[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6676 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6676

    To amend chapter 44 of title 18, United States Code, to require 
   background checks for employees authorized to possess or transfer 
 firearms or ammunition in the course of a licensed firearms business.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2008

  Mrs. McCarthy of New York (for herself, Mr. Kirk, Mr. Conyers, Mr. 
Moran of Virginia, Mr. Shays, Mr. Rangel, Mr. Castle, Mr. Rothman, and 
 Mr. Kennedy) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend chapter 44 of title 18, United States Code, to require 
   background checks for employees authorized to possess or transfer 
 firearms or ammunition in the course of a licensed firearms business.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. BACKGROUND CHECKS REQUIRED FOR EMPLOYEES AUTHORIZED TO 
              POSSESS OR TRANSFER FIREARMS OR AMMUNITION IN THE COURSE 
              OF A LICENSED FIREARM BUSINESS.

    (a) In General.--Section 923 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(m)(1)(A) It shall be unlawful for a licensed dealer to authorize 
an employee hired by the employer on or after the effective date of 
this subsection to possess or transfer a firearm or ammunition in the 
course of employment with the licensed dealer, unless the licensed 
dealer has received from the Attorney General a notice that the 
Attorney General has determined that receipt of a firearm by the 
employee would not be unlawful.
    ``(B) Beginning 3 months after the effective date of this 
subsection, it shall be unlawful for a licensed dealer to authorize an 
employee hired by the employer before the effective date of this 
subsection, to possess or transfer a firearm or ammunition in the 
course of employment with the licensed dealer, unless the licensed 
dealer has received from the Attorney General a notice that the 
Attorney General has determined that receipt of a firearm by the 
employee would not be unlawful.
    ``(2) The Attorney General may temporarily waive the applicability 
of paragraph (1) to an employer with respect to an employee about whom 
the employer has submitted to the Attorney General the information 
described in paragraph (3) if the Attorney General determines that the 
Attorney General will be unable to make a determination under paragraph 
(3) with respect to the employee in a timely manner.
    ``(3)(A) If the Attorney General receives from a licensed dealer 
the name and other identifying information of an employee who will be 
authorized by the licensed dealer to possess or transfer a firearm in 
the course of employment with the licensed dealer, the Attorney General 
shall determine whether it would be unlawful for the employee to 
receive a firearm under Federal law or under the law of any State or 
locality in which the employee may be so authorized. In making the 
determination, the Attorney General may take into account a letter or 
document issued under subparagraph (B).
    ``(B)(i) If the Attorney General determines that such a receipt of 
a firearm by the employee would not be unlawful, the Attorney General 
shall notify the licensed dealer in writing or electronically of the 
determination, and issue to the employee a letter of clearance, which 
confirms the determination.
    ``(ii) If the Attorney General determines that such a receipt of a 
firearm by the employee would be unlawful, the Attorney General shall 
notify the licensed dealer in writing or electronically of the 
determination, and issue to the employee a document that--
            ``(I) confirms the determination;
            ``(II) explains the grounds for the determination;
            ``(III) provides information on how the disability may be 
        relieved; and
            ``(IV) explains how the determination may be appealed.''.
    (b) Penalties.--
            (1) Administrative.--Section 923(e) of such title is 
        amended by inserting ``knowingly violated subsection (m)(1) 
        or'' before ``willfully violated''.
            (2) Criminal.--Section 924(a)(1)(D) of such title is 
        amended by inserting ``knowingly violates section 923(m)(1) 
        or'' before ``willfully''.
    (c) Correction of Erroneous System Information.--Section 103(g) of 
the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) is 
amended--
            (1) by inserting ``or by an employee of the individual'' 
        after ``transferee'' the 1st place it appears; and
            (2) by inserting ``or employee, as the case may be,'' after 
        ``transferee'' each subsequent place it appears.
    (d) Effective Date.--The amendment made by this section shall apply 
to conduct engaged in after the 3-month period that begins with the 
date of the enactment of this Act.
                                 <all>