H.R. 137 — Introduced in House

I 113th CONGRESS 1st Session H. R. 137 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. McCarthy of New York introduced the following bill; which was referred to the Committee on the Judiciary 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. 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 and 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. Penalties for States that do not make data electronically available to the National Instant Criminal Background Check System. Sec. 102. Requirement that Federal agencies certify that they have submitted to the National Instant Criminal Background Check System all records identifying persons prohibited from purchasing firearms under Federal law. Sec. 103. Adjudicated as a mental defective; mental health assessment plan. Sec. 104. Clarification of the definition of drug abusers and drug addicts who are prohibited from possessing firearms. TITLE II—Requiring a background check for every firearm sale Sec. 201. Purpose. Sec. 202. Firearms transfers. Sec. 203. Effective date. I Ensuring that all individuals who should be prohibited from buying a gun are listed in the National Instant Criminal Background Check System 101. 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 to read as follows: (b) Penalties (1) Discretionary reduction During the 2-year period beginning 3 years after January 8, 2008, 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. (2) Mandatory reductions (A) During the 2-year period after the expiration of the period referred to in paragraph (1), the Attorney General shall 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. (B) After the expiration of the period referred to in subparagraph (A), 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. 102. Requirement that Federal agencies certify that they have submitted to the National Instant Criminal Background Check System all records identifying persons prohibited from purchasing firearms under Federal law 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) Semiannual certification and reporting (i) In general The head of each Federal department or agency shall submit to the Attorney General a written certification indicating whether the department or agency has provided to the Attorney General the pertinent information contained in any record of any person that the department or agency was in possession of during the time period addressed by the report demonstrating that the person falls within a category described in subsection (g) or (n) of section 922 of title 18, United States Code. (ii) Submission dates The head of a Federal department or agency shall submit a certification under clause (i)— (I) not later than July 31 of each year, which shall address any record the department or agency was in possession of during the period beginning on January 1 of the year and ending on June 30 of the year; and (II) not later than January 31 of each year, which shall address any record the department or agency was in possession of during the period beginning on July 1 of the previous year and ending on December 31 of the previous year. (iii) Contents A certification required under clause (i) shall state, for the applicable period— (I) the number of records of the Federal department or agency demonstrating that a person fell within each of the categories described in section 922(g) of title 18, United States Code; (II) the number of records of the Federal department or agency demonstrating that a person fell within the category described in section 922(n) of title 18, United States Code; and (III) for each category of records described in subclauses (I) and (II), the total number of records of the Federal department or agency that have been provided to the Attorney General. . 103. Adjudicated as a mental defective (a) In general Section 921(a) of title 18, United States Code, is amended by adding at the end the following: (36) The term adjudicated as a mental defective shall— (A) have the meaning given the term in section 478.11 of title 27, Code of Federal Regulations, or any successor thereto; and (B) include an order by a court, board, commission, or other lawful authority that a person, in response to mental illness, incompetency, or marked subnormal intelligence, be compelled to receive services— (i) including counseling, medication, or testing to determine compliance with prescribed medications; and (ii) not including testing for use of alcohol or for abuse of any controlled substance or other drug. (37) The term committed to a mental institution shall have the meaning given the term in section 478.11 of title 27, Code of Federal Regulations, or any successor thereto. . (b) Limitation An individual who has been adjudicated as a mental defective before the effective date described in section 203 may not apply for relief from disability under section 101(c)(2) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) on the basis that the individual does not meet the requirements in section 921(a)(36) of title 18, United States Code, as added by subsection (a). (c) NICS Improvement Amendments Act of 2007 Section 3 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by striking paragraph (2) and inserting the following: (2) Mental health terms (A) In general Except as provided in subparagraph (B), the terms adjudicated as a mental defective and committed to a mental institution shall have the meaning given the terms in section 921(a) of title 18, United States Code. (B) Exception For purposes of sections 102 and 103, the terms adjudicated as a mental defective and committed to a mental institution shall have the same meanings as on the day before the date of enactment of the Fix Gun Checks Act of 2013 until the end of the 2-year period beginning on such date of enactment. . 104. 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 Protection Act (18 U.S.C. 922 note), as amended by section 102 of this Act, is amended by adding at the end the following: (G) Application to Federal courts In this paragraph— (i) the terms department or 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. . II Requiring a background check for every firearm sale 201. Purpose The purpose of this title is to extend the Brady Law background check procedures to all sales and transfers of firearms. 