Keeping Guns From Criminals Act

I 116TH CONGRESS 2D SESSION H. R. 8821 To provide an incentive for firearm owners to sell their firearms safely and responsibly. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 27, 2020 Mr. BEYER introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide an incentive for firearm owners to sell their firearms safely and responsibly. 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 ‘‘Keeping Guns From 4 Criminals Act’’. 5 VerDate Sep 11 2014 04:32 Dec 02, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8821.IH H8821 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 8821 IH SEC. 2. PROHIBITION ON SALE OR OTHER DISPOSITION OF 1 A FIREARM TO A PROHIBITED PERSON MADE 2 INTO A STRICT LIABILITY CRIME WITH AF- 3 FIRMATIVE DEFENSES. 4 (a) IN GENERAL.—Section 922(d) of title 18, United 5 States Code, is amended— 6 (1) in the first sentence— 7 (A) in the matter preceding paragraph (1), 8 by striking ‘‘any person knowing or having rea- 9 sonable cause to believe that such person’’ and 10 inserting ‘‘another person who’’; 11 (B) in each of paragraphs (5) and (7), by 12 striking ‘‘who,’’; and 13 (C) in paragraph (6), by striking ‘‘who’’; 14 and 15 (2) by adding at the end the following: ‘‘It shall 16 be an affirmative defense to a prosecution under this 17 subsection that the defendant can prove by a pre- 18 ponderance of the evidence that, at the time of the 19 sale or other disposition of the firearm, the National 20 Instant Criminal Background Check System estab- 21 lished under section 103 of the Brady Handgun Vio- 22 lence Prevention Act had indicated to any person 23 that a sale or other disposition of a firearm to the 24 recipient would not be unlawful, or the recipient pos- 25 sessed a valid permit, issued to the recipient by the 26 VerDate Sep 11 2014 21:54 Dec 02, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8821.IH H8821 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 8821 IH State in which the sale or other disposition occurred, 1 which authorizes the carrying of a concealed weapon, 2 unless the defendant knew or had reasonable cause 3 to believe that this subsection prohibited the sale or 4 disposition of a firearm or ammunition to the recipi- 5 ent or that subsection (g) prohibited the recipient 6 from receiving a firearm or ammunition which has 7 been shipped or transported in interstate or foreign 8 commerce.’’. 9 (b) CONFORMING AMENDMENTS.—Section 924(a)(2) 10 of such title is amended— 11 (1) by striking ‘‘(d),’’; and 12 (2) by inserting ‘‘, or violates subsection (d),’’ 13 before ‘‘of section 922’’. 14 SEC. 3. EFFECTIVE DATE. 15 The amendments made by this Act shall apply to con- 16 duct engaged in after the 90-day period that begins with 17 the date of the enactment of this Act. 18 Æ VerDate Sep 11 2014 04:32 Dec 02, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H8821.IH H8821 kjohnson on DSK79L0C42PROD with BILLS