106th CONGRESS
2d Session
Firearm Licensing &
Record of Sale Act
S. 2525
To provide for
the implementation of a system of licensing for purchasers of certain firearms
and for a record of sale system for those firearms, and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 9, 2000
Mrs. FEINSTEIN (for
herself, Mr. LAUTENBERG, Mrs. BOXER, and Mr. SCHUMER)
introduced the following bill; which was read twice and referred to the Committee
on the Judiciary
A BILL
To provide for the implementation of a system
of licensing for purchasers of certain firearms and for a record of sale system
for those firearms, and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Firearm
Licensing and Record of Sale Act of 2000'.
(b) TABLE OF CONTENTS- The table of contents for this
Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
TITLE I--LICENSING
Sec. 101. Licensing requirement.
Sec. 102. Application requirements.
Sec. 103. Issuance of license.
Sec. 104. Renewal of license.
Sec. 105. Revocation of license.
TITLE II--RECORD OF SALE OR TRANSFER
Sec. 201. Sale and transfer requirements for qualifying
firearms.
Sec. 202. Firearm records.
TITLE III--ADDITIONAL PROHIBITIONS
Sec. 301. Universal background check requirement.
Sec. 302. Failure to maintain or permit inspection of
records.
Sec. 303. Failure to report loss or theft of firearm.
Sec. 304. Failure to provide notice of change of address.
Sec. 305. Child access prevention.
TITLE IV--ENFORCEMENT
Sec. 401. Criminal penalties.
Sec. 405. Injunctive enforcement.
TITLE V--FIREARM INJURY INFORMATION AND RESEARCH
Sec. 501. Duties of the Secretary.
TITLE VI--EFFECT ON STATE LAW
Sec. 601. Effect on State law.
Sec. 602. Certification of State firearm licensing and
record of sale systems.
TITLE VII--RELATIONSHIP TO OTHER LAW
Sec. 701. Subordination to Arms Export Control Act.
TITLE VIII--INAPPLICABILITY
Sec. 801. Inapplicability to governmental authorities.
TITLE IX--EFFECTIVE DATE
Sec. 901. Effective date of amendments.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS- Congress finds that--
(1) the manufacture, distribution, and importation of
firearms is inherently commercial in nature;
(2) firearms regularly move in interstate commerce;
(3) firearms trafficking is so prevalent and widespread
in and among the States that it is usually impossible to distinguish between
intrastate trafficking and interstate trafficking;
(4) to the extent that firearms trafficking is intrastate
in nature, it arises out of and is substantially connected with a commercial
transaction, which, when viewed in the aggregate, substantially affects interstate
commerce;
(5) because the intrastate and interstate trafficking
of firearms are so commingled, full regulation of interstate commerce requires
the incidental regulation of intrastate commerce; and
(6) it is in the national interest and within the role
of the Federal Government to ensure that the regulation of firearms is uniform
among the States, that law enforcement can quickly and effectively trace firearms
used in crime, and that firearms owners know how to use and safely store their
firearms.
(b) PURPOSES- The purposes of this Act and the amendments
made by this Act are--
(1) to protect the public against the unreasonable risk
of injury and death associated with the unrecorded sale or transfer of qualifying
firearms to criminals and youth;
(2) to ensure that owners of qualifying firearms are
knowledgeable in the safe use, handling, and storage of those firearms;
(3) to restrict the availability of qualifying firearms
to criminals, youth, and other persons prohibited by Federal law from receiving
firearms; and
(4) to facilitate the tracing of qualifying firearms
used in crime by Federal and State law enforcement agencies.
SEC. 3. DEFINITIONS.
(a) IN GENERAL- In this Act:
(1) FIREARM; LICENSED DEALER; LICENSED MANUFACTURER-
The terms `firearm', `licensed dealer', and `licensed manufacturer' have the
meanings given those terms in section 921(a) of title 18, United States Code.
(2) QUALIFYING FIREARM- The term `qualifying firearm'
has the meaning given the term in section 921(a) of title 18, United States
Code, as amended by subsection (b) of this section.
(3) SECRETARY- The term `Secretary' means the Secretary
of the Treasury.
(4) STATE- The term `State' means each of the several
States of the United States and the District of Columbia.
