text: That this Act may be 
  cited as the ``Handgun Control Act of 1993''.
      Section 1. The Congress hereby finds and declares--
              (a) that the estimated total number of handguns in private 
          hands has more than doubled since 1978, bringing the total to 
          sixty-six million;
              (b) that handguns play a major role, and a role 
          disproportionate to their number in comparison with long guns, 
          in the commission of homicide, aggravated assault, and armed 
          robbery, and that the percentage of violent crimes in which 
          handguns are used is increasing;
              (c) that more than one-half of all handguns are acquired 
          secondhand and that licensing and restrictions on sale of new 
          handguns will not significantly reduce handgun crime and 
          handgun violence;
              (d) that with few exceptions handguns are not used for 
          sporting or recreational purposes and that such purposes do not 
          require keeping of handguns in private homes;
              (e) that handguns in the home are of less value than is 
          commonly thought in defending against intruders and that such 
          defensive purposes can be adequately accomplished by other 
          means;
              (f) that violent crimes perpetrated with handguns 
          constitute a burden upon and interfere with interstate and 
          foreign commerce and threaten the internal security and 
          domestic tranquillity of the Nation; and
              (g) that a national firearms policy which restricts the 
          availability of handguns for nonlaw enforcement and nonmilitary 
          purposes will significantly reduce violent crime, reduce deaths 
          from handguns, and reduce other handgun violence in the United 
          States.
      Sec. 2. Title 18, United States Code, is amended by inserting 
  immediately after chapter 50 thereof the following new chapter:
  
                          ``CHAPTER 50A.--HANDGUNS
  
  ``Sec.
  ``1091. Unlawful acts.
  ``1092. Licensing.
  ``1093. Penalties.
  ``1094. Exceptions.
  ``1095. Voluntary delivery to law enforcement agency; reimbursement.
  ``1096. Rules and regulations.
  ``1097. Effect on State law.
  ``1098. Separability clause.
  ``1099. Appropriations.
  ``1100. Definitions.
  ``Sec. 1091. Unlawful acts
      ``(a) Except as provided in section 1094 of this chapter and in 
  subsection (b) of this section, it shall be unlawful for any person to 
  import, manufacture, sell, buy, transfer, receive, or transport any 
  handgun.
      ``(b) The Secretary may, consistent with public safety and 
  necessity, exempt from the operation of subsection (a) of this section 
  such importation, manufacture, sale, purchase, transfer, receipt, or 
  transportation of handguns by importers, manufacturers, or dealers, 
  licensed under chapter 44 of this title, and by pistol clubs licensed 
  under this chapter, as may in his judgment be required for the 
  operation of such pistol clubs or for purposes described in section 
  1094 of this chapter.
  ``Sec. 1092. Licensing
      ``(a) A pistol club desiring to be licensed under this chapter 
  shall file an application for such license with the Secretary. The 
  application shall be in such form and contain such information as the 
  Secretary shall by regulation prescribe. The fee for such license shall 
  be $25 per year.
      ``(b) Any importer, manufacturer, or dealer desiring to be licensed 
  under this chapter shall apply as provided in chapter 44 of this title.
      ``(c) Any application submitted under subsection (a) shall be 
  approved if--
              ``(1) all members of the pistol club are twenty-one years 
          of age or older;
              ``(2) no member of the pistol club is prohibited from 
          transporting, shipping, or receiving firearms or ammunition in 
          interstate or foreign commerce under section 922 (g) or (h) of 
          this title or under the law of the State in which the club will 
          be located or of the State in which the member is domiciled;
              ``(3) no member of the pistol club has willfully violated 
          any of the provisions of this chapter or of chapter 44 of this 
          title or any regulations issued thereunder;
              ``(4) the pistol club has not willfully failed to disclose 
          any material information required, or has not made any false 
          statement as to any material fact, in connection with his 
          application; and
              ``(5) the pistol club has premises from which it operates 
          and--
                      ``(A) maintains possession and control of the 
                  handguns used by its members, and
                      ``(B) has procedures and facilities for keeping 
                  such handguns in a secure place, under the control of 
                  the club's chief officer, at all times when they are 
                  not being used for target shooting or other sporting or 
                  recreational purposes.
