,,ii ,calendar ,no4 #be #aacth ,,congress #ast ,session ,s4 #cgd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #be1 #bjac ,mr4 ,schumer introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,march #ab1 #bjac ,reported by ,mr4 ,leahy1 with an amendment ,strike out all after the enacting clause and insert the part printed in italic ,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 title ,this ,act may be cited as the ,protecting ,responsible ,gun ,sellers ,act of #bjac4 #b4 ,findings ,congress makes the following findings3 7#a7 ,congress supports and respects the right to bear arms found in the ,second ,amendment to the ,constitution of the ,united ,states4 7#b7 ,congress supports the existing prohibition on a national firearms registry4 7#c7 ,there are deficits in the background check system in effect before 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#d7 ,if the citizens of the ,united ,states agree that in order to promote safe and responsible gun ownership criminals and the mentally ill should be prohibited from possessing firearms1 it should be incumbent upon all citizens to ensure weapons are not being transferred to such people4 #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 title2 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 ,reauthorization of ,,nics ,act ,record ,improvement ,program grants4 ,sec4 #ajb4 ,penalties for ,states that do not make data electronically available to the ,national ,instant ,criminal ,background ,check ,system4 ,sec4 #ajc4 ,clarification that ,federal court information is to be made available to the ,national ,instant ,criminal ,background ,check ,system4 ,,title ,,ii--,requiring a background check for every firearm sale ,sec4 #bja4 ,purpose4 ,sec4 #bjb4 ,firearms transfers4 ,sec4 #bjc4 ,lost and stolen reporting4 ,sec4 #bjd4 ,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 ,reauthorization of ,,nics ,act ,record ,improvement ,program grants 7a7 ,in general ,section #ajb7;b7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 is amended-- 7#a7 in paragraph 7#a77;,c7-- 7,a7 by striking clauses 7ii7 and 7iii72 and 7,b7 by redesignating clauses 7iv71 7v71 and 7vi7 as clauses 7ii71 7iii71 and 7iv71 respectively2 and 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,scope 7,a7 ,in general ,the ,attorney ,general1 in determining the compliance of a ,state under this section or section #ajd for the purpose of granting a waiver or imposing a loss of ,federal funds1 shall assess the total percentage of records provided by the ,state concerning any event occurring within the time period established by the ,attorney ,general under subparagraph 7,b71 which would disqualify a person from possessing a firearm under subsection 7g7 or 7n7 of section #ibb of title #ah1 ,united ,states ,code4 7,b7 ,regulations ,not later than #a year after the date of enactment of the ,fix ,gun ,checks ,act of #bjac1 the ,attorney ,general shall1 through regulation1 establish the time period described in subparagraph 7,a74 4 7b7 ,implementation assistance to ,states ,section #ajc of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 is amended-- 7#a7 by striking subsection 7a77#a7 and inserting the following3 7#a7 ,in general ,from amounts made available to carry out this section and subject to section #ajb7;b77#a77;,b71 the ,attorney ,general shall make grants to ,states and ,indian tribal governments1 in a manner consistent with the ,national ,criminal ,history ,improvement ,program1 which shall be used by the ,states and ,indian tribal governments1 in conjunction with units of local government and ,state and local courts to-- 7,a7 establish and plan information and identification technologies for firearms eligibility determinations2 and 7,b7 make improvements or upgrade information and identification technologies for firearms eligibility determinations4 2 7#b7 by striking subsections 7b7 and 7c7 and inserting the following3 7b7 ,use of grant amounts 7#a7 ,in general ,grants awarded to ,states or ,indian tribes under subsection 7a77#a7 may only be used to-- 7,a7 create electronic systems1 which provide accurate and up-to-date information that is directly related to checks under the ,national ,instant ,criminal ,background ,check ,system 7referred to in this section as ,,nics71 including court disposition and corrections records2 7,b7 assist ,states in establishing or enhancing their own capacities to perform ,,nics background checks2 7,c7 supply accurate and timely information to the ,attorney ,general concerning final dispositions of criminal records to databases accessed by ,,nics2 7,d7 supply accurate and timely information to the ,attorney ,general concerning the identity of persons who are prohibited from obtaining a firearm under section #ibb7;g77#d7 of title #ah1 ,united ,states ,code1 to be used by the ,federal ,bureau of ,investigation solely to conduct ,,nics background checks2 7,e7 supply accurate and timely court orders and records of misdemeanor crimes of domestic violence for inclusion in ,federal and ,state law enforcement databases used to conduct ,,nics background checks2 and 7,f7 collect and analyze data needed to demonstrate levels of ,state compliance with this ,act4 7#b7 ,additional uses 7,a7 ,in general ,in addition to the uses described in paragraph 7#a7-- 7i7 a grant awarded under subsection 7a77#a77;,a7 may be used to assist ,states in establishing or enhancing a relief from disabilities program in accordance with section #aje2 and 7ii7 a grant awarded under subsection 7a77#a77;,b7 may be used to maintain the relief from disabilities program in accordance with section #aje4 7,b7 ,limitation ,not less than #c percent and no more than #aj percent of each grant awarded under subsection 7a77#a77;,b7 shall be used for the purpose described in subparagraph 7,a77i74 7c7 ,eligibility ,to be eligible for a grant under section #ajc7;a77#a77;,b71 