United States

Date: 97-10-24 00:59:08 EDT

Handgun Registration Act of 1997 (Introduced in the House)

To provide for the mandatory registration of handguns.

IN THE HOUSE OF REPRESENTATIVES

January 7, 1997

Mr. (Alcie) HASTINGS of Florida introduced the following bill; which was referred to

the Committee on the Judiciary

To provide for the mandatory registration of handguns.

Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled,

This Act may be cited as the `Handgun Registration Act of 1997'.

(a) IN GENERAL- Beginning 2 years after the date of the enactment of this

Act, the Federal handgun registration system to be established by the

Attorney General under section 3(a) and the amendment made by section 3(b)

shall apply in any State during any period in which the Attorney General

finds, after opportunity for a hearing on the record, that such State is not

complying substantially with the requirements of subsection (b) of this

section.

(b) REQUIREMENTS OF STATE HANDGUN REGISTRATION SYSTEM- The

requirements of this subsection are as follows:

(1) REGISTRATION REQUIREMENT- State law must require each individual who

owns, possesses, or controls a handgun in the State to register such

handgun--

(A) in the case of handguns owned, possessed, or controlled on or before the

effective date of the State law--

(i) with a State law enforcement agency; and

(ii) within 90 days after such effective date; and

(B) in the case of handguns owned, possessed, or controlled after such

effective date--

(i) with the licensed dealer (as defined in section 921(a)(11) of title 18,

United States Code) from whom such handgun was last purchased; and

(ii) at the time the handgun is first owned, possessed, or controlled by the

individual.

(2) IMPOSITION OF PENALTIES FOR VIOLATIONS- State law must impose

the following penalties for knowing violation of the registration

requirement specified in paragraph (1):

(A) NON-SERIOUS VIOLATIONS- In the case of a violation which is not a

serious violation, the violator shall be imprisoned not less than 1 year.

(B) SERIOUS VIOLATIONS- In the case of a violation which is a serious

violation, the violator shall be imprisoned not less than 12 years.

(3) DEFINITION OF SERIOUS VIOLATION- State law must define a serious

violation of the registration requirement specified in paragraph (1) to be

any violation with respect to which 2 or more of the following conditions

are satisfied:

(A) MULTIPLE UNREGISTERED HANDGUNS- The violation consists of

the violator possessing, owning, or controlling 2 or more unregistered

handguns.

(B) UNREGISTERED HANDGUN IS OF HIGH CALIBER- The caliber of

any handgun which is the subject of the violation is greater than 0.22.

(C) VIOLATOR HAS PREVIOUS FELONY OR FIREARMS

CONVICTION- The violator has been previously convicted of a felony, or of a

violation of any Federal or State law relating to firearms.

(D) UNREGISTERED HANDGUN READILY ACCESSIBLE TO

VIOLATOR- Any handgun which is the subject of the violation was readily

accessible to the violator at the time of the violation.

(4) EASILY RETRIEVABLE RECORD OF HANDGUNS- State law must require

the State to maintain an easily retrievable record identifying--

(A) each individual who--

(i) resides, or regularly or frequently appears, in the State; and

(ii) possesses, owns, or controls a handgun; and

(B) such handgun.

(a) ESTABLISHMENT- The Attorney General shall establish a Federal handgun

registration system which contains, in an easily retrievable record,

information sufficient to identify--

(1) each resident of each State to which this subsection applies who owns,

possesses, or controls a handgun; and

(2) such handgun.

(b) HANDGUN REGISTRATION REQUIREMENT- Chapter 44 of title 18, United States

Code, is amended by adding at the end the following:

`(a) Each individual who owns, possesses, or controls a handgun in any State

to which this section applies by reason of section 2(a) of the Handgun

Registration Act of 1997 shall register such handgun--

`(1) in the case of handguns owned, possessed, or controlled on or before

the effective date of this section--

`(A) with a Federal, State, or local law enforcement agency or the licensed

dealer, if any, from whom such handgun was last purchased; and

`(B) within 90 days after such effective date; and

`(2) in the case of handguns owned, possessed, or controlled after such

effective date--

`(A) with the licensed dealer from whom such handgun was last purchased; and

`(B) at the time the handgun is first owned, possessed, or controlled by the

individual.

`(b) Whoever knowingly violates subsection (a) shall be fined not more than

$250,000, imprisoned not less than 15 years, or both. The court shall not

suspend a sentence of imprisonment imposed for an offense under this

section, and shall not impose a probationary sentence for an offense under

this section.

`(c) As used in subsection (a):

`(1) The term `handgun' means a pistol or revolver originally designed to be

fired by the use of a single hand and which is designed to fire or capable

of firing fixed cartridge ammunition, and any other firearm originally

designed to be fired by the use of a single hand.

`(2) The term `State' includes the District of Columbia and the territories

and possessions of the United States.'.

(c) EFFECTIVE DATE- The amendment made by subsection (b) shall apply to

conduct engaged in 2 or more years after the date of the enactment of this Act.

The Attorney General shall order the termination of all assistance under

each of parts D, E, and G of title I of the Omnibus Crime Control and Safe

Streets Act of 1968 to each State, and each recipient in such State, during

any period in which the Federal handgun registration system established

under section 3(a) of this Act applies to such State.

As used in this Act:

(1) HANDGUN- The term `handgun' means a pistol or revolver originally

designed to be fired by the use of a single hand and which is designed to

fire or capable of firing fixed cartridge ammunition, and any other firearm

(as defined in section 921(a)(3) of title 18, United States Code) originally

designed to be fired by the use of a single hand.

(2) STATE- The term `State' includes the District of Columbia and the

territories and possessions of the United States.