[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1112 Reported in House (RH)]

<DOC>





                                                   Union Calendar No. 4
116th CONGRESS
  1st Session
                                H. R. 1112

                          [Report No. 116-12]

To amend chapter 44 of title 18, United States Code, to strengthen the 
 background check procedures to be followed before a Federal firearms 
licensee may transfer a firearm to a person who is not such a licensee.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2019

  Mr. Clyburn (for himself, Mr. King of New York, and Mr. Cunningham) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

                           February 22, 2019

   Additional sponsors: Ms. Omar, Mr. Rouda, Ms. Ocasio-Cortez, Mr. 
    Sherman, Mr. Schneider, Mr. Levin of Michigan, Mr. Raskin, Mr. 
 Cicilline, Mr. Danny K. Davis of Illinois, Mrs. Demings, Mr. Suozzi, 
                     Mr. Malinowski, and Mr. Khanna

                           February 22, 2019

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 8, 2019]


_______________________________________________________________________

                                 A BILL


 
To amend chapter 44 of title 18, United States Code, to strengthen the 
 background check procedures to be followed before a Federal firearms 
licensee may transfer a firearm to a person who is not such a licensee.


 


    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 ``Enhanced Background Checks Act of 
2019''.

SEC. 2. STRENGTHENING OF BACKGROUND CHECK PROCEDURES TO BE FOLLOWED 
              BEFORE A FEDERAL FIREARMS LICENSEE MAY TRANSFER A FIREARM 
              TO A PERSON WHO IS NOT SUCH A LICENSEE.

    Section 922(t)(1)(B)(ii) of title 18, United States Code is 
amended--
            (1) in paragraph (1)(B), by striking clause (ii) and 
        inserting the following:
            ``(ii) in the event the system has not notified the 
        licensee that the receipt of a firearm by such other person 
        would violate subsection (g) or (n) of this section--
                    ``(I) not fewer than 10 business days (meaning a 
                day on which State offices are open) has elapsed since 
                the licensee contacted the system, and the system has 
                not notified the licensee that the receipt of a firearm 
                by such other person would violate subsection (g) or 
                (n) of this section, and the other person has 
                submitted, electronically through a website established 
                by the Attorney General or by first-class mail, a 
                petition for review which--
                            ``(aa) certifies that such other person has 
                        no reason to believe that such other person is 
                        prohibited by Federal, State, or local law from 
                        purchasing or possessing a firearm; and
                            ``(bb) requests that the system respond to 
                        the contact referred to in subparagraph (A) 
                        within 10 business days after the date the 
                        petition was submitted (or, if the petition is 
                        submitted by first-class mail, the date the 
                        letter containing the petition is postmarked); 
                        and
                    ``(II) 10 business days have elapsed since the 
                other person so submitted the petition, and the system 
                has not notified the licensee that the receipt of a 
                firearm by such other person would violate subsection 
                (g) or (n) of this section; and''; and
            (2) by adding at the end the following:
            ``(7) The Attorney General shall--
                    ``(A) prescribe the form on which a petition shall 
                be submitted pursuant to paragraph (1)(B)(ii);
                    ``(B) make the form available electronically, and 
                provide a copy of the form to all licensees referred to 
                in paragraph (1);
                    ``(C) provide the petitioner and the licensee 
                involved written notice of receipt of the petition, 
                either electronically or by first-class mail; and
                    ``(D) respond on an expedited basis to any such 
                petition received by the Attorney General.''.

SEC. 3. NEW TERMINOLOGY FOR THOSE WITH MENTAL ILLNESS.

    Section 922 of title 18, United States Code, is amended in each of 
subsections (d)(4) and (g)(4) by striking ``adjudicated as a mental 
defective'' and inserting ``adjudicated with mental illness, severe 
developmental disability, or severe emotional instability''.
                                                   Union Calendar No. 4

116th CONGRESS

  1st Session

                               H. R. 1112

                          [Report No. 116-12]

_______________________________________________________________________

                                 A BILL

To amend chapter 44 of title 18, United States Code, to strengthen the 
 background check procedures to be followed before a Federal firearms 
licensee may transfer a firearm to a person who is not such a licensee.

_______________________________________________________________________

                           February 22, 2019

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed