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Billno should always have and extension i.e. h1.ih

To prohibit the manufacture, importation, exportation, sale, purchase, transfer, receipt, possession, or transportation of handguns and handgun ammunition, with certain exceptions.

February 13, 1995

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

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 1995'.

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 75,000,000 today--in the past two decades alone, and the number of handguns in circulation continues to increase by 2,500,000 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 the economy, at a cost of $20,400,000,000 annually as a result of direct medical expenditures, lost productivity from injury-related illness and disability, and lost productivity from premature death;

(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.

`Sec. 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 handgun 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.

`Sec. 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, and employees of such services who are performing duties as security guards;

`(4) licensed handgun clubs; or

`(5) members of a licensed handgun club who are participating in otherwise lawful activities of the club.

`(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).

`Sec. 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, and has not made any false statement as to any material fact in connection with its application;

`(5) the handgun club has been founded and is operated for bona fide target shooting;

`(6) the handgun club--

`(A) has a single, established premises from which it operates;

`(B) has procedures for supervising the use of handguns by its members at all times;

`(C)(i) has procedures and has facilities on its premises for keeping the handguns in a secure place, under the control of a designated officer of the club, at all times when the handguns are not being used by its members; and

`(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 the handguns are not being used by its members; 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.

`Sec. 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 meets 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.

`Sec. 945. Recordkeeping and reports; transfers to licensed handgun clubs

`(a) RECORDKEEPING-

`(1) IN GENERAL- A licensed manufacturer, licensed importer, licensed dealer, licensed handgun club, or registered security guard service that sells or otherwise transfers a handgun or handgun ammunition shall--

`(A) maintain records of such sales, transfers, receipts, and other dispositions of handguns and handgun ammunition, in such form as the Secretary may by regulation provide; and

`(B) permit the Secretary to enter its premises at reasonable times for the purpose of inspecting such records.

`(2) MEMBERS OF LICENSED HANDGUN CLUBS- A member of a licensed handgun club who sells or otherwise transfers a handgun or handgun ammunition shall maintain records of such sales, transfers, receipts, and other dispositions of handguns and handgun ammunition, in such form as the Secretary may by regulation provide.

`(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 or employees not later than thirty days after the loss or theft is discovered.

`(2) A report made under paragraph (1) 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 transport or otherwise deliver the handgun directly to the premises of the licensed handgun club where the handgun will be kept.

`Sec. 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 handgun 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).

Sec. 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 who sells or otherwise transfers a handgun to a licensed handgun club or member of a licensed handgun club and 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.

`Sec. 948. Regulations

`The Secretary may prescribe such regulations as the Secretary deems necessary to carry out this subchapter.

`Sec. 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.

`Sec. 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 of this Act, shall take effect on the date that is one hundred and eighty days after the date of enactment of this Act.

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