Public Law 103-159


 * Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

{{SECTION|SEC. 101.|SEC. 101}}. SHORT TITLE.

 * This title may be cited as the ``Brady Handgun Violence Prevention Act´´.

{{SECTION|SEC. 102.|SEC. 102}}. FEDERAL FIREARMS LICENSEE REQUIRED TO CONDUCT CRIMINAL BACKGROUND CHECK BEFORE TRANSFER OF FIREARM TO NON-LICENSEE.

 * (a) INTERIM PROVISION.—
 * (1) IN GENERAL.—
 * Section 922 of title 18, United States Code, is amended by adding at the end the following:


 * (2) HANDGUN DEFINED.—
 * Section 921(a) of title 18, United States Code, is amended by adding at the end the following:


 * (b) PERMANENT PROVISION.—
 * Section 922 of title 18, United States Code, as amended by subsection (a)(1), is amended by adding at the end the following:


 * (c) PENALTY.—
 * Section 924(a) of title 18, United States Code, is amended—
 * (1) in paragraph (1), by striking ``paragraph (2) or (3) of´´; and
 * (2) by adding at the end the following:


 * ``(5) Whoever knowingly violates subsection (s) or (t) of section 922 shall be fined not more than $1,000, imprisoned for not more than 1 year, or both.´´.

{{SECTION|SEC. 103.|SEC. 103}}. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

 * (a) DETERMINATION OF TIMETABLES.—
 * Not later than 6 months after the date of enactment of this Act, the Attorney General shall—
 * (1) determine the type of computer hardware and software that will be used to operate the national instant criminal background check system and the means by which State criminal records systems and the telephone or electronic device of licensees will communicate with the national system;
 * (2) investigate the criminal records system of each State and determine for each State a timetable by which the State should be able to provide criminal records on an on-line capacity basis to the national system; and
 * (3) notify each State of the determinations made pursuant to paragraphs (1) and (2).


 * (b) ESTABLISHMENT OF SYSTEM.—
 * Not later than 60 months after the date of the enactment of this Act, the Attorney General shall establish a national instant criminal background check system that any licensee may contact, by telephone or by other electronic means in addition to the telephone, for information, to be supplied immediately, on whether receipt of a firearm by a prospective transferee would violate section 922 of title 18, United States Code, or State law.


 * (c) EXPEDITED ACTION BY THE ATTORNEY GENERAL.—
 * The Attorney General shall expedite—
 * (1) the upgrading and indexing of State criminal history records in the Federal criminal records system maintained by the Federal Bureau of Investigation;
 * (2) the development of hardware and software systems to link State criminal history check systems into the national instant criminal background check system established by the Attorney General pursuant to this section; and
 * (3) the current revitalization initiatives by the Federal Bureau of Investigation for technologically advanced fingerprint and criminal records identification.


 * (d) NOTIFICATION OF LICENSEES.—
 * On establishment of the system under this section, the Attorney General shall notify each licensee and the chief law enforcement officer of each State of the existence and purpose of the system and the means to be used to contact the system.


 * (e) ADMINISTRATIVE PROVISIONS.—
 * (1) AUTHORITY TO OBTAIN OFFICIAL INFORMATION.—
 * Notwithstanding any other law, the Attorney General may secure directly from any department or agency of the United States such information on persons for whom receipt of a firearm would violate subsection (g) or (n) of section 922 of title 18, United States Code or State law, as is necessary to enable the system to operate in accordance with this section. On request of the Attorney General, the head of such department or agency shall furnish such information to the system.
 * (2) OTHER AUTHORITY.—
 * The Attorney General shall develop such computer software, design and obtain such telecommunications and computer hardware, and employ such personnel, as are necessary to establish and operate the system in accordance with this section.


 * (f) WRITTEN REASONS PROVIDED ON REQUEST.—
 * If the national instant criminal background check system determines that an individual is ineligible to receive a firearm and the individual requests the system to provide the reasons for the determination, the system shall provide such reasons to the individual, in writing, within 5 business days after the date of the request.


