GunBroker.com Online Gun Auction, Firearms, handguns, rifles


Bid Now at GunBroker.com



Brady Handgun Violence Prevention Act

The Brady Handgun Violence Prevention Act of 1993 (Pub.L. 103-159, 107 Stat. 1536, enacted November 30, 1993) codified at 18 U.S.C. § 921-922, also known as the Brady Bill, passed as H.R. 1025 by the United States Congress, signed into law by President Bill Clinton on November 30, 1993, and went into effect on February 28, 1994. The act was named after James Brady, who was shot by John Hinckley, Jr. during an attempted assassination of President Ronald Reagan on March 30, 1981.

Source: The Library of Congress:

H.R.1025
Title: To provide for a waiting period before the purchase of a handgun, and for the establishment of a national instant criminal background check system to be contacted by firearms dealers before the transfer of any firearm.
Sponsor: Rep Schumer, Charles E. [NY-9] (introduced 2/22/1993)      Cosponsors (155)
Related Bills: H.RES.302, H.RES.322, H.R.277, H.R.3268, S.414
Latest Major Action: 11/30/1993 Became Public Law No: 103-159.

Jump to: Summary, Major Actions, All Actions, Titles, Cosponsors, Committees, Related Bill Details, Amendments

SUMMARY AS OF:
11/22/1993–Conference report filed in House.    (There is 1 other summary)

TABLE OF CONTENTS:

Title I: Brady Handgun Control

Title II: Multiple Firearm Purchases to State and Local Police

Title III: Federal Firearms License Reform

Title I: Brady Handgun Control – Brady Handgun Violence Prevention Act – Amends the Federal criminal code to: (1) require the Attorney General, within five years, to establish a national instant criminal background check system (system) for firearm licensees to contact for information on whether receipt of a firearm by a prospective transferee would violate Federal or State law; and (2) establish an interim five-day waiting period for handgun purchases and procedures for checking with the chief law enforcement officer of the place of residence of the purchaser (police official) for such information.

(Sec. 102) Prohibits, under the interim procedures, any licensed importer, manufacturer, or dealer from transferring a handgun to an unlicensed individual unless: (1) the transferor has received a statement of eligibility from the individual, verified the individual’s identity, and notified the police official and during the next five business days the transferor either has not received information that the transfer would violate the law or has received notice that the transfer would not violate the law; (2) the individual has presented a statement from the police official that he or she requires a handgun because of a threat to a family member; or (3) applicable State law requires, before any transfer, verification that possession of a handgun by the purchaser would not be unlawful. Requires notified police officials to make a reasonable effort to make the relevant determinations within five days.

Prohibits the transfer of a firearm to an unlicensed individual after the system is established unless the transferor has verified the individual’s identity and contacted the system and either: (1) the system has provided the transferor with a unique identification number for the transfer; or (2) three business days have elapsed and the system has not notified the transferor that the transfer would violate the law.

Permits a transfer (before or after the system is established) if: (1) the individual has presented a permit issued in the past five years by a State that verifies that the individual is legally qualified; (2) the Secretary of the Treasury has approved the transfer under specified provisions of the Internal Revenue Code; or (3) the Secretary has certified that compliance with the applicable background check requirements is impracticable.

Requires the destruction of records pertaining to any transfer to an eligible individual.

Sets penalties of up to a $1,000 fine, imprisonment for not more than one year, or both, for violations of this Act.

(Sec. 103) Directs the Attorney General to: (1) determine a timetable by which each State should be able to provide criminal records on an on-line capacity basis to the system; (2) expedite the upgrading of State records in the Federal criminal records system maintained by the Federal Bureau of Investigation (FBI), the development of hardware and software to link State systems to the national system, and the FBI’s revitalization initiatives for technologically advanced fingerprint and criminal records identification; and (3) notify each licensee and the chief law enforcement officer of each State upon establishment of the national system.

Provides for the correction of erroneous information in the system and for regulations to ensure the privacy and security of system information.

Prohibits any Government entity from using the system to establish any system for the registration of firearms, except with respect to persons prohibited from receiving a firearm.

