[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 374 Reported in Senate (RS)]
Calendar No. 25
113th CONGRESS
1st Session
S. 374
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
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]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Protecting Responsible Gun
Sellers Act of 2013''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (1) Congress supports and respects the right to
bear arms found in the Second Amendment to the Constitution of
the United States.</DELETED>
<DELETED> (2) Congress supports the existing prohibition on
a national firearms registry.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
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.
Calendar No. 25
113th CONGRESS
1st Session
S. 374
_______________________________________________________________________
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.
_______________________________________________________________________
March 12, 2013
Reported with an amendment