,i #aacth ,,congress #ast ,session ,h4 ,r4 #afje ,,in ,,the ,,house ,,of ,,representatives ,april #ag1 #bjac ,mr4 ,larson of ,connecticut introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,veterans' ,affairs and ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to protect ,second ,amendment rights1 ensure that all individuals who should be prohibited from buying a firearm are listed in the ,national ,instant ,criminal ,background ,check ,system1 and provide a responsible and consistent background check process4 #a4 ,short title ,this ,act may be cited as the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjac4 #b4 ,findings ,congress finds the following3 7#a7 ,congress supports1 respects1 and defends the fundamental1 individual right to keep and bear arms guaranteed by the ,second ,amendment to the ,constitution of the ,united ,states4 7#b7 ,congress supports and reaffirms the existing prohibition on a national firearms registry4 7#c7 ,congress believes the ,department of ,justice should prosecute violations of background check requirements to the maximum extent of the law4 7#d7 ,there are deficits in the background check system in existence prior to 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 records1 including mental health records4 7#e7 ,congress and the citizens of the ,united ,states agree that in order to promote safe and responsible gun ownership1 dangerous criminals and the seriously mentally ill should be prohibited from possessing firearms2 therefore1 it should be incumbent upon all citizens to ensure weapons are not being transferred to such people4 #c4 ,rule of construction ,nothing in this ,act1 or any amendment made by this ,act1 shall be construed to-- 7#a7 expand in any way the enforcement authority or jurisdiction of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives2 or 7#b7 allow the establishment1 directly or indirectly1 of a ,federal firearms registry4 #d4 ,severability ,if any provision of this ,act or an amendment made by this ,act1 or the application of a provision or amendment to any person or circumstance1 is held to be invalid for any reason in any court of competent jurisdiction1 the remainder of this ,act and amendments made by this ,act1 and the application of the provisions and amendment to any other person or circumstance1 shall not be affected4 ,i ,ensuring that all individuals who should be prohibited from buying a gun are listed in the ,national ,instant ,criminal ,background ,check ,system #aja4 ,reauthorization of the ,national ,criminal ,history ,records ,improvement ,program ,section #ajf7;b7 of ,public ,law #ajc-aei 7#ah ,u4,s4,c4 #ibb note7 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking of this ,act and inserting of the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjac2 and 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,authorization of appropriations ,there are authorized to be appropriated for grants under this subsection #ajj1jjj1jjj for each of fiscal years #bjad through #bjag4 4 #ajb4 ,improvement of metrics and incentives ,section #ajb7;b7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 is amended to read as follows3 7b7 ,implementation plan 7#a7 ,in general ,not later than #a year after the date of enactment of the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjac1 the ,attorney ,general1 in coordination with the ,states1 shall establish for each ,state or ,indian tribal government desiring a grant under section #ajc a #d-year implementation plan to ensure maximum coordination and automation of the reporting of records or making records available to the ,national ,instant ,criminal ,background ,check ,system4 7#b7 ,benchmark requirements ,each #d-year plan established under paragraph 7#a7 shall include annual benchmarks1 including both qualitative goals and quantitative measures1 to assess implementation of the #d-year plan4 7#c7 ,penalties for non-compliance 7,a7 ,in general ,during the #d-year period covered by a #d-year plan established under paragraph 7#a71 the ,attorney ,general shall withhold-- 7i7 #aj 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 does not meet the benchmark established under paragraph 7#b7 for the first year in the #d-year period2 7ii7 #aa 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 does not meet the benchmark established under paragraph 7#b7 for the second year in the #d-year period2 7iii7 #ac 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 does not meet the benchmark established under paragraph 7#b7 for the third year in the #d-year period2 and 7iv7 #ae 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 does not meet the benchmark established under paragraph 7#b7 for the fourth year in the #d-year period4 7,b7 ,failure to establish a plan ,a ,state that fails to establish a plan under paragraph 7#a7 shall be treated as having not met any benchmark established under paragraph 7#b74 4 #ajc4 ,grants to ,states for improvement of coordination and automation of ,,nics record reporting 7a7 ,in general ,the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 is amended-- 7#a7 by striking section #ajc and inserting the following3 #ajc4 ,grants to ,states for improvement of coordination and automation of ,,nics record reporting 7a7 ,authorization ,from amounts made available to carry out this section1 the ,attorney ,general shall make grants to ,states1 ,indian ,tribal governments1 and ,state court systems1 in a manner consistent with the ,national ,criminal ,history ,improvement ,program and consistent with ,state plans for integration1 automation1 and accessibility of criminal history records1 for use by the ,state1 or units of local government of the ,state1 ,indian ,tribal government1 or ,state court system to improve the automation and transmittal of mental health records and criminal history dispositions1 records relevant to determining whether a person has been convicted of a misdemeanor crime of domestic violence1 court orders1 and mental health adjudications or commitments to ,federal and ,state record repositories in accordance with section #ajb and the ,national ,criminal ,history ,improvement ,program4 7b7 ,use of grant amounts ,grants awarded to ,states1 ,indian ,tribal governments1 or ,state court systems under this section may only be used to-- 7#a7 carry out1 as necessary1 assessments of the capabilities of the courts of the ,state or ,indian ,tribal government for the automation and transmission of arrest and conviction records1 court orders1 and mental health adjudications or commitments to ,federal and ,state record repositories2 7#b7 implement policies1 systems1 and procedures for the automation and transmission of arrest and conviction records1 court orders1 and mental health adjudications or commitments to ,federal and ,state record repositories2 7#c7 create electronic systems that provide accurate and up-to-date information which is directly related to checks under the ,national ,instant ,criminal ,background ,check ,system1 including court disposition and corrections records2 7#d7 assist ,states or ,indian ,tribal governments in establishing or enhancing their own capacities to perform background checks using the ,national ,instant ,criminal ,background ,check ,system2 and 7#e7 develop and maintain the relief from disabilities program in accordance with section #aje4 7c7 ,eligibility 7#a7 ,in general ,to be eligible for a grant under this section1 a ,state1 ,indian ,tribal government1 or ,state court system shall certify1 to the satisfaction of the ,attorney ,general1 that the ,state1 ,indian ,tribal government1 or ,state court system-- 7,a7 is not prohibited by ,state law or court order from submitting mental health records to the ,national ,instant ,criminal ,background ,check ,system2 and 7,b7 subject to paragraph 7#b71 has implemented a relief from disabilities program in accordance with section #aje4 7#b7 ,relief from disabilities program ,for purposes of obtaining a grant under this section1 a ,state1 ,indian ,tribal government1 or ,state court system shall not be required to meet the eligibility requirement described in paragraph 7#a77;,b7 until the date that is #b years after the date of enactment of the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjac4 7d7 ,federal share 7#a7 ,studies1 assessments1 non-material activities ,the ,federal share of a study1 assessment1 creation of a task force1 or other non-material activity1 as determined by the ,attorney ,general1 carried out with a grant under this section shall be not more than #be percent4 7#b7 ,infrastructure or system development ,the ,federal share of an activity involving infrastructure or system development1 including labor-related costs1 for the purpose of improving ,state or ,indian ,tribal government record reporting to the ,national ,instant ,criminal ,background ,check ,system carried out with a grant under this section may amount to #ajj percent of the cost of the activity4 7e7 ,grants to indian tribes ,up to #e percent of the grant funding available under this section may be reserved for ,indian tribal governments for use by ,indian tribal judicial systems4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #ajj1jjj1jjj for each of fiscal years #bjad through #bjag4 2 7#b7 by striking title ,,iii2 and 7#c7 in section #dja7;b71 by inserting after of this ,act the following3 and #ah months after the date of enactment of the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjac4 7b7 ,technical and conforming amendment ,the table of sections in section #a7;b7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 is amended by striking the item relating to section #ajc and inserting the following3 ,sec4 #ajc4 ,grants to ,states for improvement of coordination and automation of ,,nics record reporting4 4 #ajd4 ,relief from disabilities program ,section #aje of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 is amended by adding at the end the following3 7c7 ,penalties for non-,compliance 7#a7 #aj percent reduction ,during the #a-year period beginning #b years after the date of enactment of the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjac1 the ,attorney ,general shall withhold #aj 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 has not implemented a relief from disabilities program in accordance with this section4 7#b7 #aa percent reduction ,during the #a-year period after the expiration of the period described in paragraph 7#a71 the ,attorney ,general shall withhold #aa 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 has not implemented a relief from disabilities program in accordance with this section4 7#c7 #ac percent reduction ,during the #a-year period after the expiration of the period described in paragraph 7#b71 the ,attorney ,general shall withhold #ac 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 has not implemented a relief from disabilities program in accordance with this section4 7#d7 #ae percent reduction ,after the expiration of the #a-year period described in paragraph 7#c71 the ,attorney ,general shall withhold #ae 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 has not implemented a relief from disabilities program in accordance with this section4 4 #aje4 ,additional protections for our veterans 7a7 ,in general ,chapter #ee of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #eeaa4 ,conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes 7a7 ,in general ,in any case arising out of the administration by the ,secretary of laws and benefits under this title1 a person who is determined by the ,secretary to be mentally incompetent shall not be considered adjudicated pursuant to subsection 7d77#d7 or 7g77#d7 of section #ibb of title #ah until-- 7#a7 in the case in which the person does not request a review as described in subsection 7c77#a71 the end of the #cj-;day period beginning on the date on which the person receives notice submitted under subsection 7b72 or 7#b7 in the case in which the person requests a review as described in paragraph 7#a7 of subsection 7c71 upon an assessment by the board