,i #aacth ,,congress #ast ,session ,h4 ,r4 #acg ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjac ,mrs4 ,mc,carthy of ,new ,york introduced the following bill2 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 sale4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,fix ,gun ,checks ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title and table of contents4 ,,title ,i--,ensuring that all individuals who should be prohibited from buying a gun are listed in the ,national ,instant ,criminal ,background ,check ,system ,sec4 #aja4 ,penalties for ,states that do not make data electronically available to the ,national ,instant ,criminal ,background ,check ,system4 ,sec4 #ajb4 ,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 law4 ,sec4 #ajc4 ,adjudicated as a mental defective2 mental health assessment plan4 ,sec4 #ajd4 ,clarification of the definition of drug abusers and drug addicts who are prohibited from possessing firearms4 ,,title ,,ii--,requiring a background check for every firearm sale ,sec4 #bja4 ,purpose4 ,sec4 #bjb4 ,firearms transfers4 ,sec4 #bjc4 ,effective date4 ,i ,ensuring that all individuals who should be prohibited from buying a gun are listed in the ,national ,instant ,criminal ,background ,check ,system #aja4 ,penalties for ,states that do not make data electronically available to the ,national ,instant ,criminal ,background ,check ,system 7a7 ,in general ,section #ajd7;b7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 is amended to read as follows3 7b7 ,penalties 7#a7 ,discretionary reduction ,during the #b-year period beginning #c years after ,january #h1 #bjjh1 the ,attorney ,general may withhold not more than #c percent of the amount that would otherwise be allocated to a ,state under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgee7 if the ,state provides less than #ej percent of the records required to be provided under sections #ajb and #ajc4 7#b7 ,mandatory reductions 7,a7 ,during the #b-year period after the expiration of the period referred to in paragraph 7#a71 the ,attorney ,general shall withhold #d percent of the amount that would otherwise be allocated to a ,state under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgee7 if the ,state provides less than #gj percent of the records required to be provided under sections #ajb and #ajc4 7,b7 ,after the expiration of the period referred to in subparagraph 7,a71 the ,attorney ,general shall withhold #e percent of the amount that would otherwise be allocated to a ,state under section #eje of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgee71 if the ,state provides less than #ij percent of the records required to be provided under sections #ajb and #ajc4 4 7b7 ,reporting of ,state compliance ,not later than #a year after the date of enactment of this ,act1 and every year thereafter1 the ,attorney ,general shall publish1 and make available on a publicly accessible website1 a report that ranks the ,states by the ratio of number of records submitted by each ,state under sections #ajb and #ajc of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 to the estimated total number of available records of the ,state4 #ajb4 ,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 #ajc7;e77#a7 of the ,brady ,handgun ,violence ,prevention ,act 7#ah ,u4,s4,c4 #ibb note7 is amended by adding at the end the following3 7,f7 ,semiannual certification and reporting 7i7 ,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 7g7 or 7n7 of section #ibb of title #ah1 ,united ,states ,code4 7ii7 ,submission dates ,the head of a ,federal department or agency shall submit a certification under clause 7i7-- 7,i7 not later than ,july #ca of each year1 which shall address any record the department or agency was in possession of during the period beginning on ,january #a of the year and ending on ,june #cj of the year2 and 7,,ii7 not later than ,january #ca of each year1 which shall address any record the department or agency was in possession of during the period beginning on ,july #a of the previous year and ending on ,december #ca of the previous year4 7iii7 ,contents ,a certification required under clause 7i7 shall state1 for the applicable period-- 7,i7 the number of records of the ,federal department or agency demonstrating that a person fell within each of the categories described in section #ibb7;g7 of title #ah1 ,united ,states ,code2 7,,ii7 the number of records of the ,federal department or agency demonstrating that a person fell within the category described in section #ibb7n7 of title #ah1 ,united ,states ,code2 and 7,,iii7 for each category of records described in subclauses 7,i7 and 7,,ii71 the total number of records of the ,federal department or agency that have been provided to the ,attorney ,general4 4 #ajc4 ,adjudicated as a mental defective 7a7 ,in general ,section #iba7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#cf7 ,the term adjudicated as a mental defective shall-- 7,a7 have the meaning given the term in section #dgh4aa of title #bg1 ,code of ,federal ,regulations1 or any successor thereto2 and 7,b7 include an order by a court1 board1 commission1 or other lawful authority that a person1 in response to mental illness1 incompetency1 or marked subnormal intelligence1 be compelled to receive services-- 7i7 including counseling1 medication1 or testing to determine compliance with prescribed