117 HR 6717 IH: Preventing Pretrial Gun Purchases Act
U.S. House of Representatives
2022-02-11
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I
117th CONGRESS
2d Session
H. R. 6717
IN THE HOUSE OF REPRESENTATIVES
February 11, 2022
Mrs. Carolyn B. Maloney of New York (for herself, Mr. Auchincloss, Mrs. Watson Coleman, Ms. Norton, Mr. Case, Mr. Espaillat, Ms. Meng, Mr. Rush, Mr. Suozzi, Mr. Deutch, Mr. Carson, Ms. Schakowsky, Mr. Morelle, Ms. Jacobs of California, Mr. David Scott of Georgia, Ms. Titus, Mr. Danny K. Davis of Illinois, Mrs. Hayes, Ms. Bonamici, Ms. Dean, Mr. Evans, Ms. Manning, Mr. DeSaulnier, Ms. Strickland, Ms. Newman, and Ms. Scanlon) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To ensure that the background check system used for firearms purchasers denies a firearm to a person prohibited from possessing guns by a lawful court order governing the pretrial release of the person.
1.

Short title
This Act may be cited as the “Preventing Pretrial Gun Purchases Act”.
2.

Amendments to the Gun Control Act of 1968
(a)
Section 921(a) of title 18, United States Code, is amended by adding at the end the following:
“(36)
The term pretrial release order means an order of a Federal, State, tribal, or local court that governs the release of an arrested person pending the trial of the person for a crime.”.
(b)
Section 922(d) of such title is amended—
(1)
in paragraph (8), by striking “or” at the end;
(2)
in paragraph (9), by striking the period and inserting “; or”; and
(3)
by inserting after paragraph (9) the following:
“(10)
is subject to a pretrial release order that prohibits the person from purchasing, possessing, or receiving firearms.”.
(c)
Section 922(t) of such title is amended—
(1)
in paragraph (1)(B)(ii), by striking “receipt of a firearm” and all that follows through “section” and inserting “knowing sale or disposition of a firearm by the licensee to such other person or the receipt of a firearm by such other person would violate subsection (d), (g), or (n) of this section”;
(2)
in paragraph (2), by striking “receipt” and all that follows through “(n)” and inserting “the knowing sale or disposition of a firearm to the person, or the receipt of a firearm by the person would not violate subsection (d), (g), or (n)”;
(3)
in paragraph (3)(A)(ii), by striking “that possession” and inserting “that knowing sale or disposition of a firearm by a licensee to such other person or that possession”;
(4)
in paragraph (4), by striking “receipt” and all that follows through “(n)” and inserting “knowing sale or disposition of a firearm by a licensee to such other person or the receipt of a firearm by such other person would violate subsection (d), (g), or (n)”; and
(5)
in paragraph (5), by striking “receipt” and all that follows through “(n)” and inserting “knowing sale or disposition of a firearm by a licensee to such other person or receipt of a firearm by such other person would violate subsection (d), (g), or (n)”.
3.

Conforming amendments
(a)

Section 923
Section 923(d)(1)(B) of title 18, United States Code, is amended by striking “under section 922(g) and (n) of this chapter” and inserting “by subsection (g) or (n) of section 922 and is not a person to whom the knowing sale or disposition of any firearm or ammunition is prohibited by section 922(d)”.
(b)

Section 925A
Section 925A(2) of title 18, United States Code, is amended by inserting “and to whom the knowing sale or disposition of a firearm was not prohibited by section 922(d) or State law” before the comma.
(c)

Brady Handgun Violence Prevention Act
Section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) is amended—
(1)
in subsection (e)(1)—
(A)
in subparagraph (A), by striking “for whom receipt” and all that follows through “(g)” and inserting “to whom the knowing sale or disposition of or for whom receipt of a firearm would violate subsection (d), (g),”;
(B)
in subparagraph (C), by striking “(g)” or inserting “(d), (g),”;
(C)
in subparagraph (F)(iii)(I), by striking “(g) or (n)” and inserting “(d), (g), or (n)”; and
(D)
in subparagraph (G)(i), by striking “(g) or (n)” and inserting “(d), (g), or (n)”;
(2)
in subsection (g), by striking “receipt of a firearm by a prospective transferee would violate subsection (g) or (n)” and inserting “the knowing sale or disposition of a firearm to or receipt of a firearm by a prospective transferee would violate subsection (d), (g), or (n)”; and
(3)
in subsection (i)(2), by striking all that follows after “respect to persons,” and inserting “to whom the knowing sale or disposition of, or for whom receipt of, a firearm is prohibited by subsection (d), (g), or (n) of section 922 of title 18, United States Code, or State law.”.
(d)

NICS Improvement Amendments Act of 2007
Title I of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40911 et seq.) is amended—
(1)
in section 101 (34 U.S.C. 40911)—
(A)
in subsection (b)(1)(A), by striking “a person is disqualified from possessing or receiving a firearm under subsection (g)” and inserting “the knowing sale or disposition of a firearm to a person or receipt of a firearm by a person is prohibited by subsection (d), (g),”; and
(B)
in subsection (b)(2)(A)—
(i)
by striking “after the” and inserting “after a court martial imposes a pretrial release order or the”; and
(ii)
by striking “a member of the Armed Forces involved in such proceeding is disqualified from possessing or receiving a firearm under subsection (g) or (n)” and inserting “the knowing sale or disposition of a firearm to or receipt of a firearm by a member of the Armed Forces is prohibited by subsection (d), (g), or (n)”; and
(2)
in section 102 (34 U.S.C. 40912)—
(A)
in subsection (b)(3), by striking “are prohibited from possessing or receiving a firearm under subsection (g)” and inserting “are described in one of the categories under subsection (d), (g),”; and
(B)
in subsection (c)(1)(A), by inserting “the knowing sale or disposition of a firearm to a person would be prohibited under subsection (d) of section 922 of title 18, United States Code, or applicable State law or whether” after “determination of whether”.
4.

Funds for States that report pretrial orders restricting firearm possession to NICS
(a)

Authorization
The Attorney General is authorized to make grants to States and Indian tribes for the purpose of reporting information about covered pretrial release orders to the national instant criminal background check system.
(b)

Applications
The chief executive of a State or Indian tribe seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require.
(c)

Covered pretrial release order defined
The term covered pretrial release order means an order of a State, Tribal, or local court that governs the release of an arrested person pending the trial of the person for a crime, and which prohibits the individual from possessing a firearm or ammunition (as such terms are defined in section 921 of title 18, United States Code).
(d)

Clarification
Grants made under this section shall be in addition to any amount that the State receives pursuant to section 302(c)(19) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10132(c)(19)) (commonly referred to as the “National Criminal History Improvement Program”) and section 103 of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40913) (commonly referred to as the “NICS Act Record Improvement Program”).
(e)

Authorization of appropriations
There is authorized to be appropriated $25,000,000 for each of fiscal years 2023 through 2027 to carry out this section.