[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8882 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 8882

To amend title 18, United States Code, to require a license to acquire 
         or receive an assault weapon, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 2022

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

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to require a license to acquire 
         or receive an assault weapon, and for other purposes.

    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 ``Federal Assault Weapons Licensing 
Act''.

SEC. 2. LICENSE FOR THE ACQUISITION OR RECEIPT OF ASSAULT WEAPONS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 935. License for the acquisition or receipt of assault weapons
    ``(a) In General.--Except as provided in subsection (c), it shall 
be unlawful for any individual to purchase or receive an assault 
weapon, unless the individual has--
            ``(1) an assault weapons license issued under this section; 
        or
            ``(2) an assault weapons license, or a valid license or 
        permit authorizing the carrying of a concealed firearm, issued 
        by a State, unless the Attorney General has determined that the 
        requirements which must be met for the issuance of such a 
        license or permit are not substantially similar to the 
        requirements of subsection (b).
    ``(b) Establishment of System for Issuing Federal Assault Weapons 
Licenses.--
            ``(1) In general.--The Attorney General shall establish a 
        system for issuing licenses authorizing eligible individuals to 
        acquire and receive assault weapons while the license is in 
        effect.
            ``(2) Application requirements.--The system established 
        under paragraph (1) shall provide that--
                    ``(A) an individual is eligible to receive such a 
                license if the individual--
                            ``(i) has completed training in firearms 
                        safety, including hands-on testing and firing 
                        testing, to demonstrate safe use and sufficient 
                        accuracy of a firearm; and
                            ``(ii) as part of the process for applying 
                        for such a license--
                                    ``(I) has submitted to a background 
                                investigation and criminal history 
                                check of the individual in accordance 
                                with paragraph (3);
                                    ``(II) has submitted proof of the 
                                identity of the individual;
                                    ``(III) has submitted the 
                                fingerprints of the individual; and
                                    ``(IV) has paid a fee of $130 for 
                                applying for, or renewing, such a 
                                license;
                    ``(B) such a license shall be available at 
                designated local offices, which shall be located in 
                urban and rural areas;
                    ``(C) the Attorney General shall issue or deny such 
                a license, or return the application without action, 
                not later than 30 days after the date on which the 
                application for the license, or for the renewal of the 
                license, is received;
                    ``(D) such a license shall expire on the date that 
                is 5 years after the date on which the license was 
                issued or renewed; and
                    ``(E) the Attorney General shall provide notice of 
                an application for such a license to the relevant State 
                and local officials.
            ``(3) Background investigation and criminal history check 
        by the nics system.--
                    ``(A) In general.--Before issuing a license under 
                this section, the Attorney General shall--
                            ``(i) cause the national instant criminal 
                        background check system established under 
                        section 103 of the Brady Handgun Violence 
                        Prevention Act (in this section referred to as 
                        the `NICS system') to conduct a criminal 
                        background check of the applicant; and
                            ``(ii) deny the license if receipt of a 
                        firearm by the applicant would violate 
                        subsection (g) or (n) of section 922 or any 
                        provision of State law.
                    ``(B) Poses a danger of bodily injury.--
                            ``(i) Information from state and local 
                        officials.--After receiving the notice 
                        described in paragraph (2)(E), relevant State 
                        and local officials may submit to the Attorney 
                        General information demonstrating that the 
                        individual poses a significant danger of bodily 
                        injury to self or others by possessing, 
                        purchasing, or receiving a firearm.
                            ``(ii) Denial.--
                                    ``(I) In general.--The Attorney 
                                General may deny a license under this 
                                section if the Attorney General 
                                determines that the applicant poses a 
                                significant danger of bodily injury to 
                                self or others by possessing, 
                                purchasing, or receiving a firearm, 
                                after examining factors the Attorney 
                                General considers are relevant to the 
                                determination, including--
                                            ``(aa) history of threats 
                                        or acts of violence toward self 
                                        or others;
                                            ``(bb) history of use, 
                                        attempted use, or threatened 
                                        use of physical force by the 
                                        applicant against another 
                                        person;
                                            ``(cc) whether the 
                                        applicant is the subject of or 
                                        has violated a domestic 
                                        violence or stalking 
                                        restraining order or protection 
                                        order;
                                            ``(dd) any prior arrest, 
                                        pending charge, or conviction 
                                        for a violent or serious crime 
                                        or disorderly persons offense, 
                                        stalking offense, or domestic 
                                        violence offense;
