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S.982 — 93rd Congress (1973-1974) [93rd]
Sponsor:
Sen. Kennedy, Edward M. [D-MA] (Introduced 02/22/1973)

Summary:
Summary: S.982 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (02/22/1973)

Personal Safety Firearms Act - Title I: Registration - Makes it unlawful for a person to knowingly possess a firearm that is not registered under this Act. Excludes from the registration requirement any firearm which has previously not been registered, if it is held for sale by a certified dealer who keeps records as required by the Secretary of the Treasury or if it is possessed by a Federal, a State or a local government body. Allows to remain unregistered for 180 days after the effective date of this Act any firearm possessed by a person on such date and continuously held by that person during the 180 day period.

Provides that a certified dealer, before selling a firearm to a person who must register it, must file such application with the Secretary at the time of sale. Requires that when a person other than a certified dealer sells a firearm, the purchaser must file an application for registration prior to receipt of the firearm.

Stipulates that the application form to be prescribed by the Secretary must include at least the following: (1) the name, address, date, and place of birth, and social security number of the applicant; (2) the name of the manufacturer, caliber, the model, the type, and the serial number of the firearm; and (3) the date, place, and the person from whom the firearms was obtained and such person's appropriate registration or license number. Requires that the prospective registrant keep a duplicate of his registration application, which duplicate shall suffice as temporary evidence of registration. Provides for the automatic expiration of the certified record of a firearm upon any change of name of the registered owner or residence, unless the Secretary is notified within 30 days of such change. Makes unlawful the carrying of a firearm required to be registered without having a registration certificate or temporary evidence of registration. Makes unlawful the refusal to exhibit such required registration information upon demand of a law enforcement officer.

Requires any registrant, who sells his registered firearm, to return his registration to the Secretary within 5 days of the sale and to give certain information about the transferee. Makes it mandatory for one who acquires a firearm subject to registration regulations to require the seller to exhibit a registration certificate, whose number must then be placed on the new registration application. Prohibits a licensed dealer from taking a firearm by way of pledge or pawn without also taking and retaining the registration certificate. Requires prompt notification of the death of a registrant or of the loss, theft or destruction of a firearm. Forbids a licensed dealer from selling ammunition for use in a firearm required to be registered without requiring the purchaser to exhibit his registration certificate for a firearm which uses such ammunition.

Provides that whoever violates the registration requirements shall be punished by a fine of not more than $5,000 and/or a fine not to exceed $10,000.

Allows the Secretary to pay reasonable value for firearms voluntarily relinquished to him. Provides that any information as to any registration or application shall be disclosed only to the National Crime Information Center.

Title II: Licensing - Requires the Secretary to determine which States have adequate permit systems for the possession of firearms and to publish in the Federal Register the names of such States. Provides for certain provisions to be met for an adequate permit system.

Makes it unlawful for any person to sell or otherwise transfer any firearm or ammunition to any person other than a licensed importer, licensed manufacturer or licensed dealer unless: (1) the sale or transfer is not prohibited by any other provision of this Act and (2) the purchaser or transferee exhibits a valid permit issued to him by a State or political subdivision having an adequate permit system, or the purchaser or transferee exhibits a valid Federal gun license.

Directs a licensed dealer to issue a Federal gun license to a person upon presentation of the following: (1) a valid official document issued by the person's State or political subdivision, showing his name, current address, age, signature and photograph; (2) a Statement, in a form to be prescribed by the Secretary and dated within six months and signed by the chief law enforcement officer (or his delegate) of the locality of residence of the person, that to the best of that officer's knowledge that person is not under indictment, has not been convicted in any court of a crime punishable by imprisonment for a term exceeding one year, is not a fugitive from justice, and is not otherwise prohibited by any provision of Federal, States, or local law from possessing firearms and ammunition; (3) a statement in a form to be prescribed by the Secretary, dated within six months and signed by a licensed physician, that in his professional opinion such person is mentally and physically capable of possessing and using a firearm safely and responsibly; (4) a statement signed by the Secretary, that he may lawfully possess firearms and ammunition under the laws of the United States and of the State and political subdivision of his residence; and (5) a complete set of such person's fingerprints certified to by a Federal, State or local law enforcement officer, and a photograph reasonably identifying the person.