designated or established under paragraph 7#b7 of such subsection or court of competent jurisdiction that a person cannot safely use1 carry1 possess1 or store a firearm due to mental incompetency4 7b7 ,notice ,notice submitted under this subsection to a person described in subsection 7a7 is notice submitted by the ,secretary that notifies the person of the following3 7#a7 ,the determination made by the ,secretary4 7#b7 ,a description of the implications of being considered adjudicated as a mental defective under subsection 7d77#d7 or 7g77#d7 of section #ibb of title #ah4 7#c7 ,the person's right to request a review under subsection 7c77#a74 7c7 ,administrative review 7#a7 ,not later than #cj days after the date on which a person described in subsection 7a7 receives notice submitted under subsection 7b71 such person may request a review by the board designed or established under paragraph 7#b7 or a court of competent jurisdiction to assess whether a person cannot safely use1 carry1 possess1 or store a firearm due to mental incompetency4 ,in such assessment1 the board may consider the person's honorable discharge or decoration4 7#b7 ,not later than #ahj days after the date of enactment of the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjac1 the ,secretary shall designate or establish a board that shall1 upon request of a person under paragraph 7#a71 assess whether a person cannot safely use1 carry1 possess1 or store a firearm due to mental incompetency4 7d7 ,judicial review ,not later than #cj days after the date of an assessment of a person under subsection 7c7 by the board designated or established under paragraph 7#b7 of such subsection1 such person may file a petition for judicial review of such assessment with a ,federal court of competent jurisdiction4 7e7 ,protecting rights of veterans with existing records ,not later than #ij days after the date of enactment of the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjac1 the ,secretary shall provide written notice of the opportunity for administrative review and appeal under subsection 7c7 to all persons who1 on the date of enactment of the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjac1 are considered adjudicated pursuant to subsection 7d77#d7 or 7g77#d7 of section #ibb of title #ah as a result of having been found by the ,department of ,veterans ,affairs to be mentally incompetent4 7f7 ,future determinations 7#a7 ,in general ,not later than #ahj days after the enactment of the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjac1 the ,secretary shall review the policies and procedures by which individuals are determined to be mentally incompetent1 and shall revise such policies and procedures as necessary to ensure that any individual who is competent to manage his own financial affairs1 including his receipt of ,federal benefits1 but who voluntarily turns over the management thereof to a fiduciary is not considered adjudicated pursuant to subsection 7d77#d7 or 7g77#d7 of section #ibb of title #ah4 7#b7 ,report ,not later than #cj days after the ,secretary has made the review and changes required under paragraph 7#a71 the ,secretary shall submit to ,congress a report detailing the results of the review and any resulting policy and procedural changes4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #ee of such title is amended by adding at the end the following new item3 #eeaa4 ,conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes4 4 7c7 ,applicability ,section #eeaa of title #ch1 ,united ,states ,code 7as added by this section71 shall apply only with respect to persons who are determined by the ,secretary of ,veterans ,affairs1 on or after the date of the enactment of this ,act1 to be mentally incompetent1 except that those persons who are provided notice pursuant to section #eeaa7;e7 of such title shall be entitled to use the administrative review under section #eeaa7;c7 of such title and1 as necessary1 the subsequent judicial review under section #eeaa7;d7 of such title4 #ajf4 ,clarification that ,federal court information is to be made available to the ,national ,instant ,criminal ,background ,check ,system ,section #ajc7;e77#a7 of ,public ,law #ajc-aei 7#ah ,u4,s4,c4 #ibb note71 is amended by adding at the end the following3 7,f7 ,application to federal courts ,in this subsection-- 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 #ajg4 ,clarification that submission of mental health records to the ,national ,instant ,criminal ,background ,check ,system is not prohibited by the ,health ,insurance ,portability and ,accountability ,act ,information collected under section #ajb7;c77#c7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 to assist the ,attorney ,general in enforcing section #ibb7;g77#d7 of title #ah1 ,united ,states ,code1 shall not be subject to the regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;d-#b note74 #ajh4 ,publication of ,,nics index statistics ,not later than #ahj days after the date of enactment of this ,act1 and biannually thereafter1 the ,attorney ,general shall make the ,national ,instant ,criminal ,background ,check ,system index statistics available on a publically accessible ,internet website4 #aji4 ,effective date ,the amendments made by this title shall take effect #ahj days after the date of enactment of this ,act4 ,,ii ,providing a ,responsible and ,consistent ,background ,check ,process #bja4 ,purpose ,the purpose of this title is to enhance the current background check process in the ,united ,states to ensure criminals and the mentally ill are not able to purchase firearms4 #bjb4 ,firearms transfers 7a7 ,in general ,section #ibb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by repealing subsection 7s72 7#b7 by redesignating subsection 7t7 as subsection 7s72 7#c7 in subsection 7s71 as redesignated-- 7,a7 in paragraph 7#a77;,b7-- 7i7 in clause 7i71 by striking or2 7ii7 in clause 7ii71 by striking and at the end2 and 7iii7 by adding at the end the following3 7iii7 in the case of an instant background check