recordkeeping and reports; transfers to licensed handgun "946. Voluntary delivery to law enforcement agency, reimbursement "947. Penalties. "948. Regulations. "949. Relation to other law "950. Severability. 8 "$ 941. Definitions 9 "(a) TERMS DEFINED IN SECTION 921. -- Unless oth- 10 erwise defined in subsection (b), a term used in this sub- 11 chapter that is defined in section 921 has the meaning 12 stated in that section. 13 "(b) ADDITIONAL TERMS.-- As used in this sub- 14 chapter: 15 "'Handgun' means any firearm including a pis- 16 tol or revolver that is designed to be fired by the use S 2913 IS 5 1 of a single hand, or any combination of parts from 2 which such a firearm can be assembled. 3 "'Handgun ammunition' means ammunition 4 that is designed for use primarily in a handgun. 5 "'Handgun club' means a club organized for 6 bona fide target shooting with handguns. 7 "'Licensed handgun club' means a handgun 8 club that is licensed under section 943. 9 "'Registered security guard service' means a 10 security guard service that is registered under sec- 11 tion 944. 12 "'Security guard service' means an entity that 13 engages in the business of providing security guard 14 services to the public. 15 "$ 942. Unlawful acts 16 "(a) OFFENSE.-- Except as provided in subsections 17 (b) and (c), it is unlawful for a person to manufacture, 18 import, export, sell, buy, transfer, receive, own, possess, 19 transport, or use a handgun or handgun ammunition. 20 "(b) EXCEPTIONS. -- Subsection (a) does not apply 21 to- 22 "(1) the Army, Navy, Air Force, Marine Corps, 23 Coast Guard, and National Guard; S 2913 IS 6 1 "(2) Federal, State, or local government agen- 2 cies chased with law enforcement duties that re- 3 quire its officers to possess handguns; 4 "(3) registered security guard services; or 5 "(4) licensed handgun clubs and members of li- 6 censed handgun clubs. 7 "(c) APPROVED TRANSACTIONS.-Pursuant to regu- 8 lations issued by the Secretary, the Secretary may approve 9 the manufacture, importation, sale, purchase, transfer, re- 10 ceipt, ownership, possession, transportation, and use of a 11 handgun or handgun ammunition by licensed manufactur- 12 ers, licensed importers, and licensed dealers as necessary 13 to meet the lawful requirements of the persons and entities 14 described in subsection (b). 15 "$ 943. Licensing of handgun clubs 16 "(a) HANDGUN CLUBS.- Pursuant to regulations is- 17 sued by the Secretary, the Secretary may issue a license 18 to a handgun club if- 19 "(1) no member of the handgun club is a per- 20 son whose membership and participation in the club 21 is in violation of State or local law; 22 "(2) no member of the handgun club is prohib- 23 ited from transporting, shipping, or receiving fire- 24 arms or ammunition in interstate or foreign com- 25 merce under section 922 (g) or (h); S 2913 IS 7 1 "(3) no member of the handgun club has will- 2 fully violated this chapter or any regulations 3 under this chapter; 4 "(4) the handgun club has not willfully failed to 5 disclose any material information required, or has 6 not made any false statement as to any material fact 7 in connection with its application; 8 "(5) the club has been founded and operated 9 for bona fide target shooting; and 10 "(6) the handgun club- 11 "(A) has permanent premises from which 12 it operates; 13 "(B) maintains possession and control of 14 the handguns used by its members; 15 "(C)(i) has procedures and has facilities 16 its premises for keeping such handguns in a se- 17 cure place, under the control of a designated of- 18 ficer of the club; or 19 "(ii) has made arrangements for the stor- 20 age of the members' handguns in a facility of 21 the local police department or other law en- 22 forcement agency, 23 at all times when they are not being used for 24 target shooting; and S 2913 IS 8 1 "(D) meets all operational, safety, security, 2 training, and other requirements that the Sec- 3 retary may prescribe by regulation. 4 "(b) REVOCATION.-The Secretary shall revoke the 5 license of a licensed handgun club that does not continue 6 to meet the requirements of subsection (a). 7 "(c) LICENSE FEE.-A licensed handgun club shall 8 pay to the Secretary an annual license fee of $25. 9 "$ 944. Registration of security guard services. 10 "(a) SECURITY GUARD SERVICES.