Illegal Alien NICS Alert Act

II 117TH CONGRESS 1ST SESSION S. 1261 To require the national instant criminal background check system to notify U.S. Immigration and Customs Enforcement and the relevant State and local law enforcement agencies whenever information contained in the system indicates that an alien who is illegally or unlawfully in the United States attempted to receive a firearm. IN THE SENATE OF THE UNITED STATES APRIL 21, 2021 Mr. COTTON (for himself, Mrs. BLACKBURN, Ms. ERNST, Mr. HAWLEY, and Mr. TILLIS) introduced the following bill; which was read twice and re- ferred to the Committee on the Judiciary A BILL To require the national instant criminal background check system to notify U.S. Immigration and Customs Enforce- ment and the relevant State and local law enforcement agencies whenever information contained in the system indicates that an alien who is illegally or unlawfully in the United States attempted to receive a firearm. 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 ‘‘Illegal Alien NICS 4 Alert Act’’. 5 VerDate Sep 11 2014 00:11 May 19, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1261.IS S1261 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 1261 IS SEC. 2. REQUIRED NOTIFICATION BY NICS TO ICE AND 1 STATE AND LOCAL LAW ENFORCEMENT 2 AGENCIES OF ATTEMPTED RECEIPT OF FIRE- 3 ARM BY ALIEN WHO IS ILLEGALLY OR UN- 4 LAWFULLY IN THE UNITED STATES. 5 Section 103(e) of the Brady Handgun Violence Pre- 6 vention Act (34 U.S.C. 40901(e)) is amended by adding 7 at the end the following: 8 ‘‘(3) NOTIFICATION TO ICE AND STATE AND 9 LOCAL LAW ENFORCEMENT AGENCIES OF AT- 10 TEMPTED RECEIPT OF FIREARM BY PERSON ILLE- 11 GALLY OR UNLAWFULLY IN THE UNITED STATES.— 12 Whenever information contained in the system es- 13 tablished under this section indicates that a prospec- 14 tive firearm transferee is illegally or unlawfully in 15 the United States, the system shall automatically no- 16 tify U.S. Immigration and Customs Enforcement 17 and relevant State and local law enforcement agen- 18 cies that an alien may have attempted to receive a 19 firearm in violation of section 922(g)(5)(A) of title 20 18, United States Code, and include all relevant in- 21 formation contained in the system.’’. 22 Æ VerDate Sep 11 2014 00:11 May 19, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\S1261.IS S1261 pbinns on DSKJLVW7X2PROD with BILLS