[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2492 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 2492
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 prosecutions secured against prohibited persons who
attempt to acquire a firearm.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2018
Mr. Toomey (for himself, Mr. Coons, Mr. Rubio, Mr. Nelson, Mr. Cornyn,
Ms. Duckworth, Mr. Graham, Mrs. McCaskill, Ms. Collins, and Ms.
Klobuchar) introduced the following bill; which was read twice and
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 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
2018''.
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) In General.--If the national instant criminal background
check system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901) (commonly referred to as
`NICS') 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) the specific provision of law that would have
been violated;
``(C) the date and time the notice was provided;
``(D) the location where the firearm was sought to
be acquired; and
``(E) 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) Requirements for Report.--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) Amendment of Report.--If a report is made in accordance with
this subsection and, after such report is made, the Federal Bureau of
Investigation or the Bureau of Alcohol, Tobacco, Firearms, and
Explosives determines that the receipt of a firearm by a person for
whom the report was made would not violate subsection (g) or (n) of
section 922 of this title or State law, the Attorney General shall, in
accordance with subsection (b), notify any law enforcement authority
and any prosecutor to whom the report was made of that determination.
``(d) Rule of Construction.--Nothing in subsection (a) shall be
construed 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. 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. Annual report to Congress
``Not later than 1 year after the date of enactment of this
section, and annually thereafter, the Attorney General shall submit to
Congress a report detailing the following, broken down by Federal
judicial district:
``(1) With respect to each category of persons prohibited
by subsection (g) or (n) of section 922 of this title or State
law from receiving or possessing a firearm who are so denied a
firearm--
``(A) the number of denials;
``(B) the number of denials referred to the Bureau
of Alcohol, Tobacco, Firearms, and Explosives;
``(C) the number of denials for which the Bureau of
Alcohol, Tobacco, Firearms, and Explosives determines
that the person denied was not prohibited by subsection
(g) or (n) of section 922 of this title or State law
from receiving or possessing a firearm;
``(D) the number of denials overturned through the
national instant criminal background check system
appeals process and the reasons for overturning the
denials;
``(E) the number of denials with respect to which
an investigation was opened by a field division of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives;
``(F) the number of persons charged with a Federal
criminal offense in connection with a denial; and
``(G) the number of convictions obtained by Federal
authorities in connection with a denial.
``(2) 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)).''.
(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. Annual report to Congress.''.
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