To amend title 18, United States Code, to require persons to obtain a State license before receiving a handgun or handgun ammunition.

February 25, 2003

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

To amend title 18, United States Code, to require persons to obtain a State license before receiving a handgun or handgun ammunition.

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 Act of 2003'.

SEC. 2. STATE LICENSE REQUIRED TO RECEIVE A HANDGUN OR HANDGUN AMMUNITION.

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

`(z)(1) It shall be unlawful for any person to sell, deliver, or otherwise transfer a handgun or handgun ammunition to an individual who is not licensed under section 923 unless--

`(A) the transferor (or a licensed dealer, if State law so directs or allows)--

`(i) has examined a valid handgun license issued to the individual by the State in which the transaction takes place, and an additional valid identification document (as defined in section 1028) containing a photograph of the individual; and

`(ii) has contacted the chief law enforcement officer of the State, and been informed by the officer that the handgun license has not been revoked; and

`(B)(i) 3 business days (meaning a day on which State offices are open) have elapsed from the date on which the transferor (or licensed dealer) received the information described in subparagraph (A)(ii); or

`(ii) the individual has presented to the transferor (or licensed dealer) a written document, issued not less than 10 days earlier by the chief law enforcement officer of the State in which the individual resides, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or any member of the household of the transferee.

`(2)(A) It shall be unlawful for an individual who is not licensed under section 923 to receive a handgun or handgun ammunition in a State unless the individual possesses a valid handgun license issued to the individual by the State.

`(B) Beginning 2 years after the date of the enactment of this subsection, it shall be unlawful for an individual who is not licensed under section 923 to possess a handgun or handgun ammunition in a State unless the individual possesses a valid handgun license issued to the individual by the State.

`(3)(A) For purposes of this subsection, the term `handgun license' means a license issued under a State law that--

`(i) provides for the issuance and revocation of licenses permitting persons to receive handguns and handgun ammunition, and for the reporting of losses and thefts of handguns and handgun ammunition; and

`(ii) at a minimum, meets the requirements of this paragraph.

`(B) The State law referred to in subparagraph (A) shall provide that a handgun license shall--

`(i) be issued by the chief law enforcement officer of the State;

`(ii) contain the licensee's name, address, date of birth, and physical description, a unique license number, and a photograph of the licensee; and

`(iii) remain valid for not more than 2 years, unless revoked.

`(C) The State law referred to in subparagraph (A) shall provide that, before a handgun license is issued to an applicant, the chief law enforcement officer of the State determine that the applicant--

`(i) has attained 21 years of age;

`(ii) is a resident of the State, by examining, in addition to a valid identification document (as defined in section 1028), a utility bill or lease agreement;

`(iii) is not prohibited from possessing or receiving a handgun under Federal, State, or local law, based upon name- and fingerprint-based

research in all available Federal, State, and local recordkeeping systems, including the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act; and

`(iv) has been issued a handgun safety certificate by the State.

`(D) The State law referred to in subparagraph (A) shall provide that, if the chief law enforcement officer of the State determines that an individual is ineligible to receive a handgun license, the officer shall provide the reasons for the determination to the individual, in writing, within 20 business days after making the determination.

`(E)(i) The State law referred to in subparagraph (A) shall provide that a handgun license issued by the State shall be revoked if the chief law enforcement officer of the State determines that the licensee no longer meets the requirements of subparagraph (C).

`(ii) The State law shall provide that, within 10 days after a person receives notice from the State that the handgun license issued to the person has been revoked, the person shall return the license to the chief law enforcement officer of the State in which the licensee resides.

`(F) The State law referred to in subparagraph (A) shall provide that, within 24 hours after a handgun licensee discovers the theft of any firearm from, or the loss of any firearm by the licensee, the licensee shall report the theft or loss to--

`(i) the Attorney General;

`(ii) the chief law enforcement officer of the State; and

`(iii) appropriate local authorities,

and shall provide that any failure to make such a report shall be punishable by a civil penalty as provided by State law, with a maximum penalty of at least $1,000.

`(4)(A) For purposes of paragraph (3)(C)(iv), the term `handgun safety certificate' means a certificate issued under a State law that--

`(i) provides for the issuance of certificates attesting to the completion of a course of instruction and examination in handgun safety, consistent with this paragraph; and

`(ii) at a minimum, meets the requirements of this paragraph.

`(B) The State law referred to in subparagraph (A) shall provide that the chief law enforcement officer of a State shall issue the handgun safety certificate.

`(C) The State law referred to in subparagraph (A) shall provide that a handgun safety certificate shall not be issued to an applicant unless the chief law enforcement officer of the State determines that the applicant--

`(i) has completed a course, taught by law enforcement officers and designed by the chief law enforcement officer, of not less than 2 hours of instruction in handgun safety; and

`(ii) has passed an examination, designed by the chief law enforcement officer, testing the applicant's knowledge of handgun safety.

`(5) For purposes of this subsection, the term `chief law enforcement officer' means, with respect to a State, the chief, or equivalent officer, of the State police force, or the designee of that officer.'.

(b) DEFINITION OF HANDGUN AMMUNITION- Section 921(a) of such title is amended by adding at the end the following:

`(35) The term `handgun ammunition' means--

`(A) a centerfire cartridge or cartridge case less than 1.3 inches in length; or

`(B) a primer, bullet, or propellant powder designed specifically for use in a handgun.'.

(c) PENALTY- Section 924(a)(1)(B) of such title is amended by inserting `, or (z)' before `of section 922'.

(d) TECHNICAL CORRECTION- Section 922(t)(1)(B)(ii) of such title is amended by inserting `or State law' after `section'.

(e) FUNDING-

(1) GRANTS FOR ESTABLISHING SYSTEMS OF LICENSING AND REGISTRATION- Subject to the availability of appropriations, the Attorney General shall make a grant to each State (as defined in section 921(a)(2) of title 18, United States Code), to cover the initial startup costs associated with establishing a system of licensing pursuant to section 922(z) of title 18, United States Code.

(2) AUTHORIZATION OF APPROPRIATIONS- For grants under paragraph (1), there is authorized to be appropriated a total of $200,000,000 for fiscal year 2003 and all fiscal years thereafter.

(f) EFFECTIVE DATE- The amendments made by this section shall take effect 180 days after the date of the enactment of this Act.

SEC. 3. REQUIREMENT OF BUSINESS LIABILITY INSURANCE.

Section 923(d)(1) of title 18, United States Code, is amended--

(1) by striking the period at the end of subparagraph (F) and inserting a semicolon;

(2) by striking the period at the end of subparagraph (G) and inserting `; and'; and

(3) by adding at the end the following new subparagraph:

`(H) the applicant certifies that the business is covered by an insurance policy which provides personal injury protection, to a limit of $100,000, to any person who, while engaged in lawful activity, suffers bodily injury or death through the use of a handgun obtained as a result of the negligence of the applicant.'.