[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 282 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 282
To improve public safety through sensible reforms to firearms
regulations.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 8, 2019
Mrs. Beatty (for herself, Ms. Norton, Ms. McCollum, and Mrs. Hayes)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To improve public safety through sensible reforms to firearms
regulations.
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 ``Safer America for Everyone Right Now
Act'' or the ``SAFER Now Act''.
SEC. 2. DEFINITIONS.
Section 921(a) of title 18, United States Code, is amended--
(1) by inserting after paragraph (29) the following:
``(30) The term `semiautomatic pistol' means any repeating pistol
that--
``(A) utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round; and
``(B) requires a separate pull of the trigger to fire each
cartridge.
``(31) The term `semiautomatic shotgun' means any repeating shotgun
that--
``(A) utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round; and
``(B) requires a separate pull of the trigger to fire each
cartridge.''; and
(2) by adding at the end the following:
``(36) The term `semiautomatic assault weapon' means any of the
following, regardless of country of manufacture or caliber of
ammunition accepted:
``(A) A semiautomatic rifle that has the capacity to accept
a detachable magazine and any one of the following:
``(i) A pistol grip.
``(ii) A forward grip.
``(iii) A folding, telescoping, or detachable
stock.
``(iv) A grenade launcher or rocket launcher.
``(v) A barrel shroud.
``(vi) A threaded barrel.
``(B) A semiautomatic rifle that has a fixed magazine with
the capacity to accept more than 10 rounds, except for an
attached tubular device designed to accept, and capable of
operating only with, .22 caliber rimfire ammunition.
``(C) Any part, combination of parts, component, device,
attachment, or accessory that is designed or functions to
accelerate the rate of fire of a semiautomatic rifle but not
convert the semiautomatic rifle into a machinegun.
``(D) A semiautomatic pistol that has the capacity to
accept a detachable magazine and any one of the following:
``(i) A threaded barrel.
``(ii) A second pistol grip.
``(iii) A barrel shroud.
``(iv) The capacity to accept a detachable magazine
at some location outside of the pistol grip.
``(v) A semiautomatic version of an automatic
firearm.
``(E) A semiautomatic pistol with a fixed magazine that has
the capacity to accept more than 10 rounds.
``(F) A semiautomatic shotgun that has any one of the
following:
``(i) A folding, telescoping, or detachable stock.
``(ii) A pistol grip.
``(iii) A fixed magazine with the capacity to
accept more than 5 rounds.
``(iv) The ability to accept a detachable magazine.
``(v) A forward grip.
``(vi) A grenade launcher or rocket launcher.
``(G) Any shotgun with a revolving cylinder.
``(H) All of the following rifles, copies, duplicates,
variants, or altered facsimiles with the capability of any such
weapon thereof:
``(i) All AK types, including the following:
``(I) AK, AK47, AK47S, AK-74, AKM, AKS,
ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms
LAR-47, SA85, SA93, Vector Arms AK-47, VEPR,
WASR-10, and WUM.
``(II) IZHMASH Saiga AK.
``(III) MAADI AK47 and ARM.
``(IV) Norinco 56S, 56S2, 84S, and 86S.
``(V) Poly Technologies AK47 and AKS.
``(ii) All AR types, including the following:
``(I) AR-10.
``(II) AR-15.
``(III) Alexander Arms Overmatch Plus 16.
``(IV) Armalite M15 22LR Carbine.
``(V) Armalite M15-T.
``(VI) Barrett REC7.
``(VII) Beretta AR-70.
``(VIII) Black Rain Ordnance Recon Scout.
``(IX) Bushmaster ACR.
``(X) Bushmaster Carbon 15.
``(XI) Bushmaster MOE series.
``(XII) Bushmaster XM15.
``(XIII) Chiappa Firearms MFour rifles.
``(XIV) Colt Match Target rifles.
``(XV) CORE Rifle Systems CORE15 rifles.
``(XVI) Daniel Defense M4A1 rifles.
``(XVII) Devil Dog Arms 15 Series rifles.
``(XVIII) Diamondback DB15 rifles.
``(XIX) DoubleStar AR rifles.
``(XX) DPMS Tactical rifles.
``(XXI) DSA Inc. ZM-4 Carbine.
``(XXII) Heckler & Koch MR556.
``(XXIII) High Standard HSA-15 rifles.
``(XXIV) Jesse James Nomad AR-15 rifle.
``(XXV) Knight's Armament SR-15.
``(XXVI) Lancer L15 rifles.
``(XXVII) MGI Hydra Series rifles.
``(XXVIII) Mossberg MMR Tactical rifles.
``(XXIX) Noreen Firearms BN 36 rifle.
``(XXX) Olympic Arms.
``(XXXI) POF USA P415.
``(XXXII) Precision Firearms AR rifles.
``(XXXIII) Remington R-15 rifles.
``(XXXIV) Rhino Arms AR rifles.
``(XXXV) Rock River Arms LAR-15.
``(XXXVI) Sig Sauer SIG516 rifles and MCX
rifles.
``(XXXVII) SKS with a detachable magazine.
``(XXXVIII) Smith & Wesson M&P15 rifles.
``(XXXIX) Stag Arms AR rifles.