(b) AMENDMENT TO TITLE 18, UNITED STATES CODE- Section
921(a) of title 18, United States Code, is amended by adding at the end the
following:
`(35) The term `qualifying firearm'--
`(ii) any semiautomatic firearm that can accept
any detachable ammunition feeding device; and
`(B) does not include any antique.'.
TITLE I--LICENSING
SEC. 101. LICENSING REQUIREMENT.
Section 922 of title 18, United States Code, is amended
by inserting after subsection (y) the following:
`(z) FIREARM LICENSING REQUIREMENT-
`(1) IN GENERAL- It shall be unlawful for any person
other than a licensee to possess a qualifying firearm on or after the applicable
date, unless that person has been issued a firearm license--
`(A) under title I of the Firearm Licensing and Record
of Sale Act of 2000, which license has not been invalidated or revoked under
that title; or
`(B) pursuant to a State firearm licensing and record
of sale system certified under section 602 of the Firearm Licensing and
Record of Sale Act of 2000, which license has not been invalidated or revoked
under State law.
`(2) APPLICABLE DATE- In this subsection, the term `applicable
date' means--
`(A) with respect to a qualifying firearm that is
acquired by the person before the date of enactment of the Firearm Licensing
and Record of Sale Act of 2000, 10 years after such date of enactment; and
`(B) with respect to a qualifying firearm that is
acquired by the person on or after the date of enactment of the Firearm
Licensing and Record of Sale Act of 2000, 1 year after such date of enactment.'.
SEC. 102. APPLICATION REQUIREMENTS.
(a) IN GENERAL- In order to be issued a firearm license
under this title, an individual shall submit to the Secretary (in accordance
with the regulations promulgated under subsection (b)) an application, which
shall include--
(1) a current, passport-sized photograph of the applicant
that provides a clear, accurate likeness of the applicant;
(2) the name, address, and date and place of birth of
the applicant;
(3) any other name that the applicant has ever used
or by which the applicant has ever been known;
(4) a clear thumb print of the applicant, which shall
be obtained from the applicant when the application is submitted;
(5) with respect to each category of person prohibited
under Federal law from obtaining a firearm, a statement that the individual
is not such a person;
(6) a certification by the applicant that applicant
will keep any firearm owned by the applicant safely stored and out of the
possession of juveniles;
(7) a certificate attesting to the completion at the
time of application of a written firearms examination, which shall test the
knowledge and ability of the applicant regarding--
(A) the safe storage of firearms, particularly in
the vicinity of juveniles;
(B) the safe handling of firearms;
(C) the use of firearms in the home and the risks
associated with such use;
(D) the legal responsibilities of firearms owners,
including Federal, State, and local laws relating to requirements for the
possession and storage of firearms, and relating to reporting requirements
with respect to firearms; and
(E) any other subjects, as the Secretary determines
to be appropriate;
(8) the date on which the application was submitted;
and
(9) the signature of the applicant.
(b) REGULATIONS GOVERNING SUBMISSION- The Secretary shall
promulgate regulations specifying procedures for the submission of applications
to the Secretary under this section, which regulations shall--
(1) provide for submission of the application through
a licensed dealer or an office or agency of the Federal Government designated
by the Secretary;
(2) require the applicant to provide clear evidence
of the identity and age of the applicant to the licensed dealer or to the
office or agency of the Federal Government, as applicable, at the time of
submission of the application to that dealer, office, or agency; and
(3) require that a completed application be forwarded
to the Secretary not later than 48 hours after the application is submitted
to the licensed dealer or office or agency of the Federal Government, as applicable.
(1) IN GENERAL- The Secretary shall charge and collect
from each applicant for a license under this title a fee in an amount determined
in accordance with paragraph (2).
(2) FEE AMOUNT- The amount of the fee collected under
this subsection shall be not less than the amount determined by the Secretary
to be necessary to ensure that the total amount of all fees collected under
this subsection during a fiscal year is sufficient to cover the costs of carrying
out this title during that fiscal year, except that such amount shall not
exceed $25.
SEC. 103. ISSUANCE OF LICENSE.
(a) IN GENERAL- The Secretary shall issue a firearm license
to an applicant who has submitted an application that meets the requirements
of section 102, if the individual is not prohibited by subsection (g) or (n)
of section 922 of title 18, United States Code, from receiving a firearm.
