[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5383 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 5383

    To prevent the purchase of ammunition by prohibited purchasers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 22, 2018

   Ms. Wasserman Schultz (for herself, Mr. Hastings, Ms. Norton, Mr. 
Johnson of Georgia, Mr. Sires, Ms. Jayapal, Ms. Frankel of Florida, Ms. 
Schakowsky, Mr. Brendan F. Boyle of Pennsylvania, Ms. Moore, Ms. Eddie 
Bernice Johnson of Texas, Ms. Clark of Massachusetts, Ms. Tsongas, Mr. 
   Courtney, Mr. DeSaulnier, Mr. Cohen, Mr. Yarmuth, Mr. Himes, Ms. 
    Lofgren, Mr. Serrano, Mr. Vargas, Mr. Keating, Mr. Cleaver, Mr. 
 Espaillat, Mr. Lewis of Georgia, Mr. Ruiz, Mr. Takano, Ms. Hanabusa, 
 Mr. Tonko, Mr. Moulton, Mr. Cummings, Mrs. Carolyn B. Maloney of New 
  York, Mrs. Watson Coleman, Ms. Castor of Florida, and Mr. McNerney) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To prevent the purchase of ammunition by prohibited purchasers.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ammunition Background Check Act of 
2018''.

SEC. 2. PURPOSE.

    The purpose of this Act is to enhance the background check process 
in the United States to prevent the purchase of ammunition by 
individuals prohibited from doing so.

SEC. 3. TRANSFERS OF FIREARMS OR AMMUNITION.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended--
            (1) by striking subsection (s) and redesignating subsection 
        (t) as subsection (s);
            (2) in subsection (s) (as so redesignated)--
                    (A) by inserting ``or ammunition'' after 
                ``firearm'' each place it appears except in paragraph 
                (3);
                    (B) in paragraph (1)(B)(ii), by inserting ``in the 
                case of a firearm,'' before ``3'';
                    (C) in paragraph (3)--
                            (i) by striking all that precedes 
                        subparagraph (B) and inserting the following:
    ``(3)(A) Paragraph (1) shall not apply to a transfer between a 
licensee and another person if--
            ``(i) in the case of a firearm transfer--
                    ``(I) such other person has presented to the 
                licensee a permit that--
                            ``(aa) allows such other person to possess 
                        or acquire a firearm; and
                            ``(bb) was issued not more than 5 years 
                        earlier by the State in which the transfer is 
                        to take place; and
                    ``(II) the law of the State provides that such a 
                permit is to be issued only after an authorized 
                government official has verified that the information 
                available to such official does not indicate that 
                possession of a firearm by such other person would be 
                in violation of law; or
            ``(ii) in the case of an ammunition transfer--
                    ``(I) such other person has presented to the 
                licensee a permit that--
                            ``(aa) allows such other person to possess 
                        or acquire ammunition, or to possess or acquire 
                        a firearm; and
                            ``(bb) was issued not more than 5 years 
                        earlier by the State in which the transfer is 
                        to take place; and
                    ``(II) the law of the State provides that such a 
                permit is to be issued only after an authorized 
                government official has verified that the information 
                available to such official does not indicate that 
                possession of ammunition by such other person would be 
                in violation of law;''; and
                            (ii) in subparagraph (C)(ii), by striking 
                        ``(as defined in subsection (s)(8))''; and
                    (D) by adding at the end the following:
    ``(7) In this subsection:
            ``(A) The term `chief law enforcement officer' means the 
        chief of police, the sheriff, or an equivalent officer or the 
        designee of any such individual.
            ``(B) The term `gun show or event' has the meaning given 
        the term in subsection (t)(4).''; and
            (3) by inserting after subsection (s) (as so redesignated) 
        the following:
    ``(t)(1) Beginning on the date that is 180 days after the date of 
the enactment of this subsection and except as provided in paragraph 
(2), it shall be unlawful for any person other than a licensed dealer, 
licensed manufacturer, or licensed importer to complete the transfer of 
ammunition to any other person who is not licensed under this chapter, 
if the transfer occurs--
            ``(A) at a gun show or event, on the curtilage thereof; or
            ``(B) pursuant to an advertisement, posting, display or 
        other listing on the Internet or in a publication by the 
        transferor of the intent of the transferor to transfer, or by 
        the transferee of the intent of the transferee to acquire, the 
        ammunition.
    ``(2) Paragraph (1) shall not apply if--
            ``(A) the transfer is made after a licensed importer, 
        licensed manufacturer, or licensed dealer has first taken 
        possession of the ammunition for the purpose of complying with 
        subsection (s), and on taking possession of the ammunition, the 
        licensee complies with all requirements of this chapter as if 
        the licensee were transferring the ammunition from the business 
        inventory of the licensee to the unlicensed transferee;
            ``(B) the transfer is made between an unlicensed transferor 
        and an unlicensed transferee residing in the same State, which 
        takes place in the State, if--
                    ``(i) the Attorney General certifies that the State 
                has in effect requirements under law that are generally 
                equivalent to the requirements of this subsection; and
                    ``(ii) the transfer is conducted in compliance with 
                the laws of the State;
            ``(C) the transfer is made between spouses, between parents 
        or spouses of parents and their children or spouses of their 
        children, between siblings or spouses of siblings, or between 
        grandparents or spouses of grandparents and their grandchildren 
        or spouses of their grandchildren, or between aunts or uncles 
        or their spouses and their nieces or nephews or their spouses, 
        or between first cousins, if the transferor does not know or 
        have reasonable cause to believe that the transferee is 
        prohibited from receiving or possessing a firearm under 
        Federal, State, or local law; or
            ``(D) the Attorney General has approved the transfer under 
        section 5812 of the Internal Revenue Code of 1986.
    ``(3)(A) Notwithstanding any other provision of this chapter, 
except for section 923(m), the Attorney General may implement this 
subsection with regulations.
    ``(B) Regulations promulgated under this paragraph may not include 
any provision requiring licensees to facilitate transfers in accordance 
with paragraph (2)(A).
    ``(C) Regulations promulgated under this paragraph may not include 
any provision requiring persons not licensed under this chapter to keep 
records of background checks of ammunition transfers.
    ``(D) Regulations promulgated under this paragraph may not include 
any provision limiting the amount of any fee a licensee may charge to 
facilitate a transfer in accordance with paragraph (2)(A).
    ``(4) In this subsection, the term `gun show or event'--
            ``(A) means any event at which 75 or more firearms are 
        offered or exhibited for sale, exchange, or transfer, if 1 or 
        more of the firearms has been shipped or transported in, or if 
        the event otherwise affects, interstate or foreign commerce; 
        and
            ``(B) does not include an offer or exhibit of firearms for 
        sale, exchange, or transfer by an individual from the personal 
        collection of the individual, at the private residence of the 
        individual, if the individual is not required to be licensed 
        under section 923.''.
    (b) Prohibition of National Ammunition Registry.--Section 923 of 
such title is amended by adding at the end the following:
    ``(m) The Attorney General may not consolidate or centralize the 
records of the--
            ``(1) acquisition or disposition of ammunition, or any 
        portion thereof, maintained by--
                    ``(A) a person with a valid, current license issued 
                under this chapter; or
                    ``(B) an unlicensed transferor under section 
                922(t); or
            ``(2) possession or ownership of ammunition, maintained by 
        any medical or health insurance entity.''.
    (c) Technical and Conforming Amendments.--
            (1) Section 922.--Section 922(y)(2) of title 18, United 
        States Code, is amended, in the matter preceding subparagraph 
        (A), by striking ``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and 
        inserting ``and (g)(5)(B)''.
            (2) Consolidated and further continuing appropriations act, 
        2012.--Section 511 of title V of division B of the Consolidated 
        and Further Continuing Appropriations Act, 2012 (34 U.S.C. 
        40901 note) is amended by striking ``subsection 922(t)'' each 
        place it appears and inserting ``subsection (s) or (t) of 
        section 922''.

