,,ii #aacth ,congress #ast ,session ,s4 #agd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bi1 #bjac ,mr4 ,blumenthal 7for himself1 ,mr4 ,murphy1 and ,mr4 ,lautenberg7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to appropriately restrict sales of ammunition4 #a4 ,short title ,this ,act may be cited as the ,ammunition ,background ,check ,act of #bjac4 #b4 ,findings ,congress finds the following3 7#a7 ,under current ,federal law1 it is illegal to sell firearms or ammunition to certain individuals1 including felons1 fugitives1 drug addicts1 and those deemed mentally defective or committed to a mental institution4 7#b7 ,there is no requirement under ,federal law that sellers of ammunition conduct a background check to determine whether potential purchasers are in fact prohibited by law from buying ammunition4 7#c7 ,by contrast1 under current ,federal law1 licensed sellers of firearms are required by law to conduct an instant background check using the ,national ,instant ,criminal ,background ,check ,system of the ,justice ,department4 7#d7 ,over the last decade1 there have been over #ajj1jjj1jjj background checks conducted under the ,national ,instant ,criminal ,background ,check ,system with respect to firearms sales1 resulting in the blocking of more than #a1ejj1jjj sales of firearms to felons1 fugitives1 drug addicts1 and the mentally ill1 among others4 7#e7 ,the vast majority of instant background checks on firearms purchases occur in an average of #cj seconds1 at minimal inconvenience to firearms sellers and law-abiding purchasers4 7#f7 ,the requirement of background checks for ammunition purchases would pose a minimal inconvenience to ammunition sellers and law-abiding purchasers1 and would help reduce gun-related violence4 7#g7 ,current ,federal law includes a variety of other provisions regulating the sale of firearms1 including limits on interstate gun sales and recordkeeping requirements designed to assist in criminal investigations1 that do not apply to sales of ammunition4 7#h7 ,sales of ammunition should be held to similar requirements as sales of firearms4 #c4 ,background checks 7a7 ,requiring background checks for purchases of ammunition 7#a7 ,in general ,section #ibb of title #ah1 ,united ,states ,code1 is amended by inserting after subsection 7u7 the following3 7v7 7#a7 ,on and after the date that is #ahj days after the date of enactment of the ,ammunition ,background ,check ,act of #bjac1 no person who is licensed under this chapter shall transfer ammunition to any other person who is not licensed under this chapter1 unless-- 7,a7 before the completion of the transfer1 the licensee contacts the national instant criminal background check system established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act2 7,b7 7i7 the system provides the licensee with a unique identification number2 or 7ii7 #c business days 7meaning a day on which ,state offices are open7 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 7,c7 the transferor has verified the identity of the transferee by examining a valid identification document 7as defined in section #ajbh7;d7 of this title7 of the transferee containing a photograph of the transferee4 7#b7 ,if receipt of ammunition would not violate subsection 7g7 or 7n7 or ,state law1 the system shall-- 7,a7 assign a unique identification number to the transfer2 7,b7 provide the licensee with the number2 and 7,c7 destroy all records of the system with respect to the call 7other than the identifying number and the date the number was assigned7 and all records of the system relating to the person or the transfer4 7#c7 ,paragraph 7#a7 shall not apply to an ammunition transfer between a licensee and another person if-- 7,a7 7i7 such other person has presented to the licensee a permit that-- 7,i7 allows such other person to possess or acquire ammunition2 and 7,,ii7 was issued not more than #e years earlier by the ,state in which the transfer is to take place2 and 7ii7 the law of the ,state provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm or ammunition by such other person would be in violation of law2 7,b7 the ,attorney ,general has approved the transfer under section #ehab of the ,internal ,revenue ,code of #aihf2 or 7,c7 on application of the transferor1 the ,attorney ,general has certified that compliance with paragraph 7#a77;,a7 is impracticable because-- 7i7 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 7ii7 the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer 7as defined in subsection 7s77#h772 and 7iii7 there is an absence of telecommunications facilities in the geographical area in which