H.R.1412 - Felon Handgun Purchase Prevention Act of 1991102nd Congress (1991-1992)
|Sponsor:||Rep. Staggers, Harley O., Jr. [D-WV-2] (Introduced 03/13/1991)|
|Committees:||House - Judiciary|
|Latest Action:||House - 06/07/1991 Referred to the Subcommittee on Crime and Criminal Justice. (All Actions)|
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Summary: H.R.1412 — 102nd Congress (1991-1992)All Information (Except Text)
Introduced in House (03/13/1991)
Felon Handgun Purchase Prevention Act of 1991 - Amends the Federal criminal code to prohibit a licensed importer, manufacturer, or dealer from transferring a handgun from business inventory to any other person unless: (1) before the completion of the transfer the licensee contacts the hotline established under this Act; and (2) the hotline notifies the licensee that the information available does not demonstrate that the receipt of a handgun by such other person would violate provisions of the Federal criminal code (Federal provisions), or that the hotline will not be able to respond to the licensee before the end of the next business day; or (3) at least 24 hours have elapsed since the licensee first contacted the hotline with respect to the transfer and the hotline has not notified the licensee that the information available to the hotline demonstrates that the receipt of a handgun by such other person would violate such provisions.
Makes such prohibition inapplicable to a handgun transfer between a licensee and another person if: (1) such other person presents to the licensee a valid permit or license, issued by the State or political subdivision in which the transfer is to occur, that authorizes such other person to purchase, possess, or carry a firearm; (2) the Secretary has approved the transfer under provisions of the Internal Revenue Code; (3) telephone service is not provided to the premises where the licensee conducts business subject to such license and is not generally available to the public in the area in which such premises are located; (4) the ability of the licensee to exchange information with the hotline is impaired due to circumstances beyond the control of the licensee; or (5) the licensee, pursuant to State law, notifies State law enforcement authorities of the proposed transfer and such authorities approve the transfer or determine that receipt of a handgun by such other person would not violate State law.
Requires the licensee to include in the record of transfer the identification number provided by the hotline with respect to the transfer where the hotline notifies the licensee that the information available to the hotline does not demonstrate that the receipt of a handgun by such other person would violate Federal provisions. Establishes penalties against the licensee for knowingly failing to comply with provisions of this Act.
Directs the Attorney General to: (1) establish such hotline; (2) arrange for a toll-free telephone number; (3) ensure that the hotline operates continuously; (4) ensure that not more than two percent of the initial telephone responses of the hotline contain erroneous determinations; and (5) notify each licensee of the existence, purpose, and toll-free number of the hotline.
Specifies that the hotline shall not provide information to any caller with respect to another person unless: (1) the hotline verifies that the caller is a licensee; and (2) the caller states that such other person seeks to obtain a handgun and the caller provides the name and social security number (or other identifying information for a person with no number) of such other person.
Directs that, if such requirements are met, the hotline: (1) inform the caller whether the information available to the hotline demonstrates that the receipt of a handgun by the person would violate Federal provisions; and (2) if such receipt would not violate such provisions, assign a unique identification number to the transfer, provide the caller with the number, and destroy all records of the hotline with respect to the call (other than the identifying number and the date the call was received) and all records of the hotline relating to the person.
Requires the hotline: (1) to make every effort to provide the caller with the information required immediately or by return telephone call without delay; and (2) if it is unable to comply with such requirement due to circumstances beyond the hotline's control, to advise the caller that the response of the hotline will be delayed and the reasons for, and probable length of, the delay, and make every effort to provide the information required within 24 hours of the initial call.
Authorizes the Attorney General to secure directly from any U.S. department or agency such information as necessary to enable the hotline to operate in accordance with this Act. Directs the head of such department or agency, on request of the Attorney General, to furnish such information to the hotline. Requires the Attorney General to develop such computer software, design and obtain such telecommunications and computer hardware, and employ such personnel as necessary to establish and operate the hotline.
Sets forth procedures for the correction of erroneous hotline information. Creates a private cause of action where a person is denied a handgun based on erroneous information provided by the hotline.
Bars any U.S. department, agency, officer, or employee from: (1) requiring that any record or portion thereof maintained by the hotline be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision; or (2) using the hotline to establish any system for the registration of handguns, handgun owners, or handgun transactions or dispositions, except with respect to persons prohibited by Federal provisions from receiving a handgun.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) increase the percentage of funds (from five to ten percent) to be allocated by each State for the improvement of criminal justice records; and (2) include in such improvement the sharing of such records with the Attorney General for use by the hotline established under this Act.