conducted at a gun show or event during the #d-year period beginning on the effective date under section #baj7;a7 of the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjac1 #dh hours have elapsed since the licensee contacted the system1 and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection 7g7 or 7n7 of this section2 or 7iv7 in the case of an instant background check conducted at a gun show or event after the #d-year period described in clause 7iii71 #bd hours have elapsed since the licensee contacted the system1 and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection 7g7 or 7n7 of this section2 and 2 7,b7 in paragraph 7#c77;,c77ii71 by striking 7as defined in subsection 7s77#h772 and 7,c7 by adding at the end the following3 7#g7 ,in this subsection-- 7,a7 the term chief law enforcement officer means the chief of police1 the sheriff1 or an equivalent officer or the designee of any such individual2 and 7,b7 the term gun show or event has the meaning given the term in subsection 7t77#g74 7#h7 ,the ,federal ,bureau of ,investigation shall not charge a user fee for a background check conducted pursuant to this subsection4 7#i7 ,notwithstanding any other provision of this chapter1 upon receiving a request for an instant background check that originates from a gun show or event1 the system shall complete the instant background check before completing any pending instant background check that did not originate from a gun show or event4 2 and 7#d7 by inserting after subsection 7s71 as redesignated1 the following3 7t7 7#a7 ,beginning on the date that is #ahj days after the date of enactment of this subsection and except as provided in paragraph 7#b71 it shall be unlawful for any person other than a licensed dealer1 licensed manufacturer1 or licensed importer to complete the transfer of a firearm to any other person who is not licensed under this chapter1 if such transfer occurs-- 7,a7 at a gun show or event1 on the curtilage thereof2 or 7,b7 pursuant to an advertisement1 posting1 display or other listing on the ,internet or in a publication by the transferor of his intent to transfer1 or the transferee of his intent to acquire1 the firearm4 7#b7 ,paragraph 7#a7 shall not apply if-- 7,a7 the transfer is made after a licensed importer1 licensed manufacturer1 or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection 7s71 and upon taking possession of the firearm1 the licensee-- 7i7 complies with all requirements of this chapter as if the licensee were transferring the firearm from the licensee's business inventory to the unlicensed transferee1 except that when processing a transfer under this chapter the licensee may accept in lieu of conducting a background check a valid permit issued within the previous #e years by a ,state1 or a political subdivision of a ,state1 that allows the transferee to possess1 acquire1 or carry a firearm1 if the law of the ,state1 or political subdivision of a ,state1 that issued the permit requires that such permit is issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by the unlicensed transferee would be in violation of ,federal1 ,state1 or local law2 7,b7 the transfer is made between an unlicensed transferor and an unlicensed transferee residing in the same ,state1 which takes place in such ,state1 if-- 7i7 the ,attorney ,general certifies that ,state in which the transfer takes place has in effect requirements under law that are generally equivalent to the requirements of this section2 and 7ii7 the transfer was conducted in compliance with the laws of the ,state2 7,c7 the transfer is made between spouses1 between parents or spouses of parents and their children or spouses of their children1 between siblings or spouses of siblings1 or between grandparents or spouses of grandparents and their grandchildren or spouses of their grandchildren1 or between aunts or uncles or their spouses and their nieces or nephews or their spouses1 or between first cousins1 if the transferor does not know or have reasonable cause to believe that the transferee is prohibited from receiving or possessing a firearm under ,federal1 ,state1 or local law2 or 7,d7 the ,attorney ,general has approved the transfer under section #ehab of the ,internal ,revenue ,code of #aihf4 7#c7 ,a licensed importer1 licensed manufacturer1 or licensed dealer who processes a transfer of a firearm authorized under paragraph 7#b77;,a7 shall not be subject to a license revocation or license denial based solely upon a violation of those paragraphs1 or a violation of the rules or regulations promulgated under this paragraph1 unless the licensed importer1 licensed manufacturer1 or licensed dealer-- 7,a7 knows or has reasonable cause to believe that the information provided for purposes of identifying the transferor1 transferee1 or the firearm is false2 7,b7 knows or has reasonable cause to believe that the transferee is prohibited from purchasing1 receiving1 or possessing a firearm by ,federal or ,state law1 or published ordinance2 or 7,c7 knowingly violates any other provision of this chapter1 or the rules or regulations promulgated thereunder4 7#d7 7,a7 ,notwithstanding any other provision of this chapter1 except for section #ibc7m71 the ,attorney ,general may implement this subsection with regulations4 7,b7 ,regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph 7#b77;,a74 7,c7 ,regulations promulgated under this paragraph may not include any provision requiring persons not licensed under this chapter to keep records of background checks or firearms transfers4 7,d7 ,regulations promulgated under this paragraph may not include any provision placing a cap on the fee licensees may charge to facilitate transfers in accordance with paragraph 7#b77;,a74 7#e7 7,a7 ,a person other than a licensed importer1 licensed manufacturer1 or licensed dealer1 who makes a transfer of a firearm in accordance with this section1 or who is the organizer of a gun show or event at which such transfer occurs1 shall be immune from a qualified civil liability action relating to the