[House Report 116-12]
[From the U.S. Government Publishing Office]
116th Congress } { REPORT
HOUSE OF REPRESENTATIVES
1st Session } { 116-12
======================================================================
ENHANCED BACKGROUND CHECKS ACT OF 2019
_______
February 22, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 1112]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 1112) to amend chapter 44 of title 18, United States
Code, to strengthen the background check procedures to be
followed before a Federal firearms licensee may transfer a
firearm to a person who is not such a licensee, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 3
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 5
New Budget Authority and Tax Expenditures and Congressional
Budget Office Cost Estimate.................................... 5
Duplication of Federal Programs.................................. 5
Performance Goals and Objectives................................. 6
Advisory on Earmarks............................................. 6
Section-by-Section Analysis...................................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
Dissenting Views................................................. 25
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Background Checks Act of
2019''.
SEC. 2. STRENGTHENING OF BACKGROUND CHECK PROCEDURES TO BE FOLLOWED
BEFORE A FEDERAL FIREARMS LICENSEE MAY TRANSFER A
FIREARM TO A PERSON WHO IS NOT SUCH A LICENSEE.
Section 922(t)(1)(B)(ii) of title 18, United States Code is amended--
(1) in paragraph (1)(B), by striking clause (ii) and
inserting the following:
``(ii) in the event the system has not notified the licensee
that the receipt of a firearm by such other person would
violate subsection (g) or (n) of this section--
``(I) not fewer than 10 business days (meaning a day
on which State offices are open) has elapsed since the
licensee contacted the system, and the system has not
notified the licensee that the receipt of a firearm by
such other person would violate subsection (g) or (n)
of this section, and the other person has submitted,
electronically through a website established by the
Attorney General or by first-class mail, a petition for
review which--
``(aa) certifies that such other person has
no reason to believe that such other person is
prohibited by Federal, State, or local law from
purchasing or possessing a firearm; and
``(bb) requests that the system respond to
the contact referred to in subparagraph (A)
within 10 business days after the date the
petition was submitted (or, if the petition is
submitted by first-class mail, the date the
letter containing the petition is postmarked);
and
``(II) 10 business days have elapsed since the other
person so submitted the petition, and the system has
not notified the licensee that the receipt of a firearm
by such other person would violate subsection (g) or
(n) of this section; and''; and
(2) by adding at the end the following:
``(7) The Attorney General shall--
``(A) prescribe the form on which a petition shall be
submitted pursuant to paragraph (1)(B)(ii);
``(B) make the form available electronically, and
provide a copy of the form to all licensees referred to
in paragraph (1);
``(C) provide the petitioner and the licensee
involved written notice of receipt of the petition,
either electronically or by first-class mail; and
``(D) respond on an expedited basis to any such
petition received by the Attorney General.''.
SEC. 3. NEW TERMINOLOGY FOR THOSE WITH MENTAL ILLNESS.
Section 922 of title 18, United States Code, is amended in each of
subsections (d)(4) and (g)(4) by striking ``adjudicated as a mental
defective'' and inserting ``adjudicated with mental illness, severe
developmental disability, or severe emotional instability''.
Purpose and Summary
H.R 1112, the ``Enhanced Background Checks Act of 2019,''
would strengthen the background check procedures federal
firearms licensees and dealers must follow before selling or
transferring a firearm. Under current law, firearms dealers are
required to run a background check on prospective buyers using
the National Instant Criminal Background Check System (often
called ``the NICS''). More than 90% of checks are completed
within 90 seconds. The bill provides that if the NICS system
has not returned an answer to the licensed firearms dealer
within ten days, the prospective firearms purchaser may file a
petition with the Attorney General for review. After another
ten-day period has expired, the licensed firearms dealer may
sell or transfer the firearm to the prospective purchaser if it
has not received a response through the NICS system and the
dealer has no reason to believe that the purchaser is
prohibited from obtaining a firearm under federal, state, or
local law.
Background and Need for the Legislation
In most cases, a licensed gun dealer receives notification
from NICS that a prospective buyer has passed or failed a
background check within a few minutes. In less than ten percent
of cases, NICS examiners may require additional time to
complete the background check if the information the transferee
provided is incomplete, inaccurate, or otherwise defective.
Under current law, a licensed gun dealer conducting a
background check on a prospective purchaser may sell the
firearm to the purchaser after three business days, even if
NICS has not indicated that the person has passed the check.\1\
This policy has allowed individuals who were prohibited from
obtaining firearms being allowed to consummate the purchase.
---------------------------------------------------------------------------
\1\18 U.S.C. Sec. 922(t)(1)(B)(ii) (2019).
---------------------------------------------------------------------------
A particularly tragic example of the consequences of this
loophole was the racist hate crime murder of nine people at the
Emanuel African Methodist Episcopal Church in Charleston, South
Carolina that occurred in 2015. In that tragedy, the shooter
was not legally allowed to possess a firearm due to drug
charges, but still was able to acquire his gun from a licensed
dealer who made the decision to transfer after the current
three-business-day period expired, despite not having received
a definitive response from the background check system.\2\
---------------------------------------------------------------------------
\2\Carrie Johnson, FBI Says Background Check Error Let Charleston
Shooting Suspect Buy Gun, Nat'l Pub. Radio, July 10, 2015, https://
www.npr.org/sections/thetwo-way/2015/07/10/421789047/fbi-says-
background-check-error-let-charleston-shooting-suspect-buy-gun.
---------------------------------------------------------------------------
Unfortunately, the sale to the shooter after three days,
called a ``default proceed'' sale, was not an isolated
incident. Since 1994, gun sellers proceeded with between 3,000
and 4,000 such sales per year.\3\ Analyzing data provided by
the Department of Justice, one study found that ``default
proceed'' sales are eight times more likely to involve a
prohibited purchaser than other background checks.\4\ In 2017
alone, ``default proceed'' sales accounted for 4,864 transfers
to purchasers who were prohibited from owning firearms.\5\ [Is
this still relevant\timely? The FBI reported that during 2007
and 2008, in cases a licensed seller sold a firearm through
``default proceed'' transfers, approximately 22% of the
individuals investigated were legally prohibited from
purchasing or possessing a firearm.\6\
---------------------------------------------------------------------------
\3\Hearing on Preventing Gun Violence: A Call to Action Before H.
Comm. On the Judiciary, 116th Cong. (2019), https://
judiciary.house.gov/legislation/hearings/preventing-gun-violence-call-
action (statement of Robyn Thomas, Executive Dir., Giffords Law
Center).
\4\Mayors Against Illegal Guns, A Blueprint for Federal Action on
Illegal Guns: Regulation, Enforcement, and Best Practices to Combat
Illegal Gun Trafficking, sec. I. (2009), at http://www.joycefdn.org/
assets/images/blueprint_federal_action.pdf (citing letter from Thomas
E. Bush, III, Assistant Dir., CJIS Div., FBI, to Michael R. Bloomberg,
Mayor of New York City (Oct. 21, 2008), http://everytown.org/documents/
2016/10/2008_10_21-fbi-letter.pdf [herein, Bloomberg Letter].
