Jaime’s Law

I 116TH CONGRESS 1ST SESSION H. R. 1705 To prevent the purchase of ammunition by prohibited purchasers. IN THE HOUSE OF REPRESENTATIVES MARCH 13, 2019 Ms. WASSERMAN SCHULTZ (for herself, Mr. CICILLINE, Ms. CLARKE of New York, Mr. COHEN, Ms. DELAURO, Mr. JOHNSON of Georgia, Mr. KRISHNAMOORTHI, Mr. LYNCH, Mr. MCNERNEY, Ms. MOORE, Ms. NOR- TON, Mr. PALLONE, Ms. SCHAKOWSKY, Mr. SERRANO, Mrs. WATSON COLEMAN, Ms. DEAN, Mr. KHANNA, Mr. DEUTCH, Mr. MOULTON, Ms. ROYBAL-ALLARD, Ms. KELLY of Illinois, Mr. CUMMINGS, Miss RICE of New York, Mr. ENGEL, Mr. RUSH, Ms. JACKSON LEE, Ms. FRANKEL, Mr. SOTO, Mr. RASKIN, Ms. MUCARSEL-POWELL, Mr. CLEAVER, Mr. ESPAILLAT, Mrs. LOWEY, Mr. PASCRELL, Ms. HAALAND, Mr. HASTINGS, Mr. NORCROSS, Mr. TAKANO, Mrs. NAPOLITANO, Mr. BRENDAN F. BOYLE of Pennsylvania, Ms. LOFGREN, Mrs. MCBATH, Mr. CRIST, Mr. CISNEROS, Mr. NADLER, Mr. BROWN of Maryland, Ms. ESHOO, Ms. PRESSLEY, Mr. SWALWELL of California, Mr. LEVIN of California, Mr. QUIGLEY, Ms. CLARK of Massachusetts, Mrs. DEMINGS, Mr. VARGAS, and Mr. KENNEDY) 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 VerDate Sep 11 2014 01:59 Mar 28, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1705 IH SEC. 2. PURPOSE. 1 The purpose of this Act is to enhance the background 2 check process in the United States to prevent the purchase 3 of ammunition by individuals prohibited from doing so. 4 SEC. 3. TRANSFERS OF FIREARMS OR AMMUNITION. 5 (a) IN GENERAL.—Section 922 of title 18, United 6 States Code, is amended— 7 (1) by striking subsection (s) and redesignating 8 subsection (t) as subsection (s); 9 (2) in subsection (s) (as so redesignated)— 10 (A) by inserting ‘‘or ammunition’’ after 11 ‘‘firearm’’ each place it appears except in para- 12 graph (3); 13 (B) in paragraph (1)(B)(ii), by inserting 14 ‘‘in the case of a firearm,’’ before ‘‘3’’; 15 (C) in paragraph (3)— 16 (i) by striking all that precedes sub- 17 paragraph (B) and inserting the following: 18 ‘‘(3) Paragraph (1) shall not apply to a transfer be- 19 tween a licensee and another person if— 20 ‘‘(A)(i) in the case of a firearm transfer— 21 ‘‘(I) such other person has presented to 22 the licensee a permit that— 23 ‘‘(aa) allows such other person to pos- 24 sess or acquire a firearm; and 25 VerDate Sep 11 2014 01:59 Mar 28, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1705 IH ‘‘(bb) was issued not more than 5 1 years earlier by the State in which the 2 transfer is to take place; and 3 ‘‘(II) the law of the State provides that 4 such a permit is to be issued only after an au- 5 thorized government official has verified that 6 the information available to such official does 7 not indicate that possession of a firearm by 8 such other person would be in violation of law; 9 or 10 ‘‘(ii) in the case of an ammunition transfer— 11 ‘‘(I) such other person has presented to 12 the licensee a permit that— 13 ‘‘(aa) allows such other person to pos- 14 sess or acquire ammunition, or to possess 15 or acquire a firearm; and 16 ‘‘(bb) was issued not more than 5 17 years earlier by the State in which the 18 transfer is to take place; and 19 ‘‘(II) the law of the State provides that 20 such a permit is to be issued only after an au- 21 thorized government official has verified that 22 the information available to such official does 23 not indicate that possession of ammunition by 24 VerDate Sep 11 2014 01:59 Mar 28, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1705 IH such other person would be in violation of 1 law;’’; and 2 (ii) in subparagraph (C)(ii), by strik- 3 ing ‘‘(as defined in subsection (s)(8))’’; and 4 (D) by adding at the end the following: 5 ‘‘(7) In this subsection, the term ‘chief law enforce- 6 ment officer’ means the chief of police, the sheriff, or an 7 equivalent officer or the designee of any such individual.’’; 8 and 9 (3) by inserting after subsection (s) (as so re- 10 designated) the following: 11 ‘‘(t)(1)(A) It shall be unlawful for any person who 12 is not a licensed importer, licensed manufacturer, or li- 13 censed dealer to transfer ammunition to any other person 14 who is not so licensed, unless a licensed importer, licensed 15 manufacturer, or licensed dealer has first taken possession 16 of the ammunition for the purpose of complying with sub- 17 section (s). 18 ‘‘(B) Upon taking possession of ammunition under 19 subparagraph (A), a licensee shall comply with all require- 20 ments of this chapter as if the licensee were transferring 21 ammunition from the inventory of the licensee to the unli- 22 censed transferee. 23 ‘‘(C) If a transfer of ammunition described in sub- 24 paragraph (A) will not be completed for any reason after 25 VerDate Sep 11 2014 01:59 Mar 28, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705 pbinns on DSK79D2C42PROD with BILLS 5 •HR 1705 IH a licensee takes possession of the ammunition (including 1 because the transfer of the ammunition to, or receipt of 2 the ammunition by, the transferee would violate this chap- 3 ter), the return of the ammunition to the transferor by 4 the licensee shall not constitute the transfer of ammuni- 5 tion for purposes of this chapter. 