202. Firearms transfers (a) In general Chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Background checks for firearm transfers by unlicensed persons (a) Definitions In this section— (1) the term unlicensed transferee means a person who— (A) is not licensed under this chapter; and (B) desires to received a firearm from an unlicensed transferor; and (2) the term unlicensed transferor means a person who— (A) is not licensed under this chapter; and (B) desires to transfer a firearm to an unlicensed transferee. (b) Responsibilities of transferors other than licensees (1) In general It shall be unlawful for an unlicensed transferor to transfer a firearm to an unlicensed transferee, unless the firearm is transferred— (A) (i) through a licensed dealer under subsection (d); (ii) after inspecting a permit that confirms a background check under subsection (f); or (iii) in accordance with an exception described in subsection (g); and (B) in accordance with paragraph (2). (2) Criminal background checks Except as provided in subsection (g), an unlicensed transferor— (A) subject to subparagraph (B), may not transfer a firearm to an unlicensed transferee until— (i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A); or (ii) the unlicensed transferee has presented a permit that confirms that a background check has been conducted, as described in subsection (f); and (B) may not transfer a firearm to an unlicensed transferee if the licensed dealer through which the transfer is made under subsection (d) makes the notification described in subsection (d)(3)(B). (3) Absence of recordkeeping requirements Nothing in this section shall permit or authorize the Attorney General to impose recordkeeping requirements on any unlicensed transferor. (c) Responsibilities of transferees other than licensees (1) In general It shall be unlawful for an unlicensed transferee to receive a firearm from an unlicensed transferor, unless the firearm is transferred— (A) (i) through a licensed dealer under subsection (d); (ii) after inspecting a permit that confirms a background check in accordance with subsection (f); or (iii) in accordance with an exception described in subsection (g); and (B) in accordance with paragraph (2). (2) Criminal background checks Except as provided in subsection (f), an unlicensed transferee— (A) subject to subparagraph (B), may not receive a firearm from an unlicensed transferor until— (i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A); or (ii) the unlicensed transferee has presented a permit that confirms that a background check described in subsection (f) has been conducted; and (B) may not receive a firearm from another unlicensed transferor if the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(B). (d) Background checks through licensed dealers A licensed dealer who agrees to assist in the transfer of a firearm between unlicensed transferor and an unlicensed transferee shall— (1) enter such information about the firearm as the Attorney General may require by regulation into a separate bound record; (2) record the transfer on a form specified by the Attorney General; (3) comply with section 922(t) as if transferring the firearm from the inventory of the licensed dealer to the unlicensed transferee (except that a licensed dealer assisting in the transfer of a firearm under this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the unlicensed transferee) and notify the unlicensed transferor and unlicensed transferee— (A) of such compliance; and (B) if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or State law; (4) not later than 31 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which— (A) shall be on a form specified by the Attorney General by regulation; and (B) shall not include the name of or other identifying information relating to the unlicensed transferor or unlicensed transferee; (5) if the licensed dealer assists an unlicensed transferor in transferring, at the same time or during any 5 consecutive business days, 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same unlicensed transferee, in addition to the reports required under paragraph (4), prepare a report of the multiple transfers, which shall— (A) be prepared on a form specified by the Attorney General; and (B) not later than the close of business on the date on which the transfer requiring the report under this paragraph occurs, be submitted to— (i) the office specified on the form described in subparagraph (A); and (ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and (6) retain a record of the transfer as part of the permanent business records of the licensed dealer. (e) Purchase permits confirming background checks An unlicensed transferor may transfer a firearm to an unlicensed transferee if the unlicensed transferor verifies that— (1) the unlicensed transferee has presented to a licensed dealer a permit or license that allows the unlicensed transferee to possess, acquire, or carry a firearm, and the licensed dealer has verified to the unlicensed transferor that the permit or license is valid; (2) the permit or license was issued not more than 5 years before the date on which the permit or license is presented under paragraph (1) by a law enforcement agency in the State in which the transfer is to take place; (3) the law of the State provides that the permit or license is to be issued only after a law enforcement official has verified that neither the national instant criminal background check system nor other information indicates that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law; and (4) if the permit or license does not include a photograph of the unlicensed transferee, the unlicensed transferor has examined a valid identification document (as defined in section 1028(d)) of the unlicensed transferee containing a photograph of the unlicensed transferee. (f) Exceptions Unless prohibited by any other provision of law, subsections (b) and (c) shall not apply to any transfer of a firearm between an unlicensed transferor and unlicensed transferee, if— (1) the transfer is a bona fide gift between immediate family members, including spouses, parents, children, siblings, grandparents, and grandchildren; (2) the transfer occurs by operation of law, or because of the death of another person for whom the unlicensed transferor is an executor or administrator of an estate or a trustee of a trust created in a will; (3) the transfer is temporary and occurs while in the home of the unlicensed transferee, if— (A) the unlicensed transferee is not otherwise prohibited from possessing firearms; and (B) the unlicensed transferee believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the unlicensed transferee; (4) the transfer is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or (5) upon application of the unlicensed transferor, the Attorney General determined that compliance with subsection (b) is impracticable because— (A) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; (B) the location at which the transfer is to occur is extremely remote in relation to the chief law enforcement officer (as defined in section 922(s)(8)); and (C) there is an absence of telecommunications facilities in the geographical area in which the unlicensed transferor is located; or (6) the transfer is a temporary transfer of possession without transfer of title that takes place— (A) 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; (B) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization; or (C) while hunting, fishing, or trapping, if— (i) the activity is legal in all places where the unlicensed transferee possesses the firearm; and (ii) the unlicensed transferee holds any required license or permit. (g) Processing fees A licensed dealer that processes the transfer of a firearm under this section may assess and collect a fee, in an amount not to exceed $15, with respect to each firearm transfer processed. . (b) Penalties Section 924(a)(5) of title 18, United States Code, is amended by inserting or section 932 after section 922. (c) Conforming amendment The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Background checks for firearm transfers by unlicensed persons. . 203. Effective date The amendments made by this Act shall take effect 180 days after the date of enactment of this Act.