H.R.21
HR 21 IH
January 3, 2013
Mr. MORAN introduced the following bill; which was 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 `NRA Members' Gun Safety Act of 2013'.
TITLE I--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE
SEC. 101. PURPOSE.
- The purpose of this title is to extend the Brady Law background check procedures to all sales and transfers of firearms.
SEC. 102. 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 receive 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) through a law enforcement agency under subsection (e);
- `(iii) after inspecting a permit that confirms a background check under subsection (f); or
- `(iv) 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);
- `(ii) the law enforcement agency through which
the transfer is made under subsection (e) makes a notification described
in subsection (e)(4)(A); or
- `(iii) 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--
- `(i) the licensed dealer through which the
transfer is made under subsection (d) makes the notification described
in subsection (d)(3)(B); or
- `(ii) the law enforcement agency through which
the transfer is made under subsection (e) makes the notification
described in subsection (e)(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) through a law enforcement agency under subsection (e);
- `(iii) after inspecting a permit that confirms a background check in accordance with subsection (f); or
- `(iv) 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 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);
- `(ii) the law enforcement agency through which
the transfer is made under subsection (e) makes a notification described
in subsection (e)(4)(A); or
- `(iii) 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--
- `(i) the licensed dealer through which the
transfer is made under subsection (d) makes a notification described in
subsection (d)(3)(B); or
- `(ii) the law enforcement agency through which
the transfer is made under subsection (e) makes a notification described
in subsection (e)(4)(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, two or more pistols or revolvers, or any combination of
pistols and revolvers totaling two 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) Background Checks Through Law Enforcement Agencies- A
State or local law enforcement agency that agrees to assist an
unlicensed transferor in carrying out the responsibilities of the
unlicensed transferor under subsection (b) with respect to the transfer
of a firearm shall--
- `(1)(A) contact the national instant criminal background check system under section 922(t); and
- `(B)(i) receive an identification number as described in section 922(t)(1)(B)(i); or
- `(ii) wait the period described in 922(t)(1)(B)(ii);
- `(2) conduct such other checks as the agency considers
appropriate to determine whether the receipt or possession of the
firearm by the unlicensed transferee would violate section 922 or State
law;
- `(3) verify the identity of the unlicensed transferee by--
- `(A) examining a valid identification document (as
defined in section 1028(d)) of the unlicensed transferee containing a
photograph of the unlicensed transferee; or
- `(B) confirming that the unlicensed transferor has examined a valid identification document described in subparagraph (A);
- `(4) notify the unlicensed transferor and transferee--
- `(A) of the compliance by the law enforcement agency with the requirements under paragraphs (1), (2), and (3); and
- `(B) of any receipt by the law enforcement agency
of a notification from the national instant criminal background check
system or other information that the transfer would violate section 922
or would violate State law;
- `(5) 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;
- `(6) if the law enforcement agency assists an
unlicensed transferor in transferring, at the same time or during any 5
consecutive business days, two or more pistols or revolvers, or any
combination of pistols and revolvers totaling two or more, to the same
unlicensed transferee, in addition to the reports required under
paragraph (5), prepare a report of the multiple transfers, which shall
be--
- `(A) prepared on a form specified by the Attorney General; and
- `(B) not later 24 hours after the transfer requiring the report under this paragraph occurs, 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
- `(7) maintain records of the transfer at such place, and in such form, as the Attorney General may prescribe.
- `(f) 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 or a law enforcement official a permit or license that
allows the unlicensed transferee to possess, acquire, or carry a
firearm, and the licensed dealer or law enforcement official, as the
case may be, 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.
- `(g) 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.
- `(h) Processing Fees- A licensed dealer or law enforcement
agency 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.
- `(i) Records- Nothing in subsection (e)(7) shall be
construed to authorize the Attorney General to inspect records described
in such subsection or to require that the records be transferred to a
facility owned, managed, or controlled by the United States.'.
- (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. 103. EFFECTIVE DATE.
- The amendments made by this title shall take effect 180 days after the date of enactment of this Act.
TITLE II--BACKGROUND CHECKS FOR GUN SHOP EMPLOYEES
SEC. 201. BACKGROUND CHECKS REQUIRED FOR EMPLOYEES AUTHORIZED TO POSSESS OR TRANSFER FIREARMS OR AMMUNITION IN THE COURSE OF A LICENSED FIREARM BUSINESS.
- (a) In General- Section 923 of title 18, United States Code, is amended by adding at the end the following:
- `(m)(1)(A) It shall be unlawful for a licensed dealer to
authorize an employee hired by the employer on or after the effective
date of this subsection to possess or transfer a firearm or ammunition
in the course of employment with the licensed dealer, unless the
licensed dealer has received from the Attorney General a notice that the
Attorney General has determined that receipt of a firearm by the
employee would not be unlawful.
- `(B) Beginning 3 months after the effective date of this
subsection, it shall be unlawful for a licensed dealer to authorize an
employee hired by the employer before the effective date of this
subsection, to possess or transfer a firearm or ammunition in the course
of employment with the licensed dealer, unless the licensed dealer has
received from the Attorney General a notice that the Attorney General
has determined that receipt of a firearm by the employee would not be
unlawful.
- `(2) The Attorney General may temporarily waive the
applicability of paragraph (1) to an employer with respect to an
employee about whom the employer has submitted to the Attorney General
the information described in paragraph (3) if the Attorney General
determines that the Attorney General will be unable to make a
determination under paragraph (3) with respect to the employee in a
timely manner.
- `(3)(A) If the Attorney General receives from a licensed
dealer the name and other identifying information of an employee who
will be authorized by the licensed dealer to possess or transfer a
firearm in the course of employment with the licensed dealer, the
Attorney General shall determine whether it would be unlawful for the
employee to receive a firearm under Federal law or under the law of any
State or locality in which the employee may be so authorized. In making
the determination, the Attorney General may take into account a letter
or document issued under subparagraph (B).
- `(B)(i) If the Attorney General determines that such a
receipt of a firearm by the employee would not be unlawful, the Attorney
General shall notify the licensed dealer in writing or electronically
of the determination, and issue to the employee a letter of clearance,
which confirms the determination.
- `(ii) If the Attorney General determines that such a
receipt of a firearm by the employee would be unlawful, the Attorney
General shall notify the licensed dealer in writing or electronically of
the determination, and issue to the employee a document that--
- `(I) confirms the determination;
- `(II) explains the grounds for the determination;
- `(III) provides information on how the disability may be relieved; and
- `(IV) explains how the determination may be appealed.'.
- (b) Penalties-
- (1) ADMINISTRATIVE- Section 923(e) of such title is
amended by inserting `knowingly violated subsection (m)(1) or' before
`willfully violated'.
- (2) CRIMINAL- Section 924(a)(1)(D) of such title is
amended by inserting `knowingly violates section 923(m)(1) or' before
`willfully'.
- (c) Correction of Erroneous System Information- Section 103(g) of the Brady Handgun Violence Prevention Act (18 U.S.C.