\5\Background Check Procedures, Giffords Law Ctr. to Prevent Gun
Violence, https://lawcenter.giffords.org/gun-laws/policy-areas/
background-checks/background-check-procedures/(last visited Feb. 10,
2019).
\6\Bloomberg Letter at 24.
---------------------------------------------------------------------------
Hearings
The Committee's hearing on ``Preventing Gun Violence: A
Call to Action,'' held on February 6, 2019, was used to develop
H.R. 1112. The hearing considered a wide variety of topics
related to gun violence prevention, including the need to
address background check deficiencies and loopholes. The
Committee heard testimony from: Aalayah Eastmond, a student at
Marjory Stoneman Douglas High School; Savannah Lindquist, a
student at Old Dominion University; Diane Latiker, President
and Founder of Kids Off the Block; Dr. Joseph V. Sakran of John
Hopkins Hospital; Major Sabrina Tapp-Harper of the Baltimore
City Sherriff's Office; Chief Art Acevedo of the Houston Police
Department; Dr. Joyce Lee Malcolm, professor at the Antonin
Scalia Law School; and Robyn Thomas, Executive Director of the
Giffords Law Center. During the hearing, the witnesses
testified to the devastating impact gun violence has on
communities, discussed a wide range of policy proposals, and
offered suggestions on how current firearms restrictions may be
modified. The hearing informed the development of H.R. 1112.
Committee Consideration
On Wednesday, February 13, 2019, the Committee met in open
session and ordered the bill, H.R. 1112, favorably reported
with an amendment, by a roll call vote of 21 to 14, a quorum
being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following roll call votes occurred during the Committee's
consideration of H.R. 1112.
1. Motion to report H.R. 1112, as amended, favorably was
agreed to by a rollcall vote of 21 to 14.
ROLLCALL NO. 1
------------------------------------------------------------------------
Ayes Nos Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10)......................... X ...... .......
Zoe Lofgren (CA-19)............................ X ...... .......
Sheila Jackson Lee (TX-18)..................... X ...... .......
Steve Cohen (TN-09)............................ X ...... .......
Hank Johnson (GA-04)........................... X ...... .......
Ted Deutch (FL-02)............................. X ...... .......
Karen Bass (CA-37)............................. X ...... .......
Cedric Richmond (LA-02)........................ ...... ...... .......
Hakeem Jeffries (NY-08)........................ X ...... .......
David Cicilline (RI-01)........................ X ...... .......
Eric Swalwell (CA-15).......................... ...... ...... .......
Ted Lieu (CA-33)............................... X ...... .......
Jamie Raskin (MD-08)........................... X ...... .......
Pramila Jayapal (WA-07)........................ ...... ...... .......
Val Demings (FL-10)............................ X ...... .......
Lou Correa (CA-46)............................. X ...... .......
Mary Gay Scanion (PA-05)....................... X ...... .......
Sylvia Garcia (TX-29).......................... X ...... .......
Joseph Neguse (CO-02).......................... X ...... .......
Lucy McBath (GA-06)............................ X ...... .......
Greg Stanton (AZ-09)........................... X ...... .......
Madeleine Dean (PA-04)......................... X ...... .......
Debbie Mucarsel-Powell (FL-26)................. X ...... .......
Veronica Escobar (TX-16)....................... X ...... .......
Doug Collins (GA-27)........................... ...... X .......
James F. Sensenbrenner (WI-05)................. ...... ...... .......
Steve Chabot (OH-01)........................... ...... X .......
Louie Gohmert (TX-01).......................... ...... X .......
Jim Jordan (OH-04)............................. ...... X .......
Ken Buck (CO-04)............................... ...... X .......
John Ratcliffe (TX-04)......................... ...... ...... .......
Martha Roby (AL-02)............................ ...... X .......
Matt Gaetz (FL-01)............................. ...... X .......
Mike Johnson (LA-04)........................... ...... X .......
Andy Biggs (AZ-05)............................. ...... ...... .......
Tom McClintock (CA-04)......................... ...... X .......
Debbie Lesko (AZ-08)........................... ...... X .......
Guy Reschenthaler (PA-14)...................... ...... X .......
Ben Cline (VA-06).............................. ...... X .......
Kelly Armstrong (ND-AL)........................ ...... X .......
Greg Steube (FL-17)............................ ...... X .......
------------------------
Total...................................... 21 14
------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures and Congressional Budget
Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures.
Duplication of Federal Programs
No provision of H.R. 1112 establishes or reauthorizes a
program of the Federal government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
1112 would extend the time period before a firearms dealer may
proceed with a sale without a response from the NICS system,
establish a petition process by which gun purchasers may ask
the FBI to review their background check request, and requires
to the Attorney General to establish procedures by which
firearms purchasers may submit a petition.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 1112 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec 1. Short Title. Section 1 sets forth the short title of
the bill as the ``Enhanced Background Checks Act of 2019.''
Sec. 2. Strengthening of Background Check Procedures to be
Followed before a Federal Firearms Licensee May Transfer a
Firearm to a Person Who is Not Such a Licensee. Section 2
amends section 922(t)(1)(B)(ii) of title 18 of the U.S. Code to
provide that, if after ten days the NICS system has not
notified a firearms dealer or licensee that the purchaser is
prohibited from owning a firearm, the firearms purchaser may
submit a petition by first-class mail or electronically
challenging his or her failure to be approved. Then, ten days
after the filing of such petition by mail or electronically,
the firearms dealer or licensee may sell or transfer the
firearm to the purchaser if they have not received notification
that the sale is prohibited and the dealer or licensee has no
reason to believe that sale is prohibited under federal, state
or local law. Section 2 also directs the Attorney General to:
(1) prescribe the form by which such petition may be filed; (2)
make such form electronically available to licensees or
dealers; (3) provide the petitioner and the licensee involved
written notice of receipt of such petition, either
electronically or by first-class mail; and (4) respond on any
such petition received by the Attorney General under this
provision.
Sec. 3. New Terminology for Those with Mental Illness.
Section 3 amends sections 922(d) and 922(g) of title 18 of the
U.S. Code, by replacing ``adjudicated as a mental defective,''
with ``adjudicated with mental illness, severe developmental
disability, or severe emotional instability.''