6 ‘‘(2) Paragraph (1) shall not apply to— 7 ‘‘(A) a law enforcement agency or any law en- 8 forcement officer, armed private security profes- 9 sional, or member of the armed forces, to the extent 10 the officer, professional, or member is acting within 11 the course and scope of employment and official du- 12 ties; 13 ‘‘(B) a transfer that is a loan or bona fide gift 14 between spouses, between domestic partners, be- 15 tween parents and their children, between siblings, 16 between aunts or uncles and their nieces or nephews, 17 or between grandparents and their grandchildren; 18 ‘‘(C) a transfer to an executor, administrator, 19 trustee, or personal representative of an estate or a 20 trust that occurs by operation of law upon the death 21 of another person; 22 ‘‘(D) a transfer if the transfer is necessary to 23 prevent imminent death or great bodily harm, if the 24 possession by the transferee lasts only as long as im- 25 VerDate Sep 11 2014 01:59 Mar 28, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705 pbinns on DSK79D2C42PROD with BILLS 6 •HR 1705 IH mediately necessary to prevent the imminent death 1 or great bodily harm; or 2 ‘‘(E) a transfer, if the transferor has no reason 3 to believe that the transferee will use or intends to 4 use the ammunition in a crime or is prohibited from 5 possessing ammunition under State or Federal law, 6 and the transfer takes place and the transferee’s 7 possession of the ammunition is exclusively— 8 ‘‘(i) at a shooting range or in a shooting 9 gallery or other area designated for the purpose 10 of target shooting; 11 ‘‘(ii) while reasonably necessary for the 12 purposes of hunting, trapping, or fishing, if the 13 transferor— 14 ‘‘(I) has no reason to believe that the 15 transferee intends to use the ammunition 16 in a place where it is illegal; and 17 ‘‘(II) has reason to believe that the 18 transferee will comply with all licensing 19 and permit requirements for such hunting, 20 trapping, or fishing; or 21 ‘‘(iii) while in the presence of the trans- 22 feror. 23 VerDate Sep 11 2014 01:59 Mar 28, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705 pbinns on DSK79D2C42PROD with BILLS 7 •HR 1705 IH ‘‘(3)(A) Notwithstanding any other provision of this 1 chapter, the Attorney General may implement this sub- 2 section with regulations. 3 ‘‘(B) Regulations promulgated under this paragraph 4 may not include any provision requiring licensees to facili- 5 tate transfers in accordance with paragraph (1). 6 ‘‘(C) Regulations promulgated under this paragraph 7 may not include any provision requiring persons not li- 8 censed under this chapter to keep records of background 9 checks of ammunition transfers. 10 ‘‘(D) Regulations promulgated under this paragraph 11 may not include any provision limiting the amount of any 12 fee a licensee may charge to facilitate transfers in accord- 13 ance with paragraph (1). 14 ‘‘(4) It shall be unlawful for a licensed importer, li- 15 censed manufacturer, or licensed dealer to transfer posses- 16 sion of ammunition to another person who is not so li- 17 censed unless the importer, manufacturer, or dealer has 18 provided such other person with a notice of the prohibition 19 under paragraph (1), and such other person has certified 20 that such other person has been provided with this notice 21 on a form prescribed by the Attorney General.’’. 22 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 23 (1) SECTION 922.—Section 922(y)(2) of title 24 18, United States Code, is amended, in the matter 25 VerDate Sep 11 2014 01:59 Mar 28, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705 pbinns on DSK79D2C42PROD with BILLS 8 •HR 1705 IH preceding subparagraph (A), by striking ‘‘, 1 (g)(5)(B), and (s)(3)(B)(v)(II)’’ and inserting ‘‘and 2 (g)(5)(B)’’. 3 (2) CONSOLIDATED AND FURTHER CONTINUING 4 APPROPRIATIONS ACT, 2012.—Section 511 of title V 5 of division B of the Consolidated and Further Con- 6 tinuing Appropriations Act, 2012 (34 U.S.C. 40901 7 note) is amended by striking ‘‘subsection 922(t)’’ 8 each place it appears and inserting ‘‘subsection (s) 9 or (t) of section 922’’. 10 SEC. 4. RULES OF CONSTRUCTION. 11 Nothing in this Act, or any amendment made by this 12 Act, shall be construed to— 13 (1) authorize the establishment, directly or indi- 14 rectly, of a national firearms or ammunition reg- 15 istry; or 16 (2) interfere with the authority of a State, 17 under section 927 of title 18, United States Code, 18 to enact a law on the same subject matter as this 19 Act. 20 SEC. 5. EFFECTIVE DATE. 21 This title and the amendments made by this title 22 shall take effect 180 days after the date of enactment of 23 this Act. 24 Æ VerDate Sep 11 2014 01:59 Mar 28, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H1705.IH H1705 pbinns on DSK79D2C42PROD with BILLS