the business premises are located4 7#d7 ,if the national instant criminal background check system notifies any person licensed under this chapter that the information available to the system does not demonstrate that the receipt of ammunition by such other person would violate subsection 7g7 or 7n7 or ,state law1 and the licensee transfers ammunition to such other person1 the seller shall include in the record of the transfer the unique identification number provided by the system with respect to the transfer4 7#e7 ,if any person licensed under this chapter knowingly transfers ammunition to another person and knowingly fails to comply with paragraph 7#a7 of this subsection with respect to the transfer and1 at the time such other person most recently proposed the transfer1 the national instant criminal background check system was operating and information was available to the system demonstrating that receipt of ammunition by such other person would violate subsection 7g7 or 7n7 of this section or ,state law1 the ,attorney ,general may1 after notice and opportunity for a hearing1 suspend for not more than #f months or revoke any license issued to the person under section #ibc1 and may impose on the person a civil fine of not more than #e1jjj for a first violation1 #be1jjj for a second violation1 and #ajj1jjj for any subsequent violation4 7#f7 ,neither a local government nor an employee of the ,federal ,government or of any ,state or local government1 responsible for providing information to the national instant criminal background check system shall be liable in an action at law for damages-- 7,a7 for failure to prevent the sale or transfer of ammunition to a person whose receipt or possession of the ammunition is unlawful under this section2 or 7,b7 for preventing such a sale or transfer to a person who may lawfully receive or possess ammunition4 4 7#b7 ,regulations relating to retention and destruction of records in system ,in promulgating regulations to carry out subsection 7v77#b77;,c7 of section #ibb of title #ah1 ,united ,states ,code1 as added by this ,act1 the ,attorney ,general shall ensure that the records described in such subsection are destroyed not later than #c business days after the date on which a licensee is notified that a transfer of ammunition may proceed under such section4 7#c7 ,conforming amendments 7,a7 ,title #ah ,section #ibb of title #ah1 ,united ,states ,code1 is amended-- 7i7 in subsection 7c7-- 7,i7 in the matter preceding paragraph 7#a71 by inserting or ammunition after sell a firearm2 7,,ii7 in paragraph 7#a7-- 7aa7 by inserting or ammunition after a firearm2 7bb7 by inserting or ammunition after this firearm2 and 7cc7 by inserting or ammunition after the firearm2 and 7,,iii7 in paragraph 7#b71 by inserting or ammunition after firearm each place it appears4 7ii7 in subsection 7d71 in the matter following paragraph 7#i71 by adding at the end1 the following3 ,any person who is licensed under this chapter and who sells ammunition to any of the persons described in paragraph 7#a7 through 7#i7 after failing to comply with the requirements of section #ibb7v7 of title #ah1 ,united ,states ,code1 shall be deemed to have acted knowingly with respect to this subsection44 7,b7 ,penalty ,section #ibd7;a77#e7 of title #ah1 ,united ,states ,code1 is amended by striking or 7t7 and inserting 1 7t71 or 7v74 7,c7 ,brady ,handgun ,violence ,prevention ,act ,section #ajc of the ,brady ,handgun ,violence ,prevention ,act 7#ah ,u4,s4,c4 #ibb note7 is amended-- 7i7 by inserting or ammunition after firearm each place it appears2 7ii7 in subsection 7i71 in the subsection heading1 by inserting or ammunition after firearms2 and 7iii7 in subsection 7j77#b71 inserting ammunition1 after ,the terms 4 7b7 ,ammunition transfers 7#a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #icb4 ,background checks for ammunition 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 ammunition 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 ammunition to an unlicensed transferee4 7b7 ,prohibition 7#a7 ,in general ,it shall be unlawful for an unlicensed transferee to knowingly transfer ammunition to an unlicensed transferor and knowingly fail to obtain a background check conducted by a licensed dealer in accordance with subsection 7d7 with respect to the transfer4 7#b7 ,criminal penalty ,an unlicensed transferee who violates paragraph 7#a7 shall be fined under this title1 imprisoned for not more than #a year1 or both4 7c7 ,civil ,penalty ,if any unlicensed transferee knowingly transfers ammunition to an unlicensed transferor and knowingly fails to obtain a background check