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Text File | 1991-04-25 | 14.8 KB | 291 lines

TO........All FROM......Lester Garrett @ 914/213 SUBJECT...The Brady Bill (text) DATE......04:10am 23-Apr-91 (With grateful appreciate to Ray Majewski in the SmartNet LEGAL echo.) 102D CONGRESS 1ST SESSION S.257 To ammend title 18, United States Code, to require a waiting period before the purchase of a handgun. --------------------------------------------------- IN THE SENATE OF THE UNITED STATES JANUARY 23 (legislative day JANUARY 3), 1991 Mr. METZENBAUM (for himself, Mrs. KASSEBAUM, Mr. CHAFEE, Mr. KENNEDY, Mr. SIMON, Mr. PELL, Mr. LAUTENBERG, Ms. MIKULSKI, Mr. MOYNIHAN, Mr. KERRY, Mr. AKAKA, and Mr. LEVIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary --------------------------------------------------- A BILL To ammend title 18, United States Code, to require a waiting period before the purchase of a handgun. 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 "Brady Handgun Violence Prevention Act." SEC. 2. WAITING PERIOD REQUIRED BEFORE PURCHASE OF HANDGUN. (a) IN GENERAL.--Section 922 of title 18, United States Code, is amended by adding at the end the following: (s) (1) It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless-- (A) after the most recent proposal of such transfer by the transferee-- (i) the transferor has-- (I) received from the transferee a statement of the transferee containing the information described in paragraph (3); (II) verified the identification of the transferee by examining the identification document presented; and (III) within one day after the transferee furnishes the statement, provided a copy of the statement to the chief law enforcement officer of the place of residence of the transferee; and (ii)(I) the transferor has received written verification that the chief law enforcement officer has received the statement, seven days have elapsed from the date the transferee furnished the statement, and the transferor has not received information from the chief law enforcement officer that receipt or possession of the handgun by the transferee would be in violation of Federal, State, or local law; or (II) the transferor has received notice from the chief law enforcement officer that the officer has no information indicating that receipt or possession of the handgun by the transferee would violate Federal, State, or local law; (B) the transferee has presented to the transferor a written statement, issued by the chief law enforcement officer of the place of residence of the transferee during the ten day period ending on the date of the most recent proposal of such transfer by the transferee, which states that the transferee requires access to a handgun because of a threat to the life of the transferee or of any member of the household of the transferee; (C)(i) the transferee has presented to the transferor a permit which-- (I) allows the transferee to possess a handgun; and (II) was issued not more than five years earlier by the State in which the transfer is to take place; and (ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of law; (D) the law of the State-- (i) prohibits any licensed importer, licensed manufacturer, or licensed dealer from transferring a handgun to an individual who is not licensed under section 923, before at least seven days have elapsed from the date of the transferee proposes such transfer; or (ii) requires that, before any licensed importer, licensed manufacturer, or licensed dealer completes the transfer of a handgun to an individual who is not licensed under section 923, an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of law; or (E) the transferor has received a report from any system of felon identification established by the Attorney General pursuant to section 6213(a) of the Anti-Drug Abuse Act of 1988, that available information does not indicate that possession of a handgun by the transferee would violate Federal, State, or local law. (2) Paragraph (1) shall not be interpreted to require any action by a chief law enforcement officer which is not otherwise required. (3) The statement referred to in paragraph (1)(A)(i)(I) shall contain only-- (A) the name, address, and date of birth appearing on a valid identification document (as defined in section 1028(d)(1) of the transferee containing a photograph of the transferee and a description of the identification used; (B) a statement that transferee-- (i) is not under indictment for, and has not been convicted in any court fo, a crime punishable by imprisonment for a term exceeding one year; (ii) is not a fugitive from justice; (iii) is not an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substance Act); (iv) has not been adjucated as a mental defective or been committed to a mental institution; (v) is not an alien who is illegally or unlwafully in the United States; (vi) has not been discharged from the Armed Forces under dishonorable conditions; and (vii) is not a person who, having been a citizen of the United States, has renounced such citizenship; (C) the date the statement is made; and (D) notice that the transferee intends to obtain a handgun from the transferor. (4) Any transferor of a handgun who, after such transfer, receives a report from a chief law enforcement officer containing information that receipt or possession of the handgun by the transferee violates Federal, State, or local law shall immediately communicate all information the transferor has about the transfer and the transferee to-- (A) the chief law enforcement officer of the place of business of the transferor; and (B) the chief law enforcement officer of the place of residence of the transferee. (5) Any transferor who receives information, not otherwise available to the public, in a report under this subsection shall not disclose such information except to the transferee, to law enforcement authorities, or pursuant to the direction of a court of law. (6)(A) Any transferor who sells, delivers, or otherwise transfers a handgun to a transferee shall retain the copy of the statement of the transferee with respect to the handgun transaction. (B) Unless the chief law enforcement officer to whom a copy of the statement is sent determines that a transaction would violate Federal, State, or lowal law, the officer shall, within 30 days after the date the transferee made such statement, destroy such copy and any record containing information derived from such statement. (7) For purposes of this subsection, the term 'chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer, or the designee of any such individual. (8) The Secretary shall take necessary actions to assure that the provisions of this subsection are published and disseminated to dealers and to the public.". (b) HANDGUN DEFINED.