Jaime’s Law

I 117TH CONGRESS 1ST SESSION H. R. 2715 To prevent the purchase of ammunition by prohibited purchasers. IN THE HOUSE OF REPRESENTATIVES APRIL 20, 2021 Ms. WASSERMAN SCHULTZ (for herself, Mr. BROWN, Mrs. DEMINGS, Mr. DEUTCH, Ms. LOIS FRANKEL of Florida, Mr. JOHNSON of Georgia, Mr. KHANNA, Mr. LYNCH, Mrs. MCBATH, Ms. MOORE of Wisconsin, Mr. NEGUSE, Ms. NORTON, Mr. PASCRELL, Ms. PRESSLEY, Mr. QUIGLEY, Mr. RASKIN, Ms. SCHAKOWSKY, Mr. SWALWELL, Mr. VARGAS, Mrs. WATSON COLEMAN, Ms. KELLY of Illinois, Mr. MOULTON, Ms. ESHOO, Mr. CICILLINE, and Mr. NADLER) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prevent the purchase of ammunition by prohibited purchasers. 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 ‘‘Jaime’s Law’’. 4 SEC. 2. PURPOSE. 5 The purpose of this Act is to enhance the background 6 check process in the United States to prevent the purchase 7 of ammunition by individuals prohibited from doing so. 8 VerDate Sep 11 2014 23:48 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.IH H2715 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2715 IH SEC. 3. TRANSFERS OF FIREARMS OR AMMUNITION. 1 (a) IN GENERAL.—Section 922 of title 18, United 2 States Code, is amended— 3 (1) by striking subsection (s) and redesignating 4 subsection (t) as subsection (s); 5 (2) in subsection (s) (as so redesignated)— 6 (A) by inserting ‘‘or ammunition’’ after 7 ‘‘firearm’’ each place it appears except in para- 8 graph (3); 9 (B) in paragraph (1)(B)(ii), by inserting 10 ‘‘in the case of a firearm,’’ before ‘‘3’’; 11 (C) in paragraph (3)— 12 (i) by striking all that precedes sub- 13 paragraph (B) and inserting the following: 14 ‘‘(3) Paragraph (1) shall not apply to a transfer be- 15 tween a licensee and another person if— 16 ‘‘(A)(i) in the case of a firearm transfer— 17 ‘‘(I) such other person has presented to 18 the licensee a permit that— 19 ‘‘(aa) allows such other person to pos- 20 sess or acquire a firearm; and 21 ‘‘(bb) was issued not more than 5 22 years earlier by the State in which the 23 transfer is to take place; and 24 ‘‘(II) the law of the State provides that 25 such a permit is to be issued only after an au- 26 VerDate Sep 11 2014 23:48 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.IH H2715 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2715 IH thorized government official has verified that 1 the information available to such official does 2 not indicate that possession of a firearm by 3 such other person would be in violation of law; 4 or 5 ‘‘(ii) in the case of an ammunition transfer— 6 ‘‘(I) such other person has presented to 7 the licensee a permit that— 8 ‘‘(aa) allows such other person to pos- 9 sess or acquire ammunition, or to possess 10 or acquire a firearm; and 11 ‘‘(bb) was issued not more than 5 12 years earlier by the State in which the 13 transfer is to take place; and 14 ‘‘(II) the law of the State provides that 15 such a permit is to be issued only after an au- 16 thorized government official has verified that 17 the information available to such official does 18 not indicate that possession of ammunition by 19 such other person would be in violation of 20 law;’’; and 21 (ii) in subparagraph (C)(ii), by strik- 22 ing ‘‘(as defined in subsection (s)(8))’’; and 23 (D) by adding at the end the following: 24 VerDate Sep 11 2014 23:48 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.IH H2715 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2715 IH ‘‘(7) In this subsection, the term ‘chief law enforce- 1 ment officer’ means the chief of police, the sheriff, or an 2 equivalent officer or the designee of any such individual.’’; 3 and 4 (3) by inserting after subsection (s) (as so re- 5 designated) the following: 6 ‘‘(t)(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 ammunition 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 ammunition for the purpose of complying with sub- 12 section (s). 13 ‘‘(B) Upon taking possession of ammunition under 14 subparagraph (A), a licensee shall comply with all require- 15 ments of this chapter as if the licensee were transferring 16 ammunition from the inventory of the licensee to the unli- 17 censed transferee. 