One Handgun A Month Act
Summary: The One Handgun A Month Act combats illegal gun trafficking by limiting individuals to the purchase of no more than one handgun in any 30-day period.
SECTION 1. SHORT TITLE
This Act shall be called the “One Handgun A Month Act.”
SECTION 2. ONE HANDGUN A MONTH
After section XXX, the following new section XXX shall be inserted:
(A) DEFINITION—In this section:
“Handgun” means a firearm described in 18 U.S.C. 921(a)(29).
(B) LIMIT ON HANDGUN TRANSFERS
1. Except as provided in this section, no person shall receive transfer of more than one handgun in any 30- day period, and no person shall transfer to any individual more than one handgun in any 30-day period.
2. The [State Police] shall establish a centralized system to ensure compliance with this section.
3. The limit on handgun transfers shall not apply to:
a. Any law enforcement officer or agency; or
b. Any person licensed under 18 U.S.C. 923 for the purpose of acquiring handguns as inventory.
(C) PENALTIES
Any person who violates any provision of this section shall, if convicted, be fined not more than $5,000 or be imprisoned for not more than one year, or both.
SECTION 3. EFFECTIVE DATE
This Act shall take effect on July 1, 2006.
Universal Background Checks Act
Summary: The Universal Background Checks Act ensures that the transfer of a firearm is preceded by a thorough background check of the intended recipient of that firearm.
SECTION 1. SHORT TITLE
This Act shall be called the “Universal Background Checks Act.”
SECTION 2. UNIVERSAL BACKGROUND CHECKS
After section XXX, the following new section XXX shall be inserted:
(A) A person shall not transfer or receive transfer of any firearm unless the transferee has first passed a background check identical to the background check required under 18 U.S.C. 922(t) for transfers by federal firearms licensees. The background check required under this section must be conducted by a person licensed under 18 U.S.C. 923 or by a law enforcement agency.
(B) Any person licensed under 18 U.S.C. 923 and whose licensed premises are within the state shall, upon request by a transferor of a firearm who is not licensed under 18 U.S.C. 923, conduct a background check on the intended recipient of that firearm, following the same procedures as if the transfer involved a firearm in the inventory of the licensed dealer. For this service, the person licensed under 18 U.S.C. 923 may charge a fee of up to five dollars per background check.
(C) This section shall not apply to:
1. The transfer of a firearm to a law enforcement officer or agency.
2. The transfer of a curio or relic, as defined under 27 C.F.R. 178.11.
3. The transfer of a firearm to a person licensed under 18 U.S.C. 923.
(D) Any person who violates any provision of this section shall upon conviction be fined not more than $1,000 for the first offense, or $5,000 for each subsequent offense.
SECTION 3. EFFECTIVE DATE
This Act shall take effect on July 1, 2006.
Gun Owner Accountability Act
Summary: The Gun Owner Accountability Act ensures that law enforcement officials have reliable information to trace the ownership of guns used in crime.
SECTION 1. SHORT TITLE
This Act shall be called the “Gun Owner Accountability Act.”
SECTION 2. RECORDS OF TRANSFER
After section XXX, the following new section XXX shall be inserted:
(A) For every firearm transferred in the state on or after January 1, 2007, the [State Police] shall maintain a record of transfer that contains the name, current address, and driver’s license number or state identification card number of the recipient of the firearm; the date of the transfer; the make, model and serial number of the firearm; and the name, address and, if applicable, federal firearms license number of the transferor.
(B) Once each year, the [State Police] shall confirm that each person for whom such a record exists is the owner of record of that firearm, identified by make, model and serial number, unless and until the person provides to the [State Police] one of the following:
1. Reliable evidence that the firearm has been lawfully transferred, including the name, current address, and driver’s license number or state identification card number of the legal recipient;
2. A copy of a report of the theft of the firearm filed with a law enforcement agency; or
3. Reliable evidence that the firearm has been destroyed.
(C) The [State Police] may collect from each person for whom a record of transfer exists a fee, not to exceed five dollars per firearm per year, to cover the costs of administering the program established by this section.
(D) Any person who violates any provision of this section, including a refusal to pay any fees authorized by this section, shall upon conviction be fined not more than $5,000 or be imprisoned for not more than one year, or both.
SECTION 3. EFFECTIVE DATE
This Act shall take effect on July 1, 2006.
Handgun Buyer Licensing Act
Summary: The Handgun Buyer Licensing Act ensures that every person who wishes to acquire a handgun first demonstrates at least a minimum level of knowledge and skill in the safe and lawful handling, storage and use of handguns, and has proven to a law enforcement agency that he or she is not prohibited by law from acquiring or possessing a handgun.
