[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 137 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 137

 To ensure that all individuals who should be prohibited from buying a 
 firearm are listed in the national instant criminal background check 
     system and require a background check for every firearm sale.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2013

  Mrs. McCarthy of New York introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To ensure that all individuals who should be prohibited from buying a 
 firearm are listed in the national instant criminal background check 
     system and require a background check for every firearm sale.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Fix Gun Checks Act 
of 2013''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
 TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM 
  BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND 
                              CHECK SYSTEM

Sec. 101. Penalties for States that do not make data electronically 
                            available to the National Instant Criminal 
                            Background Check System.
Sec. 102. Requirement that Federal agencies certify that they have 
                            submitted to the National Instant Criminal 
                            Background Check System all records 
                            identifying persons prohibited from 
                            purchasing firearms under Federal law.
Sec. 103. Adjudicated as a mental defective; mental health assessment 
                            plan.
Sec. 104. Clarification of the definition of drug abusers and drug 
                            addicts who are prohibited from possessing 
                            firearms.
     TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE

Sec. 201. Purpose.
Sec. 202. Firearms transfers.
Sec. 203. Effective date.

 TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM 
  BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND 
                              CHECK SYSTEM

SEC. 101. PENALTIES FOR STATES THAT DO NOT MAKE DATA ELECTRONICALLY 
              AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND 
              CHECK SYSTEM.

    (a) In General.--Section 104(b) of the NICS Improvement Amendments 
Act of 2007 (18 U.S.C. 922 note) is amended to read as follows:
    ``(b) Penalties.--
            ``(1) Discretionary reduction.--During the 2-year period 
        beginning 3 years after January 8, 2008, the Attorney General 
        may withhold not more than 3 percent of the amount that would 
        otherwise be allocated to a State under section 505 of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3755) if the State provides less than 50 percent of the records 
        required to be provided under sections 102 and 103.
            ``(2) Mandatory reductions.--
                    ``(A) During the 2-year period after the expiration 
                of the period referred to in paragraph (1), the 
                Attorney General shall withhold 4 percent of the amount 
                that would otherwise be allocated to a State under 
                section 505 of the Omnibus Crime Control and Safe 
                Streets Act of 1968 (42 U.S.C. 3755) if the State 
                provides less than 70 percent of the records required 
                to be provided under sections 102 and 103.
                    ``(B) After the expiration of the period referred 
                to in subparagraph (A), the Attorney General shall 
                withhold 5 percent of the amount that would otherwise 
                be allocated to a State under section 505 of the 
                Omnibus Crime Control and Safe Streets Act of 1968 (42 
                U.S.C. 3755), if the State provides less than 90 
                percent of the records required to be provided under 
                sections 102 and 103.''.
    (b) Reporting of State Compliance.--Not later than 1 year after the 
date of enactment of this Act, and every year thereafter, the Attorney 
General shall publish, and make available on a publicly accessible 
website, a report that ranks the States by the ratio of number of 
records submitted by each State under sections 102 and 103 of the NICS 
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to the 
estimated total number of available records of the State.

SEC. 102. REQUIREMENT THAT FEDERAL AGENCIES CERTIFY THAT THEY HAVE 
              SUBMITTED TO THE NATIONAL INSTANT CRIMINAL BACKGROUND 
              CHECK SYSTEM ALL RECORDS IDENTIFYING PERSONS PROHIBITED 
              FROM PURCHASING FIREARMS UNDER FEDERAL LAW.

    Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18 
U.S.C. 922 note) is amended by adding at the end the following:
                    ``(F) Semiannual certification and reporting.--
                            ``(i) In general.--The head of each Federal 
                        department or agency shall submit to the 
                        Attorney General a written certification 
                        indicating whether the department or agency has 
                        provided to the Attorney General the pertinent 
                        information contained in any record of any 
                        person that the department or agency was in 
                        possession of during the time period addressed 
                        by the report demonstrating that the person 
                        falls within a category described in subsection 
                        (g) or (n) of section 922 of title 18, United 
                        States Code.
                            ``(ii) Submission dates.--The head of a 
                        Federal department or agency shall submit a 
                        certification under clause (i)--
                                    ``(I) not later than July 31 of 
                                each year, which shall address any 
                                record the department or agency was in 
                                possession of during the period 
                                beginning on January 1 of the year and 
                                ending on June 30 of the year; and
                                    ``(II) not later than January 31 of 
                                each year, which shall address any 
                                record the department or agency was in 
                                possession of during the period 
                                beginning on July 1 of the previous 
                                year and ending on December 31 of the 
                                previous year.
                            ``(iii) Contents.--A certification required 
                        under clause (i) shall state, for the 
                        applicable period--
                                    ``(I) the number of records of the 
                                Federal department or agency 
                                demonstrating that a person fell within 
                                each of the categories described in 
                                section 922(g) of title 18, United 
                                States Code;
                                    ``(II) the number of records of the 
                                Federal department or agency 
                                demonstrating that a person fell within 
                                the category described in section 
                                922(n) of title 18, United States Code; 
                                and
                                    ``(III) for each category of 
                                records described in subclauses (I) and 
                                (II), the total number of records of 
                                the Federal department or agency that 
                                have been provided to the Attorney 
                                General.''.