conducted by a licensed dealer in accordance with subsection 7d7 with respect to the transfer and1 at the time such unlicensed transferor most recently proposed the transfer1 the national instant criminal background check system was operating and information was available to the system demonstrating that receipt of ammunition by such unlicensed transferor would violate subsection 7g7 or 7n7 of section #ibb or ,state law1 the ,attorney ,general may1 after notice and opportunity for a hearing1 impose on the unlicensed transferee a civil fine of not more than #e1jjj for a first violation1 #be1jjj for a second violation1 and #ajj1jjj for any subsequent violation4 7d7 ,background checks through licensed dealers ,a licensed dealer who agrees to assist in the transfer of ammunition between an unlicensed transferor and an unlicensed transferee shall-- 7#a7 enter such information about the ammunition 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 #ibb7v7 as if transferring the ammunition from the inventory of the licensed dealer to the unlicensed transferee 7except that a licensed dealer assisting in the transfer of ammunition under this subsection shall not be required to comply again with the requirements of section #ibb7v7 in delivering the ammunition 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 #ibb7v77#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 #a1jjj or more rounds of ammunition1 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 4 7#b7 ,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 ammunition transfers by unlicensed persons4 4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general such sums as are necessary-- 7#a7 to ensure that the national instant criminal background check system operates as quickly and effectively as it did before the enactment of this ,act2 and 7#b7 for the cost of implementing and enforcing the amendments made by this ,act1 including audits and other regulatory or enforcement efforts4 #d4 ,regulatory requirements 7a7 ,requiring recordkeeping for ammunition sales ,section #ibb7;b77#e7 of title #ah1 ,united ,states ,code1 is amended by striking or armor-piercing ammunition and inserting or ammunition4 7b7 ,no ammunition sales contrary to ,state law ,section #ibb7;b77#b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting or ammunition after any firearm2 and 7#b7 by inserting or ammunition after such firearm4 7c7 ,no interstate ammunition sales 7#a7 ,in general ,section #ibb7;b77#c7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by inserting or ammunition after any firearm2 and 7,b7 by striking rifle or shotgun and inserting ammunition1 rifle1 or shotgun4 7#b7 ,other provisions ,section #ibb7;a7 is amended-- 7,a7 in paragraph 7#c7 by inserting or ammunition after firearm each place it appears2 and 7,b7 in paragraph 7#e71 by inserting or ammunition after firearm each place it appears except the last place it appears4 7d7 ,reporting 7#a7 ,in general ,section #ibc7;g7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a77;,a7-- 7i7 in the first sentence1 by inserting or ammunition after other disposition of firearms2 and 7ii7 in the third sentence1 by striking 1 or any licensed importer or manufacturer of ammunition1 and inserting 1 or any licensed importer1 manufacturer1 or dealer of ammunition12 7,b7 in paragraph 7#b7-- 7i7 by inserting or ammunition after disposition of firearms2 and 7ii7 by inserting or ammunition after a firearm2 7,c7 in paragraph 7#c71 by adding at the end the following3 7,c7 7i7 ,each licensee shall prepare a report of multiple sales or other dispositions whenever the licensee sells or otherwise disposes of1 at one time or during any #e consecutive business days1 a large quantity of ammunition 7as determined in accordance with clause 7ii77 to an unlicensed person4 ,the report shall be prepared on a form specified by the ,attorney ,general and forwarded to the office specified thereon and to the department of ,state police or ,state law enforcement agency of the ,state and1 where feasible1 the local law enforcement agency of the local jurisdiction in which the sale or other disposition took place1 not later than the close of business on the day that the multiple sale or other disposition occurs4 7ii7 ,the ,attorney ,general shall determine the quantity of ammunition that constitutes a large quantity for the purpose of this subparagraph1 the quantity of which-- 7,i7 shall be based on the ,attorney ,general's determination of the quantity that indicates an intent to engage in any type of criminal activity2 7,,ii7 may be modified by the ,attorney ,general from time to time2 and 7,,iii7 