S.374
S 374 RS
February 25, 2013
Mr. SCHUMER introduced the following bill; which was read twice and referred to the Committee on the Judiciary
March 12, 2013
Reported by Mr. LEAHY, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]
- [Struck out->]
This Act may be cited as the `Protecting Responsible Gun Sellers Act of 2013'. [<-Struck out]
[Struck out->] SEC. 2. FINDINGS. [<-Struck out]
- [Struck out->]
Congress makes the following findings: [<-Struck out]- [Struck out->]
(1) Congress supports and
respects the right to bear arms found in the Second Amendment to the
Constitution of the United States. [<-Struck out]- [Struck out->]
(2) Congress supports the existing prohibition on a national firearms registry. [<-Struck out]- [Struck out->]
(3) There are deficits in the
background check system in effect before the date of enactment of this
Act and the Department of Justice should make it a top priority to work
with States to swiftly input missing records, including mental health
records. [<-Struck out]- [Struck out->]
(4) If the citizens of the
United States agree that in order to promote safe and responsible gun
ownership criminals and the mentally ill should be prohibited from
possessing firearms, it should be incumbent upon all citizens to ensure
weapons are not being transferred to such people. [<-Struck out]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; 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. Reauthorization of NICS Act Record Improvement Program grants.
- Sec. 102. Penalties for States that do not make data
electronically available to the National Instant Criminal Background
Check System.
- Sec. 103. Clarification that Federal court
information is to be made available to the National Instant Criminal
Background Check System.
TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE
- Sec. 201. Purpose.
- Sec. 202. Firearms transfers.
- Sec. 203. Lost and stolen reporting.
- Sec. 204. 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. REAUTHORIZATION OF NICS ACT RECORD IMPROVEMENT PROGRAM GRANTS.
- (a) In General- Section 102(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
- (1) in paragraph (1)(C)--
- (A) by striking clauses (ii) and (iii); and
- (B) by redesignating clauses (iv), (v), and (vi) as clauses (ii), (iii), and (iv), respectively; and
- (2) by striking paragraph (2) and inserting the following:
- `(2) SCOPE-
- `(A) IN GENERAL- The Attorney General, in
determining the compliance of a State under this section or section 104
for the purpose of granting a waiver or imposing a loss of Federal
funds, shall assess the total percentage of records provided by the
State concerning any event occurring within the time period established
by the Attorney General under subparagraph (B), which would disqualify a
person from possessing a firearm under subsection (g) or (n) of section
922 of title 18, United States Code.
- `(B) REGULATIONS- Not later than 1 year after
the date of enactment of the Fix Gun Checks Act of 2013, the Attorney
General shall, through regulation, establish the time period described
in subparagraph (A).'.
- (b) Implementation Assistance to States- Section 103 of
the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is
amended--
- (1) by striking subsection (a)(1) and inserting the following:
- `(1) IN GENERAL- From amounts made available to
carry out this section and subject to section 102(b)(1)(B), the Attorney
General shall make grants to States and Indian tribal governments, in a
manner consistent with the National Criminal History Improvement
Program, which shall be used by the States and Indian tribal
governments, in conjunction with units of local government and State and
local courts to--
- `(A) establish and plan information and identification technologies for firearms eligibility determinations; and
- `(B) make improvements or upgrade information and identification technologies for firearms eligibility determinations.';
- (2) by striking subsections (b) and (c) and inserting the following:
- `(b) Use of Grant Amounts-
- `(1) IN GENERAL- Grants awarded to States or Indian tribes under subsection (a)(1) may only be used to--
- `(A) create electronic systems, which provide
accurate and up-to-date information that is directly related to checks
under the National Instant Criminal Background Check System (referred to
in this section as `NICS'), including court disposition and corrections
records;
- `(B) assist States in establishing or enhancing their own capacities to perform NICS background checks;
- `(C) supply accurate and timely information to
the Attorney General concerning final dispositions of criminal records
to databases accessed by NICS;
- `(D) supply accurate and timely information to
the Attorney General concerning the identity of persons who are
prohibited from obtaining a firearm under section 922(g)(4) of title 18,
United States Code, to be used by the Federal Bureau of Investigation
solely to conduct NICS background checks;
- `(E) supply accurate and timely court orders
and records of misdemeanor crimes of domestic violence for inclusion in
Federal and State law enforcement databases used to conduct NICS
background checks; and
- `(F) collect and analyze data needed to demonstrate levels of State compliance with this Act.
- `(2) ADDITIONAL USES-
- `(A) IN GENERAL- In addition to the uses described in paragraph (1)--
- `(i) a grant awarded under subsection
(a)(1)(A) may be used to assist States in establishing or enhancing a
relief from disabilities program in accordance with section 105; and
- `(ii) a grant awarded under subsection
(a)(1)(B) may be used to maintain the relief from disabilities program
in accordance with section 105.
- `(B) LIMITATION- Not less than 3 percent and no
more than 10 percent of each grant awarded under subsection (a)(1)(B)
shall be used for the purpose described in subparagraph (A)(i).
- `(c) Eligibility- To be eligible for a grant under
section 103(a)(1)(B), a State shall certify, to the satisfaction of the
Attorney General, that the State has implemented a relief from
disabilities program in accordance with section 105.'; and
- (3) by striking subsection (e) and inserting the following:
- `(e) Authorization of Appropriations-
- `(1) IN GENERAL- There are to be authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2014 through 2018.
