From latzko@ns1.rutgers.edu Sun Dec 5 05:23:24 1993 Received: from portal.unix.portal.com by jobe (4.1/1.34) id AA29032; Sun, 5 Dec 93 05:23:23 PST Received: from demon by portal.unix.portal.com (1.874) id AA07262; Sun, 5 Dec 93 05:23:22 -0800 Received: from nova.unix.portal.com by demon.corp.portal.com (4.1/ 1.20) id AA07281; Sun, 5 Dec 93 05:22:59 PST Received: by nova.unix.portal.com (5.65b/4.1 1.575) id AA02522; Sun, 5 Dec 93 05:23:20 -0800 Received: by ns1.rutgers.edu (5.59/SMI4.0/RU1.5/3.08) id AA21116; Sun, 5 Dec 93 08:15:17 EST Received: from gw1.att.com by ns1.rutgers.edu (5.59/SMI4.0/RU1.5/3.08) id AA21091; Sun, 5 Dec 93 08:15:10 EST Message-Id: <9312051315.AA21091@ns1.rutgers.edu> From: lvc@cbvox1.att.com To: firearms-politics@ns1.rutgers.edu Date: Sun, 05 Dec 93 08:07:39 EST Subject: Outline of Final Brady Bill Status: R This was posted to talk.politics.guns by: toto@tigger.jvnc.net (Todd Tolhurst) PROVISIONS OF BRADY ACT (PL 103-159) The following is a brief description of the main points and the mechanism by which the Brady Act is to take effect. It should not be construed as exhaustive, nor do all of the provisions noted necessarily fall in the same sequence as the Act. It is divided into two main sections dealing with the interim waiting period and the permanent national instant check system. Also included is a brief outline of the non-Brady provisions that were included. 5-BUSINESS DAY INTERIM WAITING PERIOD I. As of February 28, 1994, and ending on November 30, 1998, it shall be unlawful for any federally licensed importer, manufacturer or dealer (hereafter known as the licensee)to sell, deliver, or transfer a handgun to an unlicensed individual under Section 923 unless: A. the licensee has received from the prospective purchaser valid (picture) identification along with a statement of eligibility (assumed but not stated to be Form 4473) a copy of which will then be furnished to the chief law enforcement officer (CLEO) of the jurisdiction of the residence of the purchaser. ** If five business days elapse (defined as days on which state offices are open) and the licensee has not received notice from the CLEO that the purchaser is disqualified, or if notice is given by the CLEO on or before five days have elapsed that the purchaser is not disqualified, the sale may proceed. B. A sale may proceed immediately if: - the purchaser presents the licensee a written statement issued by the CLEO within the last 10 days that the purchaser requires access to a handgun because of a threat to his or her life or the life of a family member; - the purchaser has presented a permit that has been issued within the last five years as a result of the verification by an authorized government official that the purchaser is eligible to possess or acquire a handgun; - the state has an affirmative law enforcement check system to verify the eligibility of handgun purchasers (such as a state instant check system); - the transfer has been approved by the Secretary of the Treasury (would apply only to those firearms which would fall under the purview of the National Firearms Act); or, - by reason of geographic circumstance (as defined by the bill and certified by the Secretary of the Treasury upon application of the licensee) providing return information to the CLEO would be impracticable. C. A CLEO shall make a reasonable effort, using whatever federal, state, and local records are available within the 5-day time period, to do a background check on the prospective purchaser to ascertain whether the individual is disqualified by virtue of federal, state or local law. - there is no liability for damages of the individual responsible for conducting the background check either for allowing an unlawful sale to proceed, or for stopping a lawful sale from proceeding. It was emphasized at House mark-up on this legislation that this protection for liability only applies to individuals and that this provision is not intended to change the laws which currently allow an aggrieved purchaser to bring an action for damages from an employer under other laws that may exist. ** An individual has the right to request of the CLEO the reason for denial and shall be provided with the information within 20-days. An individual who is denied based on erroneous data has the right to correct the information according to terms set forth in the Act. D. The licensee must retain a copy of the statement of the purchaser as well as evidence of having complied with the notification requirements. - All information in regard to the transaction is to be kept confidential, may not be conveyed to any other person or used for any other purpose. If the purchaser is not a disqualified -- and hence presumably illegal -- purchaser, the CLEO must destroy all information related to the transfer within 20-days. II. DEVELOPMENT OF NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM Not later than November 30, 1998, the Attorney General (AG) shall establish a national instant criminal background check system which will be available to determine whether a prospective firearms purchaser is ineligible to purchase. A. Not later than May 31, 1994, the AG will determine the type of hardware, software and other related infrastructure that will be needed to facilitate communication with the system. B. The AG will also investigate the criminal records and systems and determine a timetable by which each