(b) EFFECT OF ISSUANCE TO PROHIBITED PERSON- A firearm
license issued under this section shall be null and void if issued to a person
who is prohibited by subsection (g) or (n) of section 922 of title 18, United
States Code, from receiving a firearm.
(c) FORM OF LICENSE- A firearm license issued under this
section shall be in the form of a tamper-resistant card, and shall include--
(1) the photograph of the licensed individual submitted
with the application;
(2) the address of the licensed individual;
(3) the date of birth of the licensed individual;
(4) a license number, unique to each licensed individual;
(5) the expiration date of the license, which shall
be the date that is 5 years after the initial anniversary of the date of birth
of the licensed individual following the date on which the license is issued
(or in the case of a license renewal, following the date on which the license
is renewed under section 104);
(6) the signature of the licensed individual provided
on the application, or a facsimile thereof; and
(7) centered at the top of the license, capitalized,
and in bold-face type, the following statement:
`FIREARM LICENSE--NOT VALID FOR ANY OTHER PURPOSE'.
SEC. 104. RENEWAL OF LICENSE.
(a) APPLICATION FOR RENEWAL-
(1) IN GENERAL- In order to renew a firearm license
issued under this title, not later than 30 days before the expiration date
of the license, the licensed individual shall submit to the Secretary (in
accordance with the regulations promulgated under paragraph (3)), in a form
approved by the Secretary, an application for renewal of the license.
(2) CONTENTS- An application submitted under paragraph
(1) shall include--
(A) a current, passport-sized photograph of the applicant
that provides a clear, accurate likeness of the applicant;
(B) current proof of identity of the licensed individual;
and
(C) the address of the licensed individual.
(3) REGULATIONS GOVERNING SUBMISSION- The Secretary
shall promulgate regulations specifying procedures for the submission of applications
under this subsection.
(b) ISSUANCE OF RENEWED LICENSE- Upon approval of an application
submitted under subsection (a), the Secretary shall issue a renewed license,
which shall meet the requirements of section 103(c), except that the license
shall include the current photograph and address of the licensed individual,
as provided in the application submitted under this section, and the expiration
date of the renewed license, as provided in section 103(c)(5).
SEC. 105. REVOCATION OF LICENSE.
(a) IN GENERAL- If an individual to whom a license has
been issued under this title subsequently becomes a person who is prohibited
by subsection (g) or (n) of section 922 of title 18, United States Code, from
receiving a firearm--
(1) the license is revoked; and
(2) the individual shall promptly return the license
to the Secretary.
(b) ADMINISTRATIVE ACTION- Upon receipt by the Secretary
of notice that an individual to whom a license has been issued under this title
has become a person described in subsection (a), the Secretary shall ensure
that the individual promptly returns the license to the Secretary.
TITLE II--RECORD OF SALE OR TRANSFER
SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALIFYING
FIREARMS.
Section 922 of title 18, United States Code, is amended
by inserting after subsection (z) (as added by section 101 of this Act) the
following:
`(aa) UNAUTHORIZED SALE OR TRANSFER OF A QUALIFYING FIREARM-
It shall be unlawful for any person other than a licensee to sell, deliver,
or otherwise transfer a qualifying firearm to, or receive a qualifying firearm
from, any person other than a licensee unless, at the time and place of the
transfer or receipt--
`(1) the transferee presents to a licensed dealer a
valid firearm license issued to the transferee--
`(A) under title I of the Firearm Licensing and Record
of Sale Act of 2000; or
`(B) pursuant to a State firearm licensing and record
of sale system certified under section 602 of the Firearm Licensing and
Record of Sale Act of 2000 established by the State in which the transfer
or receipt occurs;
`(2) the licensed dealer contacts the Secretary or the
head of the State agency that administers the certified system described in
paragraph (1)(B), as applicable, and receives notice that the transferee has
been issued a firearm license described in paragraph (1); and
`(3) the licensed dealer records on a document (which,
in the case of a sale, shall be the sales receipt) a tracking authorization
number provided by the Secretary or the head of the State agency, as applicable,
as evidence that the licensed dealer has verified the validity of the license.'.
SEC. 202. FIREARM RECORDS.