-Under regula- 11 tions issued by the Secretary, the Secretary may approve 12 the registration of a security guard service if-- 13 "(1)(A) the security guard service has proce- 14 dures and has facilities on its premises for keeping 15 its handguns in a secure place, under the control of 16 a designated officer of the security guard service; or 17 "(B) has made arrangements for the storage of 18 its handguns in a facility of the local police depart- 19 ment or other law enforcement agency, 20 at all times when such handguns are not in use for 21 legitimate business purposes; 22 "(2) the security guard service has obtained all 23 necessary State and local licenses and meets all 24 State and local requirements to engage in the busi- 25 ness of providing security guard service; and S 2913 IS 9 1 "(3) the security guard service meets all oper- 2 ational, safety, security, training, and other require- 3 ments that the Secretary may prescribe by regula- 4 tion. 5 "(b) REVOCATION.-The Secretary shall revoke the 6 registration of a registered security guard service that 7 does not continue to meet the requirements of subsection 8 (a). 9 "(c) REGISTRATION FEE.-A registered security 10 guard service shall pay to the Secretary an annual reg- 11 istration fee of $50. 12 "$945. Recordkeeping and reports; transfers to li- 13 censed handgun clubs 14 "(a) RECORDKEEPING.-A licensed manufacturer, li- 15 censed importer, licensed dealer, licensed handgun club or 16 member of a licensed handgun club, or registered security 17 guard service that sells or otherwise transfers handguns 18 or handgun ammunition shall- 19 "(A) maintain records of sales, transfers re- 20 ceipts, and other dispositions of handguns and hand- 21 gun ammunition in such form as the Secretary may 22 by regulation provide; and 23 "(B) permit the Secretary to enter the premises 24 at reasonable times for the purpose of inspecting 25 such records. S 2913 IS 10 1 "(b) REPORTS OF LOSS OR THEFT.-(1) A licensed 2 handgun club or registered security guard service shall re- 3 port to the Secretary a loss or theft of any handgun in 4 its possession or the possession of 1 of its members or 5 employees not later than 30 days after the loss or theft 6 is discovered. 7 "(2) A report made under subsection (a) shall include 8 such information as the Secretary by regulation shall pre- 9 scribe, including the date and place of theft or loss. 10 "(c) TRANSFERS TO HANDGUN CLUBS.-A person 11 that sells or otherwise transfers a handgun to a licensed 12 handgun club or member of a licensed handgun club shall 13 be shipped or otherwise delivered directly to the premises 14 of the licensed handgun club where the handgun will be 15 kept. 16 "$ 946. Voluntary delivery to law enforcement agen- 17 cy; reimbursement 18 "(a) DELIVERY.-A person may at any time vol- 19 untarily deliver to any Federal. State, or local law enforce- 20 ment agency designated by the Secretary a handgun 21 owned or possessed by the person. 22 "(b) DISPOSITION.-The Secretary shall arrange 23 with each agency designated to receive handguns for the 24 transfer, destruction, or other disposition of handguns de- 25 livered under subsection (a). S 2913 IS 11 1 "(e) REIMBURSEMENT.-The Secretary shall pay to 2 a person who delivers a handgun under subsection (a) on 3 or prior to the date that is 180 days after the date of 4 enactment of this subchapter an amount equal to the 5 greater of- 6 "(1) $25; or 7 "(2) the fair market value of the gun on May 8 31, 1992, as determined by the Secretary. 9 "(d) AUTHORIZATION OF APPROPRIATIONS.-There 10 are authorized to be appropriated to the Secretary such 11 sums as are necessary to make such payments under sub- 12 section (c). 13 "$ 947. Penalties 14 "(a) VIOLATION OF SECTION 942.-(1) Except as 15 provided in paragraph (2), a person who violates section 16 942 shall be fined not more than $5,000, imprisoned not 17 more than 5 years, or both. 18 "(2) A person who voluntarily delivers a handgun 19 under section 946(a) after the date that is 180 days after 20 the date of enactment of this subchapter shall not be sub- 21 ject to criminal prosecution for possession of the handgun 22 under any Federal, State, or local law, but shall pay to 23 the Secretary a civil penalty in an amount determined by 24 the Secretary, not to exceed $500. S 2913 IS 12 1 "(b) FAILURE TO REPORT LOSS OR THEFT.-A li- 2 censed handgun club or registered security guard service 3 that fails to report a loss or theft of a handgun as required 4 by section 945(b)- 5 "(1) in the case of a negligent failure to report 6 or a negligent failure to discover the loss or theft, 7 shall pay to the Secretary a civil penalty in an 8 amount determined by the Secretary, not to exceed 9 $1,000; and 10 "(2) in the case of an intentional failure to re- 11 port, shall be fined not more than $5,000, its officer 12 designated under section 943(a)(6)(C)(i) or 13 944(a)(1)(A) imprisoned not more than 5 years, or 14 both. 15 "(c) FAILURE TO DELIVER TO PREMISES OF LI- 16 CENSED HANDGUN CLUB.