 * (g) CORRECTION OF ERRONEOUS SYSTEM INFORMATION.—
 * If the system established under this section informs an individual contacting the system that receipt of a firearm by a prospective transferee would violate subsection (g) or (n) of section 922 of title 18, United States Code or State law, the prospective transferee may request the Attorney General to provide the prospective transferee with the reasons therefor. Upon receipt of such a request, the Attorney General shall immediately comply with the request. The prospective transferee may submit to the Attorney General information to correct, clarify, or supplement records of the system with respect to the prospective transferee. After receipt of such information, the Attorney General shall immediately consider the information, investigate the matter further, and correct all erroneous Federal records relating to the prospective transferee and give notice of the error to any Federal department or agency or any State that was the source of such erroneous records.


 * (h) REGULATIONS.—
 * After 90 days' notice to the public and an opportunity for hearing by interested parties, the Attorney General shall prescribe regulations to ensure the privacy and security of the information of the system established under this section.


 * (i) PROHIBITION RELATING TO ESTABLISHMENT OF REGISTRATION SYSTEMS WITH RESPECT TO FIREARMS.—
 * No department, agency, officer, or employee of the United States may—
 * (1) require that any record or portion thereof generated by the system established under this section be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof; or
 * (2) use the system established under this section to establish any system for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons, prohibited by section 922 (g) or (n) of title 18, United States Code or State law, from receiving a firearm.


 * (j) DEFINITIONS.—
 * As used in this section:
 * (1) LICENSEE.—
 * The term ``licensee´´ means a licensed importer (as defined in section 921(a)(9) of title 18, United States Code), a licensed manufacturer (as defined in section 921(a)(10) of that title), or a licensed dealer (as defined in section 921(a)(11) of that title).
 * (2) OTHER TERMS.—
 * The terms ``firearm´´, ``handgun´´, ``licensed importer´´, ``licensed manufacturer´´, and ``licensed dealer´´ have the meanings stated in section 921(a) of title 18, United States Code, as amended by subsection (a)(2).


 * (k) AUTHORIZATION OF APPROPRIATIONS.—
 * There are authorized to be appropriated, which may be appropriated from the Violent Crime Reduction Trust Fund established by section 1115 of title 31, United States Code, such sums as are necessary to enable the Attorney General to carry out this section.

{{SECTION|SEC. 104.|SEC. 104}}. REMEDY FOR ERRONEOUS DENIAL OF FIREARM.

 * (a) IN GENERAL.—
 * Chapter 44 of title 18, United States Code, is amended by inserting after section 925 the following new section:


 * ``may bring an action against the State or political subdivision responsible for providing the erroneous information, or responsible for denying the transfer, or against the United States, as the case may be, for an order directing that the erroneous information be corrected or that the transfer be approved, as the case may be. In any action under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.´´.


 * (b) TECHNICAL AMENDMENT.—
 * The chapter analysis for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 925 the following new item:


 * ``925A. Remedy for Erroneous Denial of Firearm.´´.

{{SECTION|SEC. 105.|SEC. 105}}. RULE OF CONSTRUCTION.

 * This Act and the amendments made by this Act shall not be construed to alter or impair any right or remedy under section 552a of title 5, United States Code.

{{SECTION|SEC. 106.|SEC. 106}}. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS.

 * (a) USE OF FORMULA GRANTS.—
 * Section 509(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3759(b)) is amended—
 * (1) in paragraph (2) by striking ``and´´ after the semicolon;
 * (2) in paragraph (3) by striking the period and inserting ``; and´´; and
 * (3) by adding at the end the following new paragraph:


 * (b) ADDITIONAL FUNDING.—
 * (1) GRANTS FOR THE IMPROVEMENT OF CRIMINAL RECORDS.—
 * The Attorney General, through the Bureau of Justice Statistics, shall, subject to appropriations and with preference to States that as of the date of enactment of this Act have the lowest percent currency of case dispositions in computerized criminal history files, make a grant to each State to be used—
 * (A) for the creation of a computerized criminal history record system or improvement of an existing system;
 * (B) to improve accessibility to the national instant criminal background system; and
 * (C) upon establishment of the national system, to assist the State in the transmittal of criminal records to the national system.
 * (2) AUTHORIZATION OF APPROPRIATIONS.—
 * There are authorized to be appropriated for grants under paragraph (1), which may be appropriated from the Violent Crime Reduction Trust Fund established by section 1115 of title 31, United States Code, a total of $200,000,000 for fiscal year 1994 and all fiscal years thereafter.