SEC. 4. PENALTIES.

    Section 924 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking ``(s) or (t) of 
                section 922'' and inserting ``section 922(s)''; and
                    (B) by adding at the end the following:
    ``(8) Whoever makes or attempts to transfer ammunition in violation 
of section 922(t) to a person not licensed under this chapter who is 
prohibited from receiving ammunition by subsection (g) or (n) of 
section 922 or State law, to a law enforcement officer, or to a person 
acting at the direction of, or with the approval of, a law enforcement 
officer authorized to investigate or prosecute a violation of section 
922(t), shall be fined under this title, imprisoned not more than 5 
years, or both.''; and
            (2) by adding at the end the following:
    ``(q) Improper Use of Storage of Records.--Any person who knowingly 
violates section 923(m) shall be fined under this title, imprisoned not 
more than 15 years, or both.''.

SEC. 5. RULES OF CONSTRUCTION.

    (a) Nothing in this Act or an amendment made by this Act (except 
the amendments made by section 3(a)(2)) shall be construed to extend 
background check requirements to transfers other than those made at gun 
shows or on the curtilage thereof, or pursuant to an advertisement, 
posting, display, or other listing on the Internet or in a publication 
by the transferor of the intent of the transferor to transfer, or the 
transferee of the intent of the transferee to acquire, the ammunition.
    (b) Nothing in this Act or an amendment made by this Act shall be 
construed to extend background check requirements to transfers of 
ammunition for purposes of lawful hunting or sporting by a transferee 
in the presence of, or on the premises of, the transferor, or to 
possession of ammunition for purposes of examination or evaluation by a 
prospective transferee in the presence of, or on the premises of, the 
transferor.

SEC. 6. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
180 days after the date of enactment of this Act.
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