(a) SUBMISSION OF SALE OR TRANSFER REPORTS- Not later
than 14 days after the date on which the transfer of qualifying firearm is processed
by a licensed dealer under section 922(aa) of title 18, United States Code (as
added by section 201 of this title), the licensed dealer shall submit to the
Secretary (or, in the case of a licensed dealer located in a State that has
a State firearm licensing and record of sale system certified under section
602, to the head of the State agency that administers that system) a report
of that transfer, which shall include information relating to--
(1) the manufacturer of the firearm;
(2) the model name or number of the firearm;
(3) the serial number of the firearm;
(4) the date on which the firearm was received by the
transferee;
(5) the number of a valid firearm license issued to
the transferee under title I; and
(6) the name and address of the individual who transferred
the firearm to the transferee.
(b) FEDERAL RECORD OF SALE SYSTEM- Not later than 9 months
after the date of enactment of this Act, the Secretary shall establish and maintain
a Federal record of sale system, which shall include the information included
in each report submitted to the Secretary under subsection (a).
(c) ELIMINATION OF PROHIBITION ON ESTABLISHMENT OF SYSTEM
OF REGISTRATION- Section 926(a) of title 18, United States Code, is amended
by striking the second sentence.
TITLE III--ADDITIONAL PROHIBITIONS
SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIREMENT.
Section 922 of title 18, United States Code, is amended
by inserting after subsection (aa) (as added by section 201 of this Act) the
following:
`(bb) UNIVERSAL BACKGROUND CHECK REQUIREMENT- It shall
be unlawful for any person other than a licensee to sell, deliver, or otherwise
transfer a firearm to any person other than a licensee, unless that transfer
is processed through a licensed dealer in accordance with subsection (t).'.
SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION OF
RECORDS.
Section 922 of title 18, United States Code, is amended
by inserting after subsection (bb) (as added by section 301 of this title) the
following:
`(cc) FAILURE TO MAINTAIN OR PERMIT INSPECTION OF RECORDS-
It shall be unlawful for a licensed manufacturer or a licensed dealer to fail
to maintain such records, or to supply such information (including firearm transfer
information that a licensed dealer has agreed to provide), as the Secretary
may require in order to ascertain compliance with the Firearm Licensing and
Record of Sale Act of 2000 and the regulations and orders issued under that
Act.'.
SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIREARM.
Section 922 of title 18, United States Code, is amended
by inserting after subsection (cc) (as added by section 302 of this title) the
following:
`(dd) FAILURE TO REPORT LOSS OR THEFT OF FIREARM- It shall
be unlawful for any person who owns a qualifying firearm to fail to report the
loss or theft of the firearm to the Secretary within 72 hours after the loss
or theft is discovered.'.
SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF ADDRESS.
Section 922 of title 18, United States Code, is amended
by inserting after subsection (dd) (as added by section 303 of this title) the
following:
`(ee) FAILURE TO PROVIDE NOTICE OF CHANGE OF ADDRESS-
It shall be unlawful for any individual to whom a firearm license has been issued
under title I of the Firearm Licensing and Record of Sale Act of 2000 to fail
to report to the Secretary a change in the address of that individual within
60 days of that change of address.'.
SEC. 305. CHILD ACCESS PREVENTION.
Section 922 of title 18, United States Code, is amended
by inserting after subsection (ee) (as added by section 304 of this title) the
following:
`(ff) CHILD ACCESS PREVENTION-
`(1) DEFINITION OF CHILD- In this subsection, the term
`child' means an individual who has not attained the age of 18 years.
`(2) PROHIBITION AND PENALTIES- Except as provided in
paragraph (3), it shall be unlawful for any person to keep a loaded firearm,
or an unloaded firearm and ammunition for the firearm, any 1 of which has
been shipped or transported in interstate or foreign commerce, within any
premises that is under the custody or control of that person, if--
`(i) knows, or recklessly disregards the risk, that
a child is capable of gaining access to the firearm; and
`(I) knows, or recklessly disregards the risk,
that a child will use the firearm to cause the death of, or serious
bodily injury (as defined in section 1365 of this title) to, the child
or any other person; or
`(II) knows, or reasonably should know, that possession
of the firearm by a child is unlawful under Federal or State law; and