-A person that sells or other- 17 wise transfers a handgun to a licensed handgun club or 18 member of a licensed handgun club that causes the hand- 19 gun to be shipped or otherwise delivered by any means 20 or to any place other than directly to the premises of the 21 licensed handgun club where the handgun will be kept, in 22 violation of section 945(c)- 23 "(1) in the case of a negligent delivery to an 24 unauthorized place, shall pay to the Secretary a civil S 2913 IS 13 1 penalty in an amount determined by the Secretary, 2 not to exceed $1,000; and 3 "(2) in the case of an intentional delivery to an 4 unauthorized place, shall be fined not more than 5 $5,000, imprisoned not more than 5 years, or both 6 "(d) FALSE STATEMENT OR REPRESENTATION.-(1) 7 A person who- 8 "(A) makes a false statement or representation 9 with respect to information required by this sub- 10 chapter to be kept in the records of an importer, 11 manufacturer, dealer, or handgun club licensed 12 under this subchapter or security guard service reg- 13 istered under this subchapter; or 14 "(B) makes a false statement or representation 15 in applying for a handgun club license or security 16 guard service registration under this subchapter, 17 shall be subject to penalty under paragraph (2). 18 "(2)(A) In the case of a negligent making of a false 19 statement or representation described in paragraph (1), 20 the person shall pay to the Secretary a civil penalty in 21 an amount determined by the Secretary, not to exceed 22 $1,000; and 23 "(B) in the case of an intentional making of a false 24 statement or representation described in paragraph (1), S 2913 IS 14 1 the person shall be fined not more than $5,000, impris- 2 oned not more than 5 years, or both. 3 "(e) FAILURE TO KEEP OR PERMIT INSPECTION OF 4 RECORDS.-A person who fails to keep or permit inspec- 5 tion of records in violation of section 945(a)- 6 "(1) in the case of a negligent failure to main- 7 tain records, shall pay to the Secretary a civil pen- 8 alty in an amount determined by the Secretary, not 9 to exceed $1,000; and 10 "(2) in the case of an intentional failure to 11 maintain records or any failure to permit inspection 12 of records, shall be fined not more than $5,000, and 13 its chief executive officer or other person responsible 14 for the failure shall be imprisoned not more than 5 15 years, or both. 16 "(f) FORFEITURE.-Any handgun or handgun am- 17 munition involved or used in, or intended to be used in, 18 a violation of this subchapter or any regulation issued 19 under this subchapter, or any violation of any other crimi- 20 nal laws of the United States, shall be subject to seizure 21 and forfeiture, and all provisions of the Internal Revenue 22 Code of 1986 relating to the seizure, forfeiture, and dis- 23 position of firearms shall, so far as applicable, extend to 24 seizures and forfeitures under this subchapter. S 2913 IS 15 1 "$ 948. Regulations 2 "The Secretary may prescribe such regulations as the 3 Secretary deems necessary to carry out this subchapter, 4 "$ 949. Relation to other law 5 "The regulation of handguns under this subchapter 6 is in addition to the regulation of handguns under sub- 7 chapter A and any other Federal, State, or local law. 8 "$ 950. Severability 9 "If any provision of this subchapter or the application 10 thereof to any person or circumstance is held invalid, the 11 remainder of the subchapter and the application of that 12 provision to other persons not similarly situated or to 13 other circumstances shall not be affected thereby." 14 SEC. 4. RULE OF CONSTRUCTION. 15 Nothing in this Act shall be construed as modifying 16 or affecting any provision of- 17 (1) the National Firearms Act (chapter 53 of 18 the Internal Revenue Code of 1956); 19 (2) section 414 of the Mutual Security Act of 20 1954 (22 U.S.C. 1934), relating to munitions con- 21 trol. or 22 (3) section 1715 of title 18, United States 23 Code, relating to nonmailable firearms. S 2913 IS 16 1 SEC. 5. EFFECTIVE DATE. 2 (a) IN GENERAL.-Except as provided in subsection 3 (b), this Act and the amendments made by this Act shall 4 take effect on the date of enactment of this Act. 5 (b) DELAYED EFFECTIVE DATE.-Sections 942 and 6 945 of title 18, United States Code, as added by section 7 3, shall take effect on the date that is 180 days after 8 date of enactment of this Act.