      ``(d)(1) The Secretary must approve or deny an application for a 
  license within the forty-five-day period beginning on the date it is 
  received. If the Secretary fails to act within such period, the 
  applicant may file an action under section 1361 of title 28 to compel 
  the Secretary to act. If the Secretary approves an applicant's 
  application, such applicant shall be issued a license upon payment of 
  the prescribed fee.
      ``(2) The Secretary may, after notice and opportunity for hearing, 
  revoke any license issued under this section if the holder of such 
  license has violated any provision of this chapter or of chapter 44 of 
  this title or any rule or regulation prescribed by the Secretary under 
  such chapters. The Secretary's action under this paragraph may be 
  reviewed only as provided in subsection (e) of this section.
      ``(e)(1) Any person whose application for a license is denied and 
  any holder of a license which is revoked shall receive a written notice 
  from the Secretary stating specifically the grounds upon which the 
  application was denied or upon which the license was revoked. Any 
  notice of revocation of a license shall be given to the holder of such 
  license before the effective date of the revocation.
      ``(2) If the Secretary denies an application for, or revokes, a 
  license, he shall, upon request by the aggrieved party, promptly hold a 
  hearing to review his denial or revocation. In the case of a revocation 
  of a license, the Secretary shall upon the request of the holder of the 
  license stay the effective date of the revocation. A hearing held under 
  this paragraph shall be held at a location convenient to the aggrieved 
  party.
      ``(3) If after a hearing held under paragraph (2) the Secretary 
  decides not to reverse his decision to deny an application or revoke a 
  license, the Secretary shall give notice of his decision to the 
  aggrieved party. The aggrieved party may at any time within sixty days 
  after the date notice was given under this paragraph file a petition 
  with the United States District Court for the district in which he 
  resides or has his principal place of business for a judicial review of 
  such denial or revocation. In a proceeding conducted under this 
  subsection, the court may consider any evidence submitted by the 
  parties to the proceeding. If the court decides that the Secretary was 
  not authorized to deny the application or to revoke the license, the 
  court shall order the Secretary to take such action as may be necessary 
  to comply with the judgment of the court.
      ``(f) Each licensed pistol club shall maintain such records of 
  receipt, sale, or other disposition, of handguns at such place, for 
  such period, and in such form as the Secretary may by regulations 
  prescribe. Such pistol clubs shall make such records available for 
  inspection at all reasonable times, and shall submit to the Secretary 
  such reports and information with respect to such records and the 
  contents thereof as he shall by regulations prescribe. The Secretary 
  may enter at reasonable times the premises (including places of 
  storage) of any pistol club for the purpose of inspecting or examining 
  (1) any records of documents required to be kept by such pistol club 
  under the provisions of this chapter or chapter 44 of this title and 
  regulations issued under such chapters, and (2) any handguns or 
  ammunition kept or stored by such pistol club at such premises. Upon 
  the request of any State or any political subdivision thereof, the 
  Secretary may make available to such State or any political subdivision 
  thereof any information which he may obtain by reason of the provisions 
  of this chapter with respect to the identification of persons who are 
  members of pistol clubs within such State or political subdivision 
  thereof, together with a description of the handguns included in such 
  pistol club's license.
      ``(g) Licenses issued under the provisions of subsection (c) of 
  this section shall be kept posted and kept available for inspection on 
  the premises covered by the license.
  ``Sec. 1093. Penalties
      ``(a) Whoever violates any provision of this chapter or knowingly 
  makes any false statement or representation with respect to the 
  information required by the provisions of this chapter to be kept in 
  the records of a pistol club licensed under this chapter, or in 
  applying for any license under the provisions of this chapter, shall be 
  fined not more than $5,000, or imprisoned not more than five years, or 
  both, and shall become eligible for parole as the board of parole shall 
  determine.