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, H.R. 1112, as reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no changes are proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 44--FIREARMS
* * * * * * *
Sec. 922. Unlawful acts
(a) It shall be unlawful--
(1) for any person--
(A) except a licensed importer, licensed
manufacturer, or licensed dealer, to engage in
the business of importing, manufacturing, or
dealing in firearms, or in the course of such
business to ship, transport, or receive any
firearm in interstate or foreign commerce; or
(B) except a licensed importer or licensed
manufacturer, to engage in the business of
importing or manufacturing ammunition, or in
the course of such business, to ship,
transport, or receive any ammunition in
interstate or foreign commerce;
(2) for any importer, manufacturer, dealer, or
collector licensed under the provisions of this chapter
to ship or transport in interstate or foreign commerce
any firearm to any person other than a licensed
importer, licensed manufacturer, licensed dealer, or
licensed collector, except that--
(A) this paragraph and subsection (b)(3)
shall not be held to preclude a licensed
importer, licensed manufacturer, licensed
dealer, or licensed collector from returning a
firearm or replacement firearm of the same kind
and type to a person from whom it was received;
and this paragraph shall not be held to
preclude an individual from mailing a firearm
owned in compliance with Federal, State, and
local law to a licensed importer, licensed
manufacturer, licensed dealer, or licensed
collector;
(B) this paragraph shall not be held to
preclude a licensed importer, licensed
manufacturer, or licensed dealer from
depositing a firearm for conveyance in the
mails to any officer, employee, agent, or
watchman who, pursuant to the provisions of
section 1715 of this title, is eligible to
receive through the mails pistols, revolvers,
and other firearms capable of being concealed
on the person, for use in connection with his
official duty; and
(C) nothing in this paragraph shall be
construed as applying in any manner in the
District of Columbia, the Commonwealth of
Puerto Rico, or any possession of the United
States differently than it would apply if the
District of Columbia, the Commonwealth of
Puerto Rico, or the possession were in fact a
State of the United States;
(3) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector to transport into or receive in the State
where he resides (or if the person is a corporation or
other business entity, the State where it maintains a
place of business) any fire arm purchased or otherwise
obtained by such person outside that State, except that
this paragraph (A) shall not preclude any person who
lawfully acquires a firearm by bequest or intestate
succession in a State other than his State of residence
from transporting the firearm into or receiving it in
that State, if it is lawful for such person to purchase
or possess such firearm in that State, (B) shall not
apply to the transportation or receipt of a firearm
obtained in conformity with subsection (b)(3) of this
section, and (C) shall not apply to the transportation
of any firearm acquired in any State prior to the
effective date of this chapter;
(4) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector, to transport in interstate or foreign
commerce any destructive device, machinegun (as defined
in section 5845 of the Internal Revenue Code of 1986),
short-barreled shotgun, or short-barreled rifle, except
as specifically authorized by the Attorney General
consistent with public safety and necessity;
(5) for any person (other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector) to transfer, sell, trade, give, transport,
or deliver any firearm to any person (other than a
licensed importer, licensed manufacturer, licensed
dealer, or licensed collector) who the transferor knows
or has reasonable cause to believe does not reside in
(or if the person is a corporation or other business
entity, does not maintain a place of business in) the
State in which the transferor resides; except that this
paragraph shall not apply to (A) the transfer,
transportation, or delivery of a firearm made to carry
out a bequest of a firearm to, or an acquisition by
intestate succession of a firearm by, a person who is
permitted to acquire or possess a firearm under the
laws of the State of his residence, and (B) the loan or
rental of a firearm to any person for temporary use for
lawful sporting purposes;
(6) for any person in connection with the acquisition
or attempted acquisition of any firearm or ammunition
from a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, knowingly to
make any false or fictitious oral or written statement
or to furnish or exhibit any false, fictitious, or
misrepresented identification, intended or likely to
deceive such importer, manufacturer, dealer, or
collector with respect to any fact material to the
lawfulness of the sale or other disposition of such
firearm or ammunition under the provisions of this
chapter;
(7) for any person to manufacture or import armor
piercing ammunition, unless--
(A) the manufacture of such ammunition is for
the use of the United States, any department or
agency of the United States, any State, or any
department, agency, or political subdivision of
a State;
(B) the manufacture of such ammunition is for
the purpose of exportation; or
(C) the manufacture or importation of such
ammunition is for the purpose of testing or
experimentation and has been authorized by the
Attorney General;
(8) for any manufacturer or importer to sell or
deliver armor piercing ammunition, unless such sale or
delivery--
(A) is for the use of the United States, any
department or agency of the United States, any
State, or any department, agency, or political
subdivision of a State;
(B) is for the purpose of exportation; or
(C) is for the purpose of testing or
experimentation and has been authorized by the
Attorney General;
(9) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector, who does not reside in any State to receive
any firearms unless such receipt is for lawful sporting
purposes.
(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver--
(1) any firearm or ammunition to any individual who
the licensee knows or has reasonable cause to believe
is less than eighteen years of age, and, if the
firearm, or ammunition is other than a shotgun or
rifle, or ammunition for a shotgun or rifle, to any
individual who the licensee knows or has reasonable
cause to believe is less than twenty-one years of age;
(2) any firearm to any person in any State where the
purchase or possession by such person of such firearm
would be in violation of any State law or any published
ordinance applicable at the place of sale, delivery or
other disposition, unless the licensee knows or has
reasonable cause to believe that the purchase or
possession would not be in violation of such State law
or such published ordinance;
(3) any firearm to any person who the licensee knows
or has reasonable cause to believe does not reside in
(or if the person is a corporation or other business
entity, does not maintain a place of business in) the
State in which the licensee's place of business is
located, except that this paragraph (A) shall not apply
to the sale or delivery of any rifle or shotgun to a
resident of a State other than a State in which the
licensee's place of business is located if the
transferee meets in person with the transferor to
accomplish the transfer, and the sale, delivery, and
receipt fully comply with the legal conditions of sale
in both such States (and any licensed manufacturer,
importer or dealer shall be presumed, for purposes of
this subparagraph, in the absence of evidence to the
contrary, to have had actual knowledge of the State
laws and published ordinances of both States), and (B)
shall not apply to the loan or rental of a firearm to
any person for temporary use for lawful sporting
purposes;
(4) to any person any destructive device, machinegun
(as defined in section 5845 of the Internal Revenue
Code of 1986), short-barreled shotgun, or short-
barreled rifle, except as specifically authorized by
the Attorney General consistent with public safety and
necessity; and
(5) any firearm or armor-piercing ammunition to any
person unless the licensee notes in his records,
required to be kept pursuant to section 923 of this
chapter, the name, age, and place of residence of such
person if the person is an individual, or the identity
and principal and local places of business of such
person if the person is a corporation or other business
entity.
Paragraphs (1), (2), (3), and (4) of this subsection shall not
apply to transactions between licensed importers, licensed
manufacturers, licensed dealers, and licensed collectors.
Paragraph (4) of this subsection shall not apply to a sale or
delivery to any research organization designated by the
Attorney General.
(c) In any case not otherwise prohibited by this chapter, a
licensed importer, licensed manufacturer, or licensed dealer
may sell a firearm to a person who does not appear in person at
the licensee's business premises (other than another licensed
importer, manufacturer, or dealer) only if--
(1) the transferee submits to the transferor a sworn
statement in the following form:
``Subject to penalties provided by law, I
swear that, in the case of any firearm other
than a shotgun or a rifle, I am twenty-one
years or more of age, or that, in the case of a
shotgun or a rifle, I am eighteen years or more
of age; that I am not prohibited by the
provisions of chapter 44 of title 18, United
States Code, from receiving a firearm in
interstate or foreign commerce; and that my
receipt of this firearm will not be in
violation of any statute of the State and
published ordinance applicable to the locality
in which I reside. Further, the true title,
name, and address of the principal law
enforcement officer of the locality to which
the firearm will be delivered are -- -- -- --
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --
-- -- -- -- -- -- -- -- -- -- Signature -- --
-- -- -- -- -- -- -- -- Date -- -- -- --.'' and
containing blank spaces for the attachment of a
true copy of any permit or other information
required pursuant to such statute or published
ordinance;
(2) the transferor has, prior to the shipment or
delivery of the firearm, forwarded by registered or
certified mail (return receipt requested) a copy of the
sworn statement, together with a description of the
firearm, in a form prescribed by the Attorney General,
to the chief law enforcement officer of the
transferee's place of residence, and has received a
return receipt evidencing delivery of the statement or
has had the statement returned due to the refusal of
the named addressee to accept such letter in accordance
with United States Post Office Department regulations;
and
(3) the transferor has delayed shipment or delivery
for a period of at least seven days following receipt
of the notification of the acceptance or refusal of
delivery of the statement.