                                            ``(ee) any prior arrest, 
                                        pending charge, or conviction 
                                        for an offense involving 
                                        cruelty to animals;
                                            ``(ff) history of drug or 
                                        alcohol abuse or involvement in 
                                        drug trafficking;
                                            ``(gg) any recent 
                                        acquisition of firearms, 
                                        ammunition, or other deadly 
                                        weapons;
                                            ``(hh) involvement in 
                                        firearms trafficking or 
                                        unlawful firearms transfers; 
                                        and
                                            ``(ii) history of unsafe 
                                        storage or handling of 
                                        firearms.
                                    ``(II) Judicial review.--An 
                                applicant denied a license under 
                                subclause (I) may file an action in the 
                                appropriate district court of the 
                                United States seeking review of the 
                                denial.
                    ``(C) Rule of construction.--This paragraph shall 
                not be construed to modify any other requirement for a 
                background investigation relating to the acquisition or 
                receipt of a firearm in effect on the day before the 
                date of the enactment of this section.
            ``(4) Revocation.--
                    ``(A) In general.--The Attorney General shall 
                revoke a license issued under this section if the 
                Attorney General determines--
                            ``(i) that the licensee poses a significant 
                        danger of bodily injury to self or others by 
                        possessing, purchasing, or receiving a firearm; 
                        or
                            ``(ii) after a criminal background check 
                        conducted in accordance with paragraph (3)(A), 
                        that the possession of a firearm would violate 
                        subsection (g) or (n) of section 922 or any 
                        provision of State law.
                    ``(B) Notice and opportunity for a hearing.--
                            ``(i) Notice.--Upon determining that the 
                        licensee should have their license revoked 
                        under subparagraph (A), the Attorney General 
                        shall provide notice to the licensee and to 
                        relevant State and local officials of the 
                        determination.
                            ``(ii) Hearing.--For revocations under 
                        subparagraph (A)(i), the Attorney General shall 
                        provide a licensee an opportunity for a hearing 
                        in the appropriate district court of the United 
                        States not later than 30 days after the date on 
                        which a license is revoked under this paragraph 
                        to appeal the revocation.
                    ``(C) Procedures.--The Attorney General shall 
                establish procedures to ensure that, when the license 
                issued to an individual is revoked under this 
                paragraph, the individual surrenders any assault weapon 
                owned or possessed by the individual.
                    ``(D) Return of firearms.--An assault weapon 
                surrendered under the procedures established under 
                subparagraph (C) may be returned to the individual only 
                if the license of the individual under this section is 
                reinstated.
            ``(5) Renewal.--The Attorney General shall establish 
        procedures for the renewal of a license issued under this 
        section, that shall require the licensee to satisfy the 
        requirements of paragraph (2).
    ``(c) Exceptions.--Subsection (a) shall not apply to--
            ``(1) a member of the Armed Forces on active duty, a 
        qualified law enforcement officer (as defined in section 926B), 
        a qualified retired law enforcement officer (as defined in 
        section 926C), a corrections officer, or a law enforcement 
        officer;
            ``(2) the owner of an assault weapon who lawfully possessed 
        the weapon continuously since before the date of the enactment 
        of this section;
            ``(3) a transfer to an executor, administrator, trustee, or 
        personal representative of an estate or a trust by operation of 
        law upon death;
            ``(4) a transfer approved by the Attorney General under 
        section 5812 of the Internal Revenue Code of 1986;
            ``(5) a temporary transfer that is necessary to prevent 
        imminent death or great bodily harm, including harm to self or 
        another, domestic violence, dating partner violence, sexual 
        assault, stalking, or domestic abuse, if the possession by the 
        transferee lasts only for so long as is immediately necessary 
        to prevent the imminent death or great bodily harm, domestic 
        violence, dating partner violence, sexual assault, stalking, or 
        domestic abuse, as the case may be; or
            ``(6) a temporary transfer if the transferor has no reason 
        to believe that the transferee will use or intends to use the 
        firearm in a crime or is prohibited from possessing a firearm 
        under State or Federal law, and the transfer takes place and 
        the transferee's possession of the firearm is exclusively--
                    ``(A) in the presence and under the supervision of 
                the transferor; and
                    ``(B)(i) at a shooting range or in a shooting 
                gallery or other area designated for the purpose of 
                target shooting; or
                    ``(ii) while reasonably necessary for the purposes 
                of hunting, trapping, pest control on a farm or ranch, 
                or fishing, if the transferor--
                            ``(I) has no reason to believe that the 
                        transferee intends to use the firearm 
                        unlawfully; and
                            ``(II) has reason to believe that the 
                        transferee will comply with all licensing and 
                        permit requirements for the hunting, trapping, 
                        pest control on a farm or ranch, or fishing, as 
                        the case may be.
    ``(d) Retention of Application Fees.--Amounts collected from 
application fees paid under this section shall be available, without 
fiscal year limitation, for processing applications submitted pursuant 
to this section.
    ``(e) Regulations.--
            ``(1) In general.--The Attorney General may promulgate such 
