110 HR 6676 IH: To amend chapter 44 of title 18, United States Code, to U.S. House of Representatives 2008-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 6676 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.

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.