A copy of the sworn statement and a copy of the notification to
the local law enforcement officer, together with evidence of
receipt or rejection of that notification shall be retained by
the licensee as a part of the records required to be kept under
section 923(g).
(d) It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person--
(1) is under indictment for, or has been convicted in
any court of, a crime punishable by imprisonment for a
term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
(4) has been [adjudicated as a mental defective]
adjudicated with mental illness, severe developmental
disability, or severe emotional instability or has been
committed to any mental institution;
(5) who, being an alien--
(A) is illegally or unlawfully in the United
States; or
(B) except as provided in subsection (y)(2),
has been admitted to the United States under a
nonimmigrant visa (as that term is defined in
section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces
under dishonorable conditions;
(7) who, having been a citizen of the United States,
has renounced his citizenship;
(8) is subject to a court order that restrains such
person from harassing, stalking, or threatening an
intimate partner of such person or child of such
intimate partner or person, or engaging in other
conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or
child, except that this paragraph shall only apply to a
court order that--
(A) was issued after a hearing of which such
person received actual notice, and at which
such person had the opportunity to participate;
and
(B)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury; or
(9) has been convicted in any court of a misdemeanor
crime of domestic violence.
This subsection shall not apply with respect to the sale or
disposition of a firearm or ammunition to a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector
who pursuant to subsection (b) of section 925 of this chapter
is not precluded from dealing in firearms or ammunition, or to
a person who has been granted relief from disabilities pursuant
to subsection (c) of section 925 of this chapter.
(e) It shall be unlawful for any person knowingly to deliver
or cause to be delivered to any common or contract carrier for
transportation or shipment in interstate or foreign commerce,
to persons other than licensed importers, licensed
manufacturers, licensed dealers, or licensed collectors, any
package or other container in which there is any firearm or
ammunition without written notice to the carrier that such
firearm or ammunition is being transported or shipped; except
that any passenger who owns or legally possesses a firearm or
ammunition being transported aboard any common or contract
carrier for movement with the passenger in interstate or
foreign commerce may deliver said firearm or ammunition into
the custody of the pilot, captain, conductor or operator of
such common or contract carrier for the duration of the trip
without violating any of the provisions of this chapter. No
common or contract carrier shall require or cause any label,
tag, or other written notice to be placed on the outside of any
package, luggage, or other container that such package,
luggage, or other container contains a firearm.
(f)(1) It shall be unlawful for any common or contract
carrier to transport or deliver in interstate or foreign
commerce any firearm or ammunition with knowledge or reasonable
cause to believe that the shipment transportation, or receipt
thereof would be in violation of the provisions of this
chapter.
(2) It shall be unlawful for any common or contract carrier
to deliver in interstate or foreign commerce any firearm
without obtaining written acknowledgement of receipt from the
recipient of the package or other container in which there is a
firearm.
(g) It shall be unlawful for any person--
(1) who has been convicted in any court of, a crime
punishable by imprisonment for a term exceeding one
year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
(4) who has been [adjudicated as a mental defective]
adjudicated with mental illness, severe developmental
disability, or severe emotional instability or who has
been committed to a mental institution;
(5) who, being an alien--
(A) is illegally or unlawfully in the United
States; or
(B) except as provided in subsection (y)(2),
has been admitted to the United States under a
nonimmigrant visa (as that term is defined in
section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces
under dishonorable conditions;
(7) who, having been a citizen of the United States,
has renounced his citizenship;
(8) who is subject to a court order that--
(A) was issued after a hearing of which such
person received actual notice, and at which
such person had an opportunity to participate;
(B) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner
or person, or engaging in other conduct that
would place an intimate partner in reasonable
fear of bodily injury to the partner or child;
and
(C)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury; or
(9) who has been convicted in any court of a
misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or
possess in or affecting commerce, any firearm or ammunition; or
to receive any firearm or ammunition which has been shipped or
transported in interstate or foreign commerce.
(h) It shall be unlawful for any individual, who to that
individual's knowledge and while being employed for any person
described in any paragraph of subsection (g) of this section,
in the course of such employment--
(1) to receive, possess, or transport any firearm or
ammunition in or affecting interstate or foreign
commerce; or
(2) to receive any firearm or ammunition which has
been shipped or transported in interstate or foreign
commerce.
(i) It shall be unlawful for any person to transport or ship
in interstate or foreign commerce, any stolen firearms or
stolen ammunition, knowing or having reasonable cause to
believe that the firearm or ammunition was stolen.
(j) It shall be unlawful for any person to receive, possess,
conceal, store, barter, sell, or dispose of any stolen firearm
or stolen ammunition, or pledge or accept as security for a
loan any stolen firearm or stolen ammunition, which is moving
as, which is a part of, which constitutes, or which has been
shipped or transported in, interstate or foreign commerce,
either before or after it was stolen, knowing or having
reasonable cause to believe that the firearm or ammunition was
stolen.
(k) It shall be unlawful for any person knowingly to
transport, ship, or receive, in interstate or foreign commerce,
any firearm which has had the importer's or manufacturer's
serial number removed, obliterated, or altered or to possess or
receive any firearm which has had the importer's or
manufacturer's serial number removed, obliterated, or altered
and has, at any time, been shipped or transported in interstate
or foreign commerce.
(l) Except as provided in section 925(d) of this chapter, it
shall be unlawful for any person knowingly to import or bring
into the United States or any possession thereof any firearm or
ammunition; and it shall be unlawful for any person knowingly
to receive any firearm or ammunition which has been imported or
brought into the United States or any possession thereof in
violation of the provisions of this chapter.
(m) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector knowingly
to make any false entry in, to fail to make appropriate entry
in, or to fail to properly maintain, any record which he is
required to keep pursuant to section 923 of this chapter or
regulations promulgated thereunder.
(n) It shall be unlawful for any person who is under
indictment for a crime punishable by imprisonment for a term
exceeding one year to ship or transport in interstate or
foreign commerce any firearm or ammunition or receive any
firearm or ammunition which has been shipped or transported in
interstate or foreign commerce.
(o)(1) Except as provided in paragraph (2), it shall be
unlawful for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to--
(A) a transfer to or by, or possession by or under
the authority of, the United States or any department
or agency thereof or a State, or a department, agency,
or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a
machinegun that was lawfully possessed before the date
this subsection takes effect.
(p)(1) It shall be unlawful for any person to manufacture,
import, sell, ship, deliver, possess, transfer, or receive any
firearm--
(A) that, after removal of grips, stocks, and
magazines, is not as detectable as the Security
Exemplar, by walk-through metal detectors calibrated
and operated to detect the Security Exemplar; or
(B) any major component of which, when subjected to
inspection by the types of x-ray machines commonly used
at airports, does not generate an image that accurately
depicts the shape of the component. Barium sulfate or
other compounds may be used in the fabrication of the
component.
