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Firearm Licensing and Record of Sale Act of 2000

Introduced: May 9, 2000 See on congress.gov
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
May 9, 2000
Read twice and referred to the Committee on the Judiciary.
May 9, 2000
Sponsor introductory remarks on measure. (CR S3695-3696)
May 9, 2000
Introduced in Senate
 Plain-English summary Congressional Research Service
Firearm Licensing and Record of Sale Act of 2000 - Title I: Licensing - Amends the Brady Handgun Violence Prevention Act to prohibit a person other than a licensee from possessing a firearm on or after a specified date unless that person has been issued a firearm license under this title or pursuant to a State firearm licensing and record of sale system certified under title VI of this Act and such license has not been invalidated or revoked.

(Sec. 102) Requires the applicant, in order to be issued a license, to submit to the Secretary of the Treasury: (1) a current, passport-sized photograph; (2) the applicant's name, address, and date and place of birth; (3) any other name that the applicant has ever used; (4) a clear thumb print; (5) a statement that the individual is not a person prohibited under Federal law from obtaining a firearm; (6) a certification that the applicant will keep any firearm safely stored and out of the possession of juveniles; and (7) a certificate attesting to the completion a written firearms examination.

Sets forth provisions regarding: (1) regulations governing submission; and (2) license fees.

(Sec. 103) Directs the Secretary to issue a license to an applicant who has submitted an application that meets such requirement if the individual is not prohibited by specified prohibitions under the Act from receiving a firearm. Makes the license issued null and void if issued to a prohibited person.

Requires that the license issued be in the form of a tamper-resistant card, including a photograph and specified information.

(Sec. 104) Sets forth provisions regarding license renewal and revocation.

Title II: Record of Sale or Transfer - Prohibits any person other than a licensee from selling, delivering, or otherwise transferring a qualifying firearm to, or receiving a qualifying firearm from, any person other than a licensee unless, at the time and place of the transfer or receipt: (1) the transferee presents to a licensed dealer a valid firearm license; (2) the licensed dealer contacts the Secretary or the head of the State agency that administers the certified system and receives notice that the transferee has been issued a license; and (3) the licensed dealer records on a document (which, in the case of a sale, shall be the sales receipt) a tracking authorization number provided by such Secretary or State agency as evidence that the licensed dealer has verified the validity of the license.

(Sec. 202) Requires a licensed dealer, not later than 14 days after the date on which the transfer of qualifying firearm is processed, to submit to the Secretary (or to the head of the State agency that administers a State firearm licensing and record of sale system) a report of that transfer, including specified information such as the manufacturer, model name or number, and serial number, of the firearm.

Directs the Secretary, not later than nine months after this Act's enactment date, to establish and maintain a Federal record of sale system, which shall include the information included in each report submitted to the Secretary under this section.

Repeals a prohibition against record-keeping, or a system of registration, with respect to firearms, firearms owners, or firearms transactions or dispositions.

Title III: Additional Prohibitions - Declares it to be unlawful for: (1) any person other than a licensee to sell, deliver, or otherwise transfer a firearm to any person other than a licensee, unless that transfer is processed through a licensed dealer in accordance with requirements under the Act; (2) a licensed manufacturer or dealer to fail to maintain such records or to supply such information (including firearm transfer information that a licensed dealer has agreed to provide) as the Secretary may require in order to ascertain compliance with this Act; (3) a person who owns a qualifying firearm to fail to report the loss or theft of the firearm to the Secretary within 72 hours after the loss or theft is discovered; and (4) any individual to whom a license has been issued to fail to report to the Secretary a change in the address of that individual within 60 days.

(Sec. 305) Prohibits any person from keeping a loaded firearm, or an unloaded firearm and ammunition for the firearm, any one of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person, if: (1) that person knows, or recklessly disregards the risk, that a chid is capable of gaining access to the firearm and will use the firearm to cause the death of, or serious bodily injury to, the child or any other person or reasonably should know that possession of the firearm by a child is unlawful under Federal or State law; and (2) a child uses the firearm and thereby causes the death of, or serious bodily injury to, the child or any other person. Makes exceptions if: (1) at the time the child obtained access, the firearm was secured with a secure gun storage or safety device; (2) the person is a peace officer, a member of the armed forces, or a member of the National Guard and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity; (3) the child uses the firearm in a lawful act of self-defense or defense of one or more other persons; or (4) the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept.

Title IV: Enforcement - Sets penalties for failure to comply with provisions of this Act regarding: (1) obtaining a license, complying with qualifying firearm sale or transfer requirements, and maintaining or permitting inspection of records; (2) complying with universal background checks, timely reporting of loss or theft of a qualifying firearm, and providing notice of change of address; and (3) child access prevention.

(Sec. 402) Directs the Secretary to issue such regulations governing the licensing of possessors of qualifying firearms and the recorded sale of qualifying firearms as the Secretary determines to be reasonably necessary to reduce or prevent deaths or injuries resulting from qualifying firearms and to assist law enforcement in the apprehension of owners or users of qualifying firearms used in criminal activity.

(Sec. 403) Authorizes the Secretary to: (1) enter and inspect any place in which firearms or firearm products are manufactured, stored, or held, for distribution in commerce in order to ascertain compliance with this Act; and (2) issue an order prohibiting the sale or transfer of any firearm that the Secretary finds has been transferred or distributed in violation of this Act.

(Sec. 405) Authorizes the Attorney General, upon the request of the Secretary, to bring an action to restrain any violation of this Act U.S. district court.

Title V: Firearm Injury Information and Research - Directs the Secretary to: (1) establish and maintain a firearm injury information clearinghouse to collect, investigate, analyze, and disseminate data and information relating to the causes and prevention of death and injury associated with firearms; (2) conduct continuing studies and investigations of firearm-related deaths and injuries; and (3) collect and maintain current production and sales figures for each licensed manufacturer. Sets forth reporting requirements.

Title VI: Effect on State Law - Specifies that this Act may not be construed to preempt any provision of the law of any State or political subdivision thereof, or prevent a State or political subdivision thereof from enacting any provision of law regulating or prohibiting conduct with respect to firearms, except to the extent that the provision is inconsistent with any provision of this Act, and then only to the extent of the inconsistency.

(Sec. 602) Authorizes the Secretary, upon a written request of the chief executive officer of a State, to certify a State firearm licensing and record of sale system if State law requires: (1) the system to satisfy the requirements applicable to the Federal firearm licensing system and the Federal firearm record of sale system; and (2) the head of the State agency that administers the system to submit to the Federal firearm record of sale system a copy of each report submitted to the head of that agency.

Title VII: Relationship to Other Law - Specifies that in the event of any conflict between this Act and the Arms Export Control Act, the latter shall control.

Title VIII: Inapplicability - Makes this Act inapplicable to any department or agency of the United States, a State, or a political subdivision of a State, or to any official conduct of any officer or employee of such a department or agency.

Title IX: Effective Date - Specifies that this Act shall take effect one year after its enactment.

What's happening now May 9, 2000

Read twice and referred to the Committee on the Judiciary.

 Committees of jurisdiction 1