Federal

Background Check Expansion Act

Source: Congress.gov · 1,171 words in original text

What This Bill Does

This bill requires a background check before most firearm transfers between unlicensed people. The bill makes it illegal for someone without a firearms license to transfer a gun to another unlicensed person unless a licensed dealer, importer or manufacturer first takes possession of the firearm to conduct the background check process. ##

Who It Affects

- Regular people buying or selling firearms to each other - Licensed firearms dealers, importers and manufacturers - Law enforcement officers - Family members transferring guns between relatives - People using firearms at shooting ranges or while hunting - The Attorney General (enforcer of this law) ##

Key Provisions

- Unlicensed people cannot transfer firearms to other unlicensed people unless a licensed dealer takes possession first and conducts a background check (Sec. 2(a)) - Licensed dealers must follow all background check requirements when handling these transfers, as if the firearm came from the dealer's own inventory (Sec. 2(a)) - Temporary transfers do not require background checks when a firearm is loaned or gifted between spouses, domestic partners, parents and children, siblings, aunts and uncles with nieces and nephews, or grandparents and grandchildren (Sec. 2(a)) - Temporary transfers during emergencies do not require background checks if needed to prevent immediate death or serious bodily harm (Sec. 2(a)) - Temporary transfers do not require background checks when firearms are used at shooting ranges, for hunting or fishing, or while the original owner is present, if the original owner has no reason to believe the person will commit a crime (Sec. 2(a)) ##

What Changes

If this becomes law, most private gun transfers between regular people would require going through a licensed firearms dealer for a background check. Family loans and gifts between certain relatives would be exempt. Emergency temporary transfers and short-term transfers at shooting ranges or while hunting would also be exempt. ##

Important Definitions

Not specified in bill text ##

Effective Date

This law would take effect 180 days after it is signed into law (Sec. 2(d)).