(2) For purposes of this subsection--
(A) the term ``firearm'' does not include the frame
or receiver of any such weapon;
(B) the term ``major component'' means, with respect
to a firearm, the barrel, the slide or cylinder, or the
frame or receiver of the firearm; and
(C) the term ``Security Exemplar'' means an object,
to be fabricated at the direction of the Attorney
General, that is--
(i) constructed of, during the 12-month
period beginning on the date of the enactment
of this subsection, 3.7 ounces of material type
17-4 PH stainless steel in a shape resembling a
handgun; and
(ii) suitable for testing and calibrating
metal detectors: Provided, however, That at the
close of such 12-month period, and
at appropriate times thereafter the Attorney General
shall promulgate regulations to permit the manufacture,
importation, sale, shipment, delivery, possession,
transfer, or receipt of firearms previously prohibited
under this subparagraph that are as detectable as a
``Security Exemplar'' which contains 3.7 ounces of
material type 17-4 PH stainless steel, in a shape
resembling a handgun, or such lesser amount as is
detectable in view of advances in state-of-the-art
developments in weapons detection technology.
(3) Under such rules and regulations as the Attorney General
shall prescribe, this subsection shall not apply to the
manufacture, possession, transfer, receipt, shipment, or
delivery of a firearm by a licensed manufacturer or any person
acting pursuant to a contract with a licensed manufacturer, for
the purpose of examining and testing such firearm to determine
whether paragraph (1) applies to such firearm. The Attorney
General shall ensure that rules and regulations adopted
pursuant to this paragraph do not impair the manufacture of
prototype firearms or the development of new technology.
(4) The Attorney General shall permit the conditional
importation of a firearm by a licensed importer or licensed
manufacturer, for examination and testing to determine whether
or not the unconditional importation of such firearm would
violate this subsection.
(5) This subsection shall not apply to any firearm which--
(A) has been certified by the Secretary of Defense or
the Director of Central Intelligence, after
consultation with the Attorney General and the
Administrator of the Federal Aviation Administration,
as necessary for military or intelligence applications;
and
(B) is manufactured for and sold exclusively to
military or intelligence agencies of the United States.
(6) This subsection shall not apply with respect to any
firearm manufactured in, imported into, or possessed in the
United States before the date of the enactment of the
Undetectable Firearms Act of 1988.
(q)(1) The Congress finds and declares that--
(A) crime, particularly crime involving drugs and
guns, is a pervasive, nationwide problem;
(B) crime at the local level is exacerbated by the
interstate movement of drugs, guns, and criminal gangs;
(C) firearms and ammunition move easily in interstate
commerce and have been found in increasing numbers in
and around schools, as documented in numerous hearings
in both the Committee on the Judiciary the House of
Representatives and the Committee on the Judiciary of
the Senate;
(D) in fact, even before the sale of a firearm, the
gun, its component parts, ammunition, and the raw
materials from which they are made have considerably
moved in interstate commerce;
(E) while criminals freely move from State to State,
ordinary citizens and foreign visitors may fear to
travel to or through certain parts of the country due
to concern about violent crime and gun violence, and
parents may decline to send their children to school
for the same reason;
(F) the occurrence of violent crime in school zones
has resulted in a decline in the quality of education
in our country;
(G) this decline in the quality of education has an
adverse impact on interstate commerce and the foreign
commerce of the United States;
(H) States, localities, and school systems find it
almost impossible to handle gun-related crime by
themselves--even States, localities, and school systems
that have made strong efforts to prevent, detect, and
punish gun-related crime find their efforts unavailing
due in part to the failure or inability of other States
or localities to take strong measures; and
(I) the Congress has the power, under the interstate
commerce clause and other provisions of the
Constitution, to enact measures to ensure the integrity
and safety of the Nation's schools by enactment of this
subsection.
(2)(A) It shall be unlawful for any individual knowingly to
possess a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the individual
knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a
firearm--
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is
licensed to do so by the State in which the school zone
is located or a political subdivision of the State, and
the law of the State or political subdivision requires
that, before an individual obtains such a license, the
law enforcement authorities of the State or political
subdivision verify that the individual is qualified
under law to receive the license;
(iii) that is--
(I) not loaded; and
(II) in a locked container, or a locked
firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved
by a school in the school zone;
(v) by an individual in accordance with a contract
entered into between a school in the school zone and
the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or
her official capacity; or
(vii) that is unloaded and is possessed by an
individual while traversing school premises for the
purpose of gaining access to public or private lands
open to hunting, if the entry on school premises is
authorized by school authorities.
(3)(A) Except as provided in subparagraph (B), it shall be
unlawful for any person, knowingly or with reckless disregard
for the safety of another, to discharge or attempt to discharge
a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the person knows
is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a
firearm--
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the
school zone, by an individual who is participating in
the program;
(iii) by an individual in accordance with a contract
entered into between a school in a school zone and the
individual or an employer of the individual; or
(iv) by a law enforcement officer acting in his or
her official capacity.
(4) Nothing in this subsection shall be construed as
preempting or preventing a State or local government from
enacting a statute establishing gun free school zones as
provided in this subsection.
(r) It shall be unlawful for any person to assemble from
imported parts any semiautomatic rifle or any shotgun which is
identical to any rifle or shotgun prohibited from importation
under section 925(d)(3) of this chapter as not being
particularly suitable for or readily adaptable to sporting
purposes except that this subsection shall not apply to--
(1) the assembly of any such rifle or shotgun for
sale or distribution by a licensed manufacturer to the
United States or any department or agency thereof or to
any State or any department, agency, or political
subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the
purposes of testing or experimentation authorized by
the Attorney General.