      ``(b) Any handgun involved or used in, or intended to be used in, 
  any violation of the provisions of this chapter or chapter 44 of this 
  title or any rule or regulation promulgated thereunder, or any 
  violation of any other criminal law of the United States, shall be 
  subject to seizure and forfeiture and all provisions of the Internal 
  Revenue Code of 1954 relating to the seizure, forfeiture, and 
  disposition of firearms shall, so far as applicable, extend to seizures 
  and forfeitures under the provisions of this chapter.
  ``Sec. 1094. exceptions
      ``(a) The provisions of this chapter shall not apply with respect 
  to the importation, manufacture, sale, purchase, transfer, receipt, or 
  transportation of any handgun which the Secretary determines is being 
  imported or manufactured for, sold, or transferred to, purchased, 
  received, or transported by, or issued for the use of, the United 
  States or any department or agency thereof or any State or any 
  department, agency, or political subdivision thereof.
      ``(b) The provisions of this chapter shall not apply with respect 
  to the importation, manufacture, sale, purchase, transfer, receipt, or 
  transportation of a handgun which the Secretary determines is 
  unserviceable, not restorable to firing condition, and intended for use 
  as a curio, museum piece, or collectors' item.
  ``Sec. 1095. Voluntary delivery to law enforcement agency; 
                reimbursement
      ``(a) A person may at any time deliver to any Federal, State, or 
  local law enforcement agency designated by the Secretary a handgun 
  owned or possessed by such person. The Secretary shall arrange with 
  each agency designated to receive handguns for the transfer, 
  destruction, or other disposition of all handguns delivered under this 
  section.
      ``(b) Upon proof of lawful acquisition and ownership by a person 
  delivering a handgun to a law enforcement agency under this section, 
  the owner of the handgun shall be entitled to receive from the United 
  States a payment equal to the fair market value of the handgun or $25, 
  whichever is more. The Secretary shall provide for the payment, 
  directly or indirectly, through Federal, State, and local law 
  enforcement agencies, of the amounts to which owners of handguns 
  delivered under this section are entitled.
      ``(c) The amounts authorized in subsection (b) of this section 
  shall be paid out of the fees collected under section 1092(a) of this 
  chapter to the extent that such fees are sufficient for this purpose. 
  The remainder of amounts authorized in subsection (b) of this section 
  shall be paid out of general revenues.
  ``Sec. 1096. Rules and regulations
      ``(a) The Secretary may prescribe such rules and regulations as he 
  deems necessary to carry out the provisions of this chapter, 
  including--
              ``(1) regulations providing that a person licensed under 
          this chapter, when dealing with another person so licensed or 
          with a person licensed under chapter 44 of this title, shall 
          provide such other licensed person a certified copy of his 
          license; and
              ``(2) regulations providing for the issuance, at a 
          reasonable cost, to a person licensed under this chapter, of 
          certified copies of his license for use as provided under 
          regulations issued under paragraph (1) of this subsection.
      ``(b) The Secretary shall give reasonable public notice, and afford 
  to interested parties opportunity for hearing, prior to prescribing 
  rules and regulations authorized by this section.
  ``Sec. 1097. Effect on State law
      ``No provision of this chapter shall be construed as indicating an 
  intent on the part of the Congress to occupy the field in which such 
  provision operates to the exclusion of the law of any State on the same 
  subject, unless there is a direct and positive conflict between such 
  provision and the law of the State so that the two cannot be reconciled 
  or consistently stand together.
  ``Sec. 1098. Separability
      ``If any provision of this chapter or the application thereof to 
  any person or circumstance is held invalid, the remainder of the 
  chapter and the application of such provision to other persons not 
  similarly situated or to other circumstances shall not be affected 
  thereby.
