HR 137 IHCommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 137CommentsClose CommentsPermalink

To ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

January 3, 2013CommentsClose CommentsPermalink

Mrs. MCCARTHY of New York introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Fix Gun Checks Act of 2013’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title and table of contents.CommentsClose CommentsPermalink

TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

Sec. 101. Penalties for States that do not make data electronically available to the National Instant Criminal Background Check System.CommentsClose CommentsPermalink





Sec. 102. Requirement that Federal agencies certify that they have submitted to the National Instant Criminal Background Check System all records identifying persons prohibited from purchasing firearms under Federal law.CommentsClose CommentsPermalink





Sec. 103. Adjudicated as a mental defective; mental health assessment plan.CommentsClose CommentsPermalink





Sec. 104. Clarification of the definition of drug abusers and drug addicts who are prohibited from possessing firearms.CommentsClose CommentsPermalink

TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE

Sec. 201. Purpose.CommentsClose CommentsPermalink





Sec. 202. Firearms transfers.CommentsClose CommentsPermalink





Sec. 203. Effective date.CommentsClose CommentsPermalink

TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEMCommentsClose CommentsPermalink

SEC. 101. PENALTIES FOR STATES THAT DO NOT MAKE DATA ELECTRONICALLY AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

(a) In General- Section 104(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended to read as follows:CommentsClose CommentsPermalink





‘(b) Penalties-CommentsClose CommentsPermalink





‘(1) DISCRETIONARY REDUCTION- During the 2-year period beginning 3 years after January 8, 2008, the Attorney General may withhold not more than 3 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State provides less than 50 percent of the records required to be provided under sections 102 and 103.CommentsClose CommentsPermalink





‘(2) MANDATORY REDUCTIONS-CommentsClose CommentsPermalink





‘(A) During the 2-year period after the expiration of the period referred to in paragraph (1), the Attorney General shall withhold 4 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State provides less than 70 percent of the records required to be provided under sections 102 and 103.CommentsClose CommentsPermalink





‘(B) After the expiration of the period referred to in subparagraph (A), the Attorney General shall withhold 5 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755), if the State provides less than 90 percent of the records required to be provided under sections 102 and 103.’.CommentsClose CommentsPermalink





(b) Reporting of State Compliance- Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Attorney General shall publish, and make available on a publicly accessible website, a report that ranks the States by the ratio of number of records submitted by each State under sections 102 and 103 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to the estimated total number of available records of the State.CommentsClose CommentsPermalink

SEC. 102. REQUIREMENT THAT FEDERAL AGENCIES CERTIFY THAT THEY HAVE SUBMITTED TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM ALL RECORDS IDENTIFYING PERSONS PROHIBITED FROM PURCHASING FIREARMS UNDER FEDERAL LAW.

Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(F) SEMIANNUAL CERTIFICATION AND REPORTING-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The head of each Federal department or agency shall submit to the Attorney General a written certification indicating whether the department or agency has provided to the Attorney General the pertinent information contained in any record of any person that the department or agency was in possession of during the time period addressed by the report demonstrating that the person falls within a category described in subsection (g) or (n) of section 922 of title 18, United States Code.CommentsClose CommentsPermalink





‘(ii) SUBMISSION DATES- The head of a Federal department or agency shall submit a certification under clause (i)--CommentsClose CommentsPermalink





‘(I) not later than July 31 of each year, which shall address any record the department or agency was in possession of during the period beginning on January 1 of the year and ending on June 30 of the year; andCommentsClose CommentsPermalink





‘(II) not later than January 31 of each year, which shall address any record the department or agency was in possession of during the period beginning on July 1 of the previous year and ending on December 31 of the previous year.CommentsClose CommentsPermalink





‘(iii) CONTENTS- A certification required under clause (i) shall state, for the applicable period--CommentsClose CommentsPermalink





‘(I) the number of records of the Federal department or agency demonstrating that a person fell within each of the categories described in section 922(g) of title 18, United States Code;CommentsClose CommentsPermalink





‘(II) the number of records of the Federal department or agency demonstrating that a person fell within the category described in section 922(n) of title 18, United States Code; andCommentsClose CommentsPermalink





‘(III) for each category of records described in subclauses (I) and (II), the total number of records of the Federal department or agency that have been provided to the Attorney General.’.CommentsClose CommentsPermalink

SEC. 103. ADJUDICATED AS A MENTAL DEFECTIVE.