(s)(1) Beginning on the date that is 90 days after the date
of enactment of this subsection and ending on the day before
the date that is 60 months after such date of enactment, it
shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver, or transfer
a handgun (other than the return of a handgun to the person
from whom it was received) to an individual who is not licensed
under section 923, unless--
(A) after the most recent proposal of such transfer
by the transferee--
(i) the transferor has--
(I) received from the transferee a
statement of the transferee containing
the information described in paragraph
(3);
(II) verified the identity of the
transferee by examining the
identification document presented;
(III) within 1 day after the
transferee furnishes the statement,
provided notice of the contents of the
statement to the chief law enforcement
officer of the place of residence of
the transferee; and
(IV) within 1 day after the
transferee furnishes the statement,
transmitted a copy of the statement to
the chief law enforcement officer of
the place of residence of the
transferee; and
(ii)(I) 5 business days (meaning days on
which State offices are open) have elapsed from
the date the transferor furnished notice of the
contents of the statement to the chief law
enforcement officer, during which period the
transferor has not received information from
the chief law enforcement officer that receipt
or possession of the handgun by the transferee
would be in violation of Federal, State, or
local law; or
(II) the transferor has received notice from
the chief law enforcement officer that the
officer has no information indicating that
receipt or possession of the handgun by the
transferee would violate Federal, State, or
local law;
(B) the transferee has presented to the transferor a
written statement, issued by the chief law enforcement
officer of the place of residence of the transferee
during the 10-day period ending on the date of the most
recent proposal of such transfer by the transferee,
stating that the transferee requires access to a
handgun because of a threat to the life of the
transferee or of any member of the household of the
transferee;
(C)(i) the transferee has presented to the transferor
a permit that--
(I) allows the transferee to possess or
acquire a handgun; and
(II) was issued not more than 5 years earlier
by the State in which the transfer is to take
place; and
(ii) the law of the State provides that such a permit
is to be issued only after an authorized government
official has verified that the information available to
such official does not indicate that possession of a
handgun by the transferee would be in violation of the
law;
(D) the law of the State requires that, before any
licensed importer, licensed manufacturer, or licensed
dealer completes the transfer of a handgun to an
individual who is not licensed under section 923, an
authorized government official verify that the
information available to such official does not
indicate that possession of a handgun by the transferee
would be in violation of law;
(E) the Attorney General has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
(F) on application of the transferor, the Attorney
General has certified that compliance with subparagraph
(A)(i)(III) is impracticable because--
(i) the ratio of the number of law
enforcement officers of the State in which the
transfer is to occur to the number of square
miles of land area of the State does not exceed
0.0025;
(ii) the business premises of the transferor
at which the transfer is to occur are extremely
remote in relation to the chief law enforcement
officer; and
(iii) there is an absence of
telecommunications facilities in the
geographical area in which the business
premises are located.
(2) A chief law enforcement officer to whom a transferor has
provided notice pursuant to paragraph (1)(A)(i)(III) shall make
a reasonable effort to ascertain within 5 business days whether
receipt or possession would be in violation of the law,
including research in whatever State and local recordkeeping
systems are available and in a national system designated by
the Attorney General.
(3) The statement referred to in paragraph (1)(A)(i)(I) shall
contain only--
(A) the name, address, and date of birth appearing on
a valid identification document (as defined in section
1028(d)(1)) of the transferee containing a photograph
of the transferee and a description of the
identification used;
(B) a statement that the transferee--
(i) is not under indictment for, and has not
been convicted in any court of, a crime
punishable by imprisonment for a term exceeding
1 year, and has not been convicted in any court
of a misdemeanor crime of domestic violence;
(ii) is not a fugitive from justice;
(iii) is not an unlawful user of or addicted
to any controlled substance (as defined in
section 102 of the Controlled Substances Act);
(iv) has not been adjudicated as a mental
defective or been committed to a mental
institution;
(v) is not an alien who--
(I) is illegally or unlawfully in the
United States; or
(II) subject to subsection (y)(2),
has been admitted to the United States
under a nonimmigrant visa (as that term
is defined in section 101(a)(26) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(26)));
(vi) has not been discharged from the Armed
Forces under dishonorable conditions; and
(vii) is not a person who, having been a
citizen of the United States, has renounced
such citizenship;
(C) the date the statement is made; and
(D) notice that the transferee intends to obtain a
handgun from the transferor.
(4) Any transferor of a handgun who, after such transfer,
receives a report from a chief law enforcement officer
containing information that receipt or possession of the
handgun by the transferee violates Federal, State, or local law
shall, within 1 business day after receipt of such request,
communicate any information related to the transfer that the
transferor has about the transfer and the transferee to--
(A) the chief law enforcement officer of the place of
business of the transferor; and
(B) the chief law enforcement officer of the place of
residence of the transferee.
(5) Any transferor who receives information, not otherwise
available to the public, in a report under this subsection
shall not disclose such information except to the transferee,
to law enforcement authorities, or pursuant to the direction of
a court of law.
(6)(A) Any transferor who sells, delivers, or otherwise
transfers a handgun to a transferee shall retain the copy of
the statement of the transferee with respect to the handgun
transaction, and shall retain evidence that the transferor has
complied with subclauses (III) and (IV) of paragraph (1)(A)(i)
with respect to the statement.
(B) Unless the chief law enforcement officer to whom a
statement is transmitted under paragraph (1)(A)(i)(IV)
determines that a transaction would violate Federal, State, or
local law--
(i) the officer shall, within 20 business days after
the date the transferee made the statement on the basis
of which the notice was provided, destroy the
statement, any record containing information derived
from the statement, and any record created as a result
of the notice required by paragraph (1)(A)(i)(III);
(ii) the information contained in the statement shall
not be conveyed to any person except a person who has a
need to know in order to carry out this subsection; and
(iii) the information contained in the statement
shall not be used for any purpose other than to carry
out this subsection.
(C) If a chief law enforcement officer determines that an
individual is ineligible to receive a handgun and the
individual requests the officer to provide the reason for such
determination, the officer shall provide such reasons to the
individual in writing within 20 business days after receipt of
the request.
(7) A chief law enforcement officer or other person
responsible for providing criminal history background
information pursuant to this subsection shall not be liable in
an action at law for damages--
(A) for failure to prevent the sale or transfer of a
handgun to a person whose receipt or possession of the
handgun is unlawful under this section; or
(B) for preventing such a sale or transfer to a
person who may lawfully receive or possess a handgun.
(8) For purposes of this subsection, the term ``chief law
enforcement officer'' means the chief of police, the sheriff,
or an equivalent officer or the designee of any such
individual.
(9) The Attorney General shall take necessary actions to
ensure that the provisions of this subsection are published and
disseminated to licensed dealers, law enforcement officials,
and the public.
(t)(1) Beginning on the date that is 30 days after the
Attorney General notifies licensees under section 103(d) of the
Brady Handgun Violence Prevention Act that the national instant
criminal background check system is established, a licensed
importer, licensed manufacturer, or licensed dealer shall not
transfer a firearm to any other person who is not licensed
under this chapter, unless--
(A) before the completion of the transfer, the
licensee contacts the national instant criminal
background check system established under section 103
of that Act;
(B)(i) the system provides the licensee with a unique
identification number; or
[(ii) 3 business days (meaning a day on which State
offices are open) have elapsed since the licensee
contacted the system, and the system has not notified
the licensee that the receipt of a firearm by such
other person would violate subsection (g) or (n) of
this section; and]
(ii) in the event the system has not notified the
licensee that the receipt of a firearm by such other
person would violate subsection (g) or (n) of this
section--
(I) not fewer than 10 business days (meaning
a day on which State offices are open) has
elapsed since the licensee contacted the
system, and the system has not notified the
licensee that the receipt of a firearm by such
other person would violate subsection (g) or
(n) of this section, and the other person has
submitted, electronically through a website
established by the Attorney General or by
first-class mail, a petition for review which--
(aa) certifies that such other person
has no reason to believe that such
other person is prohibited by Federal,
State, or local law from purchasing or
possessing a firearm; and
(bb) requests that the system respond
to the contact referred to in
subparagraph (A) within 10 business
days after the date the petition was
submitted (or, if the petition is
submitted by first-class mail, the date
the letter containing the petition is
postmarked); and
(II) 10 business days have elapsed since the
other person so submitted the petition, and the
system has not notified the licensee that the
receipt of a firearm by such other person would
violate subsection (g) or (n) of this section;
and
(C) the transferor has verified the identity of the
transferee by examining a valid identification document
(as defined in section 1028(d) of this title) of the
transferee containing a photograph of the transferee.