may vary by geographic area if the ,attorney ,general determines that it is appropriate to assist law enforcement efforts4 2 7,d7 in paragraph 7#f7-- 7i7 by inserting or a significant quantity of ammunition1 after theft or loss of a firearm2 and 7ii7 by adding at the end the following3 ,not later than #fj days after the date of enactment of the ,ammunition ,background ,check ,act of #bjac1 the ,attorney ,general shall promulgate rules defining significant quantity for the purpose of this paragraph42 and 7,e7 in paragraph 7#g71 by inserting or any quantity of ammunition after #a or more firearms2 and 7#b7 ,conforming amendment ,section #dahb7;d7 of the ,internal ,revenue ,code of #aihf 7relating to exemptions relating to firearms7 is amended by inserting and except as provided in paragraphs 7#a77;,a7 and 7#c77;,c7 of section #ibc7;g7 of title #ah1 ,united ,states ,code1 before no person holding a ,federal license4 7e7 ,making it a crime ,to steal ammunition ,section #ibb7u7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting or ammunition after in firearms2 and 7#b7 by inserting or ammunition after any firearm4 7f7 ,keeping ammunition out of the hands of juveniles ,section #ibb7x7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,b71 by striking only2 and 7#b7 in paragraph 7#b77;,b71 by striking only4 7g7 ,licensing of ammunition dealers 7#a7 ,in general ,section #ibc7;a7 of title #ah1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a71 by striking 1 or importing or manufacturing and inserting or4 7#b7 ,definitions ,section #iba7;a7 of title #ah1 ,united ,states ,code is amended-- 7,a7 in paragraph 7#aa77;,a71 by inserting or ammunition after firearms2 7,b7 in paragraph 7#ab71 by inserting or ammunition after any firearm2 and 7,c7 in paragraph 7#ac71 by inserting or ammunition after firearms4 #e4 ,armor-piercing and incendary ammunition 7a7 ,expanding definition of armor-,piercing bullets ,section #iba7;a77#ag77;,b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in clause 7i71 by striking or at the end2 7#b7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7iii7 a bullet or projectile which is coated with ,teflon or any chemical compound with properties similar to ,teflon4 4 7b7 ,banning incendiary ammunition 7#a7 ,definition ,section #iba7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#cf7 ,the term incendiary ammunition-- 7,a7 means a bullet that is designed for the purpose of1 held out by the manufacturer or distributor as1 or generally recognized as having a specialized capability to ignite upon impact2 and 7,b7 includes such bullets commonly designated as ,m#a ,incendiary1 ,m#bc ,incendiary1 ,m#h ,armor-,piercing ,incendiary1 ,,api1 ,m#bj ,armor-,piercing ,incendiary ,tracer1 or ,,apit4 4 7#b7 ,prohibition ,chapter #dd of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by inserting or incendiary ammunition after armor piercing ammunition each place it appears1 except-- 7i7 in section #iba2 and 7ii7 in section #ibc7k72 7,b7 in section #ibb7;b77#e71 by inserting or incendiary ammunition after armor-piercing ammunition2 and 7,c7 in section #ibc7k7-- 7i7 by inserting 1 incendiary projectiles1 and after armor piercing projectiles2 and 7ii7 by inserting or incendiary ammunition as defined in section #iba7;a77#cf7 before the period at the end4 7c7 ,prohibition on possession and transfer ,section #ibb7;a77#g7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the matter proceeding subparagraph 7,a71 by striking or import and inserting import1 transfer1 or possess2 7#b7 in subparagraph 7,a7-- 7,a7 by inserting 1 transfer1 or possession after manufacture2 and 7,b7 by inserting or the transfer or possession of such ammunition relates to use on behalf of after for the use of2 7#c7 in subparagraph 7,b71 by inserting 1 transfer1 or possession after manufacture2 and 7#d7 in subparagraph 7,c71 by inserting 1 transfer1 or possession after manufacture4 7d7 ,grandfathering of continued possession of ammunition 7#a7 ,in general ,the amendments made by this section shall not apply to the possession of any armor piercing ammunition 7as defined in section #iba7;a77#ag77;,b7 of title #ah1 ,united ,states ,code1 as amended by subsection 7a771 or incendiary ammunition 7as defined in section #iba7;a77#cf7 of title #ah1 ,united ,states ,code1 as added by subsection 7b77 otherwise lawfully possessed under ,federal law on the date of enactment of this ,act4 7#b7 ,no transfer1 sale1 or delivery ,nothing in paragraph 7#a7 shall be construed to authorize the transfer1 sale1 or delivery of any armor piercing ammunition or incendiary ammunition described in paragraph 7#a74