Authorizes appropriations.

(Sec. 106) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to permit the use of formula grants under the drug control and system improvement grant program for the improvement of State record systems and the sharing with the Attorney General of specified records for the purpose of implementing this Act.

Directs the Attorney General, through the Bureau of Justice Statistics, to make grants to States for the creation of a computerized criminal history record system or improvement of an existing system and for assistance in the transmittal of criminal records to the national system.

Title II: Multiple Firearm Purchases to State and Local Police – Requires each Federal firearms licensee to submit a report of multiple sales or other dispositions of firearms 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. Prohibits agency disclosure of any such form or contents and requires each such department or agency to: (1) destroy any form containing such information and any record of the contents within 20 days after such form is received, except with respect to a purchaser who is prohibited from receipt of a firearm; and (2) certify to the Attorney General (at six-month intervals) that no disclosure contrary to such requirements has been made and that all such forms and records have been destroyed.

Title III: Federal Firearms License Reform – Federal Firearms License Reform Act of 1993 – Amends the Federal criminal code to prohibit any common or contract carrier from requiring or causing any label, tag, or other written notice to be placed on the outside of any container indicating that it contains a firearm.

Prohibits: (1) any common or contract carrier from delivering in interstate or foreign commerce any firearm without obtaining written acknowledgement of receipt of the package containing the firearm; and (2) stealing or unlawfully taking or carrying away from a licensed firearms importer, manufacturer, or dealer any firearm in the licensee’s business inventory that has been shipped or transported in interstate or foreign commerce (subject to penalties of up to a $10,000 fine, ten years’ imprisonment, or both, for violations).

(Sec. 303) Increases license application fees for firearms dealers who do not deal in destructive devices.

MAJOR ACTIONS: [[

2/22/1993 Introduced in House
11/10/1993 Reported (Amended) by the Committee on Judiciary. H. Rept. 103-344.
11/10/1993 Passed/agreed to in House: On passage Passed by the Yeas and Nays: 238 - 189 (Roll no. 564).
11/20/1993 Passed/agreed to in Senate: Passed Senate in lieu of S. 414 with an amendment by Yea-Nay Vote. 63-36. Record Vote No: 394.
11/22/1993 Conference report H. Rept. 103-412 filed.
11/23/1993 Conference report agreed to in House: On agreeing to the conference report Agreed to by recorded vote: 238 - 187 (Roll no. 614).
11/24/1993 Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.
11/24/1993 Cleared for White House.
11/30/1993 Presented to President.
11/30/1993 Signed by President.
11/30/1993 Became Public Law No: 103-159.
ALL ACTIONS: (Floor Actions/Congressional Record Page References)

