H.R.137
Fix Gun Checks Act of 2013 (Introduced in House - IH)
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. 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:
`(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:
