S 892
S892 Chafee (R-RI) 05/05/93 (404 lines)
Introduced in Senate
Public Health and Safety Act of 1993.
Special typefaces used in this bill version:
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Item Key: 4152
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103D CONGRESS
1ST SESSION
S. 892
To prohibit the manufacture, importation, exportation, sale,
purchase, transfer, receipt, possession, or transportation of
handguns and handgun ammunition, with certain exceptions.
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IN THE SENATE OF THE UNITED STATES
May 5 (legislative day, APRIL 19), 1993
Mr. CHAFEE (for himself and Mr. PELL) introduced the following bill;
which was read twice and referred to the Committee on the
Judiciary
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A BILL
To prohibit the manufacture, importation, exportation, sale,
purchase, transfer, receipt, possession, or transportation of
handguns and handgun ammunition, with certain exceptions.
//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 "Public Health and Safety Act of
1993".
!!SEC. 2. FINDINGS AND DECLARATIONS.!!
The Congress finds and declares that--
(1) the number of privately held handguns has more than
doubled--from 33,000,000 in 1973 to more than 70,000,000 today--
in the past two decades alone, and the number of handguns in
circulation continues to increase by 2,000,000 handguns each
year;
(2) handguns play a major role, disproportionate to their
number in comparison with rifles and shotguns, in violent crime,
intentional and accidental death, and intentional and accidental
injury;
(3) while the number of homicides committed with long guns
has remained relatively stable, the number of handgun homicides
has set new records every year since 1987, matching pace with
the skyrocketing national homicide rate;
(4) the number of handgun-related incidents in elementary
and secondary schools has increased sharply, with significant
numbers of schoolchildren in rural and urban areas reporting
easy access to and frequent carrying to school of handguns; and
the presence of handguns in school not only provokes worry among
parents and children but also causes much needed school funds to
be diverted for purchase of security equipment;
(5) handgun violence places considerable strain on the
national health care system and is a major contributor to its
escalating costs, with at least $4,000,000,000 being spent
annually on emergency care, hospitalization, follow-up care,
rehabilitation, and medication;
(6) handguns kept in the home are of less value than is
commonly thought in defending against intruders, and they are
far more likely to increase significantly the danger of a
handgun fatality or injury to the inhabitants (including
children) than to enhance their personal safety;
(7) violent crime and injury committed with handguns
constitute a burden upon and interfere with interstate and
foreign commerce, and threaten the domestic tranquility of the
Nation; and
(8) current Federal firearms policy is wholly inadequate to
counteract the social, economic, and financial costs exacted by
handguns to our society.
!!SEC. 3. AMENDMENT OF TITLE 18, UNITED STATES CODE.!!
Chapter 44 of title 18, United States Code, is amended--
(1) by--
(A) redesignating the text of the chapter as subchapter
A;
(B) inserting after the chapter heading the following:
"Subchapter
"A. Firearms In General................................ 921
"B. Handguns........................................... 941
"SUBCHAPTER A--FIREARMS IN GENERAL";
and
(C) striking "this chapter" each place it appears and
inserting "this subchapter"; and
(2) by adding at the end the following new subchapter:
"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
clubs.
"946. Voluntary delivery to law enforcement agency; reimbursement.
"947. Penalties.
"948. Regulations.
"949. Relation to other law.
"950. Severability.
!!"S 941. Definitions!!
"(a) TERMS DEFINED IN SECTION 921.--Unless otherwise defined in
subsection (b), a term used in this subchapter that is defined in
section 921 has the meaning stated in that section.
"(b) ADDITIONAL TERMS.--As used in this subchapter:
" `Handgun' means any firearm including a pistol or
revolver that is designed to be fired by the use of a single
hand, or any combination of parts from which such a firearm can
be assembled.
" `Handgun ammunition' means ammunition that is designed
for use primarily in a handgun.
" `Handgun club' means a club organized for bona fide
target shooting with handguns.
" `Licensed handgun club' means a hundgun club that is
licensed under section 943.
" `Registered security guard service' means a security
guard service that is registered under section 944.
" `Security guard service' means an entity that engages in
the business of providing security guard services to the public.
!!"S 942. Unlawful acts!!
"(a) OFFENSE.--Except as provided in subsections (b) and (c),
it is unlawful for a person to manufacture, import, export, sell,
buy, transfer, receive, own, possess, transport, or use a handgun or
handgun ammunition.
"(b) EXCEPTIONS.--Subsection (a) does not apply to--
"(1) the Army, Navy, Air Force, Marine Corps, Coast Guard,
and National Guard;
"(2) Federal, State, or local government agencies charged
with law enforcement duties that require its officers to possess
handguns;
"(3) registered security guard services; or
"(4) licensed handgun clubs and members of licensed handgun
clubs.
