Sec. 201 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 firearms.
Title II — Providing a Responsible and Consistent Background Check Process
II Providing a Responsible and Consistent Background Check Process
Sec. 202 Firearms transfers
by repealing subsection (s);
by redesignating subsection (t) as subsection (s);
in subsection (s), as redesignated—
in paragraph (1)(B)—
in clause (i), by striking “or”;
in clause (ii), by striking “and” at the end; and
by adding at the end the following:
“(iii) in the case of an instant background check conducted at a gun show or event during the 4-year period beginning on the effective date under section 210(a) of the Public Safety and Second Amendment Rights Protection Act of 2013, 48 hours have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; or
“(iv) in the case of an instant background check conducted at a gun show or event after the 4-year period described in clause (iii), 24 hours have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; and”
in paragraph (3)(C)(ii), by striking “(as defined in subsection (s)(8))”; and
by adding at the end the following:
“(7) In this subsection—
“(A) the term chief law enforcement officer means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual; and
“(B) the term gun show or event has the meaning given the term in subsection (t)(7).
“(8) The Federal Bureau of Investigation shall not charge a user fee for a background check conducted pursuant to this subsection.
“(9) Notwithstanding any other provision of this chapter, upon receiving a request for an instant background check that originates from a gun show or event, the system shall complete the instant background check before completing any pending instant background check that did not originate from a gun show or event.”
by inserting after subsection (s), as redesignated, the following:
“(t)
“(1) Beginning on the date that is 180 days after the date of enactment of this subsection and except as provided in paragraph (2), it shall be unlawful for any person other than a licensed dealer, licensed manufacturer, or licensed importer to complete the transfer of a firearm to any other person who is not licensed under this chapter, if such transfer occurs—
“(A) at a gun show or event, on the curtilage thereof; or
“(B) pursuant to an advertisement, posting, display or other listing on the Internet or in a publication by the transferor of his intent to transfer, or the transferee of his intent to acquire, the firearm.
“(2) Paragraph (1) shall not apply if—
“(A) the transfer is made after a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s), and upon taking possession of the firearm, the licensee—
“(i) complies with all requirements of this chapter as if the licensee were transferring the firearm from the licensee’s business inventory to the unlicensed transferee, 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 5 years by a State, or a political subdivision of a State, that allows the transferee to possess, acquire, or carry a firearm, if the law of the State, or political subdivision of a State, 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 Federal, State, or local law;
“(B) the transfer is made between an unlicensed transferor and an unlicensed transferee residing in the same State, which takes place in such State, if—
“(i) 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 section; and
“(ii) the transfer was conducted in compliance with the laws of the State;
“(C) the transfer is made between spouses, between parents or spouses of parents and their children or spouses of their children, between siblings or spouses of siblings, or between grandparents or spouses of grandparents and their grandchildren or spouses of their grandchildren, or between aunts or uncles or their spouses and their nieces or nephews or their spouses, or between first cousins, if the transferor does not know or have reasonable cause to believe that the transferee is prohibited from receiving or possessing a firearm under Federal, State, or local law; or
“(D) the Attorney General has approved the transfer under section 5812 of the Internal Revenue Code of 1986.
“(3) A licensed importer, licensed manufacturer, or licensed dealer who processes a transfer of a firearm authorized under paragraph (2)(A) shall not be subject to a license revocation or license denial based solely upon a violation of those paragraphs, or a violation of the rules or regulations promulgated under this paragraph, unless the licensed importer, licensed manufacturer, or licensed dealer—
“(A) knows or has reasonable cause to believe that the information provided for purposes of identifying the transferor, transferee, or the firearm is false;
“(B) knows or has reasonable cause to believe that the transferee is prohibited from purchasing, receiving, or possessing a firearm by Federal or State law, or published ordinance; or
“(C) knowingly violates any other provision of this chapter, or the rules or regulations promulgated thereunder.
“(4)
“(A) Notwithstanding any other provision of this chapter, except for section 923(m), the Attorney General may implement this subsection with regulations.
“(B) Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (2)(A).
“(C) 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 transfers.
“(D) 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 (2)(A).
“(5)
“(A) A person other than a licensed importer, licensed manufacturer, or licensed dealer, who makes a transfer of a firearm in accordance with this section, or who is the organizer of a gun show or event at which such transfer occurs, 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 product.
“(B) 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 product.
“(C) In this paragraph—
“(i) the term interactive computer service shall have the meaning given the term in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)); and
“(ii) the terms qualified civil liability action, qualified product, and seller shall have the meanings given the terms in section 4 of the Protection of Lawful Commerce in Arms Act (15 U.S.C. 7903).
“(D) Nothing in this paragraph shall be construed to affect the immunity of a provider of an interactive computer service under section 230 of the Communications Act of 1934 (47 U.S.C. 230).
“(6) 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 section, this section shall not be construed—
“(A) as creating a cause of action for any civil liability; or
“(B) as establishing any standard of care.
“(7) For purposes of this subsection, the term gun show or event—
“(A) means any event at which 75 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; and
“(B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923.”
Prohibiting the seizure of records or documents— Section 923(g)(1)(D) is amended by striking, “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 law,” and inserting the following: “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 law.”.
Prohibition of national gun registry— Section 923 of title 18, United States Code, is amended by adding at the end the following:
“(m) The Attorney General may not consolidate or centralize the records of the—
“(1) acquisition or disposition of firearms, or any portion thereof, maintained by—
“(A) a person with a valid, current license under this chapter;
“(B) an unlicensed transferor under section 922(t); or
“(2) possession or ownership of a firearm, maintained by any medical or health insurance entity.”
