Bipartisan Background Checks Act of 2021

II Calendar No. 390 117TH CONGRESS 2D SESSION H. R. 8 IN THE SENATE OF THE UNITED STATES MARCH 11, 2021 Received MAY 24, 2022 Read the first time MAY 25, 2022 Read the second time and placed on the calendar AN ACT To require a background check for every firearm sale. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Bipartisan Back- 4 ground Checks Act of 2021’’. 5 SEC. 2. PURPOSE. 6 The purpose of this Act is to utilize the current back- 7 ground checks process in the United States to ensure indi- 8 VerDate Sep 11 2014 02:10 May 26, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8 kjohnson on DSK79L0C42PROD with BILLS 2 HR 8 PCS viduals prohibited from gun purchase or possession are 1 not able to obtain firearms. 2 SEC. 3. FIREARMS TRANSFERS. 3 (a) IN GENERAL.—Section 922 of title 18, United 4 States Code, is amended by adding at the end the fol- 5 lowing: 6 ‘‘(aa)(1)(A) It shall be unlawful for any person who 7 is not a licensed importer, licensed manufacturer, or li- 8 censed dealer to transfer a firearm to any other person 9 who is not so licensed, unless a licensed importer, licensed 10 manufacturer, or licensed dealer has first taken possession 11 of the firearm for the purpose of complying with sub- 12 section (t). 13 ‘‘(B) Upon taking possession of a firearm under sub- 14 paragraph (A), a licensee shall comply with all require- 15 ments of this chapter as if the licensee were transferring 16 the firearm from the inventory of the licensee to the unli- 17 censed transferee. 18 ‘‘(C) If a transfer of a firearm described in subpara- 19 graph (A) will not be completed for any reason after a 20 licensee takes possession of the firearm (including because 21 the transfer of the firearm to, or receipt of the firearm 22 by, the transferee would violate this chapter), the return 23 of the firearm to the transferor by the licensee shall not 24 VerDate Sep 11 2014 02:10 May 26, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8 kjohnson on DSK79L0C42PROD with BILLS 3 HR 8 PCS constitute the transfer of a firearm for purposes of this 1 chapter. 2 ‘‘(2) Paragraph (1) shall not apply to— 3 ‘‘(A) a law enforcement agency or any law en- 4 forcement officer, armed private security profes- 5 sional, or member of the armed forces, to the extent 6 the officer, professional, or member is acting within 7 the course and scope of employment and official du- 8 ties; 9 ‘‘(B) a transfer or exchange (which, for pur- 10 poses of this subsection, means an in-kind transfer 11 of a firearm of the same type or value) that is a loan 12 or bona fide gift between spouses, between domestic 13 partners, between parents and their children, includ- 14 ing step-parents and their step-children, between sib- 15 lings, between aunts or uncles and their nieces or 16 nephews, or between grandparents and their grand- 17 children, if the transferor has no reason to believe 18 that the transferee will use or intends to use the 19 firearm in a crime or is prohibited from possessing 20 firearms under State or Federal law; 21 ‘‘(C) a transfer to an executor, administrator, 22 trustee, or personal representative of an estate or a 23 trust that occurs by operation of law upon the death 24 of another person; 25 VerDate Sep 11 2014 02:10 May 26, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8 kjohnson on DSK79L0C42PROD with BILLS 4 HR 8 PCS ‘‘(D) a temporary transfer that is necessary to 1 prevent imminent death or great bodily harm, in- 2 cluding harm to self, family, household members, or 3 others, if the possession by the transferee lasts only 4 as long as immediately necessary to prevent the im- 5 minent death or great bodily harm, including harm 6 to self, and the harm of domestic violence, dating 7 partner violence, sexual assault, stalking, and do- 8 mestic abuse; 9 ‘‘(E) a transfer that is approved by the Attor- 10 ney General under section 5812 of the Internal Rev- 11 enue Code of 1986; or 12 ‘‘(F) a temporary transfer if the transferor has 13 no reason to believe that the transferee will use or 14 intends to use the firearm in a crime or is prohibited 15 from possessing firearms under State or Federal 16 law, and the transfer takes place and the trans- 17 feree’s possession of the firearm is exclusively— 18 ‘‘(i) at a shooting range or in a shooting 19 gallery or other area designated for the purpose 20 of target shooting; 21 ‘‘(ii) while reasonably necessary for the 22 purposes of hunting, trapping, pest control on 23 a farm or ranch, or fishing, if the transferor— 24 VerDate Sep 11 2014 02:10 May 26, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8 kjohnson on DSK79L0C42PROD with BILLS 5 HR 8 PCS ‘‘(I) has no reason to believe that the 1 transferee intends to use the firearm in a 2 place where it is illegal; and 3 ‘‘(II) has reason to believe that the 4 transferee will comply with all licensing 5 and permit requirements for such hunting, 6 trapping, pest control on a farm or ranch, 7 or fishing; or 8 ‘‘(iii) while in the presence of the trans- 9 feror. 10 ‘‘(3) It shall be unlawful for a licensed importer, li- 11 censed manufacturer, or licensed dealer to transfer posses- 12 sion of, or title to, a firearm to another person who is 13 not so licensed unless the importer, manufacturer, or deal- 14 er has provided such other person with a notice of the 15 prohibition under paragraph (1), and such other person 16 has certified that such other person has been provided 17 with this notice on a form prescribed by the Attorney Gen- 18 eral. 19 ‘‘(4) The Attorney General shall make available to 20 any person licensed under this chapter both Spanish and 21 English versions of the form required for the conduct of 22 a background check under subsection (t) and this sub- 23 section, and the notice and form required under paragraph 24 (3) of this subsection.’’. 25 VerDate Sep 11 2014 02:10 May 26, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8 kjohnson on DSK79L0C42PROD with BILLS 6 HR 8 PCS (b) AMENDMENT TO SECTION 924(a).—Section 1 924(a)(5) of title 18, United States Code, is amended by 2 striking ‘‘(s) or (t)’’ and inserting ‘‘(s), (t), or (aa)’’. 3 (c) RULES OF INTERPRETATION.—Nothing in this 4 Act, or any amendment made by this Act, shall be con- 5 strued to— 6 (1) authorize the establishment, directly or indi- 7 rectly, of a national firearms registry; or 8 (2) interfere with the authority of a State, 9 under section 927 of title 18, United States Code, 10 to enact a law on the same subject matter as this 11 Act. 12 (d) EFFECTIVE DATE.—The amendment made by 13 subsections (a) and (b) shall take effect 180 days after 14 the date of enactment of this Act. 15 Passed the House of Representatives March 11, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 02:10 May 26, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8 kjohnson on DSK79L0C42PROD with BILLS VerDate Sep 11 2014 02:10 May 26, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8 kjohnson on DSK79L0C42PROD with BILLS Calendar No. 390 117TH CONGRESS 2D SESSION H. R. 8 AN ACT To require a background check for every firearm sale. MAY 25, 2022 Read the second time and placed on the calendar VerDate Sep 11 2014 02:10 May 26, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H8.PCS H8 kjohnson on DSK79L0C42PROD with BILLS