        regulations as the Attorney General determines are necessary to 
        carry out this section, which shall include--
                    ``(A) a requirement that the NICS system prioritize 
                criminal background checks pursuant to this section 
                over criminal background checks pursuant to chapter 53 
                of the Internal Revenue Code of 1986; and
                    ``(B) a procedure for a person whose application 
                for a license under this section has been returned 
                without action to be informed of the reasons therefor.
            ``(2) Records of license holders.--
                    ``(A) In general.--Notwithstanding the 2nd sentence 
                of section 926(a) of this title, the Attorney General 
                shall keep a record of the holders of a license issued 
                under this section, and shall enable the NICS system to 
                access the record in conducting criminal background 
                checks pursuant to this section.
                    ``(B) Limitation on fbi access.--The Director of 
                the Federal Bureau of Investigation may not access the 
                record except for the purpose of--
                            ``(i) conducting a criminal background 
                        check pursuant to this section; or
                            ``(ii) confiscating a license issued under 
                        this section, in the case that the licensee 
                        becomes ineligible to receive a firearm under 
                        Federal law.''.
    (b) Definitions.--Section 921(a) of such title 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 `assault weapon' means any of the following, 
regardless of country of manufacture or caliber of ammunition accepted:
            ``(A) A semiautomatic rifle that has--
                    ``(i) a magazine that is not a fixed magazine; and
                    ``(ii) any of the following:
                            ``(I) A pistol grip.
                            ``(II) A forward grip.
                            ``(III) A folding, telescoping, or 
                        detachable stock, or is otherwise foldable or 
                        adjustable in a manner that operates to reduce 
                        the length, size, or any other dimension, or 
                        otherwise enhances the concealability, of the 
                        weapon.
                            ``(IV) A grenade launcher.
                            ``(V) A barrel shroud.
            ``(B) A semiautomatic rifle that has a fixed magazine with 
        the capacity to accept more than 15 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 firearm but not 
        convert the semiautomatic firearm into a machinegun.
            ``(D) A semiautomatic pistol that has--
                    ``(i) a magazine that is not a fixed magazine; and
                    ``(ii) any of the following:
                            ``(I) A second pistol grip.
                            ``(II) A barrel shroud.
                            ``(III) The capacity to accept a detachable 
                        magazine at some location outside of the pistol 
                        grip.
                            ``(IV) A semiautomatic version of an 
                        automatic firearm.
                            ``(V) A manufactured weight of 50 ounces or 
                        more when unloaded.
                            ``(VI) A stabilizing brace or similar 
                        component.
            ``(E) A semiautomatic pistol with a fixed magazine that has 
        the capacity to accept more than 15 rounds.
            ``(F) A semiautomatic shotgun that has--
                    ``(i) the capacity to utilize a magazine that is 
                not a fixed magazine; and
                    ``(ii) any of the following:
                            ``(I) A folding, telescoping, or detachable 
                        stock.
                            ``(II) A pistol grip or bird's head 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.
            ``(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.
                            ``(VI) SKS with a detachable magazine.
                    ``(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) Smith & Wesson M&P15 rifles.
                            ``(XXXVIII) Stag Arms AR rifles.
                            ``(XXXIX) Sturm, Ruger & Co. SR556 and AR-
                        556 rifles.
                            ``(XL) Uselton Arms Air-Lite M-4 rifles.
                            ``(XLI) Windham Weaponry AR rifles.
                            ``(XLII) WMD Guns Big Beast.
                            ``(XLIII) 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 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 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 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) All MAC types, including the following:
                            ``(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 `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.
    ``(38) The term `detachable magazine' means an ammunition feeding 
device that can be removed from a firearm without disassembly of the 
firearm action.
    ``(39) The term `fixed magazine' means an ammunition feeding device 
that is contained in and not removable from or permanently fixed to the 
firearm.
    ``(40) 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.
    ``(41) The term `forward grip' means a grip located forward of the 
trigger that functions as a pistol grip.
    ``(42) The term `grenade launcher' means an attachment for use on a 
firearm that is designed to propel a grenade or other similar 
destructive device.
    ``(43) The term `pistol grip' means a grip, a thumbhole stock or 
Thordsen-type grip or stock, or any other characteristic that can 
function as a grip.
    ``(44) 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.''.
    (c) Prohibition on Transfer to Certain Unlicensed Persons.--Section 
922 of such title is amended by adding at the end the following:
    ``(aa) Prohibition on Transfer to Certain Unlicensed Persons.--It 
shall be unlawful for any person to--
            ``(1) sell or otherwise dispose of an assault weapon to any 
        person if such person does not have a license issued under 
        section 935 or a substantially similar State law, as determined 
        by the Attorney General, during the previous 30 days; or
            ``(2) fail to report to the relevant law enforcement 
        agencies the sale or disposal described in paragraph (1).''.
    (d) Penalties.--Section 924(a) of such title is amended by adding 
at the end the following:
    ``(9) Whoever knowingly violates section 935 or 922(aa) shall--
            ``(A) in the case of the 1st such violation by the person, 
        be fined not more than $5,000, imprisoned not more than 1 year, 
        or both; or
            ``(B) in the case of any subsequent such violation by the 
        person, be fined not more than $15,000, imprisoned not more 
        than 5 years, or both.''.
    (e) Clerical Amendment.--The table of sections for such chapter is 
amended by adding at the end the following:

``935. License for the acquisition or receipt of assault weapons.''.
    (f) Information-Sharing.--Section 103(e)(1)(C) of the Brady Handgun 
Violence Prevention Act (34 U.S.C. 40901(e)(1)(C)) is amended by adding 
at the end the following: ``If a State or local agency has any record 
of any person demonstrating that the person falls within one of the 
categories of prohibition pertinent to the Interstate Identification 
Index, the National Crime Information Center, or any other index of the 
system, the head of the department or agency shall, not less frequently 
than quarterly, provide the pertinent information contained in the 
record to the Attorney General.''.

SEC. 3. POINT-OF-SALE BACKGROUND CHECKS.

    (a) In General.--Section 922 of title 18, United States Code, as 
amended by section 2(c) of this Act, is amended by adding at the end 
the following:
    ``(bb) Point-of-Sale Background Checks.--
            ``(1) In general.--It shall be unlawful for any person who 
        is not a licensed importer, licensed manufacturer, or licensed 
        dealer to transfer an assault weapon to any other person who is 
        not so licensed, unless a licensed importer, licensed 
        manufacturer, or licensed dealer has first taken possession of 
        the assault weapon for the purpose of complying with subsection 
        (t).
            ``(2) Compliance.--Upon taking possession of an assault 
        weapon under paragraph (1), a licensee shall comply with all 
        requirements of this chapter as if the licensee were 
        transferring the assault weapon from the inventory of the 
        licensee to the unlicensed transferee.
            ``(3) Return.--If a transfer of an assault weapon described 
        in paragraph (1) will not be completed for any reason after a 
        licensee takes possession of the assault weapon (including 
        because the transfer of the assault weapon to, or receipt of 
        the assault weapon by, the transferee would violate this 
        chapter), the return of the assault weapon to the transferor by 
        the licensee shall not constitute the transfer of a firearm for 
        purposes of this chapter.''.
    (b) Penalties.--
            (1) Violations by non-licensees.--Section 924(a) of such 
        title, as amended by section 2(d) of this Act, is amended by 
        adding at the end the following:
    ``(10) Penalties for Point-of-Sale Background Check Violations by 
Non-Licensees.--Whoever knowingly violates section 922(bb)(1) shall--
            ``(A) in the case of the 1st such violation by the person, 
        be fined under this title, imprisoned not more than 1 year, or 
        both; or
            ``(B) in the case of any subsequent violation by the 
        person, be fined under this title, imprisoned not more than 5 
        years, or both.''.
            (2) Violations by licensees.--Section 924(a)(5) of such 
        title is amended by striking ``(s) or (t)'' and inserting 
        ``(s), (t), or (bb)(2)''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date that 
is 18 months after the date of the enactment of this Act.
                                 <all>