Senator Tom Coburn's Alternative Expanded Background Checks Proposal - S.AMDT.727
SEC. 201. PURPOSE.
The purpose of this title is to extend check procedures under the
National Instant Criminal Background Check System to promote the safe
transfer of firearms in the secondary market.
SEC. 202. FIREARMS TRANSFERS.
(a) In General.--Section 922 of title 18, United States Code, is amended--
(1) by repealing subsection (s);
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(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.
``(8) The Federal Bureau of Investigation shall not charge a user fee
for a background check conducted pursuant to this subsection.''; and
(4) by inserting after subsection (s), as redesignated, the following:
``(t)(1) In this subsection, the term `covered transfer'--
``(A) means a transfer that the transferor, the transferee, or both
intends to be permanent, including a transfer by sale, pledge, trade,
gift, or consignment; and
``(B) does not include--
``(i) a transfer between spouses, between parents or spouses of parents
and their children or spouses of their children, between siblings or
spouses of siblings, or between grandparents or spouses of grandparents
and their grandchildren or spouses of their grandchildren, or between
aunts or uncles or their spouses and their nieces or nephews or their
spouses, or between first cousins, if the transferor does not know or
have reasonable cause to believe that the transferee is prohibited from
receiving or possessing a firearm under Federal, State, or local law;
``(ii) a transfer made from a decedent's estate by bequest, intestate succession, or by operation of law; or
``(iii) a temporary transfer of a firearm, unless the transferor knows
or has reason to believe that the transferee is prohibited from
receiving or possessing a firearm under Federal, State, or local law.
``(2) Beginning on the date that is 18 months after the date of
enactment of the Gun Rights and Safety Act of 2013 or 30 days after the
date on which the consumer portal established under paragraph (3) is
operational, whichever is later, it shall be unlawful for any person who
is not licensed under this chapter to make a covered transfer of a
firearm to any other person who is not licensed under this chapter,
unless--
``(A) the covered transfer is made after a licensed importer, licensed
manufacturer, or licensed dealer has first taken possession of the
firearm for the purpose of complying with subsection (s), if upon taking
possession of the firearm, the licensee complies with all requirements
of this chapter as if the licensee were transferring the firearm from
the licensee's business inventory to the unlicensed transferee;
``(B) the covered transfer is made in accordance with regulations
promulgated by the Attorney General under paragraph (3) and after the
unlicensed transferee has undergone a background check;
``(C) the covered transfer is made--
``(i) after the transferee has presented to the transferor a permit for transfer of a firearm that--
``(I) allows the transferee to possess, acquire, or carry a firearm; and
``(II) was issued not more than 5 years earlier by the State, or
political subdivision thereof, in which the transfer is to take place;
and
``(ii) in a State in which the law of the State allows the transferee
to possess, acquire, or carry a firearm, if the law of the State, or
political subdivision of a State, that issued the permit requires that
such permit is issued only after an authorized government official has
verified that the information available to such official does not
indicate that possession of a firearm by the unlicensed transferee would
be in violation of Federal, State, or local law; or
``(D) if the State in which the covered transfer takes place has
enacted legislation that requires an unlicensed transferor to comply
with subsection (s) before the transfer takes place to assure the
unlicensed transferee is not prohibited from receiving or possessing a
firearm--
``(i) the covered transfer is made between an unlicensed transferor and
an unlicensed transferee who reside in the same State, and takes place
in such State; or
``(ii) if the unlicensed transferor and the unlicensed transferee
reside in different States and the States have entered into a reciprocal
agreement, the covered transfer takes place in either of such States.
``(3)(A) Not later than 2 years after the date of enactment of the Gun
Rights and Safety Act of 2013, the Attorney General shall, using
competitive bidding practices, authorize the establishment of an
Internet-based, consumer portal that will allow a person who is not
licensed under this chapter to run a self-background check using the
National Instant Criminal Background Check System for the purpose of
conducting a covered transfer under this subsection.