``(XL) Sturm, Ruger & Co. SR556 and AR-556
rifles.
``(XLI) Uselton Arms Air-Lite M-4 rifles.
``(XLII) Windham Weaponry AR rifles.
``(XLIII) WMD Guns Big Beast.
``(XLIV) Yankee Hill Machine Company, Inc.
YHM-15 rifles.
``(iii) Barrett M107A1.
``(iv) Barrett M82A1.
``(v) Beretta CX4 Storm.
``(vi) Calico Liberty Series.
``(vii) CETME Sporter.
``(viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
AR 110C.
``(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
``(x) Feather Industries AT-9.
``(xi) Galil Model AR and Model ARM.
``(xii) Hi-Point Carbine.
``(xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
``(xiv) IWI TAVOR, Galil ACE rifle.
``(xv) Kel-Tec Sub-2000, SU-16, and RFB.
``(xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig
Sauer SG 551, and SIG MCX.
``(xvii) Springfield Armory SAR-48.
``(xviii) Steyr AUG.
``(xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
M-14/20CF.
``(xx) All Thompson rifles, including the
following:
``(I) Thompson M1SB.
``(II) Thompson T1100D.
``(III) Thompson T150D.
``(IV) Thompson T1B.
``(V) Thompson T1B100D.
``(VI) Thompson T1B50D.
``(VII) Thompson T1BSB.
``(VIII) Thompson T1-C.
``(IX) Thompson T1D.
``(X) Thompson T1SB.
``(XI) Thompson T5.
``(XII) Thompson T5100D.
``(XIII) Thompson TM1.
``(XIV) Thompson TM1C.
``(xxi) UMAREX UZI rifle.
``(xxii) UZI Mini Carbine, UZI Model A Carbine, and
UZI Model B Carbine.
``(xxiii) Valmet M62S, M71S, and M78.
``(xxiv) Vector Arms UZI Type.
``(xxv) Weaver Arms Nighthawk.
``(xxvi) Wilkinson Arms Linda Carbine.
``(I) All of the following pistols, copies, duplicates,
variants, or altered facsimiles with the capability of any such
weapon thereof:
``(i) All AK-47 types, including the following:
``(I) Centurion 39 AK pistol.
``(II) CZ Scorpion pistol.
``(III) Draco AK-47 pistol.
``(IV) HCR AK-47 pistol.
``(V) IO Inc. Hellpup AK-47 pistol.
``(VI) Krinkov pistol.
``(VII) Mini Draco AK-47 pistol.
``(VIII) PAP M92 pistol.
``(IX) Yugo Krebs Krink pistol.
``(ii) All AR-15 types, including the following:
``(I) American Spirit AR-15 pistol.
``(II) Bushmaster Carbon 15 pistol.
``(III) Chiappa Firearms M4 Pistol GEN II.
``(IV) CORE Rifle Systems CORE15 Roscoe
pistol.
``(V) Daniel Defense MK18 pistol.
``(VI) DoubleStar Corporation AR pistol.
``(VII) DPMS AR-15 pistol.
``(VIII) Jesse James Nomad AR-15 pistol.
``(IX) Olympic Arms AR-15 pistol.
``(X) Osprey Armament MK-18 pistol.
``(XI) POF USA AR pistols.
``(XII) Rock River Arms LAR 15 pistol.
``(XIII) Uselton Arms Air-Lite M-4 pistol.
``(iii) Calico Liberty pistols.
``(iv) DSA SA58 PKP FAL pistol.
``(v) Encom MP-9 and MP-45.
``(vi) Heckler & Koch model SP-89 pistol.
``(vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and
TEC-DC9.
``(viii) IWI Galil Ace pistol, UZI PRO pistol.
``(ix) Kel-Tec PLR 16 pistol.
``(x) The following MAC types:
``(I) MAC-10.
``(II) MAC-11.
``(III) Masterpiece Arms MPA A930 Mini
Pistol, MPA460 Pistol, MPA Tactical Pistol, and
MPA Mini Tactical Pistol.
``(IV) Military Armament Corp. Ingram M-11.
``(V) Velocity Arms VMAC.
``(xi) Sig Sauer P556 pistol.
``(xii) Sites Spectre.
``(xiii) All Thompson types, including the
following:
``(I) Thompson TA510D.
``(II) Thompson TA5.
``(xiv) All UZI types, including Micro-UZI.
``(J) All of the following shotguns, copies, duplicates,
variants, or altered facsimiles with the capability of any such
weapon thereof:
``(i) DERYA Anakon MC-1980, Anakon SD12.
``(ii) Doruk Lethal shotguns.
``(iii) Franchi LAW-12 and SPAS 12.
``(iv) All IZHMASH Saiga 12 types, including the
following:
``(I) IZHMASH Saiga 12.
``(II) IZHMASH Saiga 12S.
``(III) IZHMASH Saiga 12S EXP-01.
``(IV) IZHMASH Saiga 12K.
``(V) IZHMASH Saiga 12K-030.
``(VI) IZHMASH Saiga 12K-040 Taktika.
``(v) Streetsweeper.
``(vi) Striker 12.
``(K) All belt-fed semiautomatic firearms, including TNW
M2HB and FN M2495.
``(L) Any combination of parts from which a firearm
described in subparagraphs (A) through (K) can be assembled.
