To prevent handgun violence and illegal commerce in handguns.

January 7, 2003

Mr. WEXLER (for himself, Mr. NADLER, and Mr. MORAN of Virginia) introduced the following bill; which was referred to the Committee on the Judiciary

To prevent handgun violence and illegal commerce in 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 `Anti-Gunrunning Act of 2003'.

SEC. 2. PREVENTING GUN TRAFFICKING BY RESTRICTING HANDGUN TRANSFERS TO ONE PER MONTH.

(a) IN GENERAL- Section 922 of title 18, United States Code, is amended by adding at the end the following:

`(z)(1) The Congress finds and declares that--

`(A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem;

`(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs;

`(C) firearms and ammunition move easily in interstate commerce;

`(D) the illegal movement of firearms, and handguns in particular, across state lines is a widespread and pervasive national problem;

`(E) handguns (even when lawfully purchased) are unlawfully transported across state lines by gun traffickers and are illegally sold to prohibited persons;

`(F) in fact, even before a firearm is illegally sold by a trafficker, the gun, its component parts, ammunition, and the raw materials from which it is made have moved in interstate commerce;

`(G) law-abiding persons may fear to travel interstate or to or through certain parts of the country due to concern about violent crime and gun violence;

`(H) the illegal movement of handguns across state lines substantially affects the national market for firearms, because handguns sold in one State in which there are few restrictions provide a convenient source for the acquisition of handguns by gun traffickers who transport the handguns to jurisdictions with stronger restrictions;

`(I) the unlawful sale of firearms by traffickers provides a method by which firearms can be bought and sold anonymously, without background checks and without record-keeping requirements to enable gun tracing;

`(J) handguns sold by traffickers are often obtained by criminals and other prohibited persons who frequently use guns that cannot be traced to commit crimes;

`(K) handgun violence is a pervasive, national problem that is exacerbated by the availability of handguns through gun traffickers;

`(L) firearms from traffickers have been involved in subsequent crimes including drug offenses, crimes of violence, property crimes, and illegal possession by felons and other prohibited persons;

`(M) because gun trafficking is often an interstate activity, individual States and localities are often severely hampered in combating illegal handgun purchases--even States and localities that have made strong efforts to prevent, detect, and punish gun-related crime and illegal trafficking of firearms--as a result of the failure or inability of other States or localities to take strong measures; and

`(N) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to ensure, by enactment of this section, that criminals and other prohibited persons do not obtain firearms through gun traffickers.

`(2) It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer--

`(A) during any 30-day period, to sell, deliver, or transfer 2 or more handguns to any single person (other than a licensed importer, licensed manufacturer, or licensed dealer), or

`(B) to sell, deliver, or transfer a handgun to any single person (other than a licensed importer, licensed manufacturer, or licensed dealer), knowing or having reasonable cause to believe that the transferee has already received 1 or more handguns within the previous 30 days.

`(3)(A) It shall be unlawful for any person (other than a licensed importer, licensed manufacturer, or licensed dealer) to receive more than one handgun within any 30-day period.

`(B) Under such rules and regulations as the Attorney General shall prescribe, subparagraph (A) shall not apply to the loan or rental of a single handgun solely for purposes of target shooting, provided that the recipient possesses no more than one such loaned or rented handgun at any one time.

`(4) Under such rules and regulations as the Attorney General shall prescribe, paragraphs (2) and (3) shall not apply to--

`(A) handguns transferred to or received by qualified private security companies licensed to do business within the State where the transfer occurs for use by the company in its security operations, provided that any handgun transferred under this subsection is transferred through a licensed dealer located in the State where the security company is licensed to do business;

`(B) the disposition made of a handgun delivered to a person licensed under section 923 for the sole purpose of repair or customizing when such handgun or a replacement handgun of the same kind and type is returned to the person from whom it was received;

`(C) the loan or rental of a single handgun from a person licensed under section 923, provided that the recipient possesses no more than one such loaned or rented handgun at any one time;

`(D) the redemption of pawned handguns from a person licensed under section 923 by the person from whom the handguns were received;

`(E) the receipt of curio or relic handguns by a licensed collector;

`(F) the receipt of a single handgun from a person licensed under section 923 to replace a lost or stolen handgun of the same kind or type, where the transferee has submitted to the licensee a copy of an official police report establishing the loss or theft of a handgun or handguns;

`(G) the transfer of handguns by bequest;

`(H) the transfer of handguns to the transferor's spouse, child, parent, stepparent, grandparent, grandchild, brother, or sister;

`(I) the transfer of all or part of a personal firearms collection (as that term is defined in regulations to be prescribed by the Attorney General) that includes handguns, provided that the handguns in the collection are transferred through a licensed importer, manufacturer, or dealer located in the State where the transferee resides; or

`(J) the transfer or receipt of a handgun for the use of the United States or any department or agency thereof or of any State or any department, agency or political subdivision thereof.'.

(b) PENALTIES- Section 924(a)(2) of such title is amended by striking `or (o)' and inserting `(o), or (z)'.

(c) INCREASED PENALTIES FOR LICENSEES WHO KNOWINGLY MAKE FALSE STATEMENTS IN REQUIRED RECORDS-

(1) Section 924(a)(3) of such title is amended--

(A) by striking `(A)';

(B) by striking `or' after `chapter';

(C) by striking subsection (B); and

(D) by striking `one year' and inserting `5 years'.

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

`(7) Any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly violates section 922(m) shall be fined under this title, imprisoned not more than 1 year, or both.'.

(d) CONFORMING CHANGES TO THE BRADY LAW- Section 922(t) of such title is amended--

(1) in paragraph (1)(B)(ii), by striking `(g) or (n)' and inserting `(g), (n), or (z)';

(2) in paragraph (2), by striking `(g) or (n)' and inserting `(g), (n), or (z)';

(3) in paragraph (3), by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively;

(4) in paragraph (4), by striking `(g) or (n)' and inserting `(g), (n), or (z)'; and

(5) by adding at the end the following:

`(10) A licensee must, within three days of receiving a request from the prospective transferee, notify the national instant criminal background check system of any background check conducted pursuant to this section within the previous 30 days that did not result in the transfer of a handgun.

`(11) Information that is retained pursuant to Public Law 103-159 may be used to effectuate section 922(z) of this title.'.

(e) EFFECTIVE DATE- The Attorney General shall determine, and publish in the Federal Register, the date on which this section shall become effective.

END