HR 124 IH
108th CONGRESS
1st Session
H. R.
124
To provide for the mandatory licensing and registration of
handguns.
IN THE HOUSE OF REPRESENTATIVES
January 7,
2003
Mr. HOLT introduced the following bill; which was referred to
the
Committee on the Judiciary
A BILL
To provide for
the mandatory licensing and 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 Licensing and Registration Act of
2003'.
SEC. 2.
FEDERAL HANDGUN LICENSING AND REGISTRATION SYSTEM TO APPLY IN
ANY STATE THAT
DOES NOT HAVE A HANDGUN LICENSING AND REGISTRATION SYSTEM
THAT MEETS CERTAIN
REQUIREMENTS.
(a) IN GENERAL- Chapter 44 of title 18, United States Code,
is amended
by adding at the end the following:
`Sec. 931. Licensing
and registration of handguns
`(a)(1) The Attorney General shall establish
a Federal system for the
licensing and registration of all handguns owned,
possessed, or
controlled in the United States, which shall include a method
for easily
retrieving information sufficient to identify--
`(A) each
resident of a State to which this subsection applies who owns,
possesses, or
controls a handgun; and
`(B) the handgun.
`(2) It shall be
unlawful for a person to own, possess, or control a
handgun in a State to
which this subsection applies unless the person--
`(A) is licensed to do
so by the system established pursuant to
paragraph (1); and
`(B) has
registered the handgun with a Federal, State, or local law
enforcement
agency.
`(b) Subsection (a) shall not apply in a State if there is in
effect a
certification by the Attorney General that the State has in effect
a
system for the licensing and registration of handguns owned,
possessed,
or controlled in the State that--
`(1) includes a method
for easily retrieving information sufficient to
identify--
`(A) each
resident of the State who owns, possesses, or controls a
handgun in the
State; and
`(B) the handgun; and
`(2) at a minimum, imposes
criminal penalties on any person who owns,
possesses, or controls a handgun
in the State, and who--
`(i) has not completed training in firearms
safety;
`(ii) is not licensed by the State to possess a handgun;
or
`(iii) has not registered the handgun with a Federal, State, or
local
law enforcement agency.
`(c) A certification under subsection
(b) with respect to a State shall
have no force or effect on or after the
date the Attorney General finds,
after an opportunity for a hearing on the
record, that the State does
not have in effect the system described in
subsection (b).
`(d) The Attorney General shall prescribe such
regulations as may be
necessary to carry out this section.'.
(b)
PENALTIES- Section 924(a) of such title is amended by adding at the
end the
following:
`(7) Whoever knowingly violates section 931(a)(2) shall be
fined under
this title, imprisoned not less than 15 years, or both. The court
shall
not suspend a sentence of imprisonment imposed under this paragraph
or
impose a probationary sentence under this paragraph.'.
(c) CLERICAL
AMENDMENT- The table of sections for such chapter is
amended by adding at the
end the following:
`931. Licensing and registration of
handguns.'.
(d) EFFECTIVE DATE- The amendments made by this section shall
apply to
conduct engaged in after the 2-year period that begins with the date
of
the enactment of this Act.
END
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