S.174
S 174 IS
January 29, 2013
Mr. BLUMENTHAL (for himself, Mr. MURPHY, and Mr. LAUTENBERG)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
- This Act may be cited as the `Ammunition Background Check Act of 2013'.
SEC. 2. FINDINGS.
- Congress finds the following:
- (1) Under current Federal law, it is illegal to sell
firearms or ammunition to certain individuals, including felons,
fugitives, drug addicts, and those deemed `mentally defective' or
committed to a mental institution.
- (2) There is no requirement under Federal law that
sellers of ammunition conduct a background check to determine whether
potential purchasers are in fact prohibited by law from buying
ammunition.
- (3) By contrast, under current Federal law, licensed
sellers of firearms are required by law to conduct an instant background
check using the National Instant Criminal Background Check System of
the Justice Department.
- (4) Over the last decade, there have been over
100,000,000 background checks conducted under the National Instant
Criminal Background Check System with respect to firearms sales,
resulting in the blocking of more than 1,500,000 sales of firearms to
felons, fugitives, drug addicts, and the mentally ill, among others.
- (5) The vast majority of instant background checks on
firearms purchases occur in an average of 30 seconds, at minimal
inconvenience to firearms sellers and law-abiding purchasers.
- (6) The requirement of background checks for ammunition
purchases would pose a minimal inconvenience to ammunition sellers and
law-abiding purchasers, and would help reduce gun-related violence.
- (7) Current Federal law includes a variety of other
provisions regulating the sale of firearms, including limits on
interstate gun sales and recordkeeping requirements designed to assist
in criminal investigations, that do not apply to sales of ammunition.
- (8) Sales of ammunition should be held to similar requirements as sales of firearms.
SEC. 3. BACKGROUND CHECKS.
- (a) Requiring Background Checks for Purchases of Ammunition-
- (1) IN GENERAL- Section 922 of title 18, United States Code, is amended by inserting after subsection (u) the following:
- `(v)(1) On and after the date that is 180 days after the
date of enactment of the Ammunition Background Check Act of 2013, no
person who is licensed under this chapter shall transfer ammunition 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 the Brady Handgun Violence Prevention
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
- `(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 ammunition 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 an ammunition 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 ammunition; 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 or ammunition 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 any person licensed under this chapter that the
information available to the system does not demonstrate that the
receipt of ammunition by such other person would violate subsection (g)
or (n) or State law, and the licensee transfers ammunition to such other
person, the seller shall include in the record of the transfer the
unique identification number provided by the system with respect to the
transfer.
- `(5) If any person licensed under this chapter knowingly
transfers ammunition to another 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
ammunition 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 person under section 923, and may impose on
the person a civil fine of not more than $5,000 for a first violation,
$25,000 for a second violation, and $100,000 for any subsequent
violation.
- `(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
ammunition to a person whose receipt or possession of the ammunition is
unlawful under this section; or
- `(B) for preventing such a sale or transfer to a person who may lawfully receive or possess ammunition.'.
- (2) REGULATIONS RELATING TO RETENTION AND DESTRUCTION
OF RECORDS IN SYSTEM- In promulgating regulations to carry out
subsection (v)(2)(C) of section 922 of title 18, United States Code, as
added by this Act, the Attorney General shall ensure that the records
described in such subsection are destroyed not later than 3 business
days after the date on which a licensee is notified that a transfer of
ammunition may proceed under such section.
- (3) CONFORMING AMENDMENTS-
- (A) TITLE 18- Section 922 of title 18, United States Code, is amended--
- (i) in subsection (c)--
- (I) in the matter preceding paragraph (1), by inserting `or ammunition' after `sell a firearm';
- (II) in paragraph (1)--
- (III) in paragraph (2), by inserting `or ammunition' after `firearm' each place it appears.
- (ii) in subsection (d), in the matter following
paragraph (9), by adding at the end, the following: `Any person who is
licensed under this chapter and who sells ammunition to any of the
persons described in paragraph (1) through (9) after failing to comply
with the requirements of section 922(v) of title 18, United States Code,
shall be deemed to have acted knowingly with respect to this
subsection.'.
- (B) PENALTY- Section 924(a)(5) of title 18, United States Code, is amended by striking `or (t)' and inserting `, (t), or (v)'.
- (C) BRADY HANDGUN VIOLENCE PREVENTION ACT- Section
103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note)
is amended--
- (i) by inserting `or ammunition' after `firearm' each place it appears;
- (ii) in subsection (i), in the subsection heading, by inserting `or Ammunition' after `Firearms'; and
- (iii) in subsection (j)(2), inserting `ammunition',' after `The terms'.
- (b) Ammunition Transfers-
- (1) IN GENERAL- Chapter 44 of title 18, United States Code, is amended by adding at the end the following:
`Sec. 932. Background checks for ammunition 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 ammunition 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 ammunition to an unlicensed transferee.
- `(b) Prohibition-
- `(1) IN GENERAL- It shall be unlawful for an unlicensed
transferee to knowingly transfer ammunition to an unlicensed transferor
and knowingly fail to obtain a background check conducted by a licensed
dealer in accordance with subsection (d) with respect to the transfer.
- `(2) CRIMINAL PENALTY- An unlicensed transferee who
violates paragraph (1) shall be fined under this title, imprisoned for
not more than 1 year, or both.
- `(c) Civil Penalty- If any unlicensed transferee knowingly
transfers ammunition to an unlicensed transferor and knowingly fails to
obtain a background check conducted by a licensed dealer in accordance
with subsection (d) with respect to the transfer and, at the time such
unlicensed transferor 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 ammunition by
such unlicensed transferor would violate subsection (g) or (n) of
section 922 or State law, the Attorney General may, after notice and
opportunity for a hearing, impose on the unlicensed transferee a civil
fine of not more than $5,000 for a first violation, $25,000 for a second
violation, and $100,000 for any subsequent violation.
