Vol. 59 No. 140 Friday, July 22, 1994  p 37532 (Notice)   1/386


Bureau of Alcohol, Tobacco and Firearms

[Notice No. 795]

RIN 1512-AB23

States Subject to the Waiting Period Provision Imposed by the
Brady Handgun Violence Prevention Act; States Having Alternative
Systems to the Waiting Period Provision; Listing of Chief Law
Enforcement Officers for Purposes of the Brady Handgun Violence
Prevention Act (93F-057P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department
of the Treasury.

ACTION: Notice of States subject to the waiting period provision
of the Brady Handgun Violence Prevention Act and States having
alternative systems, and a list of chief law enforcement officers
for purposes of the Brady Handgun Violence Prevention Act.


SUMMARY: Beginning on February 28, 1994, the Brady Handgun Violence
Prevention Act imposes a 5-day waiting period on the sale, delivery,
or transfer of a handgun in States that do not require a background
check. ATF is issuing this notice to inform Federal firearms
licensees of the States that do not currently require a background
check, as well as those States requiring a background check
for handgun purchasers. In addition, ATF has compiled a list
of chief law enforcement officers for purposes of the Brady
Handgun Violence Prevention Act.

FOR FURTHER INFORMATION CONTACT: James P. Ficaretta, Revenue
Programs Division, Bureau of Alcohol, Tobacco and Firearms,
650 Massachusetts Avenue, NW., Washington, DC 20226 (202-927-
8230).

SUPPLEMENTARY INFORMATION:


Background

   On November 30, 1993, Public Law 103-159 (107 Stat. 1536)
was enacted, amending the Gun Control Act of 1968 (GCA), as
amended (18 U.S.C. Chapter 44). Title I of Pub. L. 103-159,
cited as the "Brady Handgun Violence Prevention Act" (hereafter
"the Act") provides, in part, for a national waiting period
of 5 days before a licensed importer, manufacturer, or dealer
may lawfully transfer a handgun to a nonlicensed individual.
   The Act provides that the waiting period provisions of the
law are effective on February 28, 1994, and cease to apply on
November 30, 1998. The statute also provides alternatives to
the waiting period provisions.
   On February 14, 1994, ATF issued temporary regulations implementing
the provisions of Public Law 103-159 (T.D. ATF-354, 59 FR 7110).
   During February, letters were sent to all Federal firearms
licensees advising them as to whether their sales or other dispositions
were subject to the Federal 5-day waiting period or their State
background check system. In addition, licensees in States which
are subject to the Federal 5-day waiting period were advised
of the designated chief law enforcement officers in their State.
   ATF has completed a study of relevant State laws to determine
which States are subject to the federal waiting period provisions
and which qualify as "alternative" States. Information regarding
each category is set out below:

States Subject to the Federal Five Day Waiting Period and Their
Respective Chief Law Enforcement Officers for Brady Purposes


Alabama

   The County Sheriff.

Alaska

   The Chief of Police in areas having a police department.
   The Alaska State Troopers in areas without a Chief of Police.

Arizona

   The Chief of Police in incorporated areas and the County
Sheriff in unincorporated areas. In Maricopa County, the Chief
of Police, Phoenix Police Department for both the City of Phoenix
and all other municipalities in the metropolitan Phoenix area.
The County Sheriff for the unincorporated areas of Maricopa
County.

Arkansas

   The Arkansas State Police.

Georgia

   The Federal 5-day waiting period does not apply to transfers
of handguns to persons holding a valid Georgia license to carry
any pistol or revolver issued by the State within 5 years of
the proposed purchase.
   In all other instances, the County Sheriff, except in the
following Counties:
Bacon County-Chief, Alma Police Department
Dekalb County-Chief, Dekalb County Police Department
Elbert County-Chief, Elberton Police Department
Evans County-Chief, Claxton Police Department
Irwin County-Chief, Ocilla Police Department
Jefferson County-Chief, Wrens Police Department
Wilkinson County-Chief, Gordon Police Department

Kansas

   The County Sheriff.
   The Chief of Police for the incorporated cities and towns
in Johnson County.