- `(2) LIMITATIONS-
- `(A) USE OF AMOUNTS AUTHORIZED- Of the amounts
authorized to be appropriated for each fiscal year under paragraph (1),
not more than 30 percent may be used to carry out subsection (a)(1)(B) .
- `(B) ALLOCATIONS- A State may not be awarded more than 2 grants under subsection (a)(1)(B).'.
SEC. 102. 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 by striking
paragraphs (1) and (2) and inserting the following:
- `(1) DISCRETIONARY REDUCTION-
- `(A) During the 2-year period beginning on the
date on which the Attorney General publishes final rules required under
section 102(b)(2)(B), 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.
- `(B) During the 3-year period after the
expiration of the period described in subparagraph (A), the Attorney
General may 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.
- `(2) MANDATORY REDUCTION- After the expiration of
the period referred to in paragraph (1)(B), 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. 103. 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
Prevention Act (18 U.S.C. 922 note), is amended by adding at the end the
following:
- `(F) APPLICATION TO FEDERAL COURTS- In this paragraph--
- `(i) the terms `department of 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- Section 922 of title 18, United States Code, is amended--
- (1) by repealing subsection (s);
- (2) by redesignating subsection (t) as subsection (s);
- (3) in subsection (s), as redesignated--
- (A) in paragraph (3)(C)(ii), by striking `(as defined in subsection (s)(8))'; and
- (B) by adding at the end the following:
- `(7) In this subsection, the term `chief law
enforcement officer' means the chief of police, the sheriff, or an
equivalent officer or the designee of any such individual.'; and
- (4) by inserting after subsection (s), as redesignated, the following:
- `(t)(1) Beginning on the date that is 180 days after
the date of enactment of this subsection, it shall be unlawful for any
person who is not licensed under this chapter to transfer a firearm to
any other person who is not licensed under this chapter, unless a
licensed importer, licensed manufacturer, or licensed dealer has first
taken possession of the firearm for the purpose of complying with
subsection (s). Upon taking possession of the firearm, the licensee
shall comply with all requirements of this chapter as if the licensee
were transferring the firearm from the licensee's inventory to the
unlicensed transferee.
- `(2) Paragraph (1) shall not apply to--
- `(A) bona fide gifts between spouses, between
parents and their children, between siblings, or between grandparents
and their grandchildren;
- `(B) a transfer made from a decedent's estate, pursuant to a legal will or the operation of law;
- `(C) a temporary transfer of possession that occurs between an unlicensed transferor and an unlicensed transferee, if --
- `(i) the temporary transfer of possession occurs in the home or curtilage of the unlicensed transferor;
- `(ii) the firearm is not removed from that home or curtilage during the temporary transfer; and
- `(iii) the transfer has a duration of less than 7 days; and
- `(D) a temporary transfer of possession without
transfer of title made in connection with lawful hunting or sporting
purposes if the transfer occurs--
- `(i) 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 and the
firearm is, at all times, kept within the premises of the shooting
range;
- `(ii) at a target firearm shooting competition
under the auspices of or approved by a State agency or nonprofit
organization and the firearm is, at all times, kept within the premises
of the shooting competition; and
- `(iii) while hunting or trapping, if--
- `(I) the activity is legal in all places where the unlicensed transferee possesses the firearm;
- `(II) the temporary transfer of possession occurs during the designated hunting season; and
- `(III) the unlicensed transferee holds any required license or permit.
- `(3) For purposes of this subsection, the term `transfer'--
- `(A) shall include a sale, gift, loan, return from pawn or consignment, or other disposition; and
- `(B) shall not include temporary possession of the
firearm for purposes of examination or evaluation by a prospective
transferee while in the presence of the prospective transferee.
- `(4)(A) Notwithstanding any other provision of this
chapter, the Attorney General may implement this subsection with
regulations.
- `(B) Regulations promulgated under this paragraph--
- `(i) shall include a provision setting a maximum
fee that may be charged by licensees for services provided in accordance
with paragraph (1); and
- `(ii) shall include a provision requiring a record
of transaction of any transfer that occurred between an unlicensed
transferor and unlicensed transferee accordance with paragraph (1).'.
- (b) Technical and Conforming Amendments-
- (1) SECTION 922- Section 922(y)(2) of title 18,
United States Code, is amended, in the matter preceding subparagraph
(A), by striking `, (g)(5)(B), and (s)(3)(B)(v)(II)' and inserting `and
(g)(5)(B)'.
- (2) SECTION 925A- Section 925A of title 18, United
States Code, is amended, in the matter preceding paragraph (1), by
striking `subsection (s) or (t) of section 922' and inserting `section
922(s)'.
SEC. 203. LOST AND STOLEN REPORTING.
- (a) In General- Section 922 of title 18, United States Code, is amended by adding at the end--
- `(aa) It shall be unlawful for any person who lawfully
possesses or owns a firearm that has been shipped or transported in, or
has been possessed in or affecting, interstate or foreign commerce, to
fail to report the theft or loss of the firearm, within 24 hours after
the person discovers the theft or loss, to the Attorney General and to
the appropriate local authorities.'.
- (b) Penalty- Section 924(a)(1) of title 18, United
States Code, is amended by striking subparagraph (B) and inserting the
following:
- `(B) knowingly violates subsection (a)(4), (f), (k), (q), or (aa) of section 922;'.
SEC. 204. EFFECTIVE DATE.
- The amendments made by this Act shall take effect 180 days after the date of enactment of this Act.
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