{{SECTION|SEC. 201.|SEC. 201}}. REPORTING REQUIREMENT.

 * Section 923(g)(3) of title 18, United States Code, is amended—
 * (1) in the second sentence by inserting after ``thereon,´´ the following: ``and to the department of State police or State law enforcement agency of the State or local law enforcement agency of the local jurisdiction in which the sale or other disposition took place,´´;
 * (2) by inserting ``(A)´´ after ``(3)´´; and
 * (3) by adding at the end thereof the following:

{{SECTION|SEC. 301.|SEC. 301}}. SHORT TITLE.

 * This title may be cited as the ``Federal Firearms License Reform Act of 1993´´.

{{SECTION|SEC. 302.|SEC. 302}}. PREVENTION OF THEFT OF FIREARMS.

 * (a) COMMON CARRIERS.—
 * Section 922(e) of title 18, United States Code, is amended by adding at the end the following: ``No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.´´.


 * (b) RECEIPT REQUIREMENT.—
 * Section 922(f) of title 18, United States Code, is amended—
 * (1) by inserting ``(1)´´ after ``(f)´´; and
 * (2) by adding at the end the following new paragraph:


 * ``(2) It shall be unlawful for any common or contract carrier to deliver in interstate or foreign commerce any firearm without obtaining written acknowledgement of receipt from the recipient of the package or other container in which there is a firearm.´´.


 * (c) UNLAWFUL ACTS.—
 * Section 922 of title 18, United States Code, as amended by section 102, is amended by adding at the end the following new subsection:


 * ``(u) It shall be unlawful for a person to steal or unlawfully take or carry away from the person or the premises of a person who is licensed to engage in the business of importing, manufacturing, or dealing in firearms, any firearm in the licensee's business inventory that has been shipped or transported in interstate or foreign commerce.´´.


 * (d) PENALTIES.—
 * Section 924 of title 18, United States Code, is amended by adding at the end the following new subsection:


 * ``(i)(1) A person who knowingly violates section 922(u) shall be fined not more than $10,000, imprisoned not more than 10 years, or both.
 * ``(2) Nothing contained in this subsection shall be construed as indicating an intent on the part of Congress to occupy the field in which provisions of this subsection operate to the exclusion of State laws on the same subject matter, nor shall any provision of this subsection be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this subsection.´´.

{{SECTION|SEC. 303.|SEC. 303}}. LICENSE APPLICATION FEES FOR DEALERS IN FIREARMS.

 * Section 923(a)(3) of title 18, United States Code, is amended—
 * (1) in subparagraph (A), by adding ``or´´ at the end;
 * (2) in subparagraph (B) by striking ``a pawnbroker dealing in firearms other than´´ and inserting ``not a dealer in´´;
 * (3) in subparagraph (B) by striking ``$25 per year; or´´ and inserting ``$200 for 3 years, except that the fee for renewal of a valid license shall be $90 for 3 years.´´; and
 * (4) by striking subparagraph (C).

Approved November 30, 1993.

Legislative History

 * HOUSE REPORTS:
 * No. 103-344 (Comm. on Judiciary)
 * No. 103-412 (Comm. of Conference)
 * SENATE REPORTS:
 * No. 103-402 accompanying S. 414 (Comm. on Judiciary)
 * CONGRESSIONAL RECORD, Vol. 139 (1993):
 * Nov. 10, considered and passed House.
 * Nov. 20, considered and passed Senate in lieu of S. 414 with an amendment.
 * Nov. 22, Conference report filed.
 * Nov. 23, Conference report agreed to in House.
 * Nov. 24, Conference report agreed to in Senate.
 * Nov. 24, Conference report agreed to in Senate.