state will be able to provide to the AG an on-line records access capability to the national system, and notify the states of these determinations. C. The AG will expedite current initiatives for the upgrading of criminal history records and systems to provide access to such records. III. NATIONAL INSTANT CHECK SYSTEM - PERMANENT PROVISION BY NOVEMBER 30, 1998 OR BEGINNING THIRTY DAYS AFTER THE ATTORNEY GENERAL NOTIFIES FEDERAL FIREARMS LICENSEES THAT A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICBCS) IS ESTABLISHED it shall be unlawful for any licensed dealer, manufacturer, or importer to transfer a firearm to any other person who is not licensed unless prior to the completion of the transfer: A. the prospective purchaser has presented to the licensee a valid picture identification and the licensee has contacted NICBCS to verify that the purchaser is not a disqualified person. If NICBCS verifies that the purchaser is not a disqualified individual the sale may proceed. - When a purchaser is approved, a unique identification number shall be assigned to the transaction. The licensee shall record the number on the Form 4473 as proof that NICBCS has been contacted. - NICBCS shall record only the transaction number and the date on which the query took place. No other information related to a query concerning an individual who is not disqualified from receiving a firearm may be retained. ** In the event that the licensee contacts NICBCS and the system is unable to respond, the sale must be delayed for a time period not to exceed three days. B. A sale may also proceed immediately if: - the purchaser has presented a permit, that has been issued within the last five years as a result of the verification by an authorized government official that the purchaser is eligible to possess or acquire a handgun; - the transfer has been approved by the Secretary of the Treasury (would apply only to those firearms which would fall under the purview of the National Firearms Act); or, - by reason of geographic circumstance (as defined by the bill and certified by the Secretary of the Treasury upon application of the licensee) contacting NICBCS would be impracticable. ** An individual who is denied a firearm because of information provided by NICBCS shall, upon request, be provided with the information related to that denial within five days of the request. C. If a licensee allows a transfer to take place without contacting the system, and the information that was available would have disqualified the purchaser from having a firearm, the Secretary may, after notice and hearing, revoke or suspend a Federal Firearms License for a period not to exceed six months and may impose a civil fine of not more than $5,000. D. Whoever knowingly violates this Act (such as by selling a firearm to an individual who may lawfully possess it but without observing the letter of the law) may be fined not more than $1,000, or imprisoned for not more than one year, or both. IV. REMEDY FOR ERRONEOUS DENIAL OF FIREARMS Any person denied a firearm due to the provision of erroneous information or who is denied a firearm but is not prohibited from receipt of a firearm, may bring an action against the state or political subdivision responsible for providing the erroneous information or for the denial, directing that the information be corrected or the transfer approved. In any action the court may award reasonable attorney's fees as part of the costs. V. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS There are authorized to be appropriated $200 million for fiscal years 1994 and all years thereafter to expedite the improvement of state criminal history records and access. OTHER PROVISIONS A. MULTIPLE FIREARMS PURCHASE REPORTING NOTIFICATION TO STATE AND LOCAL. POLICE. - Copies of all Multiple Firearms Purchase Reporting Forms -- those forms which are provided to BATF field offices by dealers when more than one handgun is sold to the same purchaser within a five day period -- will also be provided to an agency of the State or local police of the state or local jurisdiction in which the sale or other disposition took place. ** All forms, other than those related to an investigation of a violation of the law shall be destroyed within twenty days from the date such form is received. Not later than May 31, 1994, and every six month period thereafter, the recipient agency shall certify that no unlawful disclosure of the information has been made and that the forms have been destroyed. B. FEDERAL FIREARMS LICENSE REFORM - Ensures the security of firearms moving in interstate commerce by requiring that no labels be affixed identifying the contents as firearms. - Makes it illegal for a common carrier to deliver in interstate or foreign commerce any firearm without receiving written acknowledgement of receipt from the recipient of the package or other container in which there is a firearm. - Creates a new federal offense of stealing firearm from a licensee's business inventory, with penalties up to $10,000 and up to 10 years imprisonment or both. - Increases license fees for dealers to $200 for a three year newly issued license and to $90 for a three year renewal. Also eliminates the distinction of pawnbrokers in federal firearms licensing. jmp 12/02/93 Downloaded from GUN-TALK (703-719-6406) A service of the National Rifle Association Institute for Legislative Action Washington, DC 20036