,,ii ,calendar ,no4 #bi #aafth ,,congress #ast ,session ,h4 ,r4 #h ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bh1 #bjai,received2 read the first time ,march #d1 #bjai,read the second time and placed on the calendar ,,an ,,act ,to require a background check for every firearm sale4 #a4 ,short title ,this ,act may be cited as the ,bipartisan ,background ,checks ,act of #bjai4 #b4 ,purpose ,the purpose of this ,act is to utilize the current background checks process in the ,united ,states to ensure individuals prohibited from gun possession are not able to obtain firearms4 #c4 ,firearms transfers ,section #ibb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7s72 7#b7 by redesignating subsection 7t7 as subsection 7s72 and 7#c7 by inserting after subsection 7s71 as redesignated1 the following3 7t7 7#a7 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 7,b7 ,upon taking possession of a firearm under subparagraph 7,a71 a 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,c7 ,if a transfer of a firearm described in subparagraph 7,a7 will not be completed for any reason after a licensee takes possession of the firearm 7including because the transfer of the firearm to1 or receipt of the firearm by1 the transferee would violate this chapter71 the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter4 7#b7 ,paragraph 7#a7 shall not apply to-- 7,a7 a 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 including step-parents and their step-children1 between siblings1 between aunts or uncles and their nieces or nephews1 or between grandparents and their grandchildren1 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 law2 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 including harm to self1 family1 household members1 or others1 if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm1 including the harm of domestic violence1 dating partner violence1 sexual assault1 stalking1 and domestic abuse2 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 for the purpose of target shooting2 7ii7 while reasonably necessary for the purposes of hunting1 trapping1 or fishing1 if the transferor-- 7,i7 has no reason to believe that the transferee intends to use the firearm in a place where it is illegal2 and 7,,ii7 has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting1 trapping1 or fishing2 or 7iii7 while in the presence of the transferor4 7#c7 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 may not include any provision requiring licensees to facilitate transfers in accordance with paragraph 7#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#a74 7,e7 ,regulations promulgated under this paragraph shall include1 in the case of a background check conducted by the national instant criminal background check system in response to a contact from a licensed importer1 licensed manufacturer1 or licensed dealer1 which background check indicates that the receipt of a firearm by a person would violate subsection 7g77#e71 a requirement that the system notify ,u4,s4 ,immigration and ,customs ,enforcement4 7#d7 ,it shall be unlawful for a licensed importer1 licensed manufacturer1 or licensed dealer to transfer possession of1 or title to1 a firearm to another person who is not so licensed unless the importer1 manufacturer1 or dealer has provided such other person with a notice of the prohibition under paragraph 7#a71 and such other person has certified that such other person has been provided with this notice on a form prescribed by the ,attorney ,general4 4 #d4 ,technical and conforming amendments 7a7 ,section #ibb ,section #ibb7y77#b7 of title #ah1 ,united ,states ,code1 is amended in the matter preceding subparagraph 7,a7 by striking 1 7g77#e77;,b71 and 7s77#c77;,b77v77,,ii7 and inserting and 7g77#e77;,b74 7b7 ,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 each place it appears and inserting subsection 7s7 or 7t7 of section #ibb4 #e4 ,rule of construction ,nothing in this ,act1 or any amendment made by this ,act1 shall be construed to-- 7#a7 authorize the establishment1 directly or indirectly1 of a national firearms registry2 or 7#b7 interfere with the authority of a ,state1 under section #ibg of title #ah1 ,united ,states ,code1 to enact a law on the same subject matter as this ,act4 #f4 ,effective date ,the amendments made by this ,act shall take effect #baj days after the date of the enactment of this ,act4 ,passed the ,house of ,representatives ,february #bg1 #bjai4;,cheryl ,l4 ,johnson1,clerk4 ,march #d1 #bjai,read the second time and placed on the calendar