SEC. 103. ADJUDICATED AS A MENTAL DEFECTIVE.

    (a) In General.--Section 921(a) of title 18, United States Code, is 
amended by adding at the end the following:
            ``(36) The term `adjudicated as a mental defective' shall--
                    ``(A) have the meaning given the term in section 
                478.11 of title 27, Code of Federal Regulations, or any 
                successor thereto; and
                    ``(B) include an order by a court, board, 
                commission, or other lawful authority that a person, in 
                response to mental illness, incompetency, or marked 
                subnormal intelligence, be compelled to receive 
                services--
                            ``(i) including counseling, medication, or 
                        testing to determine compliance with prescribed 
                        medications; and
                            ``(ii) not including testing for use of 
                        alcohol or for abuse of any controlled 
                        substance or other drug.
            ``(37) The term `committed to a mental institution' shall 
        have the meaning given the term in section 478.11 of title 27, 
        Code of Federal Regulations, or any successor thereto.''.
    (b) Limitation.--An individual who has been adjudicated as a mental 
defective before the effective date described in section 203 may not 
apply for relief from disability under section 101(c)(2) of the NICS 
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) on the basis 
that the individual does not meet the requirements in section 
921(a)(36) of title 18, United States Code, as added by subsection (a).
    (c) NICS Improvement Amendments Act of 2007.--Section 3 of the NICS 
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by 
striking paragraph (2) and inserting the following:
            ``(2) Mental health terms.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the terms `adjudicated as a mental 
                defective' and `committed to a mental institution' 
                shall have the meaning given the terms in section 
                921(a) of title 18, United States Code.
                    ``(B) Exception.--For purposes of sections 102 and 
                103, the terms `adjudicated as a mental defective' and 
                `committed to a mental institution' shall have the same 
                meanings as on the day before the date of enactment of 
                the Fix Gun Checks Act of 2013 until the end of the 2-
                year period beginning on such date of enactment.''.

SEC. 104. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE 
              AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND 
              CHECK SYSTEM.

    Section 103(e)(1) of the Brady Handgun Violence Protection Act (18 
U.S.C. 922 note), as amended by section 102 of this Act, is amended by 
adding at the end the following:
                    ``(G) Application to federal courts.--In this 
                paragraph--
                            ``(i) the terms `department or agency of 
                        the United States' and `Federal department or 
                        agency' include a Federal court; and
                            ``(ii) for purposes of any request, 
                        submission, or notification, the Director of 
                        the Administrative Office of the United States 
                        Courts shall perform the functions of the head 
                        of the department or agency.''.

     TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE

SEC. 201. PURPOSE.

    The purpose of this title is to extend the Brady Law background 
check procedures to all sales and transfers of firearms.