``(M) The frame or receiver of a rifle or shotgun described
in subparagraph (A), (B), (C), (F), (G), (H), (J), or (K).
``(37) The term `large capacity ammunition feeding device'--
``(A) means a magazine, belt, drum, feed strip, or similar
device, including any such device joined or coupled with
another in any manner, that has an overall capacity of, or that
can be readily restored, changed, or converted to accept, more
than 10 rounds of ammunition; and
``(B) does not include an attached tubular device designed
to accept, and capable of operating only with, .22 caliber
rimfire ammunition.
``(38) The term `barrel shroud'--
``(A) means a shroud that is attached to, or partially or
completely encircles, the barrel of a firearm so that the
shroud protects the user of the firearm from heat generated by
the barrel; and
``(B) does not include--
``(i) a slide that partially or completely encloses
the barrel; or
``(ii) an extension of the stock along the bottom
of the barrel which does not encircle or substantially
encircle the barrel.
``(39) The term `detachable magazine' means an ammunition feeding
device that can be removed from a firearm without disassembly of the
firearm action.
``(40) The term `fixed magazine' means an ammunition feeding device
that is permanently fixed to the firearm in such a manner that it
cannot be removed without disassembly of the firearm.
``(41) The term `folding, telescoping, or detachable stock' means a
stock that folds, telescopes, detaches or otherwise operates to reduce
the length, size, or any other dimension, or otherwise enhances the
concealability, of a firearm.
``(42) The term `forward grip' means a grip located forward of the
trigger that functions as a pistol grip.
``(43) The term `rocket' means any simple or complex tubelike
device containing combustibles that on being ignited liberate gases
whose action propels the tube through the air and has a propellant
charge of not more than 4 ounces.
``(44) The term `grenade launcher or rocket launcher' means an
attachment for use on a firearm that is designed to propel a grenade,
rocket, or other similar destructive device.
``(45) The term `permanently inoperable' means a firearm which is
incapable of discharging a shot by means of an explosive and incapable
of being readily restored to a firing condition.
``(46) The term `pistol grip' means a grip, a thumbhole stock, or
any other characteristic that can function as a grip.
``(47) The term `threaded barrel' means a feature or characteristic
that is designed in such a manner to allow for the attachment of a
device such as a firearm silencer or a flash suppressor.
``(48) The term `qualified law enforcement officer' has the meaning
given the term in section 926B.
``(49) The term `grandfathered semiautomatic assault weapon' means
any semiautomatic assault weapon the importation, possession, sale, or
transfer of which would be unlawful under section 922(v) but for the
exception under paragraph (2) of such section.
``(50) The term `belt-fed semiautomatic firearm' means any
repeating firearm that--
``(A) utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round;
``(B) requires a separate pull of the trigger to fire each
cartridge; and
``(C) has the capacity to accept a belt ammunition feeding
device.
``(51) Gun Show.--The term `gun show'--
``(A) means any event at which 50 or more firearms are
offered or exhibited for sale, exchange, or transfer, if one or
more of the firearms has been shipped or transported in, or
otherwise affects, interstate or foreign commerce;
``(B) does not include an offer or exhibit of firearms for
sale, exchange, or transfer by an individual from the personal
collection of that individual, at the private residence of that
individual, if the individual is not required to be licensed
under section 923; and
``(C) does not include an offer or exhibit of firearms for
sale, exchange, or transfer at events--
``(i) where not more than 100 firearms are offered
or exhibited for sale, exchange or transfer;
``(ii) that are conducted by private, not-for-
profit organizations whose primary purpose is owning
and maintaining real property for the purpose of
hunting activities; and
``(iii) that are attended only by permanent or
annual dues-paying members of the organizations, and
the members of the immediate families of the dues-
paying members.
``(52) Gun Show Vendor.--The term `gun show vendor' means a person
who is not licensed under section 923 and who exhibits, sells, offers
for sale, transfers, or exchanges a firearm at a gun show, regardless
of whether or not the person arranges with the gun show operator for a
fixed location from which to exhibit, sell, offer for sale, transfer,
or exchange the firearm.''.
SEC. 3. PROHIBITION ON FIREARMS DEALERS SELLING A FIREARM PRIOR TO THE
COMPLETION OF A BACKGROUND CHECK.
Section 922(t)(1)(B) of title 18, United States Code, is amended--
(1) by striking ``(i)'';
(2) by striking ``; or'' and inserting ``; and''; and
(3) by striking clause (ii).
SEC. 4. RESTRICTIONS ON ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION
FEEDING DEVICES.
(a) In General.--Section 922 of title 18, United States Code, is
amended--
(1) by inserting after subsection (u) the following:
``(v)(1) It shall be unlawful for a person to import, sell,
manufacture, transfer, or possess, in or affecting interstate or
foreign commerce, a semiautomatic assault weapon.
``(2) Paragraph (1) shall not apply to the possession, sale, or
transfer of any semiautomatic assault weapon otherwise lawfully
possessed under Federal law on the date of enactment of the Safer
America for Everyone Right Now Act.
``(3) Paragraph (1) shall not apply to any firearm that--
``(A) is manually operated by bolt, pump, lever, or slide
action;
``(B) has been rendered permanently inoperable; or
``(C) is an antique firearm, as defined in section 921 of
this title.