(a) In General- Section 921(a) of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(36) The term ‘adjudicated as a mental defective’ shall--CommentsClose CommentsPermalink





‘(A) have the meaning given the term in section 478.11 of title 27, Code of Federal Regulations, or any successor thereto; andCommentsClose CommentsPermalink





‘(B) include an order by a court, board, commission, or other lawful authority that a person, in response to mental illness, incompetency, or marked subnormal intelligence, be compelled to receive services--CommentsClose CommentsPermalink





‘(i) including counseling, medication, or testing to determine compliance with prescribed medications; andCommentsClose CommentsPermalink





‘(ii) not including testing for use of alcohol or for abuse of any controlled substance or other drug.CommentsClose CommentsPermalink





‘(37) The term ‘committed to a mental institution’ shall have the meaning given the term in section 478.11 of title 27, Code of Federal Regulations, or any successor thereto.’.CommentsClose CommentsPermalink





(b) Limitation- An individual who has been adjudicated as a mental defective before the effective date described in section 203 may not apply for relief from disability under section 101(c)(2) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) on the basis that the individual does not meet the requirements in section 921(a)(36) of title 18, United States Code, as added by subsection (a).CommentsClose CommentsPermalink





(c) NICS Improvement Amendments Act of 2007- Section 3 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(2) MENTAL HEALTH TERMS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as provided in subparagraph (B), the terms ‘adjudicated as a mental defective’ and ‘committed to a mental institution’ shall have the meaning given the terms in section 921(a) of title 18, United States Code.CommentsClose CommentsPermalink





‘(B) EXCEPTION- For purposes of sections 102 and 103, the terms ‘adjudicated as a mental defective’ and ‘committed to a mental institution’ shall have the same meanings as on the day before the date of enactment of the Fix Gun Checks Act of 2013 until the end of the 2-year period beginning on such date of enactment.’.CommentsClose CommentsPermalink

SEC. 104. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

Section 103(e)(1) of the Brady Handgun Violence Protection Act (18 U.S.C. 922 note), as amended by section 102 of this Act, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(G) APPLICATION TO FEDERAL COURTS- In this paragraph--CommentsClose CommentsPermalink





‘(i) the terms ‘department or agency of the United States’ and ‘Federal department or agency’ include a Federal court; andCommentsClose CommentsPermalink





‘(ii) for purposes of any request, submission, or notification, the Director of the Administrative Office of the United States Courts shall perform the functions of the head of the department or agency.’.CommentsClose CommentsPermalink

TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALECommentsClose CommentsPermalink

SEC. 201. PURPOSE.

The purpose of this title is to extend the Brady Law background check procedures to all sales and transfers of firearms.CommentsClose CommentsPermalink

SEC. 202. FIREARMS TRANSFERS.

(a) In General- Chapter 44 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 932. Background checks for firearm transfers by unlicensed persons

‘(a) Definitions- In this section--CommentsClose CommentsPermalink





‘(1) the term ‘unlicensed transferee’ means a person who--CommentsClose CommentsPermalink





‘(A) is not licensed under this chapter; andCommentsClose CommentsPermalink





‘(B) desires to received a firearm from an unlicensed transferor; andCommentsClose CommentsPermalink





‘(2) the term ‘unlicensed transferor’ means a person who--CommentsClose CommentsPermalink





‘(A) is not licensed under this chapter; andCommentsClose CommentsPermalink





‘(B) desires to transfer a firearm to an unlicensed transferee.CommentsClose CommentsPermalink





‘(b) Responsibilities of Transferors Other Than Licensees-CommentsClose CommentsPermalink





‘(1) IN GENERAL- It shall be unlawful for an unlicensed transferor to transfer a firearm to an unlicensed transferee, unless the firearm is transferred--CommentsClose CommentsPermalink





‘(A)(i) through a licensed dealer under subsection (d);CommentsClose CommentsPermalink