SEC. 202. FIREARMS TRANSFERS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 932. Background checks for firearm transfers by unlicensed 
              persons
    ``(a) Definitions.--In this section--
            ``(1) the term `unlicensed transferee' means a person who--
                    ``(A) is not licensed under this chapter; and
                    ``(B) desires to received a firearm from an 
                unlicensed transferor; and
            ``(2) the term `unlicensed transferor' means a person who--
                    ``(A) is not licensed under this chapter; and
                    ``(B) desires to transfer a firearm to an 
                unlicensed transferee.
    ``(b) Responsibilities of Transferors Other Than Licensees.--
            ``(1) In general.--It shall be unlawful for an unlicensed 
        transferor to transfer a firearm to an unlicensed transferee, 
        unless the firearm is transferred--
                    ``(A)(i) through a licensed dealer under subsection 
                (d);
                    ``(ii) after inspecting a permit that confirms a 
                background check under subsection (f); or
                    ``(iii) in accordance with an exception described 
                in subsection (g); and
                    ``(B) in accordance with paragraph (2).
            ``(2) Criminal background checks.--Except as provided in 
        subsection (g), an unlicensed transferor--
                    ``(A) subject to subparagraph (B), may not transfer 
                a firearm to an unlicensed transferee until--
                            ``(i) the licensed dealer through which the 
                        transfer is made under subsection (d) makes a 
                        notification described in subsection (d)(3)(A); 
                        or
                            ``(ii) the unlicensed transferee has 
                        presented a permit that confirms that a 
                        background check has been conducted, as 
                        described in subsection (f); and
                    ``(B) may not transfer a firearm to an unlicensed 
                transferee if the licensed dealer through which the 
                transfer is made under subsection (d) makes the 
                notification described in subsection (d)(3)(B).
            ``(3) Absence of recordkeeping requirements.--Nothing in 
        this section shall permit or authorize the Attorney General to 
        impose recordkeeping requirements on any unlicensed transferor.
    ``(c) Responsibilities of Transferees Other Than Licensees.--
            ``(1) In general.--It shall be unlawful for an unlicensed 
        transferee to receive a firearm from an unlicensed transferor, 
        unless the firearm is transferred--
                    ``(A)(i) through a licensed dealer under subsection 
                (d);
                    ``(ii) after inspecting a permit that confirms a 
                background check in accordance with subsection (f); or
                    ``(iii) in accordance with an exception described 
                in subsection (g); and
                    ``(B) in accordance with paragraph (2).
            ``(2) Criminal background checks.--Except as provided in 
        subsection (f), an unlicensed transferee--
                    ``(A) subject to subparagraph (B), may not receive 
                a firearm from an unlicensed transferor until--
                            ``(i) the licensed dealer through which the 
                        transfer is made under subsection (d) makes a 
                        notification described in subsection (d)(3)(A); 
                        or
                            ``(ii) the unlicensed transferee has 
                        presented a permit that confirms that a 
                        background check described in subsection (f) 
                        has been conducted; and
                    ``(B) may not receive a firearm from another 
                unlicensed transferor if the licensed dealer through 
                which the transfer is made under subsection (d) makes a 
                notification described in subsection (d)(3)(B).
    ``(d) Background Checks Through Licensed Dealers.--A licensed 
dealer who agrees to assist in the transfer of a firearm between 
unlicensed transferor and an unlicensed transferee shall--
            ``(1) enter such information about the firearm as the 
        Attorney General may require by regulation into a separate 
        bound record;
            ``(2) record the transfer on a form specified by the 
        Attorney General;
            ``(3) comply with section 922(t) as if transferring the 
        firearm from the inventory of the licensed dealer to the 
        unlicensed transferee (except that a licensed dealer assisting 
        in the transfer of a firearm under this subsection shall not be 
        required to comply again with the requirements of section 
        922(t) in delivering the firearm to the unlicensed transferee) 
        and notify the unlicensed transferor and unlicensed 
        transferee--
                    ``(A) of such compliance; and
                    ``(B) if the transfer is subject to the 
                requirements of section 922(t)(1), of any receipt by 
                the licensed dealer of a notification from the national 
                instant criminal background check system that the 
                transfer would violate section 922 or State law;
            ``(4) not later than 31 days after the date on which the 
        transfer occurs, submit to the Attorney General a report of the 
        transfer, which--
                    ``(A) shall be on a form specified by the Attorney 
                General by regulation; and
                    ``(B) shall not include the name of or other 
                identifying information relating to the unlicensed 
                transferor or unlicensed transferee;
            ``(5) if the licensed dealer assists an unlicensed 
        transferor in transferring, at the same time or during any 5 
        consecutive business days, 2 or more pistols or revolvers, or 