``(4) Paragraph (1) shall not apply to--
``(A) the importation for, manufacture for, sale to,
transfer to, or possession by the United States or a department
or agency of the United States or a State or a department,
agency, or political subdivision of a State, or a sale or
transfer to or possession by a qualified law enforcement
officer employed by the United States or a department or agency
of the United States or a State or a department, agency, or
political subdivision of a State, for purposes of law
enforcement (whether on or off duty), or a sale or transfer to
or possession by a campus law enforcement officer for purposes
of law enforcement (whether on or off duty);
``(B) the importation for, or sale or transfer to a
licensee under title I of the Atomic Energy Act of 1954 for
purposes of establishing and maintaining an on-site physical
protection system and security organization required by Federal
law, or possession by an employee or contractor of such
licensee on-site for such purposes or off-site for purposes of
licensee-authorized training or transportation of nuclear
materials;
``(C) the possession, by an individual who is retired in
good standing from service with a law enforcement agency and is
not otherwise prohibited from receiving a firearm, of a
semiautomatic assault weapon--
``(i) sold or transferred to the individual by the
agency upon such retirement; or
``(ii) that the individual purchased, or otherwise
obtained, for official use before such retirement; or
``(D) the importation, sale, manufacture, transfer, or
possession of a semiautomatic assault weapon by a licensed
manufacturer or licensed importer for the purposes of testing
or experimentation authorized by the Attorney General.
``(5) For purposes of paragraph (4)(A), the term `campus law
enforcement officer' means an individual who is--
``(A) employed by a private institution of higher education
that is eligible for funding under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.);
``(B) responsible for the prevention or investigation of
crime involving injury to persons or property, including
apprehension or detention of persons for such crimes;
``(C) authorized by Federal, State, or local law to carry a
firearm, execute search warrants, and make arrests; and
``(D) recognized, commissioned, or certified by a
government entity as a law enforcement officer.
``(6) The Attorney General shall establish and maintain, in a
timely manner, a record of the make, model, and, if available, date of
manufacture of any semiautomatic assault weapon which the Attorney
General is made aware has been used in relation to a crime under
Federal or State law, and the nature and circumstances of the crime
involved, including the outcome of relevant criminal investigations and
proceedings. The Attorney General shall annually submit a copy of the
record established under this paragraph to the Congress and make the
record available to the general public.
``(w)(1) It shall be unlawful for a person to import, sell,
manufacture, transfer, or possess, in or affecting interstate or
foreign commerce, a large capacity ammunition feeding device.
``(2) Paragraph (1) shall not apply to the possession of any large
capacity ammunition feeding device otherwise lawfully possessed on or
before the date of enactment of the Safer America for Everyone Right
Now Act.
``(3) Paragraph (1) shall not apply to--
``(A) the importation for, manufacture for, sale to,
transfer to, or possession by the United States or a department
or agency of the United States or a State or a department,
agency, or political subdivision of a State, or a sale or
transfer to or possession by a qualified law enforcement
officer employed by the United States or a department or agency
of the United States or a State or a department, agency, or
political subdivision of a State for purposes of law
enforcement (whether on or off duty), or a sale or transfer to
or possession by a campus law enforcement officer for purposes
of law enforcement (whether on or off duty);
``(B) the importation for, or sale or transfer to a
licensee under title I of the Atomic Energy Act of 1954 for
purposes of establishing and maintaining an on-site physical
protection system and security organization required by Federal
law, or possession by an employee or contractor of such
licensee on-site for such purposes or off-site for purposes of
licensee-authorized training or transportation of nuclear
materials;
``(C) the possession, by an individual who is retired in
good standing from service with a law enforcement agency and is
not otherwise prohibited from receiving ammunition, of a large
capacity ammunition feeding device--
``(i) sold or transferred to the individual by the
agency upon such retirement; or
``(ii) that the individual purchased, or otherwise
obtained, for official use before such retirement; or
``(D) the importation, sale, manufacture, transfer, or
possession of any large capacity ammunition feeding device by a
licensed manufacturer or licensed importer for the purposes of
testing or experimentation authorized by the Attorney General.
``(4) For purposes of paragraph (3)(A), the term `campus law
enforcement officer' means an individual who is--
``(A) employed by a private institution of higher education
that is eligible for funding under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.);
``(B) responsible for the prevention or investigation of
crime involving injury to persons or property, including
apprehension or detention of persons for such crimes;
``(C) authorized by Federal, State, or local law to carry a
firearm, execute search warrants, and make arrests; and
``(D) recognized, commissioned, or certified by a
government entity as a law enforcement officer.''; and
(2) by adding at the end the following:
``(aa) Secure Storage or Safety Device Requirement for
Grandfathered Semiautomatic Assault Weapons.--It shall be unlawful for
any person, other than a licensed importer, licensed manufacturer, or
licensed dealer, to store or keep under the dominion or control of that
person any grandfathered semiautomatic assault weapon that the person
knows, or has reasonable cause to believe, will be accessible to an
individual prohibited from receiving or possessing a firearm under
subsection (g), (n), or (x), or any provision of State law, unless the
grandfathered semiautomatic assault weapon is--
``(1) carried on the person, or within such close proximity
that the person can readily retrieve and use the grandfathered
semiautomatic assault weapon as if the grandfathered
semiautomatic assault weapon were carried on the person; or
``(2) locked by a secure gun storage or safety device that
the prohibited individual has no ability to access.''.
(b) Identification Markings for Semiautomatic Assault Weapons.--
Section 923(i) of title 18, United States Code, is amended by adding at
the end the following: ``The serial number of any semiautomatic assault
weapon manufactured after the date of enactment of the Safer America
for Everyone Right Now Act shall clearly show the date on which the
weapon was manufactured or made, legibly and conspicuously engraved or
cast on the weapon, and such other identification as the Attorney
General shall by regulations prescribe.''.
(c) Identification Markings for Large Capacity Ammunition Feeding
Devices.--Section 923(i) of title 18, United States Code, as amended by
this Act, is amended by adding at the end the following: ``A large
capacity ammunition feeding device manufactured after the date of
enactment of the Safer America for Everyone Right Now Act shall be
identified by a serial number and the date on which the device was
manufactured or made, legibly and conspicuously engraved or cast on the
device, and such other identification as the Attorney General shall by
regulations prescribe.''.
(d) Seizure and Forfeiture of Large Capacity Ammunition Feeding
Devices.--Section 924(d) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``or large capacity ammunition
feeding device'' after ``firearm or ammunition'' each
time it appears;
(B) by inserting ``or large capacity ammunition
feeding device'' after ``firearms or ammunition'' each
time it appears; and
(C) by striking ``or (k)'' and inserting ``(k),
(r), (v), or (w)'';
(2) in paragraph (2)(C), by inserting ``or large capacity
ammunition feeding devices'' after ``firearms or quantities of
ammunition''; and
(3) in paragraph (3)(E), by inserting ``922(r), 922(v),
922(w),'' after ``922(n),''.
(e) Penalties.--Section 924(a)(1)(B) of title 18, United States
Code, is amended by striking ``or (q) of section 922'' and inserting
``(q), (r), (v), (w), or (aa) of section 922''.
SEC. 5. BACKGROUND CHECKS FOR TRANSFERS OF GRANDFATHERED SEMIAUTOMATIC
ASSAULT WEAPONS.
(a) In General.--Section 922 of title 18, United States Code, as
amended by the preceding provisions of this Act, is amended--
(1) by repealing subsection (s);
(2) by redesignating subsection (t) as subsection (s);
(3) in subsection (s), as redesignated--
(A) in paragraph (3)(C)(ii), by striking ``(as
defined in subsection (s)(8))''; and
(B) by adding at the end the following:
``(7) In this subsection, the term `chief law enforcement
officer' means the chief of police, the sheriff, or an
equivalent officer or the designee of any such individual.'';
and
(4) by inserting after subsection (s), as redesignated, the
following:
``(t)(1) Beginning on the date that is 90 days after the date of
enactment of the Safer America for Everyone Right Now Act, it shall be
unlawful for any person who is not licensed under this chapter to
transfer a grandfathered semiautomatic assault weapon to any other
person who is not licensed under this chapter, unless a licensed
importer, licensed manufacturer, or licensed dealer has first taken
custody of the grandfathered semiautomatic assault weapon for the
purpose of complying with subsection (s). Upon taking custody of the
grandfathered semiautomatic assault weapon, the licensee shall comply
with all requirements of this chapter as if the licensee were
transferring the grandfathered semiautomatic assault weapon from the
licensee's inventory to the unlicensed transferee.
``(2) Paragraph (1) shall not apply to a temporary transfer of
possession for the purpose of participating in target shooting in a
licensed target facility or established range if--
``(A) the grandfathered semiautomatic assault weapon is, at
all times, kept within the premises of the target facility or
range; and
``(B) the transferee is not known to be prohibited from
possessing or receiving a grandfathered semiautomatic assault
weapon.
``(3) For purposes of this subsection, the term `transfer'--
``(A) shall include a sale, gift, or loan; and
``(B) does not include temporary custody of the
grandfathered semiautomatic assault weapon for purposes of
examination or evaluation by a prospective transferee.
``(4)(A) Notwithstanding any other provision of this chapter, the
Attorney General may implement this subsection with regulations.
``(B) Regulations promulgated under this paragraph--
``(i) shall include a provision setting a maximum fee that
may be charged by licensees for services provided in accordance
with paragraph (1); and
``(ii) shall not include any provision imposing
recordkeeping requirements on any unlicensed transferor or
requiring licensees to facilitate transfers in accordance with
paragraph (1).''.
(b) 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) Section 925a.--Section 925A of title 18, United States
Code, is amended, in the matter preceding paragraph (1), by
striking ``subsection (s) or (t) of section 922'' and inserting
``section 922(s)''.
(c) Effective Date.--The amendments made by this section shall take
effect 90 days after the date of enactment of this Act.
SEC. 6. NOTIFICATION TO LAW ENFORCEMENT AGENCIES OF PROHIBITED PURCHASE
OR ATTEMPTED PURCHASE OF A FIREARM.