Provides that such Federal gun licenses shall be issued in the form prescribed by the Secretary and shall be valid for a period not exceeding three years. Accords any person denied a Federal gun license the right to apply directly to the Secretary for the issuance of a Federal gun license.

Permits, unless otherwise prohibited by this Act, a licensed dealer to ship a firearm or ammunition to a person only if the dealer confirms that the purchaser has been issued a valid permit pursuant to an adequate State permit system, a Federal gun license, or a Federal dealer's license, and notes the number of such permit or license.

Prohibits any person to possess a firearm or ammunition without a valid State or local permit, if he is resident or a State or locality having an adequate permit system, or a Federal gun license.

Title III: Hand-Held Firearms - Makes it unlawful for any person to import, manufacture, sell, buy, transfer, receive, or transport any hand held firearm which the Secretary determines to be unsuitable for such purposes as law enforcement, military and protective uses or hunting and sport shooting. Permits the Secretary, consistent with public safety and necessity, to exempt from the hand held firearm prohibition such importation, manufacture, sale, purchase, transfer, receipt, or transportation of firearms by importers, manufacturers, dealers, licensed under this Act. Provides that such exemptions may take into consideration not only the needs of police officers and security guards, sportsmen, target shooters, and firearms collectors, but also small businesses in high crime areas and other who can demonstrate a special need for self-protection.

Defines the term "hand held firearm" to mean any weapon designed or redesigned and intended to be fired while held in one hand; having a barrel less than ten inches in length and designed, redesigned or made or remade to use the energy of an explosive to expel a projectile or projectiles through a smooth or rifled bore.

Title IV: General Provisions - Provides that no provision of this Act shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provisions operate to the exclusion of the law of a State or possession or political subdivision thereof, on the same subject matter, or to relieve any person of any obligation imposed by any law of any State, possession, or political subdivision thereof. (Adds 18 U.S.C. 923A; 931-938; Amends 18 U.S.C. 922(n))


Major Actions:
Summary: S.982 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (02/22/1973)

Personal Safety Firearms Act - Title I: Registration - Makes it unlawful for a person to knowingly possess a firearm that is not registered under this Act. Excludes from the registration requirement any firearm which has previously not been registered, if it is held for sale by a certified dealer who keeps records as required by the Secretary of the Treasury or if it is possessed by a Federal, a State or a local government body. Allows to remain unregistered for 180 days after the effective date of this Act any firearm possessed by a person on such date and continuously held by that person during the 180 day period.

Provides that a certified dealer, before selling a firearm to a person who must register it, must file such application with the Secretary at the time of sale. Requires that when a person other than a certified dealer sells a firearm, the purchaser must file an application for registration prior to receipt of the firearm.

Stipulates that the application form to be prescribed by the Secretary must include at least the following: (1) the name, address, date, and place of birth, and social security number of the applicant; (2) the name of the manufacturer, caliber, the model, the type, and the serial number of the firearm; and (3) the date, place, and the person from whom the firearms was obtained and such person's appropriate registration or license number. Requires that the prospective registrant keep a duplicate of his registration application, which duplicate shall suffice as temporary evidence of registration. Provides for the automatic expiration of the certified record of a firearm upon any change of name of the registered owner or residence, unless the Secretary is notified within 30 days of such change. Makes unlawful the carrying of a firearm required to be registered without having a registration certificate or temporary evidence of registration. Makes unlawful the refusal to exhibit such required registration information upon demand of a law enforcement officer.

Requires any registrant, who sells his registered firearm, to return his registration to the Secretary within 5 days of the sale and to give certain information about the transferee. Makes it mandatory for one who acquires a firearm subject to registration regulations to require the seller to exhibit a registration certificate, whose number must then be placed on the new registration application. Prohibits a licensed dealer from taking a firearm by way of pledge or pawn without also taking and retaining the registration certificate. Requires prompt notification of the death of a registrant or of the loss, theft or destruction of a firearm. Forbids a licensed dealer from selling ammunition for use in a firearm required to be registered without requiring the purchaser to exhibit his registration certificate for a firearm which uses such ammunition.

Provides that whoever violates the registration requirements shall be punished by a fine of not more than $5,000 and/or a fine not to exceed $10,000.

Allows the Secretary to pay reasonable value for firearms voluntarily relinquished to him. Provides that any information as to any registration or application shall be disclosed only to the National Crime Information Center.

Title II: Licensing - Requires the Secretary to determine which States have adequate permit systems for the possession of firearms and to publish in the Federal Register the names of such States. Provides for certain provisions to be met for an adequate permit system.

Makes it unlawful for any person to sell or otherwise transfer any firearm or ammunition to any person other than a licensed importer, licensed manufacturer or licensed dealer unless: (1) the sale or transfer is not prohibited by any other provision of this Act and (2) the purchaser or transferee exhibits a valid permit issued to him by a State or political subdivision having an adequate permit system, or the purchaser or transferee exhibits a valid Federal gun license.

Directs a licensed dealer to issue a Federal gun license to a person upon presentation of the following: (1) a valid official document issued by the person's State or political subdivision, showing his name, current address, age, signature and photograph; (2) a Statement, in a form to be prescribed by the Secretary and dated within six months and signed by the chief law enforcement officer (or his delegate) of the locality of residence of the person, that to the best of that officer's knowledge that person is not under indictment, has not been convicted in any court of a crime punishable by imprisonment for a term exceeding one year, is not a fugitive from justice, and is not otherwise prohibited by any provision of Federal, States, or local law from possessing firearms and ammunition; (3) a statement in a form to be prescribed by the Secretary, dated within six months and signed by a licensed physician, that in his professional opinion such person is mentally and physically capable of possessing and using a firearm safely and responsibly; (4) a statement signed by the Secretary, that he may lawfully possess firearms and ammunition under the laws of the United States and of the State and political subdivision of his residence; and (5) a complete set of such person's fingerprints certified to by a Federal, State or local law enforcement officer, and a photograph reasonably identifying the person.

Provides that such Federal gun licenses shall be issued in the form prescribed by the Secretary and shall be valid for a period not exceeding three years. Accords any person denied a Federal gun license the right to apply directly to the Secretary for the issuance of a Federal gun license.

Permits, unless otherwise prohibited by this Act, a licensed dealer to ship a firearm or ammunition to a person only if the dealer confirms that the purchaser has been issued a valid permit pursuant to an adequate State permit system, a Federal gun license, or a Federal dealer's license, and notes the number of such permit or license.

Prohibits any person to possess a firearm or ammunition without a valid State or local permit, if he is resident or a State or locality having an adequate permit system, or a Federal gun license.

Title III: Hand-Held Firearms - Makes it unlawful for any person to import, manufacture, sell, buy, transfer, receive, or transport any hand held firearm which the Secretary determines to be unsuitable for such purposes as law enforcement, military and protective uses or hunting and sport shooting. Permits the Secretary, consistent with public safety and necessity, to exempt from the hand held firearm prohibition such importation, manufacture, sale, purchase, transfer, receipt, or transportation of firearms by importers, manufacturers, dealers, licensed under this Act. Provides that such exemptions may take into consideration not only the needs of police officers and security guards, sportsmen, target shooters, and firearms collectors, but also small businesses in high crime areas and other who can demonstrate a special need for self-protection.

Defines the term "hand held firearm" to mean any weapon designed or redesigned and intended to be fired while held in one hand; having a barrel less than ten inches in length and designed, redesigned or made or remade to use the energy of an explosive to expel a projectile or projectiles through a smooth or rifled bore.

Title IV: General Provisions - Provides that no provision of this Act shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provisions operate to the exclusion of the law of a State or possession or political subdivision thereof, on the same subject matter, or to relieve any person of any obligation imposed by any law of any State, possession, or political subdivision thereof. (Adds 18 U.S.C. 923A; 931-938; Amends 18 U.S.C. 922(n))


Amendments:
Summary: S.982 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (02/22/1973)

Personal Safety Firearms Act - Title I: Registration - Makes it unlawful for a person to knowingly possess a firearm that is not registered under this Act. Excludes from the registration requirement any firearm which has previously not been registered, if it is held for sale by a certified dealer who keeps records as required by the Secretary of the Treasury or if it is possessed by a Federal, a State or a local government body. Allows to remain unregistered for 180 days after the effective date of this Act any firearm possessed by a person on such date and continuously held by that person during the 180 day period.

Provides that a certified dealer, before selling a firearm to a person who must register it, must file such application with the Secretary at the time of sale. Requires that when a person other than a certified dealer sells a firearm, the purchaser must file an application for registration prior to receipt of the firearm.

Stipulates that the application form to be prescribed by the Secretary must include at least the following: (1) the name, address, date, and place of birth, and social security number of the applicant; (2) the name of the manufacturer, caliber, the model, the type, and the serial number of the firearm; and (3) the date, place, and the person from whom the firearms was obtained and such person's appropriate registration or license number. Requires that the prospective registrant keep a duplicate of his registration application, which duplicate shall suffice as temporary evidence of registration. Provides for the automatic expiration of the certified record of a firearm upon any change of name of the registered owner or residence, unless the Secretary is notified within 30 days of such change. Makes unlawful the carrying of a firearm required to be registered without having a registration certificate or temporary evidence of registration. Makes unlawful the refusal to exhibit such required registration information upon demand of a law enforcement officer.

Requires any registrant, who sells his registered firearm, to return his registration to the Secretary within 5 days of the sale and to give certain information about the transferee. Makes it mandatory for one who acquires a firearm subject to registration regulations to require the seller to exhibit a registration certificate, whose number must then be placed on the new registration application. Prohibits a licensed dealer from taking a firearm by way of pledge or pawn without also taking and retaining the registration certificate. Requires prompt notification of the death of a registrant or of the loss, theft or destruction of a firearm. Forbids a licensed dealer from selling ammunition for use in a firearm required to be registered without requiring the purchaser to exhibit his registration certificate for a firearm which uses such ammunition.

Provides that whoever violates the registration requirements shall be punished by a fine of not more than $5,000 and/or a fine not to exceed $10,000.

Allows the Secretary to pay reasonable value for firearms voluntarily relinquished to him. Provides that any information as to any registration or application shall be disclosed only to the National Crime Information Center.

Title II: Licensing - Requires the Secretary to determine which States have adequate permit systems for the possession of firearms and to publish in the Federal Register the names of such States. Provides for certain provisions to be met for an adequate permit system.

Makes it unlawful for any person to sell or otherwise transfer any firearm or ammunition to any person other than a licensed importer, licensed manufacturer or licensed dealer unless: (1) the sale or transfer is not prohibited by any other provision of this Act and (2) the purchaser or transferee exhibits a valid permit issued to him by a State or political subdivision having an adequate permit system, or the purchaser or transferee exhibits a valid Federal gun license.

Directs a licensed dealer to issue a Federal gun license to a person upon presentation of the following: (1) a valid official document issued by the person's State or political subdivision, showing his name, current address, age, signature and photograph; (2) a Statement, in a form to be prescribed by the Secretary and dated within six months and signed by the chief law enforcement officer (or his delegate) of the locality of residence of the person, that to the best of that officer's knowledge that person is not under indictment, has not been convicted in any court of a crime punishable by imprisonment for a term exceeding one year, is not a fugitive from justice, and is not otherwise prohibited by any provision of Federal, States, or local law from possessing firearms and ammunition; (3) a statement in a form to be prescribed by the Secretary, dated within six months and signed by a licensed physician, that in his professional opinion such person is mentally and physically capable of possessing and using a firearm safely and responsibly; (4) a statement signed by the Secretary, that he may lawfully possess firearms and ammunition under the laws of the United States and of the State and political subdivision of his residence; and (5) a complete set of such person's fingerprints certified to by a Federal, State or local law enforcement officer, and a photograph reasonably identifying the person.

