legislation: 102-s-3282
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| bill_id | congress | bill_type | bill_number | title | policy_area | introduced_date | latest_action_date | latest_action_text | origin_chamber | sponsor_name | sponsor_state | sponsor_party | sponsor_bioguide_id | cosponsor_count | summary_text | update_date | url |
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| 102-s-3282 | 102 | s | 3282 | Brady Handgun Violence Prevention Act | Crime and Law Enforcement | 1992-09-28 | 1992-09-29 | Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 749. | Senate | Sen. Mitchell, George J. [D-ME] | ME | D | M000811 | 0 | Brady Handgun Violence Prevention Act - Specifies that, beginning 90 days after the enactment of this Act and ending on the day before the date that the Attorney General certifies that the national instant criminal background check system (System) is established (pursuant to this Act), it shall be unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) after the most recent proposal of such transfer by the individual, the transferor has received a statement of eligibility from the individual, verified the identity of such individual by examining the identification document presented, provided notice of the contents, and transmitted a copy of the statement to the chief law enforcement officer (chief) of the place of residence of the individual within one day after the individual furnishes the statement; and five business days have elapsed from the date the transferor furnished notice of the contents of the statement to the chief, during which period the transferor has not received information from the chief that receipt or possession of the handgun by the individual would be in violation of Federal, State, or local law, or has received notice from the chief that the chief has no information indicating that such receipt or possession would violate Federal, State, or local law; (2) the individual has presented to the transferor a statement from the chief, issued in the past ten days, stating that the individual requires a handgun because of a threat to such individual or such individual's family; (3) the individual has presented to the transferor a permit to possess a handgun that has been issued in the past five years by the State in which the transfer is to take place under a State law which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law requires that an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the purchaser would be unlawful, with exceptions; (5) the Secretary of the Treasury has approved the transfer under provisions of the Internal Revenue Code (IRC); or (6) the Secretary has certified, on application of the transferor, that compliance with the notice requirement is impracticable for specified reasons. Requires a chief to whom a transferor has provided notice to make a reasonable effort to ascertain within five business days whether the individual has a criminal record or whether there is any other legal impediment to the individual's receiving a handgun, including research in whatever State and local record-keeping systems are available and in a national system designated by the Attorney General. Requires the statement of eligibility to include a statement that the individual: (1) is not under indictment for and has not been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) is not a fugitive; (3) is not an unlawful user of, or addicted to, a controlled substance; (4) has not been adjudicated as a mental defective or committed to a mental institution; (5) is not an alien who is illegally in the United States; (6) has not been dishonorably discharged from the armed forces; and (7) is not a person who has renounced U.S. citizenship. Requires any transferor who, after a transfer, receives a report from such officer that receipt or possession of the handgun by the individual violates the law, to: (1) furnish information about the transfer and the individual to the chief of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions. Requires a transferor to retain a copy of the individual's statement and retain evidence of compliance with the requirement under this Act with respect to the furnishing of notice of the contents and a copy of the statement to the chief of the place of residence of the individual within one day after furnishing such statement. Requires: (1) the chief, within 20 business days after the date the individual made the statement on the basis of which the notice was provided, to destroy the statement and any record containing information derived from the statement; and (2) that the information contained in the statement not be conveyed to any person not having a need to know and not be used for any purpose other than to carry out this subtitle. Specifies that a chief or other person responsible for providing criminal history background information pursuant to this Act shall not be liable in an action at law for damages for failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under this subtitle, or for preventing such a sale or transfer to a person who may lawfully receive or possess a handgun. Directs the Secretary to take necessary actions to ensure that the provisions of this subtitle are published and disseminated to licensed dealers, law enforcement officials, and the public. Specifies that, beginning on the date that the Attorney General certifies that the System is established, a licensed importer, manufacturer, or dealer shall not transfer a firearm to another person who is not such a licensee unless: (1) before the completion of the transfer, the licensee contacts the System; (2) the System notifies the licensee that it has located any record that demonstrates that the receipt of a firearm by such person would violate this subtitle or any State or local law; and (3) the transferor has verified the identity of the individual by examining a valid identification document of the individual containing a photograph of such individual. Makes such provision inapplicable to a firearm transfer between a licensee and another person if: (1) such other person has presented to the licensee a permit that allows such other person to possess a firearm and was issued not more than five years earlier by the State in which the transfer is to take place, and the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be a violation of law; (2) the Secretary has approved the transfer under provisions of the IRC; or (3) the Secretary has certified, on application of the transferor, that compliance is impracticable for specified reasons. Specifies that: (1) if the System notifies the licensee that the information available to the System does not demonstrate that the receipt of a firearm by such other person would violate this subtitle and the licensee transfers a firearm to such person, the licensee shall include in the record of the transfer the unique identification number provided by the System with respect to the transfer; and (2) neither a Federal, State, or local government employee responsible for providing information to the System shall be liable in an action at law for damages for failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under this subtitle, or for preventing such a sale or transfer to a person who may lawfully receive or possess a handgun. Authorizes the Secretary to suspend for up to six months or revoke the license of, and impose a civil fine of up to $5,000 upon, a licensee who knowingly transfers a firearm to another person and fails to comply with the transfer requirements of this subtitle, subject to specified limitations. Provides that whoever knowingly violates the provisions of this subtitle shall be fined up to $1,000, imprisoned for not more than one year, or both. Directs the Attorney General to: (1) establish the System; and (2) expedite the upgrading and indexing of State criminal history records in the Federal criminal records system maintained by the Federal Bureau of Investigation (FBI), the development of hardware and software systems to link State criminal history check systems into the System, and the current revitalization initiatives by the FBI for technologically advanced fingerprint and criminal records identification. Requires the Attorney General, within six months, to: (1) determine the type of computer hardware and software that will be used to operate the System and the means by which State criminal records systems will communicate with the System; (2) investigate the criminal records system of each State and determine for each a timetable by which the State should be able to provide criminal records on an on-line capacity basis to the System; and (3) notify each State of the determinations made pursuant to such provisions. Directs the Attorney General to require as part of the State timetable that the State achieve, within five years, at least 80 percent currency of case dispositions in computerized criminal history files for all cases in which there has been an event of activity within the last five years and continue to maintain such a system. Directs the Attorney General, within 30 months and at any time thereafter, to determine whether the System has achieved at least 80 percent currency of case dispositions in computerized criminal history files for all cases in which there has been an event of activity within the last five years on a national average basis and whether the States are in compliance with the timetable and, if so, certify that the System is established. Sets forth provisions with respect to: (1) State noncompliance with the timetable; (2) notification of licensees and chiefs of each State of the existence, purpose, and means of using the System; (3) authority of the Attorney General; and (4) correction of erroneous System information. Directs the Attorney General, after 90 days' notice to the public and an opportunity for hearing by interested parties, to prescribe regulations to ensure the privacy and security of System information. Bars any department, agency, officer, or employee of the United States from: (1) requiring that any record or portion thereof maintained by the System 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 to establish any system for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons prohibited from receiving a firearm. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of justice system improvement formula grants 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, 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, to make a grant to each State to be used: (1) for the creation of a computerized criminal history record system or improvement of an existing system; (2) to improve accessibility to the System; and (3) upon establishment of the System to assist the State in the transmittal of criminal records to the System. Authorizes appropriations. Sets forth provisions with respect to the withholding of State and Department of Justice funds. | 2025-08-26T15:13:44Z |