(a) In General.--Title I of the NICS Improvement Amendments Act of
2007 (34 U.S.C. 40911-40916) is amended by adding at the end the
following:
``SEC. 108. NOTIFICATION TO LAW ENFORCEMENT AGENCIES OF PROHIBITED
PURCHASE OR ATTEMPTED PURCHASE OF A GRANDFATHERED
SEMIAUTOMATIC ASSAULT WEAPON.
``(a) In General.--In the case of a background check conducted by
the National Instant Criminal Background Check System pursuant to the
request of a licensed importer, licensed manufacturer, or licensed
dealer of firearms (as such terms are defined in section 921 of title
18, United States Code), which background check determines that the
receipt of a grandfathered semiautomatic assault weapon (as defined in
section 921(a)(49) of title 18, United States Code) by a person would
violate subsection (g) or (n) of section 922 of title 18, United States
Code, the System shall notify the law enforcement agencies described in
subsection (b), including in a case where such a determination is made
after 14 business days have elapsed since the licensee contacted the
System.
``(b) Law Enforcement Agencies Described.--The law enforcement
agencies described in this subsection are the law enforcement agencies
that have jurisdiction over the location from which the licensee
contacted the System and the law enforcement agencies that have
jurisdiction over the location of the residence of the person for which
the background check was conducted, as follows:
``(1) The field office of the Federal Bureau of
Investigation.
``(2) The local law enforcement agency.
``(3) The State law enforcement agency.''.
(b) Clerical Amendment.--Section 1(b) of such Act (Public Law 110-
180; 121 Stat. 2559) is amended by inserting after the item relating to
section 107 the following:
``108. Notification to law enforcement agencies of prohibited purchase
or attempted purchase of a firearm.''.
SEC. 7. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR SEMIAUTOMATIC
ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING
DEVICES.
Section 501(a)(1) of the Omnibus Crime Control and Safe Streets Act
of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at the end the
following:
``(I) Compensation for surrendered semiautomatic
assault weapons and large capacity ammunition feeding
devices, as those terms are defined in section 921 of
title 18, United States Code, under buy-back programs
for semiautomatic assault weapons and large capacity
ammunition feeding devices.''.
SEC. 8. GUN SHOW BACKGROUND CHECK.
(a) Regulation of Firearms Transfers at Gun Shows.--
(1) In general.--Chapter 44 of such title is amended by
adding at the end the following:
``Sec. 932. Regulation of firearms transfers at gun shows
``(a) Registration of Gun Show Operators.--It shall be unlawful for
a person to operate a gun show, unless--
``(1) the person has attained 21 years of age;
``(2) the person (and, if the person is a corporation,
partnership, or association, each individual possessing,
directly or indirectly, the power to direct or cause the
direction of the management and policies of the corporation,
partnership, or association) is not prohibited by subsection
(g) or (n) of section 922 from transporting, shipping, or
receiving firearms or ammunition in interstate or foreign
commerce;
``(3) the person has not willfully violated any provision
of this chapter or regulation issued under this chapter;
``(4) the person has registered with the Attorney General
as a gun show operator, in accordance with regulations
promulgated by the Attorney General, and as part of the
registration--
``(A) has provided the Attorney General with a
photograph and the fingerprints of the person; and
``(B) has certified that the person meets the
requirements of subparagraphs (A) through (D) of
section 923(d)(1);
``(5) the person has not willfully failed to disclose any
material information required, and has not made any false
statement as to any material fact, in connection with the
registration; and
``(6) the person has paid the Attorney General a fee for
the registration, in an amount determined by the Attorney
General.
``(b) Responsibilities of Gun Show Operators.--
``(1) In general.--It shall be unlawful for a person to
operate a gun show, unless the person--
``(A) not later than 30 days before the
commencement of the gun show, notifies the Attorney
General, in writing, of the date, time, duration, and
location of the gun show, and the identity of each
person who will be a gun show vendor at the gun show;
``(B) before commencement of the gun show--
``(i) verifies the identity of each
individual who will be a gun show vendor at the
gun show by examining a valid identification
document (as defined in section 1028(d)(4)) of
the individual containing a photograph of the
individual; and
``(ii) requires each such individual to
sign--
``(I) a ledger, and enter into the
ledger identifying information
concerning the individual; and
``(II) a notice which sets forth
the obligations of a gun show vendor
under this chapter; and
``(C) notifies each person who attends the gun show
of the requirements of this chapter, in accordance with
such regulations as the Attorney General shall
prescribe.
``(2) Recordkeeping.--A person who operates, or has
operated, a gun show shall maintain records demonstrating
compliance with paragraph (1)(B), at such place, for such
period of time, and in such form as the Attorney General shall
require by regulation, or transmit the records to the Attorney
General.
``(c) Background Check Required Before Transfer of Firearm Between
Unlicensed Persons.--It shall be unlawful for a person who is not
licensed under this chapter to transfer possession of, or title to, a
firearm at, or on the curtilage of, a gun show, to another person who
is not so licensed, or for a person who is not so licensed to receive
possession of, or title to, a firearm at, or on the curtilage of, a gun
show from another person who is not so licensed, unless a licensed
importer, licensed manufacturer, or licensed dealer--
``(1) has entered into a separate bound record the make,
model, and serial number of the firearm, and such other
information about the transaction as the Attorney General may
require by regulation; and
``(2) has notified the prospective transferor and
prospective transferee of the firearm that the national instant
criminal background check system established under section 103
of the Brady Handgun Violence Prevention Act has provided the
licensee with a unique identification number, indicating that
receipt of the firearm by the prospective transferee would not
violate section 922 of this title or State law.