"(c) APPROVED TRANSACTIONS.--Pursuant to regulations issued by
the Secretary, the Secretary may approve the manufacture,
importation, sale, purchase, transfer, receipt, ownership,
possession, transportation, and use of a handgun or handgun
ammunition by licensed manufacturers, licensed importers, and
licensed dealers as necessary to meet the lawful requirements of the
persons and entities described in subsection (b).
!!"S 943. Licensing of handgun clubs!!
"(a) HANDGUN CLUBS.--Pursuant to regulations issued by the
Secretary, the Secretary may issue a license to a handgun club if--
"(1) no member of the handgun club is a person whose
membership and participation in the club is in violation of
State or local law;
"(2) no member of the handgun club is prohibited from
transporting, shipping, or receiving firearms or ammunition in
interstate or foreign commerce under section 922 (g) or (h);
"(3) no member of the handgun club has willfully violated
this chapter or any regulations issued under this chapter;
"(4) the handgun club has not willfully failed to disclose
any material information required, or has not made any false
statement as to any material fact in connection with its
application;
"(5) the club has been founded and operated for bona fide
target shooting; and
"(6) the handgun club--
"(A) has permanent premises from which it operates;
"(B) maintains possession and control of the handguns
used by its members;
"(C)(i) has procedures and has facilities on its
premises for keeping such handguns in a secure place, under
the control of a designated officer of the club; or
"(ii) has made arrangements for the storage of the
members' handguns in a facility of the local police
department or other law enforcement agency,
at all times when they are not being used for target
shooting; and
"(D) meets all operational, safety, security, training,
and other requirements that the Secretary may prescribe by
regulation.
"(b) REVOCATION.--The secretary shall revoke the license of a
licensed handgun club that does not continue to meet the
requirements of subsection (a).
"(c) LICENSE FEE.--A licensed handgun club shall pay to the
Secretary an annual license fee of $25.
!!"S 944. Registration of security guard services!!
"(a) SECURITY GUARD SERVICES.--Under regulations issued by the
Secretary, the Secretary may approve the registration of a security
guard service if--
"(1)(A) the security guard service has procedures and has
facilities on its premises for keeping its handguns in a secure
place, under the control of a designated officer of the security
guard service; or
"(B) has made arrangements for the storage of its handguns
in a facility of the local police department or other law
enforcement agency, at all times when such handguns are not in
use for legitimate business purposes;
"(2) the security guard service has obtained all necessary
State and local licenses and meet all State and local
requirements to engage in the business of providing security
guard service; and
"(3) the security guard service meets all operational,
safety, security, training, and other requirements that the
Secretary may prescribe by regulation.
"(b) REVOCATION.--The Secretary shall revoke the registration
of a registered security guard service that does not continue to
meet the requirements of subsection (a).
"(c) REGISTRATION FEE.--A registered security guard service
shall pay to the Secretary an annual registration fee of $50.
!!"S 945. Recordkeeping and reports; transfers to licensed handgun
clubs!!
"(a) RECORDKEEPING.--A licensed manufacturer, licensed importer,
licensed dealer, licensed handgun club or member of a licensed
handgun club, or registered security guard service that sells or
otherwise transfers handguns or handgun ammunition shall--
"(1) maintain records of sales, transfers, receipts, and
other dispositions of handguns and handgun ammunition in such
form as the Secretary may by regulation provide; and
"(2) permit the Secretary to enter the premises at
reasonable times for the purpose of inspecting such records.
"(b) REPORTS OF LOSS OR THEFT.--(1) A licensed handgun club or
registered security guard service shall report to the Secretary a
loss or theft of any handgun in its possession or the possession of
one of its members of employees not later than thirty days after the
loss or theft is discovered.
"(2) A report made under subsection (a) shall include such
information as the Secretary by regulation shall prescribe,
including the date and place of theft or loss.
"(c) TRANSFERS TO HANDGUN CLUBS.--A person that sells or
otherwise transfers a handgun to a licensed handgun club or member
of a licensed handgun club shall be shipped or otherwise delivered
directly to the premises of the licensed handgun club where the
handgun will be kept.
!!"S 946. Voluntary delivery to law enforcement agency;
reimbursement!!
"(a) DELIVERY.--A person may at any time voluntarily deliver to
any Federal, State, or local law enforcement agency designated by
the Secretary a handgun owned or possessed by the person.
"(b) DISPOSITION.--The Secretary shall arrange with each agency
designated to receive handguns for the transfer, destruction, or
other disposition of handguns delivered under subsection (a).
"(c) REIMBURSEMENT.--The Secretary shall pay to a person who
delivers a handgun under subsection (a) on or prior to the date that
is one hundred eighty days after the date of enactment of this
subchapter an amount equal to the greater of--
"(1) $25; or
"(2) the fair market value of the gun as determined by the
Secretary.
"(d) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to
be appropriated to the Secretary such sums as are necessary to make
such payments under subsection (c).