(2) If receipt of a firearm would not violate subsection (g)
or (n) or State law, the system shall--
(A) assign a unique identification number to the
transfer;
(B) provide the licensee with the number; and
(C) destroy all records of the system with respect to
the call (other than the identifying number and the
date the number was assigned) and all records of the
system relating to the person or the transfer.
(3) Paragraph (1) shall not apply to a firearm transfer
between a licensee and another person if--
(A)(i) such other person has presented to the
licensee a permit that--
(I) allows such other person to possess or
acquire a firearm; and
(II) was issued not more than 5 years earlier
by the State in which the transfer is to take
place; and
(ii) the law of the State provides that such a permit
is to be issued only after an authorized government
official has verified that the information available to
such official does not indicate that possession of a
firearm by such other person would be in violation of
law;
(B) the Attorney General has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
(C) on application of the transferor, the Attorney
General has certified that compliance with paragraph
(1)(A) is impracticable because--
(i) the ratio of the number of law
enforcement officers of the State in which the
transfer is to occur to the number of square
miles of land area of the State does not exceed
0.0025;
(ii) the business premises of the licensee at
which the transfer is to occur are extremely
remote in relation to the chief law enforcement
officer (as defined in subsection (s)(8)); and
(iii) there is an absence of
telecommunications facilities in the
geographical area in which the business
premises are located.
(4) If the national instant criminal background check system
notifies the licensee that the information available to the
system does not demonstrate that the receipt of a firearm by
such other person would violate subsection (g) or (n) or State
law, and the licensee transfers a firearm to such other person,
the licensee shall include in the record of the transfer the
unique identification number provided by the system with
respect to the transfer.
(5) If the licensee knowingly transfers a firearm to such
other person and knowingly fails to comply with paragraph (1)
of this subsection with respect to the transfer and, at the
time such other person most recently proposed the transfer, the
national instant criminal background check system was operating
and information was available to the system demonstrating that
receipt of a firearm by such other person would violate
subsection (g) or (n) of this section or State law, the
Attorney General may, after notice and opportunity for a
hearing, suspend for not more than 6 months or revoke any
license issued to the licensee under section 923, and may
impose on the licensee a civil fine of not more than $5,000.
(6) Neither a local government nor an employee of the Federal
Government or of any State or local government, responsible for
providing information to the national instant criminal
background check system shall be liable in an action at law for
damages--
(A) for failure to prevent the sale or transfer of a
firearm to a person whose receipt or possession of the
firearm is unlawful under this section; or
(B) for preventing such a sale or transfer to a
person who may lawfully receive or possess a firearm.
(7) The Attorney General shall--
(A) prescribe the form on which a petition shall be
submitted pursuant to paragraph (1)(B)(ii);
(B) make the form available electronically, and
provide a copy of the form to all licensees referred to
in paragraph (1);
(C) provide the petitioner and the licensee involved
written notice of receipt of the petition, either
electronically or by first-class mail; and
(D) respond on an expedited basis to any such
petition received by the Attorney General.
(u) It shall be unlawful for a person to steal or unlawfully
take or carry away from the person or the premises of a person
who is licensed to engage in the business of importing,
manufacturing, or dealing in firearms, any firearm in the
licensee's business inventory that has been shipped or
transported in interstate or foreign commerce.
[(v) Repealed. Pub. L. 103-322, title XI, Sec. 110105(2),
Sept. 13, 1994, 108 Stat. 2000.]
[(w) Repealed. Pub. L. 103-322, title XI, Sec. 110105(2),
Sept. 13, 1994, 108 Stat. 2000.]
(x)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferor knows or has
reasonable cause to believe is a juvenile--
(A) a handgun; or
(B) ammunition that is suitable for use only in a
handgun.
(2) It shall be unlawful for any person who is a juvenile to
knowingly possess--
(A) a handgun; or
(B) ammunition that is suitable for use only in a
handgun.
(3) This subsection does not apply to--
(A) a temporary transfer of a handgun or ammunition
to a juvenile or to the possession or use of a handgun
or ammunition by a juvenile if the handgun and
ammunition are possessed and used by the juvenile--
(i) in the course of employment, in the
course of ranching or farming related to
activities at the residence of the juvenile (or
on property used for ranching or farming at
which the juvenile, with the permission of the
property owner or lessee, is performing
activities related to the operation of the farm
or ranch), target practice, hunting, or a
course of instruction in the safe and lawful
use of a handgun;
(ii) with the prior written consent of the
juvenile's parent or guardian who is not
prohibited by Federal, State, or local law from
possessing a firearm, except--
(I) during transportation by the
juvenile of an unloaded handgun in a
locked container directly from the
place of transfer to a place at which
an activity described in clause (i) is
to take place and transportation by the
juvenile of that handgun, unloaded and
in a locked container, directly from
the place at which such an activity
took place to the transferor; or
(II) with respect to ranching or
farming activities as described in
clause (i), a juvenile may possess and
use a handgun or ammunition with the
prior written approval of the
juvenile's parent or legal guardian and
at the direction of an adult who is not
prohibited by Federal, State or local
law from possessing a firearm;
(iii) the juvenile has the prior written
consent in the juvenile's possession at all
times when a handgun is in the possession of
the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of
the United States or the National Guard who possesses
or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not
possession) of a handgun or ammunition to a juvenile;
or
(D) the possession of a handgun or ammunition by a
juvenile taken in defense of the juvenile or other
persons against an intruder into the residence of the
juvenile or a residence in which the juvenile is an
invited guest.
(4) A handgun or ammunition, the possession of which is
transferred to a juvenile in circumstances in which the
transferor is not in violation of this subsection shall not be
subject to permanent confiscation by the Government if its
possession by the juvenile subsequently becomes unlawful
because of the conduct of the juvenile, but shall be returned
to the lawful owner when such handgun or ammunition is no
longer required by the Government for the purposes of
investigation or prosecution.
(5) For purposes of this subsection, the term ``juvenile''
means a person who is less than 18 years of age.
(6)(A) In a prosecution of a violation of this subsection,
the court shall require the presence of a juvenile defendant's
parent or legal guardian at all proceedings.
(B) The court may use the contempt power to enforce
subparagraph (A).
(C) The court may excuse attendance of a parent or legal
guardian of a juvenile defendant at a proceeding in a
prosecution of a violation of this subsection for good cause
shown.
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant
Visas.--
(1) Definitions.--In this subsection--
(A) the term ``alien'' has the same meaning
as in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)); and
(B) the term ``nonimmigrant visa'' has the
same meaning as in section 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(26)).
(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B),
and (s)(3)(B)(v)(II) do not apply to any alien who has
been lawfully admitted to the United States under a
nonimmigrant visa, if that alien is--
(A) admitted to the United States for lawful hunting
or sporting purposes or is in possession of a hunting
license or permit lawfully issued in the United States;
(B) an official representative of a foreign
government who is--
(i) accredited to the United States
Government or the Government's mission to an
international organization having its
headquarters in the United States; or
(ii) en route to or from another country to
which that alien is accredited;
(C) an official of a foreign government or a
distinguished foreign visitor who has been so
designated by the Department of State; or
(D) a foreign law enforcement officer of a friendly
foreign government entering the United States on
official law enforcement business.