SECTION 1. SHORT TITLE
This Act shall be called the “Handgun Buyer Licensing Act.”
SECTION 2. HANDGUN BUYER LICENSING
After section XXX, the following new section XXX shall be inserted:
(A) DEFINITIONS—In this section:
1. “Handgun” means a firearm described in 18 U.S.C. 921(a)(29).
2. “Law enforcement agency” means the office of the Sheriff of any county or the office of the Chief of Police of any city or municipality.
(B) HANDGUN BUYER LICENSE
1. A person shall not transfer or receive transfer of any handgun unless the transferee displays a valid handgun buyer license and one other government-issued identification card bearing the transferee’s name, date of birth, current address, signature, and photograph.
2. Upon receipt of a written application, a local law enforcement agency shall, within 14 days, provide a handgun buyer license, unless the local law enforcement agency finds that the applicant is not qualified to receive a handgun buyer license.
3. An applicant shall be qualified to receive a handgun buyer license if he or she:
a. Has completed a safe handling course approved by the [Superintendent of State Police] that covers all of the following topics:
(1) The basic operation of pistols and revolvers.
(2) Safe procedures for loading and unloading pistols and revolvers.
(3) The operation of safety devices found on pistols or revolvers.
(4) Basic rules of safe handling of firearms.
(5) Safe storage of firearms and ammunition.
(6) Current laws governing the possession, transfer and use of firearms.
(7) Current laws governing the lawful use of lethal force.
b. Has passed a test of the knowledge and skills covered in the safe handling course.
c. Has provided to the law enforcement agency a full set of fingerprints for the purpose of conducting a background check.
d. Is not prohibited by the laws of [State] or of the United States from acquiring or possessing a firearm.
e. Is, at the time such determination is made, a current resident of [State], as demonstrated by a current mortgage stub, residential rental receipt, utility bill, or other comparable document in the name of the intended recipient and bearing a valid address in [State].
4. A handgun buyer license shall be valid for four years after it is issued. The local law enforcement agency may collect an application fee of up to $20 to defray costs.
5. The denial of, or failure to timely issue, a handgun buyer license may be appealed to the [Superintendent] of State Police. The [Superintendent] shall have the authority to promulgate rules in order to comply with this section.
6. A local law enforcement agency shall revoke a handgun buyer license if, after it is issued, the licensee becomes prohibited by the laws of [State] or of the United States from acquiring or possessing a firearm, or the licensee is no longer a current resident of [State].
7. This section shall not require the display of a handgun buyer license by:
a. Any law enforcement officer or agency; or
b. Any person licensed under 18 U.S.C. 923 for the purpose of receiving a handgun as inventory.
8. No civil liability shall arise from any action or inaction on the part of a local law enforcement agency in connection with either the approval or denial of a handgun buyer license.
9. Any person who willfully violates any provision of this section, or a person who attempts through misrepresentation to obtain a handgun in violation of this section, shall upon conviction be fined not more than $10,000 or imprisoned for not more than one year, or both.
SECTION 3. EFFECTIVE DATE
This Act shall take effect on July 1, 2006.
Assault Weapons Protection Act
Summary: The Assault Weapons Protection Act bans the purchase, sale or transfer of semiautomatic
assault weapons.
SECTION 1. SHORT TITLE
This Act shall be called the “Assault Weapons Protection Act.”
SECTION 2. FINDINGS AND PURPOSE
(A) FINDINGS—The legislature finds:
1. Semiautomatic assault weapons are military-style guns designed to rapidly kill large numbers of people. The shooter can simply point, rather than carefully aim, the weapon to quickly spray a wide area with a hail of bullets.
2. According to FBI data, one in five law enforcement officers slain in the line of duty between 1998 and 2001 was killed with an assault weapon.
3. For many years, gun manufacturers have made, marketed and sold to civilians semiautomatic versions of military assault weapons designed with features specifically intended to increase lethality for military applications.
4. Assault weapons have been used in some of America’s most notorious murders, including the 1999 massacre at Columbine High School and the 2002 Washington, D.C.-area sniper shootings.
(B) PURPOSE—This law is enacted to protect the health and safety of state residents by prohibiting the purchase, sale or transfer of semiautomatic assault weapons.
SECTION 3. ASSAULT WEAPONS PROTECTION
After section XXX, the following new section XXX shall be inserted:
(A) DEFINITIONS—In this section:
1. “Assault weapon” means:
a. Any semiautomatic or pump-action rifle or semiautomatic pistol that is capable of accepting a detachable magazine and that also possesses any of the following:
1) If the firearm is a rifle, a pistol grip located behind the trigger.