Kentucky

   The Kentucky State Police.

Louisiana

   The Sheriff.
   The Superintendent of Police for New Orleans in Orleans Parish.

Maine

   The Chief of Police in areas having a municipal police department
and the State Police in all other areas.

Mariana Islands

   The Department of Public Safety, Bureau of Motor Vehicles,
Criminal Record and Firearm ID, Civic Center Susupe, Saipan,
MP 96950, Attn. Chief Anthony G. Adriano; telephone number 011-
670-234-6921.

Minnesota

   The Municipal Police Chief.
   The County Sheriff where there is no local police agency.

Mississippi

   The Federal 5-day waiting period does not apply to transfers
of handguns to persons holding a valid license to carry concealed
pistol or revolver issued by the State within 5 years of the
proposed purchase.
   In all other instances, the Chief of Police in incorporated
areas and the County Sheriff in unincorporated areas.

Montana

   The Chief of Police in incorporated areas and the County
Sheriff in unincorporated areas.

Nevada

   The Department of Motor Vehicles and Public Safety, Nevada
Highway Patrol, Records and Identification Services, 555 Wright
Way, Carson City, Nevada 89711; telephone number 1-800-474-7865.
The local telephone number 702-687-6200.

New Hampshire

   The Chief of Police or the County Sheriff in areas not covered
by a Chief of Police.

New Mexico

   The Chief of Police in incorporated areas and the County
Sheriff in unincorporated areas.

North Carolina

   The County Sheriff.

North Dakota

   The Federal 5-day waiting period does not apply to transfers
of handguns to persons holding a valid permit to carry concealed
handgun issued by the State within 5 years of the proposed purchase.
   In all other instances, the County Sheriff.

Ohio

   The Attorney General, whose designated representative is
the Superintendent of the Bureau of Criminal Identification
and Investigation.

Oklahoma

   The Chief of Police in incorporated cities and towns.
   The County Sheriff in incorporated cities and towns having
no police authority of their own.
   The County Sheriff in unincorporated areas.

Pennsylvania

   The Federal 5-day waiting period does not apply to transfers
of handguns to persons holding a valid permit/ license to carry
a handgun issued by the State within 5 years of the proposed
purchase.
   In all other instances, the County Sheriff. The Commissioner
of the Philadelphia Police Department in Philadelphia County.

Puerto Rico

   The Police Superintendent, c/o Jose Marrero, Firearms Bureau
Chief, GPO Box 70166, San Juan, Puerto Rico 00936.

Rhode Island

   The Chief of Police.

South Carolina

   The South Carolina Law Enforcement Division (SLED); telephone
number 803-737-9000.

South Dakota

   The Federal 5-day waiting period does not apply to transfers
of handguns to persons holding a valid permit to carry concealed
handgun issued by the State within 5 years of the proposed purchase.
   In all other instances, the County Sheriff.

Texas

   The Chief of Police in incorporated cities and towns and
the County Sheriff in unincorporated areas.

Vermont

   In the counties of Caledonia, Chittenden, Essex, Franklin,
Grand Isle, Orleans, and Windham-the County Sheriff.
   In Addison County, Troop C of the State Police, except that
in the towns of Bristol, Middlebury, and Vergennes-the Chief
of Police.
   In Lamoille County, the Sheriff, except that in the town
of Morristown-the Chief of Police.
   In Orange County, the State Police.
   In Remington County, the State Police, except that in the
towns of Bennington, Manchester, and Winhall-the Chief of Police.
   In Rutland County, the State Police, except that in the towns
of Brandon and Rutland-the Chief of Police.
   In Washington County-the County Sheriff, except that in the
town of Montpelier-the Chief of Police.
   In Windsor County-the State Police, except that in the towns
of Hartford and Springfield-the Chief of Police.

Washington

   The Chief of Police in incorporated areas and the County
Sheriff in unincorporated areas.

West Virginia

   The West Virginia State Police.