transfer of the firearm as if the person were a seller of a qualified product4 7,b7 ,a provider of an interactive computer service shall be immune from a qualified civil liability action relating to the transfer of a firearm as if the provider of an interactive computer service were a seller of a qualified product4 7,c7 ,in this paragraph-- 7i7 the term interactive computer service shall have the meaning given the term in section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f772 and 7ii7 the terms qualified civil liability action1 qualified product1 and seller shall have the meanings given the terms in section #d of the ,protection of ,lawful ,commerce in ,arms ,act 7#ae ,u4,s4,c4 #gijc74 7,d7 ,nothing in this paragraph shall be construed to affect the immunity of a provider of an interactive computer service under section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj74 7#f7 ,in any civil liability action in any ,state or ,federal court arising from the criminal or unlawful use of a firearm following a transfer of such firearm for which no background check was required under this section1 this section shall not be construed-- 7,a7 as creating a cause of action for any civil liability2 or 7,b7 as establishing any standard of care4 7#g7 ,for purposes of this subsection1 the term gun show or event-- 7,a7 means any event at which #ge or more firearms are offered or exhibited for sale1 exchange1 or transfer1 if #a or more of the firearms has been shipped or transported in1 or otherwise affects1 interstate or foreign commerce2 and 7,b7 does not include an offer or exhibit of firearms for sale1 exchange1 or transfer by an individual from the personal collection of that individual1 at the private residence of that individual1 if the individual is not required to be licensed under section #ibc4 4 7b7 ,prohibiting the seizure of records or documents ,section #ibc7;g77#a77;,d7 is amended by striking1 ,the inspection and examination authorized by this paragraph shall not be construed as authorizing the ,attorney ,general to seize any records or other documents other than those records or documents constituting material evidence of a violation of law1 and inserting the following3 ,the ,attorney ,general shall be prohibited from seizing any records or other documents in the course of an inspection or examination authorized by this paragraph other than those records or documents constituting material evidence of a violation of law44 7c7 ,prohibition of national gun registry ,section #ibc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7m7 ,the ,attorney ,general may not consolidate or centralize the records of the-- 7#a7 acquisition or disposition of firearms1 or any portion thereof1 maintained by-- 7,a7 a person with a valid1 current license under this chapter2 7,b7 an unlicensed transferor under section #ibb7t72 or 7#b7 possession or ownership of a firearm1 maintained by any medical or health insurance entity4 4 7d7 ,technical and conforming amendments 7#a7 ,section #ibb ,section #ibb7y77#b7 of title #ah1 ,united ,states ,code1 is amended1 in the matter preceding subparagraph 7,a71 by striking 1 7g77#e77;,b71 and 7s77#c77;,b77v77,,ii7 and inserting and 7g77#e77;,b74 7#b7 ,consolidated and ,further ,continuing ,appropriations ,act1 #bjab ,section #eaa of title ,v of division ,b of the ,consolidated and ,further ,continuing ,appropriations ,act1 #bjab 7#ah ,u4,s4,c4 #ibb note7 is amended by striking subsection #ibb7t7 and inserting subsection 7s7 or 7t7 of section #ibb each place it appears4 #bjc4 ,penalties ,section #ibd of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#h7 ,whoever makes or attempts to make a transfer of a firearm in violation of section #ibb7t7 to a person not licensed under this chapter who is prohibited from receiving a firearm under subsection 7g7 or 7n7 of section #ibb or ,state law1 to a law enforcement officer1 or to a person acting at the direction of1 or with the approval of1 a law enforcement officer authorized to investigate or prosecute violations of section #ibb7t71 shall be fined under this title1 imprisoned not more than #e years1 or both4 2 and 7#b7 by adding at the end the following3 7q7 ,improper use of storage of records ,any person who knowingly violates section #ibc7m7 shall be fined under this title1 imprisoned not more than #ae years1 or both4 4 #bjd4 ,firearms dispositions ,section #ibb7;b77#c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking located and inserting located or temporarily located2 and 7#b7 in subparagraph 7,a7-- 7,a7 by striking rifle or shotgun and inserting firearm2 7,b7 by striking located and inserting located or temporarily located2 and 7,c7 by striking both such ,states and inserting the ,state in which the transfer is conducted and the ,state of residence of the transferee4 #bje4 ,firearm dealer access to law enforcement information ,section #ajc7;b7 of ,public ,law #ajc-aei 7#ah ,u4,s4,c4 #ibb note71 is amended-- 7#a7 by striking ,not later than and inserting the following3 7#a7 ,in general ,not later than 2 and 7#b7 by adding at the end the following3 7#b7 ,voluntary background checks ,not later than #ij days after the date of enactment of the ,public ,safety and ,second ,amendment ,rights ,protection ,act of #bjac1 the ,attorney ,general shall promulgate regulations allowing licensees to use the ,national ,instant ,criminal ,background ,check ,system established under this section for purposes of conducting voluntary preemployment background checks on prospective employees4 4 #bjf4 ,dealer location ,section #ibc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7j7-- 7,a7 in the first sentence1 by striking 1 and such location is in the ,state which is specified on the license2 and 7,b7 in the last sentence-- 7i7 by inserting transfer1 after sell12 and 7ii7 by striking ,act1 and all that follows and inserting ,act42 and 7#b7 by adding after subsection 7m71 as added by section #bjb7;c71 the following3 7n7 ,nothing in this chapter shall be construed to prohibit the sale1 