,,ii #aadth ,,congress #b;d ,session ,s4 #bicd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjaf,mr4 ,schumer 7for himself1 ,mr4 ,blumenthal1 ,mrs4 ,gillibrand1 ,mr4 ,murphy1 ,mr4 ,wyden1 and ,mr4 ,markey7 introduced the following bill2 which was read twice and 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 #bjaf4 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 ,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 defective4,sec4 #ajd4 ,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 ,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 ,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 ,within #a year after the date of the enactment of this subsection1 the ,attorney ,general1 in coordination with the ,states1 shall establish1 for each ,state or ,indian tribal government1 a plan to ensure maximum coordination and automation of the reporting of records or making of records available to the ,national ,instant ,criminal ,background ,check ,system established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act1 during a #d-year period specified in the plan4 7#b7 ,benchmark requirements ,each such plan shall include annual benchmarks1 including qualitative goals and quantitative measures1 to enable the ,attorney ,general to assess implementation of the plan4 7#c7 ,penalties for noncompliance 7,a7 ,in general ,during the #d-year period covered by such a plan1 the ,attorney ,general shall withhold the following percentage 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 following year in the period3 7i7 #aj percent1 in the case of the #ast year in the period4 7ii7 #aa percent1 in the case of the #bnd year in the period4 7iii7 #ac percent1 in the case of the #crd year in the period4 7iv7 #ae percent1 in the case of the #dth year in the period4 7,b7 ,failure to establish a plan ,a ,state with respect to which a plan is not established under paragraph 7#a7 shall be treated as having not met any benchmark established under paragraph 7#b74 4 #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 certification 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 date that is #ahj days after the date of enactment of this ,act 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 meanings 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 #bjaf 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 ,section #ibb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7s7 and redesignating subsection 7t7 as subsection 7s72 7#b7 in subsection 7s71 as so 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 #8chief law enforcement officer' means the chief of police1 the sheriff1 or an equivalent officer or the designee of any such individual4 2 and 7#c7 by inserting after subsection 7s71 as so redesignated1 the following3 7t7 7#a7 ,it shall be unlawful for any person who is not a licensed importer1 licensed manufacturer1 or licensed dealer to transfer a firearm to any other person who is not so licensed1 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 inventory of the licensee to the unlicensed transferee4 7#b7 ,paragraph 7#a7 shall not apply to-- 7,a7 a transfer of a firearm by or to any law enforcement agency or any law enforcement officer1 armed private security professional1 or member of the armed forces1 to the extent the officer1 professional1 or member is acting within the course and scope of employment and official duties2 7,b7 a transfer that is a loan or bona fide gift between spouses1 between domestic partners1 between parents and their children1 between siblings1 or between grandparents and their grandchildren2 7,c7 a transfer to an executor1 administrator1 trustee1 or personal representative of an estate or a trust that occurs by operation of law upon the death of another person2 7,d7 a temporary transfer that is necessary to prevent imminent death or great bodily harm1 if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm2 7,e7 a transfer that is approved by the ,attorney ,general under section #ehab of the ,internal ,revenue ,code of #aihf2 or 7,f7 a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under ,state or ,federal law1 and the transfer takes place and the transferee's possession of the firearm is exclusively-- 7i7 at a shooting range or in a shooting gallery or other area designated and built for the purpose of target shooting2 7ii7 while hunting1 trapping1 or fishing1 if the hunting1 trapping1 or fishing is legal in all places where the transferee possesses the firearm and the transferee holds all licenses or permits required for such hunting1 trapping1 or fishing2 or 7iii7 while in the presence of the transferor4 4 7b7 ,technical and conforming amendments 7#a7 ,section #ibb ,section #ibb7y77#b7 of such title is amended 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 such title is amended in the matter preceding paragraph 7#a71 by striking subsection 7s7 or 7t7 of section #ibb and inserting section #ibb7s74 7c7 ,effective date ,the amendment made by subsection 7a77#d7 shall take effect #ahj days after the date of the enactment of this ,act4 #bjc4 ,lost and stolen reporting 7a7 ,in general ,section #ibb of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 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 #dh 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#a77;,b7 of such title is amended to read as follows3 7,b7 knowingly violates subsection 7a77#d71 7f71 7k71 7q71 or 7aa7 of section #ibb2 4