        any combination of pistols and revolvers totaling 2 or more, to 
        the same unlicensed transferee, in addition to the reports 
        required under paragraph (4), prepare a report of the multiple 
        transfers, which shall--
                    ``(A) be prepared on a form specified by the 
                Attorney General; and
                    ``(B) not later than the close of business on the 
                date on which the transfer requiring the report under 
                this paragraph occurs, be submitted to--
                            ``(i) the office specified on the form 
                        described in subparagraph (A); and
                            ``(ii) the appropriate State law 
                        enforcement agency of the jurisdiction in which 
                        the transfer occurs; and
            ``(6) retain a record of the transfer as part of the 
        permanent business records of the licensed dealer.
    ``(e) Purchase Permits Confirming Background Checks.--An unlicensed 
transferor may transfer a firearm to an unlicensed transferee if the 
unlicensed transferor verifies that--
            ``(1) the unlicensed transferee has presented to a licensed 
        dealer a permit or license that allows the unlicensed 
        transferee to possess, acquire, or carry a firearm, and the 
        licensed dealer has verified to the unlicensed transferor that 
        the permit or license is valid;
            ``(2) the permit or license was issued not more than 5 
        years before the date on which the permit or license is 
        presented under paragraph (1) by a law enforcement agency in 
        the State in which the transfer is to take place;
            ``(3) the law of the State provides that the permit or 
        license is to be issued only after a law enforcement official 
        has verified that neither the national instant criminal 
        background check system nor other information indicates that 
        possession of a firearm by the unlicensed transferee would be 
        in violation of Federal, State, or local law; and
            ``(4) if the permit or license does not include a 
        photograph of the unlicensed transferee, the unlicensed 
        transferor has examined a valid identification document (as 
        defined in section 1028(d)) of the unlicensed transferee 
        containing a photograph of the unlicensed transferee.
    ``(f) Exceptions.--Unless prohibited by any other provision of law, 
subsections (b) and (c) shall not apply to any transfer of a firearm 
between an unlicensed transferor and unlicensed transferee, if--
            ``(1) the transfer is a bona fide gift between immediate 
        family members, including spouses, parents, children, siblings, 
        grandparents, and grandchildren;
            ``(2) the transfer occurs by operation of law, or because 
        of the death of another person for whom the unlicensed 
        transferor is an executor or administrator of an estate or a 
        trustee of a trust created in a will;
            ``(3) the transfer is temporary and occurs while in the 
        home of the unlicensed transferee, if--
                    ``(A) the unlicensed transferee is not otherwise 
                prohibited from possessing firearms; and
                    ``(B) the unlicensed transferee believes that 
                possession of the firearm is necessary to prevent 
                imminent death or great bodily harm to the unlicensed 
                transferee;
            ``(4) the transfer is approved by the Attorney General 
        under section 5812 of the Internal Revenue Code of 1986; or
            ``(5) upon application of the unlicensed transferor, the 
        Attorney General determined that compliance with subsection (b) 
        is impracticable because--
                    ``(A) the ratio of the number of law enforcement 
                officers of the State in which the transfer is to occur 
                to the number of square miles of land area of the State 
                does not exceed 0.0025;
                    ``(B) the location at which the transfer is to 
                occur is extremely remote in relation to the chief law 
                enforcement officer (as defined in section 922(s)(8)); 
                and
                    ``(C) there is an absence of telecommunications 
                facilities in the geographical area in which the 
                unlicensed transferor is located; or
            ``(6) the transfer is a temporary transfer of possession 
        without transfer of title that takes place--
                    ``(A) at a shooting range located in or on premises 
                owned or occupied by a duly incorporated organization 
                organized for conservation purposes or to foster 
                proficiency in firearms;
                    ``(B) at a target firearm shooting competition 
                under the auspices of or approved by a State agency or 
                nonprofit organization; or
                    ``(C) while hunting, fishing, or trapping, if--
                            ``(i) the activity is legal in all places 
                        where the unlicensed transferee possesses the 
                        firearm; and
                            ``(ii) the unlicensed transferee holds any 
                        required license or permit.
    ``(g) Processing Fees.--A licensed dealer that processes the 
transfer of a firearm under this section may assess and collect a fee, 
in an amount not to exceed $15, with respect to each firearm transfer 
processed.''.
    (b) Penalties.--Section 924(a)(5) of title 18, United States Code, 
is amended by inserting ``or section 932'' after ``section 922''.
    (c) Conforming Amendment.--The table of sections for chapter 44 of 
title 18, United States Code, is amended by adding at the end the 
following:

``932. Background checks for firearm transfers by unlicensed 
                            persons.''.

SEC. 203. EFFECTIVE DATE.

    The amendments made by this Act shall take effect 180 days after 
the date of enactment of this Act.
                                 <all>