18 ‘‘(C) If a transfer of ammunition described in sub- 19 paragraph (A) will not be completed for any reason after 20 a licensee takes possession of the ammunition (including 21 because the transfer of the ammunition to, or receipt of 22 the ammunition by, the transferee would violate this chap- 23 ter), the return of the ammunition to the transferor by 24 VerDate Sep 11 2014 23:48 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.IH H2715 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2715 IH the licensee shall not constitute the transfer of ammuni- 1 tion for purposes of this 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 that is a loan or bona fide gift 10 between spouses, between domestic partners, be- 11 tween parents and their children, between siblings, 12 between aunts or uncles and their nieces or nephews, 13 or between grandparents and their grandchildren; 14 ‘‘(C) a transfer to an executor, administrator, 15 trustee, or personal representative of an estate or a 16 trust that occurs by operation of law upon the death 17 of another person; 18 ‘‘(D) a transfer if the transfer is necessary to 19 prevent imminent death or great bodily harm, if the 20 possession by the transferee lasts only as long as im- 21 mediately necessary to prevent the imminent death 22 or great bodily harm; or 23 ‘‘(E) a transfer, if the transferor has no reason 24 to believe that the transferee will use or intends to 25 VerDate Sep 11 2014 23:48 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.IH H2715 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2715 IH use the ammunition in a crime or is prohibited from 1 possessing ammunition under State or Federal law, 2 and the transfer takes place and the transferee’s 3 possession of the ammunition is exclusively— 4 ‘‘(i) at a shooting range or in a shooting 5 gallery or other area designated for the purpose 6 of target shooting; 7 ‘‘(ii) while reasonably necessary for the 8 purposes of hunting, trapping, or fishing, if the 9 transferor— 10 ‘‘(I) has no reason to believe that the 11 transferee intends to use the ammunition 12 in a place where it is illegal; and 13 ‘‘(II) has reason to believe that the 14 transferee will comply with all licensing 15 and permit requirements for such hunting, 16 trapping, or fishing; or 17 ‘‘(iii) while in the presence of the trans- 18 feror. 19 ‘‘(3)(A) Notwithstanding any other provision of this 20 chapter, the Attorney General may implement this sub- 21 section with regulations. 22 ‘‘(B) Regulations promulgated under this paragraph 23 may not include any provision requiring licensees to facili- 24 tate transfers in accordance with paragraph (1). 25 VerDate Sep 11 2014 23:48 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.IH H2715 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2715 IH ‘‘(C) Regulations promulgated under this paragraph 1 may not include any provision requiring persons not li- 2 censed under this chapter to keep records of background 3 checks of ammunition transfers. 4 ‘‘(D) Regulations promulgated under this paragraph 5 may not include any provision limiting the amount of any 6 fee a licensee may charge to facilitate transfers in accord- 7 ance with paragraph (1). 8 ‘‘(4) It shall be unlawful for a licensed importer, li- 9 censed manufacturer, or licensed dealer to transfer posses- 10 sion of ammunition to another person who is not so li- 11 censed unless the importer, manufacturer, or dealer has 12 provided such other person with a notice of the prohibition 13 under paragraph (1), and such other person has certified 14 that such other person has been provided with this notice 15 on a form prescribed by the Attorney General.’’. 16 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 17 (1) SECTION 922.—Section 922(y)(2) of title 18 18, United States Code, is amended, in the matter 19 preceding subparagraph (A), by striking ‘‘, 20 (g)(5)(B), and (s)(3)(B)(v)(II)’’ and inserting ‘‘and 21 (g)(5)(B)’’. 22 (2) CONSOLIDATED AND FURTHER CONTINUING 23 APPROPRIATIONS ACT, 2012.—Section 511 of title V 24 of division B of the Consolidated and Further Con- 25 VerDate Sep 11 2014 23:48 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.IH H2715 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2715 IH tinuing Appropriations Act, 2012 (34 U.S.C. 40901 1 note) is amended by striking ‘‘subsection 922(t)’’ 2 each place it appears and inserting ‘‘subsection (s) 3 or (t) of section 922’’. 4 SEC. 4. RULES OF CONSTRUCTION. 5 Nothing in this Act, or any amendment made by this 6 Act, shall be construed to— 7 (1) authorize the establishment, directly or indi- 8 rectly, of a national firearms or ammunition reg- 9 istry; or 10 (2) interfere with the authority of a State, 11 under section 927 of title 18, United States Code, 12 to enact a law on the same subject matter as this 13 Act. 14 SEC. 5. EFFECTIVE DATE. 15 This Act and the amendments made by this Act shall 16 take effect 180 days after the date of enactment of this 17 Act. 18 Æ VerDate Sep 11 2014 23:48 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H2715.IH H2715 kjohnson on DSK79L0C42PROD with BILLS