a ,state shall certify1 to the satisfaction of the ,attorney ,general1 that the ,state has implemented a relief from disabilities program in accordance with section #aje4 2 and 7#c7 by striking subsection 7e7 and inserting the following3 7e7 ,authorization of appropriations 7#a7 ,in general ,there are to be authorized to be appropriated to carry out this section #ajj1jjj1jjj for each of fiscal years #bjad through #bjah4 7#b7 ,limitations 7,a7 ,use of amounts authorized ,of the amounts authorized to be appropriated for each fiscal year under paragraph 7#a71 not more than #cj percent may be used to carry out subsection 7a77#a77;,b7 4 7,b7 ,allocations ,a ,state may not be awarded more than #b grants under subsection 7a77#a77;,b74 4 #ajb4 ,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 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,discretionary reduction 7,a7 ,during the #b-year period beginning on the date on which the ,attorney ,general publishes final rules required under section #ajb7;b77#b77;,b71 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 ,during the #c-year period after the expiration of the period described in subparagraph 7,a71 the ,attorney ,general may 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 ,mandatory reduction ,after the expiration of the period referred to in paragraph 7#a77;,b71 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 #ajc4 ,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 ,prevention ,act 7#ah ,u4,s4,c4 #ibb note71 is amended by adding at the end the following3 7,f7 ,application to ,federal courts ,in this paragraph-- 7i7 the terms department of 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 ,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#c77;,c77ii71 by striking 7as defined in subsection 7s77#h772 and 7,b7 by adding at the end the following3 7#g7 ,in this subsection1 the term chief law enforcement officer means the chief of police1 the sheriff1 or an equivalent officer or the designee of any such individual4 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 subsection1 it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to any other person who is not licensed under this chapter1 unless a licensed importer1 licensed manufacturer1 or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection 7s74 ,upon taking possession of the firearm1 the licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the licensee's inventory to the unlicensed transferee4 7#b7 ,paragraph 7#a7 shall not apply to-- 7,a7 bona fide gifts between spouses1 between parents and their children1 between siblings1 or between grandparents and their grandchildren2 7,b7 a transfer made from a decedent's estate1 pursuant to a legal will or the operation of law2 7,c7 a temporary transfer of possession that occurs between an unlicensed transferor and an unlicensed transferee1 if -- 7i7 the temporary transfer of possession occurs in the home or curtilage of the unlicensed transferor2 7ii7 the firearm is not removed from that home or curtilage during the temporary transfer2 and 7iii7 the transfer has a duration of less than #g days2 and 7,d7 a temporary transfer of possession without transfer of title made in connection with lawful hunting or sporting purposes if the transfer occurs-- 7i7 at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms and the firearm is1 at all times1 kept within the premises of the shooting range2 7ii7 at a target firearm shooting competition under the auspices of or approved by a ,state agency or nonprofit organization and the firearm is1 at all times1 kept within the premises of the shooting competition2 and 7iii7 while hunting or trapping1 if-- 7,i7 the activity is legal in all places where the unlicensed transferee possesses the firearm2 7,,ii7 the temporary transfer of possession occurs during the designated hunting season2 and 7,,iii7 the unlicensed transferee holds any required license or permit4 7#c7 ,for purposes of this subsection1 the term transfer-- 7,a7 shall include a sale1 gift1 loan1 return from pawn or consignment1 or other disposition2 and 7,b7 shall not include temporary possession of the firearm for purposes of examination or evaluation by a prospective transferee while in the presence of the prospective transferee4 7#d7 7,a7 ,notwithstanding any other provision of this chapter1 the ,attorney ,general may implement this subsection with regulations4 7,b7 ,regulations promulgated under this paragraph-- 7i7 shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph 7#a72 and 7ii7 shall include a provision requiring a record of transaction of any transfer that occurred between an unlicensed transferor and unlicensed transferee accordance with paragraph 7#a74 4 7b7 ,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 ,section #ibe;,a ,section #ibe;,a of title #ah1 ,united ,states ,code1 is amended1 in the matter preceding paragraph 7#a71 by striking subsection 7s7 or 7t7 of section #ibb and inserting section #ibb7s74 #bjc4 ,lost and stolen reporting 7a7 ,in general ,section #ibb of title #ah1 ,united ,states ,code1 is amended by adding at the end-- 7aa7 ,it shall be unlawful for any person who lawfully possesses or owns a firearm that has been shipped or transported in1 or has been possessed in or affecting1 interstate or foreign commerce1 to fail to report the theft or loss of the firearm1 within #bd hours after the person discovers the theft or loss1 to the ,attorney ,general and to the appropriate local authorities4 4 7b7 ,penalty ,section #ibd7;a77#a7 of title #ah1 ,united ,states ,code1 is amended by striking subparagraph 7,b7 and inserting the following3 7,b7 knowingly violates subsection 7a77#d71 7f71 7k71 7q71 or 7aa7 of section #ibb2 4 #bjd4 ,effective date ,the amendments made by this ,act shall take effect #ahj days after the date of enactment of this ,act4 ,march #ab1 #bjac ,reported with an amendment