- `(d) Background Checks Through Licensed Dealers- A licensed
dealer who agrees to assist in the transfer of ammunition between an
unlicensed transferor and an unlicensed transferee shall--
- `(1) enter such information about the ammunition 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(v) as if transferring the
ammunition from the inventory of the licensed dealer to the unlicensed
transferee (except that a licensed dealer assisting in the transfer of
ammunition under this subsection shall not be required to comply again
with the requirements of section 922(v) in delivering the ammunition 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(v)(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, 1,000 or more rounds of ammunition, 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.'.
- (2) 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 ammunition transfers by unlicensed persons.'.
- (c) Authorization of Appropriations- There are authorized
to be appropriated to the Attorney General such sums as are necessary--
- (1) to ensure that the national instant criminal
background check system operates as quickly and effectively as it did
before the enactment of this Act; and
- (2) for the cost of implementing and enforcing the
amendments made by this Act, including audits and other regulatory or
enforcement efforts.
SEC. 4. REGULATORY REQUIREMENTS.
- (a) Requiring Recordkeeping for Ammunition Sales- Section
922(b)(5) of title 18, United States Code, is amended by striking `or
armor-piercing ammunition' and inserting `or ammunition'.
- (b) No Ammunition Sales Contrary to State Law- Section 922(b)(2) of title 18, United States Code, is amended--
- (1) by inserting `or ammunition' after `any firearm'; and
- (2) by inserting `or ammunition' after `such firearm'.
- (c) No Interstate Ammunition Sales-
- (1) IN GENERAL- Section 922(b)(3) of title 18, United States Code, is amended--
- (A) by inserting `or ammunition' after `any firearm'; and
- (B) by striking `rifle or shotgun' and inserting `ammunition, rifle, or shotgun'.
- (2) OTHER PROVISIONS- Section 922(a) is amended--
- (A) in paragraph (3) by inserting `or ammunition' after `firearm' each place it appears; and
- (B) in paragraph (5), by inserting `or ammunition' after `firearm' each place it appears except the last place it appears.
- (d) Reporting-
- (1) IN GENERAL- Section 923(g) of title 18, United States Code, is amended--
- (A) in paragraph (1)(A)--
- (i) in the first sentence, by inserting `or ammunition' after `other disposition of firearms'; and
- (ii) in the third sentence, by striking `, or
any licensed importer or manufacturer of ammunition,' and inserting `,
or any licensed importer, manufacturer, or dealer of ammunition,';
- (B) in paragraph (2)--
- (i) by inserting `or ammunition' after `disposition of firearms'; and
- (ii) by inserting `or ammunition' after `a firearm';
- (C) in paragraph (3), by adding at the end the following:
- `(C)(i) Each licensee shall prepare a report of multiple
sales or other dispositions whenever the licensee sells or otherwise
disposes of, at one time or during any 5 consecutive business days, a
large quantity of ammunition (as determined in accordance with clause
(ii)) to an unlicensed person. The report shall be prepared on a form
specified by the Attorney General and forwarded to the office specified
thereon and to the department of State police or State law enforcement
agency of the State and, where feasible, the local law enforcement
agency of the local jurisdiction in which the sale or other disposition
took place, not later than the close of business on the day that the
multiple sale or other disposition occurs.
- `(ii) The Attorney General shall determine the quantity of
ammunition that constitutes a large quantity for the purpose of this
subparagraph, the quantity of which--
- `(I) shall be based on the Attorney General's
determination of the quantity that indicates an intent to engage in any
type of criminal activity;
- `(II) may be modified by the Attorney General from time to time; and
- `(III) may vary by geographic area if the Attorney
General determines that it is appropriate to assist law enforcement
efforts.';
- (D) in paragraph (6)--
- (i) by inserting `or a significant quantity of ammunition,' after `theft or loss of a firearm'; and
- (ii) by adding at the end the following: `Not
later than 60 days after the date of enactment of the Ammunition
Background Check Act of 2013, the Attorney General shall promulgate
rules defining `significant quantity' for the purpose of this
paragraph.'; and
- (E) in paragraph (7), by inserting `or any quantity of ammunition' after `1 or more firearms'; and
- (2) CONFORMING AMENDMENT- Section 4182(d) of the
Internal Revenue Code of 1986 (relating to exemptions relating to
firearms) is amended by inserting `and except as provided in paragraphs
(1)(A) and (3)(C) of section 923(g) of title 18, United States Code,'
before `no person holding a Federal license'.
- (e) Making It a Crime To Steal Ammunition- Section 922(u) of title 18, United States Code, is amended--
- (1) by inserting `or ammunition' after `in firearms'; and
- (2) by inserting `or ammunition' after `any firearm'.
- (f) Keeping Ammunition Out of the Hands of Juveniles- Section 922(x) of title 18, United States Code, is amended--
- (1) in paragraph (1)(B), by striking `only'; and
- (2) in paragraph (2)(B), by striking `only'.
- (g) Licensing of Ammunition Dealers-
- (1) IN GENERAL- Section 923(a) of title 18, United
States Code, is amended in the matter preceding paragraph (1), by
striking `, or importing or manufacturing' and inserting `or'.
- (2) DEFINITIONS- Section 921(a) of title 18, United States Code is amended--
- (A) in paragraph (11)(A), by inserting `or ammunition' after `firearms';
- (B) in paragraph (12), by inserting `or ammunition' after `any firearm'; and
- (C) in paragraph (13), by inserting `or ammunition' after `firearms'.
