Fix Gun Checks Act of 2013 - Amends the NICS Improvement Amendments Act of 2007 (NICS Act) to modify the periods during which penalties are applicable to states that do not make certain records pertaining to firearms eligibility electronically available to the National Instant Criminal Background Check System (NICBCS). Repeals provisions authorizing the Attorney General to waive certain penalties if a state provides substantial evidence that it is making a reasonable effort to provide such records. Directs the Attorney General to publish, and make available on a publicly accessible website, an annual report that ranks states by the ratio of number of records submitted by each state to the estimated total number of available records of the state.
Amends the Brady Handgun Violence Prevention Act to: (1) require the head of each federal agency to submit to the Attorney General, biannually, a written certification indicating whether the agency has provided pertinent information contained in any agency record demonstrating that a person falls within a category of persons prohibited from possessing firearms under federal law; and (2) include a federal court as a federal department or agency, and require the Director of the Administrative Office of the U.S. Courts to perform the functions of a department or agency head, for purposes of such Act.
Amends the federal criminal code to define the terms "adjudicated as a mental defective" and "committed to a mental institution" for purposes of federal firearms provisions. Prohibits an individual so adjudicated before the effective date of this Act from applying for relief from disability under the NICS Act on the basis that the individual does not meet the requirements under such definition.
Prohibits a person who is not a licensed firearms importer, manufacturer, or dealer from transferring a firearm to, or receiving a firearm from, another unlicensed person, except: (1) through a licensed dealer, which shall conduct a background check through the NICBCS; and (2) after inspecting a permit that confirms that such background check has been conducted. Specifies exceptions, including for: (1) the transfer of a bona fide gift between immediate family members; (2) a transfer that occurs by operation of law or by an executor or trustee because of the death of another person; (3) a temporary transfer that occurs in the home of the unlicensed transferee who believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the transferee; and (4) certain temporary transfers without the transfer of title at a shooting range, at a shooting competition, or while hunting, fishing, or trapping.
Prohibits an unlicensed transferee from receiving a firearm from an unlicensed transferor if the licensed dealer through which the transfer is made receives a notification from the NICBCS that the transfer is prohibited.
Sets forth requirements for a licensed dealer that assists in such transfer, including requirements to: (1) notify the transferor and transferee of compliance with background check requirements and of the receipt of any notification from the NICBCS that a transfer is prohibited, and (2) report to the Attorney General on such a transfer and on transfers of two or more pistols and/or revolvers to the same unlicensed transferee during any five consecutive business days. Permits such dealer to assess a processing fee.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 137 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 137
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2013
Mrs. McCarthy of New York introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fix Gun Checks Act
of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
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.
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.
Sec. 103. Adjudicated as a mental defective; mental health assessment
plan.
Sec. 104. Clarification of the definition of drug abusers and drug
addicts who are prohibited from possessing
firearms.
TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE
Sec. 201. Purpose.
Sec. 202. Firearms transfers.
Sec. 203. Effective date.
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.
(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:
``(b) Penalties.--
``(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.
``(2) Mandatory reductions.--
``(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.
``(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.''.
(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.
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:
``(F) Semiannual certification and reporting.--
``(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.
``(ii) Submission dates.--The head of a
Federal department or agency shall submit a
certification under clause (i)--
``(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; and
``(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.
``(iii) Contents.--A certification required
under clause (i) shall state, for the
applicable period--
``(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;
``(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;
and
``(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.''.
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:
``(36) The term `adjudicated as a mental defective' shall--
``(A) have the meaning given the term in section
478.11 of title 27, Code of Federal Regulations, or any
successor thereto; and
``(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--
``(i) including counseling, medication, or
testing to determine compliance with prescribed
medications; and
``(ii) not including testing for use of
alcohol or for abuse of any controlled
substance or other drug.
``(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.''.
(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).
(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:
``(2) Mental health terms.--
``(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.
``(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.''.
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:
``(G) Application to federal courts.--In this
paragraph--
``(i) the terms `department or agency of
the United States' and `Federal department or
agency' include a Federal court; and
``(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.''.
TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE
SEC. 201. PURPOSE.
The purpose of this title is to extend the Brady Law background
check procedures to all sales and transfers of firearms.
SEC. 202. FIREARMS TRANSFERS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Background checks for firearm transfers by unlicensed
persons
``(a) Definitions.--In this section--
``(1) the term `unlicensed transferee' means a person who--
``(A) is not licensed under this chapter; and
``(B) desires to received a firearm from an
unlicensed transferor; and
``(2) the term `unlicensed transferor' means a person who--
``(A) is not licensed under this chapter; and
``(B) desires to transfer a firearm to an
unlicensed transferee.