Technical and conforming amendments—
Section 922— Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking “, (g)(5)(B), and (s)(3)(B)(v)(II)” and inserting “and (g)(5)(B)”.
Consolidated and Further Continuing Appropriations Act, 2012— Section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note) is amended by striking “subsection 922(t)” and inserting “subsection (s) or (t) of section 922” each place it appears.
Sec. 203 Penalties
Section 924 of title 18, United States Code, is amended—
in subsection (a), by adding at the end the following:
“(8) Whoever makes or attempts to make a transfer of a firearm in violation of section 922(t) to a person not licensed under this chapter who is prohibited from receiving a firearm under subsection (g) or (n) of section 922 or State law, to a law enforcement officer, or to a person acting at the direction of, or with the approval of, a law enforcement officer authorized to investigate or prosecute violations of section 922(t), shall be fined under this title, imprisoned not more than 5 years, or both.”
by adding at the end the following:
“(q) Improper use of storage of records—Any person who knowingly violates section 923(m) shall be fined under this title, imprisoned not more than 15 years, or both.”
Sec. 204 Firearms dispositions
Section 922(b)(3) of title 18, United States Code, is amended—
in the matter preceding subparagraph (A), by striking “located” and inserting “located or temporarily located”; and
in subparagraph (A)—
by striking “rifle or shotgun” and inserting “firearm”;
by striking “located” and inserting “located or temporarily located”; and
by striking “both such States” and inserting “the State in which the transfer is conducted and the State of residence of the transferee”.
Sec. 205 Firearm dealer access to law enforcement information
by striking “Not later than” and inserting the following:
“(1) In general—Not later than”
by adding at the end the following:
“(2) Voluntary background checks—Not later than 90 days after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013, 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 employees.”
Sec. 206 Dealer location
Section 923 of title 18, United States Code, is amended—
in subsection (j)—
in the first sentence, by striking “, and such location is in the State which is specified on the license”; and
in the last sentence—
by inserting “transfer,” after “sell,”; and
by striking “Act,” and all that follows and inserting “Act.”; and
by adding after subsection (m), as added by section 202(c), the following:
“(n) Nothing in this chapter shall be construed to prohibit the sale, transfer, delivery, or other disposition of a firearm or ammunition not otherwise prohibited under this chapter—
“(1) by a person licensed under this chapter to another person so licensed, at any location in any State; or
“(2) by a licensed importer, licensed manufacturer, or licensed dealer to a person not licensed under this chapter, at a temporary location described in subsection (j) in any State.”
Sec. 207 Residence of United States officers
Section 921 of title 18, United States Code, is amended by striking subsection (b) and inserting the following:
“(b) For purposes of this chapter:
“(1) A member of the Armed Forces on active duty, or a spouse of such a member, is a resident of—
“(A) the State in which the member or spouse maintains legal residence;
“(B) the State in which the permanent duty station of the member is located; and
“(C) 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 member.
“(2) An officer or employee of the United States (other than a member of the Armed Forces) who is stationed outside the United States for a period of more than 1 year, and a spouse of such an officer or employee, is a resident of the State in which the person maintains legal residence.”
Sec. 208 Interstate transportation of firearms or ammunition
In general— Section 926A of title 18, United States Code, is amended to read as follows:
“926A. Interstate transportation of firearms or ammunition
“(a) Definition—In this section, the term transport—
“(1) includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport; and
“(2) does not include transportation—
“(A) with the intent to commit a crime punishable by imprisonment for a term exceeding 1 year that involves a firearm; or
“(B) with knowledge, or reasonable cause to believe, that a crime described in subparagraph (A) is to be committed in the course of, or arising from, the transportation.
“(b) Authorization—Notwithstanding any provision of any law (including a rule or regulation) of a State or any political subdivision thereof, a person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to—
“(1) transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation—
“(A) the firearm is unloaded; and
“(B)
“(i) if the transportation is by motor vehicle—
“(I) the firearm is not directly accessible from the passenger compartment of the motor vehicle; or
“(II) if the motor vehicle is without a compartment separate from the passenger compartment, the firearm is—
“(aa) in a locked container other than the glove compartment or console; or
“(bb) secured by a secure gun storage or safety device; or
“(ii) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device; and
“(2) transport ammunition for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, to any other such place if, during the transportation—
“(A) the ammunition is not loaded into a firearm; and
“(B)
“(i) if the transportation is by motor vehicle—
“(I) the ammunition is not directly accessible from the passenger compartment of the motor vehicle; or
“(II) if the motor vehicle is without a compartment separate from the passenger compartment, the ammunition is in a locked container other than the glove compartment or console; or
“(ii) if the transportation is by other means, the ammunition is in a locked container.
“(c) Limitation on arrest authority—A person who is transporting a firearm or ammunition may not be—
“(1) arrested for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is probable cause that the transportation is not in accordance with subsection (b); or
“(2) detained for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is reasonable suspicion that the transportation is not in accordance with subsection (b).”
Technical and conforming amendment— The table of sections for chapter 44 of title 18, United States Code, is amended by striking the item relating to section 926A and inserting the following:
Sec. 209 Rule of construction
Nothing in this title, or an amendment made by this title, shall be construed—
to extend background check requirements to transfers other than those made at gun shows or on the curtilage thereof, or pursuant to an advertisement, posting, display, or other listing on the Internet or in a publication by the transferor of the intent of the transferor to transfer, or the transferee of the intent of the transferee to acquire, the firearm; or
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 transferee.
Sec. 210 Effective date
In general— Except as provided in subsection (b), this title and the amendments made by this title shall take effect 180 days after the date of enactment of this Act.
Firearm dealer access to law enforcement information— Section 205 and the amendments made by section 205 shall take effect on the date of enactment of this Act.