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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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