II 118TH CONGRESS 1ST SESSION S. 494 To require a background check for every firearm sale. IN THE SENATE OF THE UNITED STATES FEBRUARY 16, 2023 Mr. MURPHY (for himself, Ms. BALDWIN, Mr. BENNET, Mr. BLUMENTHAL, Mr. BOOKER, Mr. BROWN, Ms. CANTWELL, Mr. CARDIN, Mr. CARPER, Mr. CASEY, Mr. COONS, Ms. CORTEZ MASTO, Ms. DUCKWORTH, Mr. DURBIN, Mrs. FEINSTEIN, Mr. FETTERMAN, Mrs. GILLIBRAND, Ms. HASSAN, Mr. HEINRICH, Mr. HICKENLOOPER, Ms. HIRONO, Mr. KAINE, Mr. KELLY, Mr. KING, Ms. KLOBUCHAR, Mr. LUJA´N, Mr. MARKEY, Mr. MENENDEZ, Mr. MERKLEY, Mrs. MURRAY, Mr. OSSOFF, Mr. PADILLA, Mr. PETERS, Mr. REED, Ms. ROSEN, Mr. SANDERS, Mr. SCHATZ, Mr. SCHUMER, Mrs. SHAHEEN, Ms. SMITH, Ms. STABENOW, Mr. VAN HOL- LEN, Mr. WARNER, Mr. WARNOCK, Ms. WARREN, Mr. WELCH, Mr. WHITEHOUSE, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL 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 ‘‘Background Check Ex- 4 pansion Act’’. 5 VerDate Sep 11 2014 00:22 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S494.IS S494 kjohnson on DSK79L0C42PROD with BILLS 2 •S 494 IS SEC. 2. FIREARMS TRANSFERS. 1 (a) IN GENERAL.—Section 922 of title 18, United 2 States Code, is amended by adding at the end the fol- 3 lowing: 4 ‘‘(aa)(1)(A) It shall be unlawful for any person who 5 is not a licensed importer, licensed manufacturer, or li- 6 censed dealer to transfer a firearm to any other person 7 who is not so licensed, unless a licensed importer, licensed 8 manufacturer, or licensed dealer has first taken possession 9 of the firearm for the purpose of complying with sub- 10 section (t). 11 ‘‘(B) Upon taking possession of a firearm under sub- 12 paragraph (A), a licensee shall comply with all require- 13 ments of this chapter as if the licensee were transferring 14 the firearm from the inventory of the licensee to the unli- 15 censed transferee. 16 ‘‘(C) If a transfer of a firearm described in subpara- 17 graph (A) will not be completed for any reason after a 18 licensee takes possession of the firearm (including because 19 the transfer of the firearm to, or receipt of the firearm 20 by, the transferee would violate this chapter), the return 21 of the firearm to the transferor by the licensee shall not 22 constitute the transfer of a firearm for purposes of this 23 chapter. 24 ‘‘(2) Paragraph (1) shall not apply to— 25 VerDate Sep 11 2014 00:22 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S494.IS S494 kjohnson on DSK79L0C42PROD with BILLS 3 •S 494 IS ‘‘(A) a law enforcement agency or any law en- 1 forcement officer, armed private security profes- 2 sional, or member of the Armed Forces, to the ex- 3 tent the officer, professional, or member is acting 4 within the course and scope of employment and offi- 5 cial duties; 6 ‘‘(B) a transfer that is a loan or bona fide gift 7 between spouses, between domestic partners, be- 8 tween parents and their children, including step-par- 9 ents and their step-children, between siblings, be- 10 tween aunts or uncles and their nieces or nephews, 11 or between grandparents and their grandchildren; 12 ‘‘(C) a transfer to an executor, administrator, 13 trustee, or personal representative of an estate or a 14 trust that occurs by operation of law upon the death 15 of another person; 16 ‘‘(D) a temporary transfer that is necessary to 17 prevent imminent death or great bodily harm, in- 18 cluding harm to self, family, household members, or 19 others, if the possession by the transferee lasts only 20 as long as immediately necessary to prevent the im- 21 minent death or great bodily harm, including the 22 harm of domestic violence, dating partner violence, 23 sexual assault, stalking, and domestic abuse; 24 VerDate Sep 11 2014 00:22 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S494.IS S494 kjohnson on DSK79L0C42PROD with BILLS 4 •S 494 IS ‘‘(E) a transfer that is approved by the Attor- 1 ney General under section 5812 of the Internal Rev- 2 enue Code of 1986; or 3 ‘‘(F) a temporary transfer if the transferor has 4 no reason to believe that the transferee will use or 5 intends to use the firearm in a crime or is prohibited 6 from possessing firearms under State or Federal 7 law, and the transfer takes place and the trans- 8 feree’s possession of the firearm is exclusively— 9 ‘‘(i) at a shooting range or in a shooting 10 gallery or other area designated for the purpose 11 of target shooting; 12 ‘‘(ii) while reasonably necessary for the 13 purposes of hunting, trapping, or fishing, if the 14 transferor— 15 ‘‘(I) has no reason to believe that the 16 transferee intends to use the firearm in a 17 place where it is illegal; and 18 ‘‘(II) has reason to believe that the 19 transferee will comply with all licensing 20 and permit requirements for such hunting, 21 trapping, or fishing; or 22 ‘‘(iii) while in the presence of the trans- 23 feror. 24 VerDate Sep 11 2014 00:22 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S494.IS S494 kjohnson on DSK79L0C42PROD with BILLS 5 •S 494 IS ‘‘(3) It shall be unlawful for a licensed importer, li- 1 censed manufacturer, or licensed dealer to transfer posses- 2 sion of, or title to, a firearm to another person who is 3 not so licensed unless the importer, manufacturer, or deal- 4 er has provided such other person with a notice of the 5 prohibition under paragraph (1), and such other person 6 has certified that such other person has been provided 7 with this notice on a form prescribed by the Attorney Gen- 8 eral.’’. 9 (b) AMENDMENT TO SECTION 924(a).—Section 10 924(a)(5) of title 18, United States Code, is amended by 11 striking ‘‘(s) or (t)’’ and inserting ‘‘(s), (t), or (aa)’’. 12 (c) RULES OF INTERPRETATION.—Nothing in this 13 Act, or any amendment made by this Act, shall be con- 14 strued to— 15 (1) authorize the establishment, directly or indi- 16 rectly, of a national firearms registry; or 17 (2) interfere with the authority of a State, 18 under section 927 of title 18, United States Code, 19 to enact a law on the same subject matter as this 20 Act. 21 (d) EFFECTIVE DATE.—The amendments made by 22 subsections (a) and (b) shall take effect 180 days after 23 the date of enactment of this Act. 24 Æ VerDate Sep 11 2014 00:22 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S494.IS S494 kjohnson on DSK79L0C42PROD with BILLS

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