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: (29) The term 'handgun' means-- (A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and (B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.". (c) PENALTY.--Section 924(a) of such title is amended-- (1) in paragraph (1) by striking "(2) or (3)" and inserting "(2), (3), or (4)"; and (2) by adding at the end the following: "(4) Whoever knowingly violates section 922(s) shall be fined not more than $1,000, imprisoned for not more than one year, or both.". (d) EFFECTIVE DATE.--The amendments made by this Act shall apply to conduct engaged in ninety or more days after te date of the enactment of this Act. ================================================================= With much grateful appreciation to RAY MAJEWSKI who provided the text in the SmartNet LEGAL echo. -={lsg}=- ================================================================= The Brady Bill - comments Some thoughs on the Brady Bill ====================================================================== SEC. 2. WAITING PERIOD REQUIRED BEFORE PURCHASE OF HANDGUN. (s)(1) It shall be unlawful. . .to sell, deliver, or transfer a handgun . . .unless-- (ii)(I) the transferor has received written verification that the chief law enforcement officer has received the statement, seven days have elapsed from the date the transferee furnished the statement, and the transferor has not received information from the chief law enforcement officer that receipt or possession of the handgun by the transferee would be in violation of Federal, State, or local law; or Ok, so before you can sell me that .380, (1) you gotta get "written verification" from Gates that he received my statement; (2) at least a week has passed since my statement was "furnished" to Gates; and (3) Gates didn't tell you (in writing?) that I can't have it. Does this mean you can sell me the gun if a week has elapsed and you haven't hear from Gates? No, not exactly. The first clause says you can't sell it to me unless, at the very least, you've gotten a written acknowledgement that Gates got the paperwork. If you don't get the written acknowledgement, no sale. Ok. So just to be sure, each morning you trot down to police HQ carrying the forms from the previous day. You slide over to the desk, wait patiently, and when it's your turn, you offer the documents and request your written acknowledgements. But the desk Sgt. says: "I can't do dat. Dey have t' come from d' Chief. Dat's d' law. Leave 'em here and we'll send 'em upstairs." Hmmm. Well, this section does end with an "or", so let's see where that goes. (II) the transferor has received notice from the chief law enforcement officer that the officer has no information indicating that receipt or possession of the handgun by the transferee would violate Federal, State, or local law; This isn't any help. It seems to be telling you what Gates' approval statement has gotta say -- if he bothers to send you one. But there's nothing here which says he's gotta send an approval statement. Nor is there anything here which even requires that he give you the written acknowledgment from the preceding paragraph. Furthermore, there's nothing here which even requires Gates to do any investigating. Hell, as the paperwork builds up, he can just ignore it, since he's not REQUIRED to do anything. In which case we got a bill that says you gotta wait 7 days. Maybe the cops will check you out. Then again, maybe they won't. And maybe they won't even acknowledge receipt of your application. In which case, no sale. Stuff gets lost, ya know. You'll have to resubmit. Hmmm. (2) Paragraph (1) shall not be interpreted to require any action by a chief law enforcement officer which is not otherwise required. This is funny. This seems to say that nothing in paragraph 1 requires the Chief to do anything that he isn't already required to do. Translation: The bill don't require that he do anything. I don't see anything in Paragraph (1) which say that Gates is REQUIRED to take any action. Let me take another look. (1)(A)(i) says what you gotta do. (1)(B) says what I gotta do. (1)(C) seems to give me an alternative to 1B. (1)(D) don't do it. What does 1D do? We began with "It shall be unlawful unless". First we're told what _YOU_ gotta do to make it kosher. Then what _I_ gotta do. Then _MY_ alternative. Then? Hmmm. 1D seems to be saying that it's also unlawful for you to sell me the .380 unless CA has enacted similar laws. If the State don't got the same law, you better not sell it to me. (1)(E) mentions additional information which you might get bearing on the sale. And then we're at (2). Nope. I don't see anything there which SAYS that Gates GOTTA do a damned thing. Nothing that requires an acknowledgment. Nothing that requires an approval/denial. Nothing that requires an investigation. There's a whole lot there telling us what we gotta wait for, but nothing that says we gotta get it. Did I overlook something? -={lsg}=- # Origin: Laissez Nous Faire! San Francisco, CA (1:125/101) or (8:914/ 213) * Origin: Network Gateway to RBBS-NET (RBBS-PC 1:10/8)