transfer1 delivery1 or other disposition of a firearm or ammunition not otherwise prohibited under this chapter-- 7#a7 by a person licensed under this chapter to another person so licensed1 at any location in any ,state2 or 7#b7 by a licensed importer1 licensed manufacturer1 or licensed dealer to a person not licensed under this chapter1 at a temporary location described in subsection 7j7 in any ,state4 4 #bjg4 ,residence of ,united ,states officers ,section #iba of title #ah1 ,united ,states ,code1 is amended by striking subsection 7b7 and inserting the following3 7b7 ,for purposes of this chapter3 7#a7 ,a member of the ,armed ,forces on active duty1 or a spouse of such a member1 is a resident of-- 7,a7 the ,state in which the member or spouse maintains legal residence2 7,b7 the ,state in which the permanent duty station of the member is located2 and 7,c7 the ,state in which the member maintains a place of abode from which the member commutes each day to the permanent duty station of the member4 7#b7 ,an officer or employee of the ,united ,states 7other than a member of the ,armed ,forces7 who is stationed outside the ,united ,states for a period of more than #a year1 and a spouse of such an officer or employee1 is a resident of the ,state in which the person maintains legal residence4 4 #bjh4 ,interstate transportation of firearms or ammunition 7a7 ,in general ,section #ibf;,a of title #ah1 ,united ,states ,code1 is amended to read as follows3 #ibf;,a4 ,interstate transportation of firearms or ammunition 7a7 ,definition ,in this section1 the term transport-- 7#a7 includes staying in temporary lodging overnight1 stopping for food1 fuel1 vehicle maintenance1 an emergency1 medical treatment1 and any other activity incidental to the transport2 and 7#b7 does not include transportation-- 7,a7 with the intent to commit a crime punishable by imprisonment for a term exceeding #a year that involves a firearm2 or 7,b7 with knowledge1 or reasonable cause to believe1 that a crime described in subparagraph 7,a7 is to be committed in the course of1 or arising from1 the transportation4 7b7 ,authorization ,notwithstanding any provision of any law 7including a rule or regulation7 of a ,state or any political subdivision thereof1 a person who is not prohibited by this chapter from possessing1 transporting1 shipping1 or receiving a firearm or ammunition shall be entitled to-- 7#a7 transport a firearm for any lawful purpose from any place where the person may lawfully possess1 carry1 or transport the firearm to any other such place if1 during the transportation-- 7,a7 the firearm is unloaded2 and 7,b7 7i7 if the transportation is by motor vehicle-- 7,i7 the firearm is not directly accessible from the passenger compartment of the motor vehicle2 or 7,,ii7 if the motor vehicle is without a compartment separate from the passenger compartment1 the firearm is-- 7aa7 in a locked container other than the glove compartment or console2 or 7bb7 secured by a secure gun storage or safety device2 or 7ii7 if the transportation is by other means1 the firearm is in a locked container or secured by a secure gun storage or safety device2 and 7#b7 transport ammunition for any lawful purpose from any place where the person may lawfully possess1 carry1 or transport the ammunition1 to any other such place if1 during the transportation-- 7,a7 the ammunition is not loaded into a firearm2 and 7,b7 7i7 if the transportation is by motor vehicle-- 7,i7 the ammunition is not directly accessible from the passenger compartment of the motor vehicle2 or 7,,ii7 if the motor vehicle is without a compartment separate from the passenger compartment1 the ammunition is in a locked container other than the glove compartment or console2 or 7ii7 if the transportation is by other means1 the ammunition is in a locked container4 7c7 ,limitation on arrest authority ,a person who is transporting a firearm or ammunition may not be-- 7#a7 arrested for violation of any law or any rule or regulation of a ,state1 or any political subdivision thereof1 relating to the possession1 transportation1 or carrying of firearms or ammunition1 unless there is probable cause that the transportation is not in accordance with subsection 7b72 or 7#b7 detained for violation of any law or any rule or regulation of a ,state1 or any political subdivision thereof1 relating to the possession1 transportation1 or carrying of firearms or ammunition1 unless there is reasonable suspicion that the transportation is not in accordance with subsection 7b74 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #dd of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #ibf;,a and inserting the following3 #ibf;,a4 ,interstate transportation of firearms or ammunition4 4 #bji4 ,rule of construction ,nothing in this title1 or an amendment made by this title1 shall be construed-- 7#a7 to extend background check requirements to transfers other than those made at gun shows or on the curtilage thereof1 or pursuant to an advertisement1 posting1 display1 or other listing on the ,internet or in a publication by the transferor of the intent of the transferor to transfer1 or the transferee of the intent of the transferee to acquire1 the firearm2 or 7#b7 to extend background check requirements to temporary transfers for purposes including lawful hunting or sporting or to temporary possession of a firearm for purposes of examination or evaluation by a prospective transferee4 #baj4 ,effective date 7a7 ,in general ,except as provided in subsection 7b71 this title and the amendments made by this title shall take effect #ahj days after the date of enactment of this ,act4 7b7 ,firearm dealer access to law enforcement information ,section #bje and the amendments made by section #bje shall take effect on the date of enactment of this ,act4 ,,iii ,national ,commission on ,mass ,violence #cja4 ,short title ,this title may be cited as the ,national ,commission on ,mass ,violence ,act of #bjac4 #cjb4 ,national ,commission on ,mass ,violence 7a7 ,establishment of commission ,there is