Provides that such Federal gun licenses shall be issued in the form prescribed by the Secretary and shall be valid for a period not exceeding three years. Accords any person denied a Federal gun license the right to apply directly to the Secretary for the issuance of a Federal gun license.

Permits, unless otherwise prohibited by this Act, a licensed dealer to ship a firearm or ammunition to a person only if the dealer confirms that the purchaser has been issued a valid permit pursuant to an adequate State permit system, a Federal gun license, or a Federal dealer's license, and notes the number of such permit or license.

Prohibits any person to possess a firearm or ammunition without a valid State or local permit, if he is resident or a State or locality having an adequate permit system, or a Federal gun license.

Title III: Hand-Held Firearms - Makes it unlawful for any person to import, manufacture, sell, buy, transfer, receive, or transport any hand held firearm which the Secretary determines to be unsuitable for such purposes as law enforcement, military and protective uses or hunting and sport shooting. Permits the Secretary, consistent with public safety and necessity, to exempt from the hand held firearm prohibition such importation, manufacture, sale, purchase, transfer, receipt, or transportation of firearms by importers, manufacturers, dealers, licensed under this Act. Provides that such exemptions may take into consideration not only the needs of police officers and security guards, sportsmen, target shooters, and firearms collectors, but also small businesses in high crime areas and other who can demonstrate a special need for self-protection.

Defines the term "hand held firearm" to mean any weapon designed or redesigned and intended to be fired while held in one hand; having a barrel less than ten inches in length and designed, redesigned or made or remade to use the energy of an explosive to expel a projectile or projectiles through a smooth or rifled bore.

Title IV: General Provisions - Provides that no provision of this Act shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provisions operate to the exclusion of the law of a State or possession or political subdivision thereof, on the same subject matter, or to relieve any person of any obligation imposed by any law of any State, possession, or political subdivision thereof. (Adds 18 U.S.C. 923A; 931-938; Amends 18 U.S.C. 922(n))


Cosponsors:
Summary: S.982 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (02/22/1973)

Personal Safety Firearms Act - Title I: Registration - Makes it unlawful for a person to knowingly possess a firearm that is not registered under this Act. Excludes from the registration requirement any firearm which has previously not been registered, if it is held for sale by a certified dealer who keeps records as required by the Secretary of the Treasury or if it is possessed by a Federal, a State or a local government body. Allows to remain unregistered for 180 days after the effective date of this Act any firearm possessed by a person on such date and continuously held by that person during the 180 day period.

Provides that a certified dealer, before selling a firearm to a person who must register it, must file such application with the Secretary at the time of sale. Requires that when a person other than a certified dealer sells a firearm, the purchaser must file an application for registration prior to receipt of the firearm.

Stipulates that the application form to be prescribed by the Secretary must include at least the following: (1) the name, address, date, and place of birth, and social security number of the applicant; (2) the name of the manufacturer, caliber, the model, the type, and the serial number of the firearm; and (3) the date, place, and the person from whom the firearms was obtained and such person's appropriate registration or license number. Requires that the prospective registrant keep a duplicate of his registration application, which duplicate shall suffice as temporary evidence of registration. Provides for the automatic expiration of the certified record of a firearm upon any change of name of the registered owner or residence, unless the Secretary is notified within 30 days of such change. Makes unlawful the carrying of a firearm required to be registered without having a registration certificate or temporary evidence of registration. Makes unlawful the refusal to exhibit such required registration information upon demand of a law enforcement officer.

Requires any registrant, who sells his registered firearm, to return his registration to the Secretary within 5 days of the sale and to give certain information about the transferee. Makes it mandatory for one who acquires a firearm subject to registration regulations to require the seller to exhibit a registration certificate, whose number must then be placed on the new registration application. Prohibits a licensed dealer from taking a firearm by way of pledge or pawn without also taking and retaining the registration certificate. Requires prompt notification of the death of a registrant or of the loss, theft or destruction of a firearm. Forbids a licensed dealer from selling ammunition for use in a firearm required to be registered without requiring the purchaser to exhibit his registration certificate for a firearm which uses such ammunition.