2/22/1993:
Sponsor introductory remarks on measure. (CR H731)
2/22/1993:
Referred to the House Committee on Judiciary.
2/25/1993:
Referred to the Subcommittee on Crime and Criminal Justice.
9/30/1993:
Subcommittee Hearings Held.
10/29/1993:
Subcommittee Consideration and Mark-up Session Held.
10/29/1993:
Forwarded by Subcommittee to Full Committee (Amended).
11/4/1993:
Committee Consideration and Mark-up Session Held.
11/4/1993:
Ordered to be Reported (Amended).
2/23/1993:
Sponsor introductory remarks on measure. (CR H755)
3/30/1993:
Sponsor introductory remarks on measure. (CR H1693)
8/3/1993:
Sponsor introductory remarks on measure. (CR H5672)
10/7/1993 12:10am:
Motion to Discharge Committee filed by Mr. Sensenbrenner. Petition No: 103-6.
11/9/1993 8:49pm:
Rules Committee Resolution H. Res. 302 Reported to House. Rule provides for consideration of H.R. 1025 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. All points of order against consideration of the bill are waived. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, modified by the amendment printed in part 1 of the report of the Committee on Rules accompanying this resolution. Measure will be considered read. Specified amendments are in order.
11/10/1993 10:00am:
Reported (Amended) by the Committee on Judiciary. H. Rept. 103-344.
11/10/1993 10:01am:
Placed on the Union Calendar, Calendar No. 186.
11/10/1993 11:19am:
Rule H. Res. 302 passed House.
11/10/1993 11:23am:
Considered under the provisions of rule H. Res. 302. (consideration: CR H9088-9145)
11/10/1993 11:23am:
Rule provides for consideration of H.R. 1025 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. All points of order against consideration of the bill are waived. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, modified by the amendment printed in part 1 of the report of the Committee on Rules accompanying this resolution. Measure will be considered read. Specified amendments are in order.
11/10/1993 11:23am:
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 302 and Rule XXIII.
11/10/1993 11:23am:
The Speaker designated the Honorable David E. Skaggs to act as Chairman of the Committee.
11/10/1993 11:23am:
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.
11/10/1993 12:39pm:
H.AMDT.389 Amendment (A001) offered by Mr. Ramstad.
Amendment provides that if a person is determined to be ineligible to purchase a handgun during the bill's 5-day waiting period, that individual may request and receive the reasons for this determination, within 20 business days from local law enforcement.
11/10/1993 12:40pm:
DEBATE - Pursuant to the provisions of H. Res. 302, the Committee of the Whole proceeded with ten minutes of debate on the Ramstad amendment.
11/10/1993 1:07pm:
H.AMDT.389 On agreeing to the Ramstad amendment (A001) Agreed to by recorded vote: 431 - 2 (Roll no. 558).
11/10/1993 1:08pm:
H.AMDT.390 Amendment (A002) offered by Mr. Gekas.
Amendment provides that a national system of instant background checks on handgun purchasers shall automatically replace the bill's five-day waiting period on handgun purchases five years after enactment of the bill.
11/10/1993 1:08pm:
DEBATE - Pursuant to the provisions of H. Res. 302, the Committee of the Whole proceeded with 50 minutes of debate.
11/10/1993 1:13pm:
H.AMDT.390 Gekas amendment (A002) modified by unanimous consent. Technical, conforming modifications in reference to section numbers to the bill.
11/10/1993 2:34pm:
H.AMDT.390 On agreeing to the Gekas amendment (A002) as modified Agreed to by recorded vote: 236 - 198 (Roll no. 559).
11/10/1993 2:35pm:
H.AMDT.391 Amendment (A003) offered by Mr. McCollum.
Amendment sought to provide that once a national system for backround checks is in place that process will preempt any State waiting period laws.
11/10/1993 2:35pm:
H.AMDT.391 McCollum amendment (A003) modified by unanimous consent. The modification clarifies that the provisions of the amendment apply to States or political subdivisions that impose a waiting period before the purchase of a firearm can be completed. This language was absent from the text of the amendment as submitted to, and reported by, the Committee on Rules.
11/10/1993 2:35pm:
DEBATE - Pursuant to the provisions of H. Res. 302, the Committee of the Whole proceeded with 50 minutes of debate on the McCollum amendment as modified.
11/10/1993 3:58pm:
H.AMDT.391 On agreeing to the McCollum amendment (A003) as modified Failed by recorded vote: 175 - 257 (Roll no. 560).
11/10/1993 3:58pm:
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1025.
11/10/1993 3:59pm:
The previous question was ordered pursuant to the rule.
11/10/1993 4:03pm:
H.AMDT.389 Mr. Solomon demanded a separate vote on the Ramstad amendment (A001).
11/10/1993 4:03pm:
H.AMDT.390 Mr. Solomon demanded a separate vote on the Gekas amendment (A002) as modified.
11/10/1993 4:17pm:
H.AMDT.389 On agreeing to the Ramstad amendment (A001) Agreed to by recorded vote: 425 - 4 (Roll no. 561).
11/10/1993 4:25pm:
H.AMDT.390 On agreeing to the Gekas amendment (A002) as modified Agreed to by recorded vote: 238 - 192 (Roll no. 562).
11/10/1993 4:25pm:
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
11/10/1993 4:26pm:
Mr. Schiff moved to recommit with instructions to Judiciary.
11/10/1993 4:26pm:
DEBATE - The House proceeded with ten minutes of debate on the motion to recommit the bill to the Committee on the Judiciary with instructions that the committee report the bill back with such amendments as necessary to: 1. Eliminate the requirement for State or local officials complete background checks; 2. ensure that the costs of such background checks be funded by the Federal Government.
11/10/1993 4:30pm:
The previous question on the motion to recommit with instructions was ordered without objection.
11/10/1993 4:47pm:
On motion to recommit with instructions Failed by recorded vote: 200 - 229 (Roll no. 563). (consideration: CR H9144)
11/10/1993 4:55pm:
On passage Passed by the Yeas and Nays: 238 - 189 (Roll no. 564).
11/10/1993 4:55pm:
Motion to reconsider laid on the table Agreed to without objection.
11/17/1993:
Received in the Senate.
11/20/1993:
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
11/20/1993:
Read the second time.
11/20/1993:
Measure laid before Senate. (consideration: CR S16711-16712)
11/20/1993:
Senate struck all after the Enacting Clause and substituted the language of S. 414 amended.
11/20/1993:
Passed Senate in lieu of S. 414 with an amendment by Yea-Nay Vote. 63-36. Record Vote No: 394.
11/20/1993:
Senate insisted on its amendment, requested a conference. (consideration: CR S16713)
11/20/1993:
Senate appointed conferees Biden; Kennedy; Metzenbaum; Hatch; Craig.
11/21/1993:
Message on Senate action sent to the House.
11/22/1993:
Message on Senate action sent to the House.
11/22/1993 2:23pm:
MOTION TO GO TO CONFERENCE - Pursuant to the provisions of H. Res. 322, the following occurred:
11/22/1993 2:23pm:
Mr. Gejdenson moved that the House disagree to the Senate amendment, and agree to a conference.
11/22/1993 2:24pm:
On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to without objection.
11/22/1993 2:25pm:
Motion to reconsider laid on the table Agreed to without objection.
11/22/1993 2:26pm:
Mr. Sensenbrenner moved that the House instruct conferees.
11/22/1993 2:27pm:
DEBATE - The House proceeded with one hour of debate on the Sensenbrenner motion to instruct conferees. The instructions require the managers on the part of the House to accept section 302(d) of the Senate amendment, and subsection (i)(1)(A) of the matter proposed to be added by section 302(e) of the Senate amendment. These provisions make it unlawful to steal or unlawfully carry any firearm from a licensed firearm dealer if that firearm has been shipped or transported in interstate or foreign commerce. Further, it is provided that a person who knowingly violates such a law shall be fined not more than $10,000, be imprisoned not more than 10 years, or both.
11/22/1993 2:28pm:
The previous question was ordered without objection.
11/22/1993 2:28pm:
On motion that the House instruct conferees Agreed to by voice vote. (consideration: CR H10716-10720)
11/22/1993 2:29pm:
The Speaker appointed conferees: Brooks, Hughes, Schumer, Sensenbrenner, and Gekas.
11/22/1993 2:29pm:
Motion to reconsider laid on the table Agreed to without objection.
11/22/1993:
Conferees agreed to file conference report.
11/22/1993:
Senate appointed conferees Stevens; Kempthorne in lieu of Hatch; Craig by unanimous consent.
11/22/1993 11:20pm:
Conference report H. Rept. 103-412 filed. (text of conference report: CR H10894-10897)
11/22/1993 11:20pm:
PERMISSION TO CONSIDER CONFERENCE REPORT - Mr. Brooks asked unanimous consent to consider the conference report on H.R. 1025 and that all points of order against the conference report be waived. Agreed to without objection.
11/23/1993 12:06am:
Mr. Brooks brought up conference report H. Rept. 103-412 by previously agreed to special order.
11/23/1993 12:06am:
DEBATE - The House proceeded with one hour of debate on the conference report.
11/23/1993 12:16am:
The previous question was ordered without objection.
11/23/1993 12:33am:
On agreeing to the conference report Agreed to by recorded vote: 238 - 187 (Roll no. 614). (consideration: CR H10905-10908)
11/23/1993 12:33am:
Motion to reconsider laid on the table Agreed to without objection.
11/23/1993:
Conference papers: message on House action held at the desk in Senate.
11/23/1993:
Cloture motion on the conference to accompany H.R. 1025 presented in Senate. (consideration: CR S17067)
11/23/1993:
Second cloture motion on the conference report to accompany H.R. 1025 presented in Senate. (consideration: CR S17067)
11/23/1993:
Conference papers: Senate report and managers' statement held at the desk in Senate.
11/24/1993:
Cloture motion on the conference report to accompany H.R. 1025 withdrawn by unanimous consent in Senate.
11/24/1993:
Second cloture motion on the conference report to accompany H.R. 1025 withdrawn by unanimous consent in Senate.
11/24/1993:
Senate agreed to conference report by Voice Vote. (consideration: CR S17091)
11/24/1993:
Cleared for White House.
11/26/1993:
Message on Senate action sent to the House.
11/30/1993:
Presented to President.
11/30/1993:
Signed by President.
11/30/1993:
Became Public Law No: 103-159.
TITLE(S): (italics indicate a title for a portion of a bill)

