Amendment102nd Congress
An amendment to require the Justice Department, within six months of enactment of the bill, to institute a toll-free number, which firearms dealers must call to obtain a background check on each prospective buyer to determine if a purchaser is eligible or ineligible to buy a handgun. Such information would be verified through a unique transaction number that the dealer must keep on file. If the necessary information cannot be obtained on the hotline within 24 hours, the sale can be completed. Under the provisions of the substitute, the Justice Department would be required to maintain records with sufficient accuracy so that no more than 2% of the responses erroneously determine that a purchaser is prohibited from buying a handgun. The Justice Department must establish regulations to ensure that a caller to the number is a licensed seller. If the Justice Department informs the dealer that the buyer is prohibited from purchasing a handgun, the buyer may request the specific reasons as to why from the Justice Department which in turn must respond within 5 days. Corrective information, if available and necessary, may be submitted by the buyer. After consideration of such information by the Justice Department, records must be corrected within 5 days, if warranted. If a seller knowingly fails to make the call, and the Justice Department has records that would ha.e yielded a prohibitive response to a request for purchase, then the Federal Government may suspend for 6 months or revoke the license of the seller, or may impose a civil penalty of not more than $5,000. The seller may appeal such a decision, both administratively and through the courts. Exceptions to the foregoing provisions would apply if a buyer has a permit to purchase or carry a firearm issued by the state or local authorities in which the sale is to occur; if a buyer has been approved by BATF authorities to purchase a firearm under the National Firearms Act; in situations when states already have a toll-free record check or other background check and have approved the sale; in situations where telephone service is unavailable, or hotline contact is impaired for certain reasons.
- Amendment Number
- 53
- Description
- An amendment to require the Justice Department, within six months of enactment of the bill, to institute a toll-free number, which firearms dealers must call to obtain a background check on each prospective buyer to determine if a purchaser is eligible or ineligible to buy a handgun. Such information would be verified through a unique transaction number that the dealer must keep on file. If the necessary information cannot be obtained on the hotline within 24 hours, the sale can be completed. Under the provisions of the substitute, the Justice Department would be required to maintain records with sufficient accuracy so that no more than 2% of the responses erroneously determine that a purchaser is prohibited from buying a handgun. The Justice Department must establish regulations to ensure that a caller to the number is a licensed seller. If the Justice Department informs the dealer that the buyer is prohibited from purchasing a handgun, the buyer may request the specific reasons as to why from the Justice Department which in turn must respond within 5 days. Corrective information, if available and necessary, may be submitted by the buyer. After consideration of such information by the Justice Department, records must be corrected within 5 days, if warranted. If a seller knowingly fails to make the call, and the Justice Department has records that would ha.e yielded a prohibitive response to a request for purchase, then the Federal Government may suspend for 6 months or revoke the license of the seller, or may impose a civil penalty of not more than $5,000. The seller may appeal such a decision, both administratively and through the courts. Exceptions to the foregoing provisions would apply if a buyer has a permit to purchase or carry a firearm issued by the state or local authorities in which the sale is to occur; if a buyer has been approved by BATF authorities to purchase a firearm under the National Firearms Act; in situations when states already have a toll-free record check or other background check and have approved the sale; in situations where telephone service is unavailable, or hotline contact is impaired for certain reasons.
- Purpose
- Amendment in the nature of a substitute sought to require handgun dealers to call a toll free number established by the Department of Justice for an instantaneous check on the background of prospective handgun buyers to see if the buyer is legally prohibited from purchasing a handgun. \ The bill requires a seven day waiting period for the purchase of a handgun. During the waiting period the gun dealer is required to send the name of the prospective buyer to the local police in order to determine if the person is legally entitled to purchase a gun.
- Congress
- 102
- Type
- HAMDT
- Latest Action Date
- May 8, 1991
- Latest Action Text
- On agreeing to the Staggers amendment (A001) Failed by recorded vote: 193 - 234 (Roll no. 81).
- Latest Action Time
- 18:20:23
- Submitted Date
- May 8, 1991
- Chamber
- House of Representatives
- Update Date
- Jun 7, 2021