  ``Sec. 1099. Appropriations
      ``There are authorized to be appropriated such sums as are 
  necessary to carry out the purposes of this chapter.
  ``Sec. 1100. Definitions
      ``As used in this chapter--
              ``(1) The term `person' and the term `whoever' include any 
          individual, corporation, company, association, firm, 
          partnership, club, society, or joint-stock company.
              ``(2) The term `importer' means any person engaged in the 
          business of importing or bringing handguns into the United 
          States for purposes of sale or distribution; and the term 
          `licensed importer' means any such person licensed under the 
          provisions of chapter 44 of this title.
              ``(3) The term `manufacturer' means any person engaged in 
          the manufacture or assembly of handguns for the purposes of 
          sale or distribution; and the term `licensed manufacturer' 
          means any such person licensed under the provisions of chapter 
          44 of this title.
              ``(4) The term `dealer' means (A) any person engaged in the 
          business of selling handguns at wholesale or retail, (B) any 
          person engaged in the business of repairing handguns or of 
          making or fitting special barrels, or trigger mechanisms to 
          handguns, or (C) any person who is a pawnbroker. The term 
          `licensed dealer' means any dealer who is licensed under the 
          provisions of chapter 44 of this title.
              ``(5) The term `collector' means any person who acquires, 
          holds, or disposes of handguns as curios, or relics, as the 
          Secretary shall by regulation define, and the term `licensed 
          collector' means any such person licensed under the provisions 
          of chapter 44 of this title.
              ``(6) The term `Secretary' or `Secretary of the Treasury' 
          means the Secretary of the Treasury or his delegate.
              ``(7) The term `handgun' means any weapon--
                      ``(A) designed or redesigned, or made, or remade, 
                  and intended to be fired while held in one hand;
                      ``(B) having a barrel less than ten inches in 
                  length; and
                      ``(C) designed or redesigned, or made or remade, to 
                  use the energy of an explosive to expel a projectile or 
                  projectiles through a smooth or rifled bore.
              ``(8) The term `pistol club' means a club organized for 
          target shooting with handguns or to use handguns for sporting 
          or other recreational purposes and which--
                      ``(A) maintains possession and control of the 
                  handguns used by its members, and
                      ``(B) has procedures and facilities for keeping 
                  such handguns in a secure place, under the control of 
                  the club's chief officer, at all times when they are 
                  not being used for target shooting, sporting, or other 
                  recreational purposes.
          The term `licensed pistol club' means any pistol club which is 
          licensed under this chapter.''.
      Sec. 3. The enforcement and administration of the amendment made by 
  this Act shall be vested in the Secretary of the Treasury.
      Sec. 4. Nothing in this Act or the amendment made thereby shall be 
  construed as modifying or affecting any provision of--
              (a) the National Firearms Act (chapter 53 of the Internal 
          Revenue Code of 1954);
              (b) section 414 of the Mutual Security Act of 1954 (22 
          U.S.C. 1934), as amended, relating to munitions control; or
              (c) section 1715 of title 18, United States Code, relating 
          to nonmailable firearms.
      Sec. 5. The provisions of this Act shall take effect one year from 
  the date of enactment.
target: Handgun Control Act of 1993 - Amends the Federal criminal code to make it unlawful to import, manufacture, sell, buy, transfer, receive, or transport any handgun. 
  Authorizes the Secretary of the Treasury to exempt from such prohibition such activities involving handguns by licensed importers, manufacturers, or dealers or licensed pistol clubs as required for the operation of such clubs, for the use of Federal or State agencies, or for curio, museum, or collection purposes. 
  Sets forth requirements for the licensing of pistol clubs. Prescribes civil and criminal penalties for violation of licensing and recordkeeping requirements. 
  Authorizes voluntary delivery of handguns to Federal, State, or local law enforcement agencies and provides for compensation to persons who establish proof of lawful acquisition and ownership. 
  Authorizes appropriations.
feat_title: Handgun Control Act of 1993