medications2 and 7ii7 not including testing for use of alcohol or for abuse of any controlled substance or other drug4 7#cg7 ,the term committed to a mental institution shall have the meaning given the term in section #dgh4aa of title #bg1 ,code of ,federal ,regulations1 or any successor thereto4 4 7b7 ,limitation ,an individual who has been adjudicated as a mental defective before the effective date described in section #bjc may not apply for relief from disability under section #aja7;c77#b7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 on the basis that the individual does not meet the requirements in section #iba7;a77#cf7 of title #ah1 ,united ,states ,code1 as added by subsection 7a74 7c7 ,,nics ,improvement ,amendments ,act of #bjjg ,section #c of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,mental health terms 7,a7 ,in general ,except as provided in subparagraph 7,b71 the terms adjudicated as a mental defective and committed to a mental institution shall have the meaning given the terms in section #iba7;a7 of title #ah1 ,united ,states ,code4 7,b7 ,exception ,for purposes of sections #ajb and #ajc1 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 #bjac until the end of the #b-year period beginning on such date of enactment4 4 #ajd4 ,clarification that ,federal court information is to be made available to the ,national ,instant ,criminal ,background ,check ,system ,section #ajc7;e77#a7 of the ,brady ,handgun ,violence ,protection ,act 7#ah ,u4,s4,c4 #ibb note71 as amended by section #ajb of this ,act1 is amended by adding at the end the following3 7,g7 ,application to ,federal courts ,in this paragraph-- 7i7 the terms department or agency of the ,united ,states and ,federal department or agency include a ,federal court2 and 7ii7 for purposes of any request1 submission1 or notification1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall perform the functions of the head of the department or agency4 4 ,,ii ,requiring a background check for every firearm sale #bja4 ,purpose ,the purpose of this title is to extend the ,brady ,law background check procedures to all sales and transfers of firearms4 #bjb4 ,firearms transfers 7a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #icb4 ,background checks for firearm transfers by unlicensed persons 7a7 ,definitions ,in this section-- 7#a7 the term unlicensed transferee means a person who-- 7,a7 is not licensed under this chapter2 and 7,b7 desires to received a firearm from an unlicensed transferor2 and 7#b7 the term unlicensed transferor means a person who-- 7,a7 is not licensed under this chapter2 and 7,b7 desires to transfer a firearm to an unlicensed transferee4 7b7 ,responsibilities of transferors other than licensees 7#a7 ,in general ,it shall be unlawful for an unlicensed transferor to transfer a firearm to an unlicensed transferee1 unless the firearm is transferred-- 7,a7 7i7 through a licensed dealer under subsection 7d72 7ii7 after inspecting a permit that confirms a background check under subsection 7f72 or 7iii7 in accordance with an exception described in subsection 7g72 and 7,b7 in accordance with paragraph 7#b74 7#b7 ,criminal background checks ,except as provided in subsection 7g71 an unlicensed transferor-- 7,a7 subject to subparagraph 7,b71 may not transfer a firearm to an unlicensed transferee until-- 7i7 the licensed dealer through which the transfer is made under subsection 7d7 makes a notification described in subsection 7d77#c77;,a72 or 7ii7 the unlicensed transferee has presented a permit that confirms that a background check has been conducted1 as described in subsection 7f72 and 7,b7 may not transfer a firearm to an unlicensed transferee if the licensed dealer through which the transfer is made under subsection 7d7 makes the notification described in subsection 7d77#c77;,b74 7#c7 ,absence of recordkeeping requirements ,nothing in this section shall permit or authorize the ,attorney ,general to impose recordkeeping requirements on any unlicensed transferor4 7c7 ,responsibilities of transferees other than licensees 7#a7 ,in general ,it shall be unlawful for an unlicensed transferee to receive a firearm from an unlicensed transferor1 unless the firearm is transferred-- 7,a7 7i7 through a licensed dealer under subsection 7d72 7ii7 after inspecting a permit that confirms a background check in accordance with subsection 7f72 or 7iii7 in accordance with an exception described in subsection 7g72 and 7,b7 in accordance with paragraph 7#b74 7#b7 ,criminal background checks ,except as provided in subsection 7f71 an unlicensed transferee-- 7,a7 subject to subparagraph 7,b71 may not receive a firearm from an unlicensed transferor until-- 7i7 the licensed dealer through which the transfer is made under subsection 7d7 makes a notification described in subsection 7d77#c77;,a72 or 7ii7 the unlicensed transferee has presented a permit that confirms that a background check described in subsection 7f7 has been conducted2 and 7,b7 may not receive a firearm from another unlicensed transferor if the licensed dealer through which the transfer is made under subsection 7d7 makes a notification described in subsection 7d77#c77;,b74 7d7 ,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-- 7#a7 enter such information about the firearm as the ,attorney ,general may require by regulation into a separate bound record2 7#b7 record the transfer on