(3) Waiver.--
(A) Conditions for waiver.--Any individual
who has been admitted to the United States
under a nonimmigrant visa may receive a waiver
from the requirements of subsection (g)(5),
if--
(i) the individual submits to the
Attorney General a petition that meets
the requirements of subparagraph (C);
and
(ii) the Attorney General approves
the petition.
(B) Petition.--Each petition under
subparagraph (B) shall--
(i) demonstrate that the petitioner
has resided in the United States for a
continuous period of not less than 180
days before the date on which the
petition is submitted under this
paragraph; and
(ii) include a written statement from
the embassy or consulate of the
petitioner, authorizing the petitioner
to acquire a firearm or ammunition and
certifying that the alien would not,
absent the application of subsection
(g)(5)(B), otherwise be prohibited from
such acquisition under subsection (g).
(C) Approval of petition.--The Attorney
General shall approve a petition submitted in
accordance with this paragraph, if the Attorney
General determines that waiving the
requirements of subsection (g)(5)(B) with
respect to the petitioner--
(i) would be in the interests of justice; and
(ii) would not jeopardize the public safety.
(z) Secure Gun Storage or Safety Device.--
(1) In general.--Except as provided under paragraph
(2), it shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer to sell,
deliver, or transfer any handgun to any person other
than any person licensed under this chapter, unless the
transferee is provided with a secure gun storage or
safety device (as defined in section 921(a)(34)) for
that handgun.
(2) Exceptions.--Paragraph (1) shall not apply to--
(A)(i) the manufacture for, transfer to, or
possession by, the United States, a department
or agency of the United States, a State, or a
department, agency, or political subdivision of
a State, of a handgun; or
(ii) the transfer to, or possession by, a law
enforcement officer employed by an entity
referred to in clause (i) of a handgun for law
enforcement purposes (whether on or off duty);
or
(B) the transfer to, or possession by, a rail
police officer directly employed by or
contracted by a rail carrier and certified or
commissioned as a police officer under the laws
of a State of a handgun for purposes of law
enforcement (whether on or off duty);
(C) the transfer to any person of a handgun
listed as a curio or relic by the Secretary
pursuant to section 921(a)(13); or
(D) the transfer to any person of a handgun
for which a secure gun storage or safety device
is temporarily unavailable for the reasons
described in the exceptions stated in section
923(e), if the licensed manufacturer, licensed
importer, or licensed dealer delivers to the
transferee within 10 calendar days from the
date of the delivery of the handgun to the
transferee a secure gun storage or safety
device for the handgun.
(3) Liability for use.--
(A) In general.--Notwithstanding any other
provision of law, a person who has lawful
possession and control of a handgun, and who
uses a secure gun storage or safety device with
the handgun, shall be entitled to immunity from
a qualified civil liability action.
(B) Prospective actions.--A qualified civil
liability action may not be brought in any
Federal or State court.
(C) Defined term.--As used in this paragraph,
the term ``qualified civil liability action''--
(i) means a civil action brought by
any person against a person described
in subparagraph (A) for damages
resulting from the criminal or unlawful
misuse of the handgun by a third party,
if--
(I) the handgun was accessed
by another person who did not
have the permission or
authorization of the person
having lawful possession and
control of the handgun to have
access to it; and
(II) at the time access was
gained by the person not so
authorized, the handgun had
been made inoperable by use of
a secure gun storage or safety
device; and
(ii) shall not include an action
brought against the person having
lawful possession and control of the
handgun for negligent entrustment or
negligence per se.
[Appendix A Repealed. Pub. L. 103-322, Title XI, Sec.
110105(2), Sept. 13, 1994, 108 Stat. 2000]
* * * * * * *
Dissenting Views
H.R. 1112, the ``Enhanced Background Checks Act of 2019,''
fundamentally and detrimentally changes the way the National
Instant Criminal Background Check System (NICS) operates.
Currently, commercially-sold firearms are prohibited from being
transferred until a NICS check determines the transfer to the
individual would not violate applicable federal and state laws.
However, if the background check is not completed within 3
business days, the Federal Firearms Licensee (FFL) has the
OPTION to proceed with the transfer. To be clear, the FFL is
NOT required to complete the transfer. It is entirely at the
FFL's discretion.
If the NICS search finds a record requiring further
research to determine whether the prospective transferee is
prohibited from purchasing or possessing a firearm by federal
or state law, a ``Delayed'' response is issued to the FFL. A
``Delayed'' response indicates the firearm transfer should not
proceed until a follow-up ``Proceed'' response from the NICS or
the expiration of three business days, whichever occurs
first.\1\ This provision is necessary to ensure firearm
purchasers are not arbitrarily denied their Second Amendment
rights. Without the 3-day provision, the FBI has no incentive
to complete checks in a timely manner. And, with NICS appeals
sometimes taking well over a year, a system where the
government can arbitrarily delay the ability to acquire a
firearm would be a clear violation of the right to keep and
bear arms.
---------------------------------------------------------------------------
\1\See 28 CFR Part 25.6(c)(1)(iv)(B).
---------------------------------------------------------------------------
H.R. 1112 turns this system on its head. It essentially
eliminates the 3-day waiting period and imposes a 20-day
waiting period for countless firearm purchasers. As technology
has advanced since NICS was introduced over twenty years ago,
we should be looking to shorten the waiting period, not
lengthen it. In fact, many Senators in favor of stricter gun
control supported reducing the current 3-day provision to 1 day
as part of the Manchin-Toomey amendment just a few years ago.
Certainly, technology has advanced since even then.
Not only is the 20-day waiting period excessive, it is an
onerous process that unduly burdens potential firearms
purchasers. Under H.R. 1112, if an FFL conducts a NICS check
and does not receive a response from NICS after 10 business
days, the prospective purchaser is not permitted to take
possession of the firearm. The prospective purchaser may then
petition the FBI to permit the transfer to proceed. The FFL may
not proceed with the transaction until an additional 10
business days have elapsed from the date of the petition. Keep
in mind these are business days, not calendar days. That is
important because current federal law limits the validity of a
NICS background check to 30 calendar days from the date it is
initiated. In essence, this legislation eliminates the delay-
proceed option for a potential purchaser of firearms. This may
well be the intent of the authors.
The Charleston shooting does not justify elimination of the
3-day provision. The shooter first attempted to buy a firearm
on April 11, 2015, but was delayed due to an arrest for drug
possession. The firearm was transferred on April 16, 5 days
after the attempt to purchase.\2\ The attack didn't take place
until June 17, over two months after the shooter first tried to
buy the firearm. During this time, the FBI could have continued
investigating the purchaser for derogatory information. They
did not do so.
\2\Pete Williams and Mark Potter, Charleston church massacre:
Dylann Roof's gun bought at local store, msnbc.com, June 23, 2015,
http://www.msnbc.com/msnbc/charleston-churchmassacre-dylann-roofs-gun-
bought-local-store.
Doug Collins,
Ranking Member.
[all]