To provide for the mandatory licensing and registration of handguns.

January 7, 2003

Mr. HOLT introduced the following bill; which was referred to the Committee on the Judiciary

To provide for the mandatory licensing and registration of handguns.

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 `Handgun Licensing and Registration Act of 2003'.

SEC. 2. FEDERAL HANDGUN LICENSING AND REGISTRATION SYSTEM TO APPLY IN ANY STATE THAT DOES NOT HAVE A HANDGUN LICENSING AND REGISTRATION SYSTEM THAT MEETS CERTAIN REQUIREMENTS.

(a) IN GENERAL- Chapter 44 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 931. Licensing and registration of handguns

`(a)(1) The Attorney General shall establish a Federal system for the licensing and registration of all handguns owned, possessed, or controlled in the United States, which shall include a method for easily retrieving information sufficient to identify--

`(A) each resident of a State to which this subsection applies who owns, possesses, or controls a handgun; and

`(B) the handgun.

`(2) It shall be unlawful for a person to own, possess, or control a handgun in a State to which this subsection applies unless the person--

`(A) is licensed to do so by the system established pursuant to paragraph (1); and

`(B) has registered the handgun with a Federal, State, or local law enforcement agency.

`(b) Subsection (a) shall not apply in a State if there is in effect a certification by the Attorney General that the State has in effect a system for the licensing and registration of handguns owned, possessed, or controlled in the State that--

`(1) includes a method for easily retrieving information sufficient to identify--

`(A) each resident of the State who owns, possesses, or controls a handgun in the State; and

`(B) the handgun; and

`(2) at a minimum, imposes criminal penalties on any person who owns, possesses, or controls a handgun in the State, and who--

`(i) has not completed training in firearms safety;

`(ii) is not licensed by the State to possess a handgun; or

`(iii) has not registered the handgun with a Federal, State, or local law enforcement agency.

`(c) A certification under subsection (b) with respect to a State shall have no force or effect on or after the date the Attorney General finds, after an opportunity for a hearing on the record, that the State does not have in effect the system described in subsection (b).

`(d) The Attorney General shall prescribe such regulations as may be necessary to carry out this section.'.

(b) PENALTIES- Section 924(a) of such title is amended by adding at the end the following:

`(7) Whoever knowingly violates section 931(a)(2) shall be fined under this title, imprisoned not less than 15 years, or both. The court shall not suspend a sentence of imprisonment imposed under this paragraph or impose a probationary sentence under this paragraph.'.

(c) CLERICAL AMENDMENT- The table of sections for such chapter is amended by adding at the end the following:

`931. Licensing and registration of handguns.'.

(d) EFFECTIVE DATE- The amendments made by this section shall apply to conduct engaged in after the 2-year period that begins with the date of the enactment of this Act.

END