established a commission to be known as the ,national ,commission on ,mass ,violence 7in this title referred to as the ,commission7 to study the availability and nature of firearms1 including the means of acquiring firearms1 issues relating to mental health1 and all positive and negative impacts of the availability and nature of firearms on incidents of mass violence or in preventing mass violence4 7b7 ,membership 7#a7 ,appointments ,the ,commission shall be composed of #ab members1 of whom-- 7,a7 #f members of the ,commission shall be appointed by the ,majority ,leader of the ,senate1 in consultation with the ,democratic leadership of the ,house of ,representatives1 #a of whom shall serve as ,chairman of the ,commission2 and 7,b7 #f members of the ,commission shall be appointed by the ,speaker of the ,house of ,representatives1 in consultation with the ,republican leadership of the ,senate1 #a of whom shall serve as ,vice ,chairman of the ,commission4 7#b7 ,persons eligible 7,a7 ,in general ,the members appointed to the ,commission shall include-- 7i7 well-known and respected individuals among their peers in their respective fields of expertise2 and 7ii7 not less than #a non-elected individual from each of the following categories1 who has expertise in the category1 by both experience and training3 7,i7 ,firearms4 7,,ii7 ,mental health4 7,,iii7 ,school safety4 7,,iv7 ,mass media4 7,b7 ,experts ,in identifying the individuals to serve on the ,commission1 the appointing authorities shall take special care to identify experts in the fields described in section #cjc7;a77#b74 7,c7 ,party affiliation ,not more than #f members of the ,commission shall be from the same political party4 7#c7 ,completion of appointments2 vacancies ,not later than #cj days after the date of enactment of this ,act1 the appointing authorities under paragraph 7#a7 shall each make their respective appointments4 ,any vacancy that occurs during the life of the ,commission shall not affect the powers of the ,commission1 and shall be filled in the same manner as the original appointment not later than #cj days after the vacancy occurs4 7#d7 ,operation of the commission 7,a7 ,meetings 7i7 ,in general ,the ,commission shall meet at the call of the ,chairman4 7ii7 ,initial meeting ,the initial meeting of the ,commission shall be conducted not later than #cj days after the later of-- 7,i7 the date of the appointment of the last member of the ,commission2 or 7,,ii7 the date on which appropriated funds are available for the ,commission4 7,b7 ,quorum2 vacancies2 voting2 rules ,a majority of the members of the ,commission shall constitute a quorum to conduct business1 but the ,commission may establish a lesser quorum for conducting hearings scheduled by the ,commission4 ,each member of the ,commission shall have #a vote1 and the vote of each member shall be accorded the same weight4 ,the ,commission may establish by majority vote any other rules for the conduct of the ,commission's business1 if such rules are not inconsistent with this title or other applicable law4 #cjc4 ,duties of the ,commission 7a7 ,study 7#a7 ,in general ,it shall be the duty of the ,commission to conduct a comprehensive factual study of incidents of mass violence1 including incidents of mass violence not involving firearms1 in the context of the many acts of senseless mass violence that occur in the ,united ,states each year1 in order to determine the root causes of such mass violence4 7#b7 ,matters to be studied ,in determining the root causes of these recurring and tragic acts of mass violence1 the ,commission shall study any matter that the ,commission determines relevant to meeting the requirements of paragraph 7#a71 including at a minimum-- 7,a7 the role of schools1 including the level of involvement and awareness of teachers and school administrators in the lives of their students and the availability of mental health and other resources and strategies to help detect and counter tendencies of students towards mass violence2 7,b7 the effectiveness of and resources available for school security strategies to prevent incidents of mass violence2 7,c7 the role of families and the availability of mental health and other resources and strategies to help families detect and counter tendencies toward mass violence2 7,d7 the effectiveness and use of1 and resources available to1 the mental health system in understanding1 detecting1 and countering tendencies toward mass violence1 as well as the effects of treatments and therapies2 7,e7 whether medical doctors and other mental health professionals have the ability1 without negative legal or professional consequences1 to notify law enforcement officials when a patient is a danger to himself or others2 7,f7 the nature and impact of the alienation of the perpetrators of such incidents of mass violence from their schools1 families1 peer groups1 and places of work2 7,g7 the role that domestic violence plays in causing incidents of mass violence2 7,h7 the effect of depictions of mass violence in the media1 and any impact of such depictions on incidents of mass violence2 7,i7 the availability and nature of firearms1 including the means of acquiring such firearms1 and all positive and negative impacts of such availability and nature on incidents of mass violence or in preventing mass violence2 7,j7 the role of current prosecution rates in contributing to the availability of weapons that are used in mass violence2 7,k7 the availability of information regarding the construction of weapons1 including explosive devices1 and any impact of such information on such incidents of mass violence2 7,l7 the views of law enforcement officials1 religious leaders1 mental health experts1 and other relevant officials on the root causes and prevention of mass violence2 7,m7 incidents in which firearms were used to stop mass violence2 and 7,n7 any other area that the ,commission determines contributes to the causes of mass violence4 7#c7 ,testimony of victims and survivors ,in determining the root causes of these