Provides that whoever violates the registration requirements shall be punished by a fine of not more than $5,000 and/or a fine not to exceed $10,000.

Allows the Secretary to pay reasonable value for firearms voluntarily relinquished to him. Provides that any information as to any registration or application shall be disclosed only to the National Crime Information Center.

Title II: Licensing - Requires the Secretary to determine which States have adequate permit systems for the possession of firearms and to publish in the Federal Register the names of such States. Provides for certain provisions to be met for an adequate permit system.

Makes it unlawful for any person to sell or otherwise transfer any firearm or ammunition to any person other than a licensed importer, licensed manufacturer or licensed dealer unless: (1) the sale or transfer is not prohibited by any other provision of this Act and (2) the purchaser or transferee exhibits a valid permit issued to him by a State or political subdivision having an adequate permit system, or the purchaser or transferee exhibits a valid Federal gun license.

Directs a licensed dealer to issue a Federal gun license to a person upon presentation of the following: (1) a valid official document issued by the person's State or political subdivision, showing his name, current address, age, signature and photograph; (2) a Statement, in a form to be prescribed by the Secretary and dated within six months and signed by the chief law enforcement officer (or his delegate) of the locality of residence of the person, that to the best of that officer's knowledge that person is not under indictment, has not been convicted in any court of a crime punishable by imprisonment for a term exceeding one year, is not a fugitive from justice, and is not otherwise prohibited by any provision of Federal, States, or local law from possessing firearms and ammunition; (3) a statement in a form to be prescribed by the Secretary, dated within six months and signed by a licensed physician, that in his professional opinion such person is mentally and physically capable of possessing and using a firearm safely and responsibly; (4) a statement signed by the Secretary, that he may lawfully possess firearms and ammunition under the laws of the United States and of the State and political subdivision of his residence; and (5) a complete set of such person's fingerprints certified to by a Federal, State or local law enforcement officer, and a photograph reasonably identifying the person.

Provides that such Federal gun licenses shall be issued in the form prescribed by the Secretary and shall be valid for a period not exceeding three years. Accords any person denied a Federal gun license the right to apply directly to the Secretary for the issuance of a Federal gun license.

Permits, unless otherwise prohibited by this Act, a licensed dealer to ship a firearm or ammunition to a person only if the dealer confirms that the purchaser has been issued a valid permit pursuant to an adequate State permit system, a Federal gun license, or a Federal dealer's license, and notes the number of such permit or license.

Prohibits any person to possess a firearm or ammunition without a valid State or local permit, if he is resident or a State or locality having an adequate permit system, or a Federal gun license.

Title III: Hand-Held Firearms - Makes it unlawful for any person to import, manufacture, sell, buy, transfer, receive, or transport any hand held firearm which the Secretary determines to be unsuitable for such purposes as law enforcement, military and protective uses or hunting and sport shooting. Permits the Secretary, consistent with public safety and necessity, to exempt from the hand held firearm prohibition such importation, manufacture, sale, purchase, transfer, receipt, or transportation of firearms by importers, manufacturers, dealers, licensed under this Act. Provides that such exemptions may take into consideration not only the needs of police officers and security guards, sportsmen, target shooters, and firearms collectors, but also small businesses in high crime areas and other who can demonstrate a special need for self-protection.

Defines the term "hand held firearm" to mean any weapon designed or redesigned and intended to be fired while held in one hand; having a barrel less than ten inches in length and designed, redesigned or made or remade to use the energy of an explosive to expel a projectile or projectiles through a smooth or rifled bore.

Title IV: General Provisions - Provides that no provision of this Act shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provisions operate to the exclusion of the law of a State or possession or political subdivision thereof, on the same subject matter, or to relieve any person of any obligation imposed by any law of any State, possession, or political subdivision thereof. (Adds 18 U.S.C. 923A; 931-938; Amends 18 U.S.C. 922(n))


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