``(B) In authorizing the establishment of the consumer portal required
under subparagraph (A), the Attorney General shall ensure that--
``(i) the consumer portal may be accessed through an Internet website,
mobile application, or other means determined appropriate by the
Attorney General;
``(ii) an unlicensed transferee who completes a background check using
the consumer portal and would not be in violation of subsection (g) or
(n) of section 922 or of State law by receiving a firearm shall be
provided a temporary permit, valid for a 30-day period beginning on the
date on which the background check is completed, that--
``(I) signifies that the unlicensed transferee is not prohibited from legally purchasing or possessing a firearm; and
``(II) may be used, during the 30-day period, by the unlicensed
transferee for a covered transfer of a firearm under this subsection, in
compliance with any applicable State or Federal law;
``(iii) the temporary permit described in clause (ii) shall--
``(I) be made available to the unlicensed transferee as an electronic
printable document and be accessible through an Internet website, mobile
application, or other means determined appropriate by the Attorney
General; and
``(II) contain--
``(aa) the name of the unlicensed transferee;
``(bb) the date of expiration of the permit;
``(cc) a unique pin number that can be used to verify the validity of
the permit by the unlicensed transferor of a firearm; and
``(dd) any other protections necessary to prevent fraud;
``(iv) the consumer portal be designed in a manner that allows for
maximum privacy and security protections so that a user of the consumer
portal may only run a self-background check and not run a background
check on any other person;
``(v) any personally identifiable information obtained by the consumer
portal from an individual, including names, physical locations, mailing
addresses, Internet protocol addresses, and other unique identifiers,
shall be destroyed within 24 hours from the time at which the
information was obtained, except for--
``(I) information required for the unlicensed transferor to verify the validity of the permit, including--
``(aa) the unique serial number assigned to a temporary permit; and
``(bb) the date of birth associated with the unique serial number; and
``(II) any record of a person who--
``(aa) attempts to complete a background check; and
``(bb) would be in violation of subsection (g) or (n) of section 922 if the person received or possessed a firearm; and
``(vi) any information described in clause (v)(I) shall be destroyed at
the end of the 30-day period described in clause (ii).
``(4)(A) Notwithstanding any other provision of this chapter, except
for section 923(m), the Attorney General may implement this subsection
with regulations.
``(B) Regulations promulgated under this paragraph may not include any
provision requiring licensees to facilitate transfers in accordance with
paragraph (2)(A).
``(C) Regulations promulgated under this paragraph may not include any
provision requiring persons not licensed under this chapter to keep
records of background checks or firearms transfers.
``(D) Regulations promulgated under this paragraph may not include any
provision placing a cap on the fee licensees may charge to facilitate
transfers in accordance with paragraphs (2)(A).
``(5) No department, agency, officer, or employee of the United States may--
``(A) require that any record or portion thereof generated by a
consumer portal be recorded at or transferred to a facility owned,
managed, or controlled by the United States or any State or political
subdivision thereof; or
``(B) use a consumer portal to establish any system for the
registration of firearms, firearm owners, or firearm transactions or
dispositions, except with respect to persons, prohibited by section 922
(g) or (n) of title 18, United States Code or State law, from receiving a
firearm.
``(6) The Attorney General shall establish, and make available to the
public, a sample form, which may be used, on a voluntary basis, by a
transferor to document information relating to each firearm transfer
conducted by the transferor, for the purpose of assisting law
enforcement officers during a criminal investigation.
``(7)(A) If the consumer portal established under this subsection is
shut down for a period of more than 7 days, this subsection shall have
no force or effect during the period for which the consumer portal is
non-operational.
``(B) If the consumer portal established under this subsection is ever
permanently shut down or defunded, this subsection shall have no force
or effect beginning on the date on which the consumer portal is
non-operational.
``(8)(A) Subject to subparagraph (B), paragraph (2) shall not apply to a
covered transfer described in subparagraph (D) in a State that has
enacted legislation that--
``(i) establishes requirements for background checks for covered
transfers described in subparagraph (D) that are similar to the
requirements described in this subsection; and
``(ii) allows for the State to have primary enforcement authority of
covered transfers described in subparagraph (D) occurring within the
State.
``(B) If the Attorney General determines that legislation enacted by a
State does not establish requirements for background checks for covered
transfers described in subparagraph (D) that are similar to the
requirements described in this subsection--
``(i) the Attorney General shall notify the State of the determination; and
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``(ii) beginning on the date that is 1 year after the date on which the
Attorney General notifies the State under clause (i), paragraph (2)
shall apply to a covered transfer in the State unless the State has
enacted legislation that establishes requirements for background checks
for covered transfers that are, in the determination of the Attorney
General, similar to the requirements described in this subsection.
``(C) In establishing requirements that are similar to the requirements under this subsection, a State--
``(i) may allow for geographic or technological exemptions for rural
areas within the State that are remote and lack the technological
capabilities needed to access the consumer portal; and
``(ii) may impose penalties for violations of the requirements
established by the State that are stronger than the penalties imposed
under this chapter for violations of the requirements under this
subsection.
``(D) A covered transfer described in this subparagraph is a covered
transfer between an unlicensed transferor and an unlicensed transferee
that occurs--
``(i) at any venue where firearms transactions take place or where
firearms transferors or transferees are brought together, including at a
gun show or event, or on the curtilage thereof; or
``(ii) pursuant to an advertisement, posting, display, or other public
listing on the Internet, in a publication, at a forum, or in any manner
accessible to the general public by the transferor of his intent to
transfer, or the transferee of his intent to acquire, the firearm.''.
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