``(b) Responsibilities of Transferors Other Than Licensees.--
``(1) In general.--It shall be unlawful for an unlicensed
transferor to transfer a firearm to an unlicensed transferee,
unless the firearm is transferred--
``(A)(i) through a licensed dealer under subsection
(d);
``(ii) after inspecting a permit that confirms a
background check under subsection (f); or
``(iii) in accordance with an exception described
in subsection (g); and
``(B) in accordance with paragraph (2).
``(2) Criminal background checks.--Except as provided in
subsection (g), an unlicensed transferor--
``(A) subject to subparagraph (B), may not transfer
a firearm to an unlicensed transferee until--
``(i) the licensed dealer through which the
transfer is made under subsection (d) makes a
notification described in subsection (d)(3)(A);
or
``(ii) the unlicensed transferee has
presented a permit that confirms that a
background check has been conducted, as
described in subsection (f); and
``(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).
``(3) Absence of recordkeeping requirements.--Nothing in
this section shall permit or authorize the Attorney General to
impose recordkeeping requirements on any unlicensed transferor.
``(c) Responsibilities of Transferees Other Than Licensees.--
``(1) In general.--It shall be unlawful for an unlicensed
transferee to receive a firearm from an unlicensed transferor,
unless the firearm is transferred--
``(A)(i) through a licensed dealer under subsection
(d);
``(ii) after inspecting a permit that confirms a
background check in accordance with subsection (f); or
``(iii) in accordance with an exception described
in subsection (g); and
``(B) in accordance with paragraph (2).
``(2) Criminal background checks.--Except as provided in
subsection (f), an unlicensed transferee--
``(A) subject to subparagraph (B), may not receive
a firearm from an unlicensed transferor until--
``(i) the licensed dealer through which the
transfer is made under subsection (d) makes a
notification described in subsection (d)(3)(A);
or
``(ii) the unlicensed transferee has
presented a permit that confirms that a
background check described in subsection (f)
has been conducted; and
``(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).
``(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--
``(1) enter such information about the firearm as the
Attorney General may require by regulation into a separate
bound record;
``(2) record the transfer on a form specified by the
Attorney General;
``(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--
``(A) of such compliance; and
``(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;
``(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--
``(A) shall be on a form specified by the Attorney
General by regulation; and
``(B) shall not include the name of or other
identifying information relating to the unlicensed
transferor or unlicensed transferee;
``(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--
``(A) be prepared on a form specified by the
Attorney General; and
``(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--
``(i) the office specified on the form
described in subparagraph (A); and
``(ii) the appropriate State law
enforcement agency of the jurisdiction in which
the transfer occurs; and
``(6) retain a record of the transfer as part of the
permanent business records of the licensed dealer.
``(e) Purchase Permits Confirming Background Checks.--An unlicensed
transferor may transfer a firearm to an unlicensed transferee if the
unlicensed transferor verifies that--
``(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;
``(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;
``(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; and
``(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.
``(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--
``(1) the transfer is a bona fide gift between immediate
family members, including spouses, parents, children, siblings,
grandparents, and grandchildren;
``(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;
``(3) the transfer is temporary and occurs while in the
home of the unlicensed transferee, if--
``(A) the unlicensed transferee is not otherwise
prohibited from possessing firearms; and
``(B) the unlicensed transferee believes that
possession of the firearm is necessary to prevent
imminent death or great bodily harm to the unlicensed
transferee;
``(4) the transfer is approved by the Attorney General
under section 5812 of the Internal Revenue Code of 1986; or
``(5) upon application of the unlicensed transferor, the
Attorney General determined that compliance with subsection (b)
is impracticable because--
``(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;
``(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));
and
``(C) there is an absence of telecommunications
facilities in the geographical area in which the
unlicensed transferor is located; or
``(6) the transfer is a temporary transfer of possession
without transfer of title that takes place--
``(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;
``(B) at a target firearm shooting competition
under the auspices of or approved by a State agency or
nonprofit organization; or
``(C) while hunting, fishing, or trapping, if--
``(i) the activity is legal in all places
where the unlicensed transferee possesses the
firearm; and
``(ii) the unlicensed transferee holds any
required license or permit.
``(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.''.
(b) Penalties.--Section 924(a)(5) of title 18, United States Code,
is amended by inserting ``or section 932'' after ``section 922''.
(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:
``932. Background checks for firearm transfers by unlicensed
persons.''.
SEC. 203. EFFECTIVE DATE.
The amendments made by this Act shall take effect 180 days after
the date of enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.
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