DEPARTMENT OF THE TREASURY Bureau of Alcohol, Tobacco and Firearms 27 CFR Part 178 [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. - 2 - 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. - 3 - Georgia (cont'd) 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. - 4 - 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. - 5 - 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. - 6 - Vermont (Con't) 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 - 7 - Wyoming (Cont'd) 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 - 9 - 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. - 9 - Authority and Issuance This notice is issued under the authority in 27 U.S.C. 922. Signed: May 13, 1994 John W. Magaw Director