Bipartisan Background Checks Act of 2019

II Calendar No. 29 116TH CONGRESS 1ST SESSION H. R. 8 IN THE SENATE OF THE UNITED STATES FEBRUARY 28, 2019 Received; read the first time MARCH 4, 2019 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 2019’’. 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 viduals prohibited from gun possession are not able to ob- 9 tain firearms. 10 VerDate Sep 11 2014 22:29 Mar 04, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8 pamtmann on DSKBFK8HB2PROD with BILLS 2 HR 8 PCS SEC. 3. FIREARMS TRANSFERS. 1 Section 922 of title 18, United States Code, is 2 amended— 3 (1) by striking subsection (s); 4 (2) by redesignating subsection (t) as sub- 5 section (s); and 6 (3) by inserting after subsection (s), as redesig- 7 nated, the following: 8 ‘‘(t)(1)(A) It shall be unlawful for any person who 9 is not a licensed importer, licensed manufacturer, or li- 10 censed dealer to transfer a firearm to any other person 11 who is not so licensed, unless a licensed importer, licensed 12 manufacturer, or licensed dealer has first taken possession 13 of the firearm for the purpose of complying with sub- 14 section (s). 15 ‘‘(B) Upon taking possession of a firearm under sub- 16 paragraph (A), a licensee shall comply with all require- 17 ments of this chapter as if the licensee were transferring 18 the firearm from the inventory of the licensee to the unli- 19 censed transferee. 20 ‘‘(C) If a transfer of a firearm described in subpara- 21 graph (A) will not be completed for any reason after a 22 licensee takes possession of the firearm (including because 23 the transfer of the firearm to, or receipt of the firearm 24 by, the transferee would violate this chapter), the return 25 of the firearm to the transferor by the licensee shall not 26 VerDate Sep 11 2014 22:29 Mar 04, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8 pamtmann on DSKBFK8HB2PROD 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 that is a loan or bona fide gift 10 between spouses, between domestic partners, be- 11 tween parents and their children, including step-par- 12 ents and their step-children, between siblings, be- 13 tween aunts or uncles and their nieces or nephews, 14 or between grandparents and their grandchildren, if 15 the transferor has no reason to believe that the 16 transferee will use or intends to use the firearm in 17 a crime or is prohibited from possessing firearms 18 under State or Federal law; 19 ‘‘(C) a transfer to an executor, administrator, 20 trustee, or personal representative of an estate or a 21 trust that occurs by operation of law upon the death 22 of another person; 23 ‘‘(D) a temporary transfer that is necessary to 24 prevent imminent death or great bodily harm, in- 25 VerDate Sep 11 2014 22:29 Mar 04, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8 pamtmann on DSKBFK8HB2PROD with BILLS 4 HR 8 PCS cluding harm to self, family, household members, or 1 others, if the possession by the transferee lasts only 2 as long as immediately necessary to prevent the im- 3 minent death or great bodily harm, including the 4 harm of domestic violence, dating partner violence, 5 sexual assault, stalking, and domestic abuse; 6 ‘‘(E) a transfer that is approved by the Attor- 7 ney General under section 5812 of the Internal Rev- 8 enue Code of 1986; or 9 ‘‘(F) a temporary transfer if the transferor has 10 no reason to believe that the transferee will use or 11 intends to use the firearm in a crime or is prohibited 12 from possessing firearms under State or Federal 13 law, and the transfer takes place and the trans- 14 feree’s possession of the firearm is exclusively— 15 ‘‘(i) at a shooting range or in a shooting 16 gallery or other area designated for the purpose 17 of target shooting; 18 ‘‘(ii) while reasonably necessary for the 19 purposes of hunting, trapping, or fishing, if the 20 transferor— 21 ‘‘(I) has no reason to believe that the 22 transferee intends to use the firearm in a 23 place where it is illegal; and 24 VerDate Sep 11 2014 22:29 Mar 04, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8 pamtmann on DSKBFK8HB2PROD with BILLS 5 HR 8 PCS ‘‘(II) has reason to believe that the 1 transferee will comply with all licensing 2 and permit requirements for such hunting, 3 trapping, or fishing; or 4 ‘‘(iii) while in the presence of the trans- 5 feror. 