2) If the firearm is a rifle, a stock in any configuration, including but not limited to a thumbhole stock, a folding stock, or a telescoping stock, that allows the bearer of the firearm to grasp the firearm with the trigger hand such that the web of the trigger hand, between the thumb and forefinger, can be placed below the top of the external portion of the trigger during firing.
3) If the firearm is a pistol, a shoulder stock of any type or configuration, including but not limited to a folding stock or a telescoping stock.
4) A barrel shroud.
5) A muzzle brake or muzzle compensator.
6) Any feature capable of functioning as a protruding grip that can be held by the hand that is not the trigger hand, except an extension of the stock along the bottom of the barrel that does not substantially or completely encircle the barrel.
b. Any pistol that is capable of accepting a detachable magazine at any location outside of the pistol grip.
c. Any semiautomatic pistol, or any semiautomatic center-fire rifle, with a fixed magazine that has the capacity to accept more than ten rounds of ammunition.
d. Any shotgun capable of accepting a detachable magazine.
e. Any shotgun with a revolving cylinder magazine.
f. Any conversion kit or other combination of parts from which an assault weapon, as defined herein, can be assembled.
2. “Large-capacity detachable magazine” means a magazine which functions to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, and which has the capacity to hold more than ten rounds of ammunition.
3. “Barrel shroud” means a covering, other than a slide, that is attached to, or that substantially or completely encircles the barrel of a firearm and that allows the bearer of the firearm to hold the barrel with the non-shooting hand while firing the firearm, without burning that hand. The term shall not include an extension of the stock along the bottom of the barrel that does not substantially or completely encircle the barrel.
4. “Muzzle brake” means a device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.
5. “Muzzle compensator” means a device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement.
6. “Conversion kit” means any part or combination of parts designed and intended for use in converting a firearm into an assault weapon.
(B) PROHIBITION ON ASSAULT WEAPONS
1. No person shall manufacture, possess, purchase, sell or otherwise transfer any assault weapon, or assault weapon conversion kit.
2. No person shall possess or have under his or her control at one time both:
a. A semiautomatic or pump-action rifle or semiautomatic pistol capable of accepting a detachable magazine, and
b. A large-capacity detachable magazine capable of use with that firearm.
3. This section shall not apply to:
a. Any law enforcement agency or officer acting within the scope of his or her profession.
b. Any person licensed under 18 U.S.C. 923 for the purpose of selling an assault weapon or large-capacity detachable magazine to a law enforcement agency.
c. The possession of an unloaded assault weapon or large-capacity detachable magazine for the purpose of permanently relinquishing it to a law enforcement agency, pursuant to regulations adopted for such purpose by [the State Police]. Any assault weapon relinquished pursuant to this paragraph shall be destroyed.
d. An assault weapon that has been permanently disabled so that it is incapable of discharging a projectile.
e. The possession of an assault weapon while lawfully engaged in shooting at a duly licensed, lawfully operated shooting range.
f. The possession of an assault weapon during lawful participation in a sporting event that is officially sanctioned by a club or organization established in whole or in part for the purpose of sponsoring sport shooting events.
g. The possession of an assault weapon or large-capacity detachable magazine by a person who received the weapon by inheritance, bequest or succession, as long as the person complies with this section within 30 days of receipt.
h. The possession of an assault weapon that was legally possessed on the effective date of this Act, only if the person legally possessing the assault weapon has complied with all of the requirements of paragraph 4 of this section.
4. In order to continue to possess an assault weapon that was legally possessed on the effective date of this Act, the person possessing the assault weapon must:
a. Within 90 days following the effective date of this Act, submit to a background check identical to the background check conducted in connection with the purchase of a firearm from a licensed gun dealer.
b. Immediately register the assault weapon with the [State Police] pursuant to regulations adopted for such purpose.
c. Safely and securely store the assault weapon pursuant to regulations adopted for such purpose by the [State Police]. The [State Police] may, no more than once per year, conduct an inspection to ensure compliance with this subsection.
d. Annually renew both the registration and the background check.
e. Possess the assault weapon only on property owned or immediately controlled by the person, or while engaged in the legal use of the assault weapon at a duly licensed firing range, or while traveling to or from either of these locations for the purpose of engaging in the legal use of the assault weapon, provided that the assault weapon is stored unloaded and in a separate locked container during transport.
f. Pay a fee to the [State Police] for each registration and registration renewal, provided that such fee may not exceed the costs incurred by the [State Police] in administering the registration program.
(C) PENALTIES
Any person who willfully violates the provisions of this section shall upon conviction be fined not more than $10,000 or imprisoned for not more than two years, or both.
SECTION 4. EFFECTIVE DATE
This Act shall take effect on July 1, 2006.