recurring and tragic incidents of mass violence1 the ,commission shall1 in accordance with section #cjd7;a71 take the testimony of victims and survivors to learn and memorialize their views and experiences regarding such incidents of mass violence4 7b7 ,recommendations ,based on the findings of the study required under subsection 7a71 the ,commission shall make recommendations to the ,president and ,congress to address the causes of these recurring and tragic incidents of mass violence and to reduce such incidents of mass violence4 7c7 ,reports 7#a7 ,interim report ,not later than #c months after the date on which the ,commission first meets1 the ,commission shall submit to the ,president and ,congress an interim report describing any initial recommendations of the ,commission4 7#b7 ,final report ,not later than #f months after the date on which the ,commission first meets1 the ,commission shall submit to the ,president and ,congress a comprehensive report of the findings and conclusions of the ,commission1 together with the recommendations of the ,commission4 7#c7 ,summaries ,the report under paragraph 7#b7 shall include a summary of-- 7,a7 the reports submitted to the ,commission by any entity under contract for research under section #cjd7;e72 and 7,b7 any other material relied on by the ,commission in the preparation of the report4 #cjd4 ,powers of the ,commission 7a7 ,hearings 7#a7 ,in general ,the ,commission may hold such hearings1 sit and act at such times and places1 administer such oaths1 take such testimony1 and receive such evidence as the ,commission considers advisable to carry out its duties under section #adc4 7#b7 ,witness expenses ,witnesses requested to appear before the ,commission shall be paid the same fees as are paid to witnesses under section #ahba of title #bh1 ,united ,states ,code4 7b7 ,information from ,federal agencies ,the ,commission may secure directly from any ,federal agency such information as the ,commission considers necessary to carry out its duties under section #adc4 ,upon the request of the ,commission1 the head of such agency may furnish such information to the ,commission4 7c7 ,information ,to be kept confidential 7#a7 ,in general ,the ,commission shall be considered an agency of the ,federal ,government for purposes of section #aije of title #ah1 ,united ,states ,code1 and any individual employed by any individual or entity under contract with the ,commission under subsection 7d7 shall be considered an employee of the ,commission for the purposes of section #aije of title #ah1 ,united ,states ,code4 7#b7 ,disclosure ,information obtained by the ,commission or the ,attorney ,general under this title and shared with the ,commission1 other than information available to the public1 shall not be disclosed to any person in any manner1 except-- 7,a7 to ,commission employees or employees of any individual or entity under contract to the ,commission under subsection 7d7 for the purpose of receiving1 reviewing1 or processing such information2 7,b7 upon court order2 or 7,c7 when publicly released by the ,commission in an aggregate or summary form that does not directly or indirectly disclose-- 7i7 the identity of any person or business entity2 or 7ii7 any information which could not be released under section #aije of title #ah1 ,united ,states ,code4 7d7 ,contracting for research ,the ,commission may enter into contracts with any entity for research necessary to carry out the duties of the ,commission under section #cjc4 #cje4 ,commission personnel matters 7a7 ,compensation of members ,each member of the ,commission who is not an officer or employee of the ,federal ,government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which such member is engaged in the performance of the duties of the ,commission4 ,all members of the ,commission who are officers or employees of the ,united ,states shall serve without compensation in addition to that received for their services as officers or employees of the ,united ,states4 7b7 ,travel expenses ,the members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of service for the ,commission4 7c7 ,staff 7#a7 ,in general ,the ,chairman of the ,commission may1 without regard to the civil service laws and regulations1 appoint and terminate an executive director and such other additional employees as may be necessary to enable the ,commission to perform its duties4 ,the employment and termination of an executive director shall be subject to confirmation by a majority of the members of the ,commission4 7#b7 ,compensation ,the executive director shall be compensated at a rate not to exceed the rate payable for level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 ,the ,chairman may fix the compensation of other employees without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 except that the rate of pay for such employees may not exceed the rate payable for level ,v of the ,executive ,schedule under section #ecaf of such title4 7#c7 ,detail of government employees ,any ,federal ,government employee1 with the approval of the head of the appropriate ,federal agency1 may be detailed to the ,commission without reimbursement1 and such detail shall be without interruption or loss of civil service status1 benefits1 or privilege4 7d7 ,procurement of temporary and intermittent services ,the ,chairman of the ,commission may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay prescribed for level ,v of the ,executive ,schedule under section #ecaf of such title4 #cjf4 ,authorization of appropriations ,there are authorized to be appropriated to the ,commission and any agency of the ,federal ,government assisting the ,commission in carrying out its duties under this title such sums as may be necessary to carry out the purposes of this title4 ,any sums appropriated shall remain available1 without fiscal year limitation1 until expended4 #cjg4 ,termination of the ,commission ,the ,commission shall terminate #cj days after the ,commission submits the final report under section #cjc7;c77#b74