!!S 947. Penalties!!
(a) VIOLATION OF SECTION 942.--(1) Except as provided in
paragraph (2), a person who violates section 942 shall be fined not
more than $5,000, imprisoned not more than five years, or both.
"(2) A person who voluntarily delivers a handgun under section
946(a) after the date that is one hundred eighty days after the date
of enactment of this subchapter shall not be subject to criminal
prosecution for possession of the handgun under any Federal, State,
or local law, but shall pay to the Secretary a civil penalty in an
amount determined by the Secretary, not to exceed $500.
"(b) FAILURE TO REPORT LOSS OR THEFT.--A licensed handgun club
or registered security guard service that fails to report a loss or
theft of a handgun as required by section 945(b)--
"(1) in the case of a negligent failure to report or a
negligent failure to discover the loss or theft, shall pay to
the Secretary a civil penalty in an amount determined by the
Secretary, not to exceed $1,000; and
"(2) in the case of an intentional failure to report, shall
be fined not more than $5,000, its officer designated under
section 943(a)(6)(C)(i) or 944(a)(1)(A) imprisoned not more than
five years, or both.
"(c) FAILURE TO DELIVER TO PREMISES OF LICENSED HANDGUN CLUB.--
A person that sells or otherwise transfers a handgun to a licensed
handgun club or member of a licensed handgun club that causes the
handgun to be shipped or otherwise delivered by any means or to any
place other than directly to the premises of the licensed handgun
club where the handgun will be kept, in violation of section 945(c)--
"(1) in the case of a negligent delivery to an unauthorized
place, shall pay to the Secretary a civil penalty in an amount
determined by the Secretary, not to exceed $1,000; and
"(2) in the case of an intentional delivery to an
unauthorized place, shall be fined not more than $5,000,
imprisoned not more than five years, or both.
"(d) FALSE STATEMENT OR REPRESENTATION.--(1) A person who--
"(A) makes a false statement or representation with respect
to information required by this subchapter to be kept in the
records of an importer, manufacturer, dealer, or handgun club
licensed under this subchapter or security guard service
registered under this subchapter; or
"(B) makes a false statement or representation in applying
for a handgun club license or security guard service
registration under this subchapter,
shall be subject to penalty under paragraph (2).
"(2)(A) In the case of a negligent making of a false statement
or representation described in paragraph (1), the person shall pay
to the Secretary a civil penalty in an amount determined by the
Secretary, not to exceed $1,000; and
"(B) in the case of an intentional making of a false statement
or representation described in paragraph (1), the person shall be
fined not more than $5,000, imprisoned not more than five years, or
both.
"(e) FAILURE TO KEEP OR PERMIT INSPECTION OF RECORDS.--A person
who fails to keep or permit inspection of records in violation of
section 945(a)--
"(1) in the case of a negligent failure to maintain records,
shall pay to the Secretary a civil penalty in an amount
determined by the Secretary, not to exceed $1,000; and
"(2) in the case of an intentional failure to maintain
records or any failure to permit inspection of records, shall be
fined not more than $5,000, and its chief executive officer or
other person responsible for the failure shall be imprisoned not
more than five years, or both.
"(f) FORFEITURE.--Any handgun or handgun ammunition involved or
used in, or intended to be used in, a violation of this subchapter
or any regulation issued under this subchapter, or any violation of
any other criminal law of the United States, shall be subject to
seizure and forfeiture, and all provisions of the Internal Revenue
Code of 1986 relating to the seizure, forfeiture, and disposition of
firearms shall, so far as applicable, extend to seizures and
forfeitures under this subchapter.
!!"S 948. Regulations!!
"The Secretary may prescribe such regulations as the Secretary
deems necessary to carry out this subchapter.
!!"S 949. Relation to other law!!
"The regulation of handguns under this subchapter is in
addition to the regulation of handguns under subchapter A and any
other Federal, State, or local law.
!!"S 950. Severability!!
"If any provision of this subchapter or the application thereof
to any person or circumstance is held invalid, the remainder of the
subchapter and the application of that provision to other persons
not similarly situated or to other circumstances shall not be
affected thereby.".
!!SEC. 4. RULE OF CONSTRUCTION.!!
Nothing in this Act shall be construed as modifying or
affecting any provision of--
(1) the National Firearms Act (chapter 53 of the Internal
Revenue Code of 1956);
(2) section 414 of the Mutual Security Act of 1954 (22
U.S.C. 1934), relating to munitions control; or
(3) section 1715 of title 18, United States Code, relating
to nonmailable firearms.
!!SEC. 5. EFFECTIVE DATE.!!
(a) IN GENERAL.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
enactment of this Act.
(b) DELAYED EFFECTIVE DATE.--Sections 942 and 945 of title 18,
United States Code, as added by section 3, shall take effect on the
date that is one hundred and eighty days after the date of enactment
of this Act.