a form specified by the ,attorney ,general2 7#c7 comply with section #ibb7t7 as if transferring the firearm from the inventory of the licensed dealer to the unlicensed transferee 7except 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 #ibb7t7 in delivering the firearm to the unlicensed transferee7 and notify the unlicensed transferor and unlicensed transferee-- 7,a7 of such compliance2 and 7,b7 if the transfer is subject to the requirements of section #ibb7t77#a71 of any receipt by the licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section #ibb or ,state law2 7#d7 not later than #ca days after the date on which the transfer occurs1 submit to the ,attorney ,general a report of the transfer1 which-- 7,a7 shall be on a form specified by the ,attorney ,general by regulation2 and 7,b7 shall not include the name of or other identifying information relating to the unlicensed transferor or unlicensed transferee2 7#e7 if the licensed dealer assists an unlicensed transferor in transferring1 at the same time or during any #e consecutive business days1 #b or more pistols or revolvers1 or any combination of pistols and revolvers totaling #b or more1 to the same unlicensed transferee1 in addition to the reports required under paragraph 7#d71 prepare a report of the multiple transfers1 which shall-- 7,a7 be prepared on a form specified by the ,attorney ,general2 and 7,b7 not later than the close of business on the date on which the transfer requiring the report under this paragraph occurs1 be submitted to-- 7i7 the office specified on the form described in subparagraph 7,a72 and 7ii7 the appropriate ,state law enforcement agency of the jurisdiction in which the transfer occurs2 and 7#f7 retain a record of the transfer as part of the permanent business records of the licensed dealer4 7e7 ,purchase permits confirming background checks ,an unlicensed transferor may transfer a firearm to an unlicensed transferee if the unlicensed transferor verifies that-- 7#a7 the unlicensed transferee has presented to a licensed dealer a permit or license that allows the unlicensed transferee to possess1 acquire1 or carry a firearm1 and the licensed dealer has verified to the unlicensed transferor that the permit or license is valid2 7#b7 the permit or license was issued not more than #e years before the date on which the permit or license is presented under paragraph 7#a7 by a law enforcement agency in the ,state in which the transfer is to take place2 7#c7 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 ,federal1 ,state1 or local law2 and 7#d7 if the permit or license does not include a photograph of the unlicensed transferee1 the unlicensed transferor has examined a valid identification document 7as defined in section #ajbh7;d77 of the unlicensed transferee containing a photograph of the unlicensed transferee4 7f7 ,exceptions ,unless prohibited by any other provision of law1 subsections 7b7 and 7c7 shall not apply to any transfer of a firearm between an unlicensed transferor and unlicensed transferee1 if-- 7#a7 the transfer is a bona fide gift between immediate family members1 including spouses1 parents1 children1 siblings1 grandparents1 and grandchildren2 7#b7 the transfer occurs by operation of law1 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 will2 7#c7 the transfer is temporary and occurs while in the home of the unlicensed transferee1 if-- 7,a7 the unlicensed transferee is not otherwise prohibited from possessing firearms2 and 7,b7 the unlicensed transferee believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the unlicensed transferee2 7#d7 the transfer is approved by the ,attorney ,general under section #ehab of the ,internal ,revenue ,code of #aihf2 or 7#e7 upon application of the unlicensed transferor1 the ,attorney ,general determined that compliance with subsection 7b7 is impracticable because-- 7,a7 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 #j4jjbe2 7,b7 the location at which the transfer is to occur is extremely remote in relation to the chief law enforcement officer 7as defined in section #ibb7s77#h772 and 7,c7 there is an absence of telecommunications facilities in the geographical area in which the unlicensed transferor is located2 or 7#f7 the transfer is a temporary transfer of possession without transfer of title that takes place-- 7,a7 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 firearms2 7,b7 at a target firearm shooting competition under the auspices of or approved by a ,state agency or nonprofit organization2 or 7,c7 while hunting1 fishing1 or trapping1 if-- 7i7 the activity is legal in all places where the unlicensed transferee possesses the firearm2 and 7ii7 the unlicensed transferee holds any required license or permit4 7g7 ,processing fees ,a licensed dealer that processes the transfer of a firearm under this section may assess and collect a fee1 in an amount not to exceed #ae1 with respect to each firearm transfer processed4 4 7b7 ,penalties ,section #ibd7;a77#e7 of title #ah1 ,united ,states ,code1 is amended by inserting or section #icb after section #ibb4 7c7 ,conforming amendment ,the table of sections for chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #icb4 ,background checks for firearm transfers by unlicensed persons4 4 #bjc4 ,effective date ,the amendments made by this ,act shall take effect #ahj days after the date of enactment of this ,act4