[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4320 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 4320
To provide for the reporting to State and local law enforcement
authorities of cases in which the national instant criminal background
check system indicates that a firearm has been sought to be acquired by
a prohibited person, so that authorities may pursue criminal charges
under State law, and to ensure that the Department of Justice reports
to Congress on charges brought and prosecutions secured against
prohibited persons who attempt to acquire a firearm.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 2016
Mr. Quigley (for himself, Mr. Meehan, Mr. King of New York, and Mr.
Pascrell) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for the reporting to State and local law enforcement
authorities of cases in which the national instant criminal background
check system indicates that a firearm has been sought to be acquired by
a prohibited person, so that authorities may pursue criminal charges
under State law, and to ensure that the Department of Justice reports
to Congress on charges brought and prosecutions secured against
prohibited persons who attempt to acquire a firearm.
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 ``NICS Denial Notification Act of
2016''.
SEC. 2. REPORTING OF BACKGROUND CHECK DENIALS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 925A the following:
``Sec. 925B. Reporting of background check denials to State authorities
``(a) If the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act provides a notice pursuant to section 922(t) of this title that the
receipt of a firearm by a person would violate subsection (g) or (n) of
section 922 of this title or State law, the Attorney General shall, in
accordance with subsection (b) of this section--
``(1) report to the law enforcement authorities of the
State where the person sought to acquire the firearm, and, if
different, the law enforcement authorities of the State of
residence of the person--
``(A) that the notice was provided;
``(B) of the specific provision of law that would
have been violated;
``(C) of the date and time the notice was provided;
``(D) of the location where the firearm was sought
to be acquired; and
``(E) of the identity of the person; and
``(2) where practicable, report the incident to local law
enforcement authorities and State and local prosecutors in the
jurisdiction where the firearm was sought and in the
jurisdiction where the person resides.
``(b) A report is made in accordance with this subsection if the
report is made within 24 hours after the provision of the notice
described in subsection (a), except that the making of the report may
be delayed for so long as is necessary to avoid compromising an ongoing
investigation.
``(c) Subsection (a) shall not be interpreted to require a report
with respect to a person to be made to the same State authorities that
originally issued the notice with respect to the person.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 925A the
following:
``925B. Reporting of background check denials to State authorities.''.
SEC. 3. STUDY OF BACKGROUND CHECK DENIALS; ANNUAL REPORT TO CONGRESS.
(a) In General.--Chapter 44 of title 18, United States Code, as
amended by section 2(a) of this Act, is amended by inserting after
section 925B the following:
``Sec. 925C. Study of background check denials; annual report to
Congress
``(a) Not later than 1 year after the date of the enactment of this
section, the Attorney General shall submit to the Congress a report
detailing which categories of people prohibited by section 922(g) from
receiving or possessing a firearm are most likely to engage in criminal
activity.
``(b) Not later than 1 year after the date of the enactment of this
section, and annually thereafter, the Attorney General shall submit to
the Congress a report detailing the following:
``(1) The findings of any research identifying which people
who are denied a firearm pursuant to section 922(t) are most
likely to engage in criminal activity.
``(2) With respect to each category of persons prohibited
by section 922(g) from receiving or possessing a firearm who
are so denied a firearm--
``(A) the number of cases referred to the Bureau of
Alcohol, Tobacco, Firearms and Explosives;
``(B) the number of cases with respect to which an
investigation was opened by a field division of the
Bureau;
``(C) the number of arrests made;
``(D) the number of persons charged with a criminal
offense in connection with the denial; and
``(E) the number of convictions obtained by Federal
authorities.
``(3) The number of background check notices reported to
State authorities pursuant to section 925B (including the
number of the notices that would have been so reported but for
section 925B(c)), along with an accounting of why any notice
described in such section was not so reported.
``(4) The number of background check notices reported to
local authorities pursuant to section 925B, along with an
accounting of the progress made in developing a system for
reporting the notices to local authorities.''.
(b) Clerical Amendment.--The table of sections for such chapter, as
amended by section 2(b) of this Act, is amended by inserting after the
item relating to section 925B the following:
``925C. Study of background check denials; annual report to
Congress.''.
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