  • POPULAR TITLE(S):
    Brady Handgun bill (identified by CRS)
  • SHORT TITLE(S) AS INTRODUCED:
    Brady Handgun Violence Prevention Act
  • SHORT TITLE(S) AS PASSED SENATE:
    Brady Handgun Violence Prevention Act
    Federal Firearms License Reform Act of 1993
  • SHORT TITLE(S) AS ENACTED:
    Brady Handgun Violence Prevention Act
    Federal Firearms License Reform Act of 1993
  • OFFICIAL TITLE AS INTRODUCED:
    To provide for a waiting period before the purchase of a handgun, and for the establishment of a national instant criminal background check system to be contacted by firearms dealers before the transfer of any firearm.
COSPONSORS(155), ALPHABETICAL [followed by Cosponsors withdrawn]:     (Sort: by date)

COMMITTEE(S):

RELATED BILL DETAILS:  (additional related bills may be indentified in Status)

    Bill: Relationship:
    H.RES.302 Rule related to H.R.1025 in House
    H.RES.322 Related bill as identified by the House Clerk’s office
    H.R.277 Related bill as identified by House committee
    H.R.3268 Related bill as identified by House committee
    S.414 H.R.1025 passed in Senate in lieu of this bill
    S.414 Related bill as identified by the House Clerk’s office
    S.414 Text from this bill was inserted in H.R.1025
AMENDMENT(S):

1. H.AMDT.389 to H.R.1025 Amendment provides that if a person is determined to be ineligible to purchase a handgun during the bill’s 5-day waiting period, that individual may request and receive the reasons for this determination, within 20 business days from local law enforcement.
Sponsor: Rep Ramstad, Jim [MN-3] (introduced 11/10/1993)      Cosponsors (None)
Latest Major Action: 11/10/1993 House amendment agreed to. Status: On agreeing to the Ramstad amendment (A001) Agreed to by recorded vote: 425 – 4 (Roll no. 561).

2. H.AMDT.390 to H.R.1025 Amendment provides that a national system of instant background checks on handgun purchasers shall automatically replace the bill’s five-day waiting period on handgun purchases five years after enactment of the bill.
Sponsor: Rep Gekas, George W. [PA-17] (introduced 11/10/1993)      Cosponsors (None)
Latest Major Action: 11/10/1993 House amendment agreed to. Status: On agreeing to the Gekas amendment (A002) as modified Agreed to by recorded vote: 238 – 192 (Roll no. 562).

3. H.AMDT.391 to H.R.1025 Amendment sought to provide that once a national system for backround checks is in place that process will preempt any State waiting period laws.
Sponsor: Rep McCollum, Bill [FL-8] (introduced 11/10/1993)      Cosponsors (None)
Latest Major Action: 11/10/1993 House amendment not agreed to. Status: On agreeing to the McCollum amendment (A003) as modified Failed by recorded vote: 175 – 257 (Roll no. 560).
Source: http://thomas.loc.gov/

  • Share/Save/Bookmark

Leave a Reply

 

 

 

You can use these HTML tags

<a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>