Illegal Alien NICS Alert Act

I 118TH CONGRESS 1ST SESSION H. R. 28 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 the information available to the system indicates that a person illegally or unlawfully in the United States may be attempting to receive a firearm. IN THE HOUSE OF REPRESENTATIVES JANUARY 9, 2023 Mr. STEUBE (for himself, Mr. RESCHENTHALER, and Mr. FITZGERALD) intro- duced the following bill; which was referred to the Committee on the Ju- diciary 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 the information available to the sys- tem indicates that a person illegally or unlawfully in the United States may be attempting to receive a fire- arm. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:57 Jan 11, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H28.IH H28 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 28 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Illegal Alien NICS 2 Alert Act’’. 3 SEC. 2. REQUIREMENT THAT NICS NOTIFY ICE AND STATE 4 AND LOCAL LAW ENFORCEMENT AGENCIES 5 OF ATTEMPTED RECEIPT OF FIREARM BY 6 PERSON ILLEGALLY OR UNLAWFULLY IN THE 7 UNITED STATES. 8 Section 103(e) of the Brady Handgun Violence Pre- 9 vention Act (34 U.S.C. 40901(e)) is amended by adding 10 at the end the following: 11 ‘‘(3) REQUIREMENT TO NOTIFY ICE AND STATE 12 AND LOCAL LAW ENFORCEMENT AGENCIES OF AT- 13 TEMPTED RECEIPT OF FIREARM BY PERSON ILLE- 14 GALLY OR UNLAWFULLY IN THE UNITED STATES.— 15 The Attorney General shall ensure that, whenever 16 the information available to the system established 17 under this section indicates that a prospective fire- 18 arm transferee is illegally or unlawfully in the 19 United States, the system shall transmit to the Im- 20 migration and Customs Enforcement Agency and to 21 relevant State and local law enforcement agencies a 22 notice that the person may have attempted to receive 23 a firearm in violation of section 922(g)(5) of title 24 18, United States Code, and shall include with the 25 VerDate Sep 11 2014 22:57 Jan 11, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H28.IH H28 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 28 IH notice all relevant information possessed by the sys- 1 tem.’’. 2 Æ VerDate Sep 11 2014 22:57 Jan 11, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H28.IH H28 pbinns on DSKJLVW7X2PROD with $$_JOB