``(d) Recordkeeping Requirements.--
``(1) In general.--A licensee who provides a notice
pursuant to subsection (c)(2) with respect to the transfer of a
firearm shall--
``(A) not later than 10 days after the date of the
transfer, submit to the Attorney General a report of
the transfer, which report shall specify the make,
model, and serial number of the firearm, and contain
such other information and be on such form, as the
Attorney General shall require by regulation, except
that the report shall not include the name of or other
identifying information relating to any person involved
in the transfer who is not licensed under this chapter;
and
``(B) retain a record of the transfer, including
the same information as would be required if the
transfer were from the inventory of the licensee, as
part of the permanent business records of the licensee.
``(2) Limitation.--The Attorney General may not impose any
recordkeeping requirement on any gun show vendor by reason of
this section.''.
(2) Penalties.--Section 924(a) of such title is amended by
adding at the end the following:
``(8)(A) Whoever knowingly violates subsection (a) or (d) of
section 932 shall be fined under this title, imprisoned not more than 5
years, or both.
``(B) Whoever knowingly violates subsection (b) or (c) of section
932, shall be--
``(i) fined under this title, imprisoned not more than 2
years, or both; and
``(ii) in the case of a second or subsequent conviction,
fined under this title, imprisoned not more than 5 years, or
both.
``(C) In addition to any other penalties imposed under this
paragraph, the Attorney General may, with respect to any person who
knowingly violates any provision of section 932--
``(i) if the person is registered pursuant to section
932(a), after notice and opportunity for a hearing, suspend for
not more than 6 months or revoke the registration of that
person under section 932(a); and
``(ii) impose a civil fine in an amount equal to not more
than $10,000.''.
(3) Clerical amendment.--The table of contents for such
chapter is amended by adding at the end the following:
``Sec. 932. Regulation of firearms transfers at gun shows.''.
(b) Inspection Authority.--Section 923(g)(1) of such title is
amended by adding at the end the following:
``(E) Notwithstanding subparagraph (B) of this paragraph, the
Attorney General may enter during business hours any place where a gun
show operator operates a gun show or is required to maintain records
pursuant to section 932(b)(2), for purposes of examining the records
required by sections 923 and 932 and the inventory of licensees
conducting business at the gun show. The entry and examination shall be
conducted for the purposes of determining compliance with this chapter
by gun show operators and licensees conducting business at the gun
show, and shall not require a showing of reasonable cause or a
warrant.''.
(c) Reports of Multiple Sales Assisted by Licensees at Gun Shows.--
Section 923(g)(3)(A) of such title is amended by inserting ``or
provides pursuant to section 932(c)(2) notice with respect to,'' after
``sells or otherwise disposes of,''.
(d) Increased Penalties for Serious Recordkeeping Violations by
Licensees.--Section 924(a)(3) of such title is amended to read as
follows:
``(3)(A) Except as provided in subparagraph (B), any licensed
dealer, licensed importer, licensed manufacturer, or licensed collector
who knowingly makes any false statement or representation with respect
to the information required by this chapter to be kept in the records
of a person licensed under this chapter, or violates section 922(m),
shall be fined under this title, imprisoned not more than 1 year, or
both.
``(B) If the violation described in subparagraph (A) is in relation
to an offense--
``(i) under paragraph (1) or (3) of section 922(b), such
person shall be fined under this title, imprisoned not more
than 5 years, or both; or
``(ii) under subsection (a)(6) or (d) of section 922, such
person shall be fined under this title, imprisoned not more
than 10 years, or both.''.
(e) Increased Penalties for Violations of Criminal Background Check
Requirements.--
(1) Penalties.--Section 924(a)(5) of such title is
amended--
(A) by striking ``subsection (s) or (t) of section
922'' and inserting ``section 922(s)''; and
(B) by striking ``1'' and inserting ``5''.
(2) Elimination of certain elements of offense.--Section
922(s)(5) of such title, as so redesignated by the preceding
provisions of this Act, is amended by striking ``and, at the
time'' and all that follows through ``State law''.
(f) Authority To Hire Personnel To Inspect Gun Shows.--The Director
of the Bureau of Alcohol, Tobacco, Firearms and Explosives may hire at
least 40 additional Industry Operations Investigators for the purpose
of carrying out inspections of gun shows (as defined in section
921(a)(51) of title 18, United States Code).
(g) Report to the Congress.--The Director of the Bureau of Alcohol,
Tobacco, Firearms and Explosives shall submit biennial reports to the
Congress on how firearms (as defined in section 921(a)(3) of title 18,
United States Code) are sold at gun shows (as defined in paragraph (51)
of such section), how this section is being carried out, whether
firearms are being sold without background checks conducted by the
national instant criminal background check system established under
section 103 of the Brady Handgun Violence Prevention Act, what
resources are needed to carry out this section, and any recommendations
for improvements to ensure that firearms are not sold without the
background checks.