6 ‘‘(3)(A) Notwithstanding any other provision of this 7 chapter, the Attorney General may implement this sub- 8 section with regulations. 9 ‘‘(B) Regulations promulgated under this paragraph 10 may not include any provision requiring licensees to facili- 11 tate transfers in accordance with paragraph (1). 12 ‘‘(C) Regulations promulgated under this paragraph 13 may not include any provision requiring persons not li- 14 censed under this chapter to keep records of background 15 checks or firearms transfers. 16 ‘‘(D) Regulations promulgated under this paragraph 17 may not include any provision placing a cap on the fee 18 licensees may charge to facilitate transfers in accordance 19 with paragraph (1). 20 ‘‘(E) Regulations promulgated under this paragraph 21 shall include, in the case of a background check conducted 22 by the national instant criminal background check system 23 in response to a contact from a licensed importer, licensed 24 manufacturer, or licensed dealer, which background check 25 VerDate Sep 11 2014 22:29 Mar 04, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8 pamtmann on DSKBFK8HB2PROD with BILLS 6 HR 8 PCS indicates that the receipt of a firearm by a person would 1 violate subsection (g)(5), a requirement that the system 2 notify U.S. Immigration and Customs Enforcement. 3 ‘‘(4) It shall be unlawful for a licensed importer, li- 4 censed manufacturer, or licensed dealer to transfer posses- 5 sion of, or title to, a firearm to another person who is 6 not so licensed unless the importer, manufacturer, or deal- 7 er has provided such other person with a notice of the 8 prohibition under paragraph (1), and such other person 9 has certified that such other person has been provided 10 with this notice on a form prescribed by the Attorney Gen- 11 eral.’’. 12 SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. 13 (a) SECTION 922.—Section 922(y)(2) of title 18, 14 United States Code, is amended in the matter preceding 15 subparagraph (A) by striking ‘‘, (g)(5)(B), and 16 (s)(3)(B)(v)(II)’’ and inserting ‘‘and (g)(5)(B)’’. 17 (b) CONSOLIDATED AND FURTHER CONTINUING AP- 18 PROPRIATIONS ACT, 2012.—Section 511 of title V of divi- 19 sion B of the Consolidated and Further Continuing Appro- 20 priations Act, 2012 (18 U.S.C. 922 note) is amended by 21 striking ‘‘subsection 922(t)’’ each place it appears and in- 22 serting ‘‘subsection (s) or (t) of section 922’’. 23 VerDate Sep 11 2014 22:29 Mar 04, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8 pamtmann on DSKBFK8HB2PROD with BILLS 7 HR 8 PCS SEC. 5. RULE OF CONSTRUCTION. 1 Nothing in this Act, or any amendment made by this 2 Act, shall be construed to— 3 (1) authorize the establishment, directly or indi- 4 rectly, of a national firearms registry; or 5 (2) interfere with the authority of a State, 6 under section 927 of title 18, United States Code, 7 to enact a law on the same subject matter as this 8 Act. 9 SEC. 6. EFFECTIVE DATE. 10 The amendments made by this Act shall take effect 11 210 days after the date of the enactment of this Act. 12 Passed the House of Representatives February 27, 2019. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 22:29 Mar 04, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8.PCS H8 pamtmann on DSKBFK8HB2PROD with BILLS Calendar No. 29 116TH CONGRESS 1ST SESSION H. R. 8 AN ACT To require a background check for every firearm sale. MARCH 4, 2019 Read the second time and placed on the calendar VerDate Sep 11 2014 22:29 Mar 04, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H8.PCS H8 pamtmann on DSKBFK8HB2PROD with BILLS