Wyoming

Albany County-County Records and Communications
Big Horn County-County Sheriff
Campbell County-County Sheriff (except the city of Gillette)
Gillette-Chief of Police
Carbon County-County Sheriff (except the cities of Encampment,
  Saratoga, and Rawlins)
Encampment-Chief of Police
Saratoga-Chief of Police
Rawlins-Chief of Police
Converse County-Chief of Police of Douglas (except the city
  of Glenrock)
Glenrock-Chief of Police
Crook County-County Sheriff
Fremont County-County Sheriff (except the city of Riverton)
Riverton-Chief of Police
Goshen County-Chief of Police of Torrington
Hot Springs County-County Sheriff
Johnson County-County Sheriff
Laramie County-County Sheriff (except the city of Cheyenne)
Cheyenne-Chief of Police
Lincoln County-County Sheriff
Natrona County-Chief of Police of Casper
Nicbrara County-County Sheriff
Park County-Cody Law Enforcement Center (except the city of
  Powell)
Powell-Chief of Police
Platte County-County Sheriff
Sheridan County-Chief of Police
Sublette County-County Sheriff
Sweetwater County-County Sheriff (except the cities of Green
  River and Rock Springs)
Green River-Chief of Police
Rock Springs-Chief of Police
Teton County-County Sheriff
Uinta County-County Sheriff
Washakie County-Chief of Police of Worland
Weston County-Chief of Police of Newcastle
Yellowstone National Park-Law Enforcement Office

Military Installations and Indian Reservations in States Subject
to the Federal Five Day Waiting Period

   On military installations, the Provost Marshal or an equivalent
official on the military installation.
   On Indian reservations, the law enforcement agency having
jurisdiction to enforce the law on the Indian reservation.

Alternatives to the Waiting Period

   ATF has completed a study of all States to determine which
States currently have laws that qualify as alternatives to the
5-day waiting period requirements.
   A list of States having such alternative systems appears
below.

States Not Subject to the Federal Five Day Waiting Period

California-Permit or other approval type system
Colorado-"Instant check"
Connecticut-Permit or other approval type system
Delaware-"Instant check"
Florida-"Instant check"
Guam-Permit or other approval type system
Hawaii-Permit or other approval type system
Idaho-"Instant check"
Illinois-Permit and "instant check"
Indiana-Permit or other approval type system
Iowa-Permit or other approval type system
Maryland-Permit or other approval type system
Massachusetts-Permit or other approval type system
Michigan-Permit or other approval type system
Missouri-Permit or other approval type system
Nebraska-Permit or other approval type system
New Jersey-Permit or other approval type system
New York-Permit or other approval type system
Oregon-Permit or other approval type system
Tennessee-Permit or other approval type system
Utah-"Instant check"
Virginia-"Instant check"
Virgin Islands-Permit or other approval type system
Wisconsin-"Instant check"

Availability of Information

   The list of States subject to the Federal 5-day waiting period,
the list of chief law enforcement officers for such States,
and the list of States not subject to the Federal 5-day waiting
period, are based on available information. These lists are
subject to change because of possible amendments to State laws
and changes in the designations of chief law enforcement officers
which may occur either before or after publication of this notice.
Therefore, ATF recommends that Federal firearms licensees, and
other interested persons, maintain contact with the appropriate
State and local officials for updated information on these matters.
Federal firearms licensees are reminded that if they are notified
by a chief law enforcement officer described herein or by ATF
that another law enforcement agency is serving as the Brady
chief law enforcement officer, they must act in accordance with
the actual notice received as opposed to the information contained
in this general notice.

Drafting Information

   The author of this document is James P. Ficaretta, Revenue
Programs Division, Bureau of Alcohol, Tobacco and Firearms.

Authority and Issuance

   This notice is issued under the authority in 27 U.S.C. 922.

   Signed: May 13, 1994.

John W. Magaw,
Director.

[FR Doc. 94-17819 Filed 7-21-94; 8:45 am]
BILLING CODE 4810-31-U



The Contents entry for this article reads as follows:

Alcohol, tobacco, and other excise taxes:
  Commerce in firearms and ammunition-
    Brady Handgun Violence Prevention Act; waiting period provision,
etc., 37532