HANDGUN REGISTRATION LEGISLATION

Handgun Registration Act of 1997

(Introduced in the House)

HR 186 IH

105th CONGRESS

1st Session

H. R. 186

To provide for the mandatory registration of handguns.

IN THE HOUSE OF REPRESENTATIVES

January 7, 1997

Mr. HASTINGS of Florida introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

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,

SECTION 1. SHORT TITLE.

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

SEC. 2. FEDERAL HANDGUN REGISTRATION SYSTEM TO APPLY IN ALL STATES NOT ESTABLISHING

STATE HANDGUN REGISTRATION SYSTEM THAT MEETS CERTAIN REQUIREMENTS.

(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.

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

SEC. 3. FEDERAL HANDGUN REGISTRATION SYSTEM.

(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:

`Sec. 931. Registration of handguns

`(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.'.

date of the enactment of this Act.

SEC. 4. TERMINATION OF CERTAIN FEDERAL ASSISTANCE.

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.

SEC. 5. DEFINITIONS.

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.