(h) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of enactment of this
Act.
SEC. 9. FIREARMS TRAFFICKING.
(a) In General.--Chapter 44 of title 18, United States Code, as
amended by the preceding provisions of this Act, is amended by adding
at the end the following:
``Sec. 933. Trafficking in firearms
``(a) Offenses.--Except as provided in subsection (b), it shall be
unlawful for any person, in or affecting interstate commerce--
``(1) to purchase, attempt to purchase, or transfer a
firearm, with the intent to deliver the firearm to another
person who the transferor knows, or has reasonable cause to
believe, is prohibited by Federal or State law from possessing
a firearm;
``(2) in purchasing, attempting to purchase, or
transferring a firearm, to intentionally provide false or
misleading material information on a Bureau of Alcohol,
Tobacco, Firearms and Explosives firearms transaction record
form; or
``(3) to knowingly direct, promote, or facilitate conduct
that violates paragraph (1) or (2).
``(b) Gift Exceptions.--Subsection (a) shall not apply to a firearm
that is--
``(1) lawfully acquired by a person to be given to another
person not prohibited from possessing a firearm under Federal
or State law as a gift; or
``(2) lawfully received or otherwise acquired by a court-
appointed trustee, receiver, or conservator for, or on behalf
of, an estate or creditor or by a person to carry out a
bequest, or an acquisition by intestate succession under the
laws of the State of residence of the person.
``(c) Penalties.--
``(1) In general.--Any person who violates this section
shall be fined under this title, imprisoned for not more than
20 years, or both.
``(2) Organizer enhancement.--If a violation of subsection
(a) is committed by a person in concert with 5 or more other
persons with respect to whom such person occupies a position of
organizer, a supervisory position, or any other position of
management, such person may be sentenced to an additional term
of imprisonment of not more than 5 consecutive years.
``(3) Conspiracy.--Any person who conspires to commit an
offense described in this section shall be fined under this
title, imprisoned for not more than 10 years, or both.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 44 of title 18, United States Code, as amended by the preceding
provisions of this Act, is amended by adding at the end the following:
``933. Trafficking in firearms.''.
(c) Directive to the Sentencing Commission.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall review and, if appropriate, amend
the Federal sentencing guidelines and policy statements
applicable to persons convicted of offenses under section 933
of title 18, United States Code (as added by subsection (a)).
(2) Requirement.--In carrying out this section, the
Commission shall review the penalty structure that the
guidelines currently provide based on the number of firearms
involved in the offense and determine whether any changes to
that penalty structure are appropriate in order to reflect the
intent of Congress that such penalties reflect the gravity of
the offense.
SEC. 10. ADDITION OF DATING PARTNERS AND INDIVIDUALS SUBJECT TO
RESTRAINING ORDERS.
(a) Definition.--Section 921(a) of title 18, United States Code, is
amended--
(1) by striking paragraph (32) and inserting the following:
``(32) The term `intimate partner'--
``(A) means with respect to a person, the spouse of the
person, a former spouse of the person, an individual who is a
parent of a child of the person, and an individual who
cohabitates or has cohabited with the person; and
``(B) includes--
``(i) a dating partner (as defined in section
2266); and
``(ii) any other person similarly situated to a
spouse who is protected by the domestic or family
violence laws of the State or tribal jurisdiction in
which the injury occurred or where the victim
resides.''; and
(2) in paragraph (33)(A)(ii)--
(A) by inserting ``intimate partner,'' after
``former spouse,''; and
(B) by inserting ``intimate partner,'' after ``a
spouse,'' each place it appears.
(b) Addition of Stalking.--Section 922 of title 18, United States
Code, is amended--
(1) in subsection (d)--
(A) in paragraph (8)(ii), by striking ``or'' at the
end;
(B) in paragraph (9), by striking the period at the
end and inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) has been convicted in any court of a misdemeanor
crime of stalking.''; and
(2) in subsection (g)--
(A) in paragraph (8)(C)(ii), by striking ``or'' at
the end;
(B) in paragraph (9), by striking the comma at the
end and inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) has been convicted in any court of a misdemeanor
crime of stalking,''.
SEC. 11. PROHIBITION ON POSSESSION OF CERTAIN FIREARM ACCESSORIES.
Chapter 44 of title 18, United States Code, as amended by the
preceding provisions of this Act, is amended--
(1) in section 922, by adding at the end the following:
``(bb)(1) Except as provided in paragraph (2), on and after the
date that is 180 days after the date of enactment of this subsection,
it shall be unlawful for any person to import, sell, manufacture,
transfer, or possess, in or affecting interstate or foreign commerce, a
trigger crank, a bump-fire device, or any part, combination of parts,
component, device, attachment, or accessory that is designed or
functions to accelerate the rate of fire of a semiautomatic rifle but
not convert the semiautomatic rifle into a machinegun.
``(2) This subsection does not apply with respect to the
importation for, manufacture for, sale to, transfer to, or possession
by or under the authority of, the United States or any department or
agency thereof or a State, or a department, agency, or political
subdivision thereof.''; and
(2) in section 924(a)(2), by striking ``, or (o)'' and
inserting ``(o), or (bb)''.
SEC. 12. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such provision
or amendment to any person or circumstance shall not be affected
thereby.
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