‘(ii) after inspecting a permit that confirms a background check under subsection (f); orCommentsClose CommentsPermalink





‘(iii) in accordance with an exception described in subsection (g); andCommentsClose CommentsPermalink





‘(B) in accordance with paragraph (2).CommentsClose CommentsPermalink





‘(2) CRIMINAL BACKGROUND CHECKS- Except as provided in subsection (g), an unlicensed transferor--CommentsClose CommentsPermalink





‘(A) subject to subparagraph (B), may not transfer a firearm to an unlicensed transferee until--CommentsClose CommentsPermalink





‘(i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A); orCommentsClose CommentsPermalink





‘(ii) the unlicensed transferee has presented a permit that confirms that a background check has been conducted, as described in subsection (f); andCommentsClose CommentsPermalink





‘(B) may not transfer a firearm to an unlicensed transferee if the licensed dealer through which the transfer is made under subsection (d) makes the notification described in subsection (d)(3)(B).CommentsClose CommentsPermalink





‘(3) ABSENCE OF RECORDKEEPING REQUIREMENTS- Nothing in this section shall permit or authorize the Attorney General to impose recordkeeping requirements on any unlicensed transferor.CommentsClose CommentsPermalink





‘(c) Responsibilities of Transferees Other Than Licensees-CommentsClose CommentsPermalink





‘(1) IN GENERAL- It shall be unlawful for an unlicensed transferee to receive a firearm from an unlicensed transferor, unless the firearm is transferred--CommentsClose CommentsPermalink





‘(A)(i) through a licensed dealer under subsection (d);CommentsClose CommentsPermalink





‘(ii) after inspecting a permit that confirms a background check in accordance with subsection (f); orCommentsClose CommentsPermalink





‘(iii) in accordance with an exception described in subsection (g); andCommentsClose CommentsPermalink





‘(B) in accordance with paragraph (2).CommentsClose CommentsPermalink





‘(2) CRIMINAL BACKGROUND CHECKS- Except as provided in subsection (f), an unlicensed transferee--CommentsClose CommentsPermalink





‘(A) subject to subparagraph (B), may not receive a firearm from an unlicensed transferor until--CommentsClose CommentsPermalink





‘(i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A); orCommentsClose CommentsPermalink





‘(ii) the unlicensed transferee has presented a permit that confirms that a background check described in subsection (f) has been conducted; andCommentsClose CommentsPermalink





‘(B) may not receive a firearm from another unlicensed transferor if the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(B).CommentsClose CommentsPermalink





‘(d) Background Checks Through Licensed Dealers- A licensed dealer who agrees to assist in the transfer of a firearm between unlicensed transferor and an unlicensed transferee shall--CommentsClose CommentsPermalink





‘(1) enter such information about the firearm as the Attorney General may require by regulation into a separate bound record;CommentsClose CommentsPermalink





‘(2) record the transfer on a form specified by the Attorney General;CommentsClose CommentsPermalink





‘(3) comply with section 922(t) as if transferring the firearm from the inventory of the licensed dealer to the unlicensed transferee (except that a licensed dealer assisting in the transfer of a firearm under this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the unlicensed transferee) and notify the unlicensed transferor and unlicensed transferee--CommentsClose CommentsPermalink





‘(A) of such compliance; andCommentsClose CommentsPermalink





‘(B) if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or State law;CommentsClose CommentsPermalink





‘(4) not later than 31 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which--CommentsClose CommentsPermalink





‘(A) shall be on a form specified by the Attorney General by regulation; andCommentsClose CommentsPermalink





‘(B) shall not include the name of or other identifying information relating to the unlicensed transferor or unlicensed transferee;CommentsClose CommentsPermalink





‘(5) if the licensed dealer assists an unlicensed transferor in transferring, at the same time or during any 5 consecutive business days, 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same unlicensed transferee, in addition to the reports required under paragraph (4), prepare a report of the multiple transfers, which shall--CommentsClose CommentsPermalink





‘(A) be prepared on a form specified by the Attorney General; andCommentsClose CommentsPermalink





‘(B) not later than the close of business on the date on which the transfer requiring the report under this paragraph occurs, be submitted to--CommentsClose CommentsPermalink





‘(i) the office specified on the form described in subparagraph (A); andCommentsClose CommentsPermalink





‘(ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; andCommentsClose CommentsPermalink





‘(6) retain a record of the transfer as part of the permanent business records of the licensed dealer.CommentsClose CommentsPermalink





‘(e) Purchase Permits Confirming Background Checks- An unlicensed transferor may transfer a firearm to an unlicensed transferee if the unlicensed transferor verifies that--CommentsClose CommentsPermalink





‘(1) the unlicensed transferee has presented to a licensed dealer a permit or license that allows the unlicensed transferee to possess, acquire, or carry a firearm, and the licensed dealer has verified to the unlicensed transferor that the permit or license is valid;CommentsClose CommentsPermalink





‘(2) the permit or license was issued not more than 5 years before the date on which the permit or license is presented under paragraph (1) by a law enforcement agency in the State in which the transfer is to take place;CommentsClose CommentsPermalink





‘(3) the law of the State provides that the permit or license is to be issued only after a law enforcement official has verified that neither the national instant criminal background check system nor other information indicates that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law; andCommentsClose CommentsPermalink





‘(4) if the permit or license does not include a photograph of the unlicensed transferee, the unlicensed transferor has examined a valid identification document (as defined in section 1028(d)) of the unlicensed transferee containing a photograph of the unlicensed transferee.CommentsClose CommentsPermalink





‘(f) Exceptions- Unless prohibited by any other provision of law, subsections (b) and (c) shall not apply to any transfer of a firearm between an unlicensed transferor and unlicensed transferee, if--CommentsClose CommentsPermalink





‘(1) the transfer is a bona fide gift between immediate family members, including spouses, parents, children, siblings, grandparents, and grandchildren;CommentsClose CommentsPermalink





‘(2) the transfer occurs by operation of law, or because of the death of another person for whom the unlicensed transferor is an executor or administrator of an estate or a trustee of a trust created in a will;CommentsClose CommentsPermalink





‘(3) the transfer is temporary and occurs while in the home of the unlicensed transferee, if--CommentsClose CommentsPermalink





‘(A) the unlicensed transferee is not otherwise prohibited from possessing firearms; andCommentsClose CommentsPermalink





‘(B) the unlicensed transferee believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the unlicensed transferee;CommentsClose CommentsPermalink





‘(4) the transfer is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; orCommentsClose CommentsPermalink





‘(5) upon application of the unlicensed transferor, the Attorney General determined that compliance with subsection (b) is impracticable because--CommentsClose CommentsPermalink





‘(A) 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;CommentsClose CommentsPermalink





‘(B) the location at which the transfer is to occur is extremely remote in relation to the chief law enforcement officer (as defined in section 922(s)(8)); andCommentsClose CommentsPermalink





‘(C) there is an absence of telecommunications facilities in the geographical area in which the unlicensed transferor is located; orCommentsClose CommentsPermalink





‘(6) the transfer is a temporary transfer of possession without transfer of title that takes place--CommentsClose CommentsPermalink





‘(A) at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms;CommentsClose CommentsPermalink





‘(B) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization; orCommentsClose CommentsPermalink





‘(C) while hunting, fishing, or trapping, if--CommentsClose CommentsPermalink





‘(i) the activity is legal in all places where the unlicensed transferee possesses the firearm; andCommentsClose CommentsPermalink





‘(ii) the unlicensed transferee holds any required license or permit.CommentsClose CommentsPermalink





‘(g) Processing Fees- A licensed dealer that processes the transfer of a firearm under this section may assess and collect a fee, in an amount not to exceed $15, with respect to each firearm transfer processed.’.CommentsClose CommentsPermalink





(b) Penalties- Section 924(a)(5) of title 18, United States Code, is amended by inserting ‘or section 932’ after ‘section 922’.CommentsClose CommentsPermalink





(c) Conforming Amendment- The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘932. Background checks for firearm transfers by unlicensed persons.’.CommentsClose CommentsPermalink

SEC. 203. EFFECTIVE DATE.

The amendments made by this Act shall take effect 180 days after the date of enactment of this Act.CommentsClose CommentsPermalink