[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4149 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4149

To ensure that the background check system used for firearms purchases 
denies a firearm to a person prohibited from possessing a firearm by a 
    lawful court order governing the pretrial release of the person.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 5, 2022

  Mr. Booker introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To ensure that the background check system used for firearms purchases 
denies a firearm to a person prohibited from possessing a firearm by a 
    lawful court order governing the pretrial release of the person.

    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 ``Preventing Pretrial Gun Purchases 
Act''.

SEC. 2. AMENDMENTS TO THE GUN CONTROL ACT OF 1968.

    (a) Section 921.--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.--Section 922 of title 18, United States Code, is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (8), by striking ``or'' at the 
                end;
                    (B) in paragraph (9), by striking the period and 
                inserting ``; or''; and
                    (C) 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.''; and
            (2) in subsection (t)--
                    (A) 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'';
                    (B) 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)'';
                    (C) 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 possession'';
                    (D) 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
                    (E) 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)''.

SEC. 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 subsection (d) of that section 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)'' and 
                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(b) (34 U.S.C. 40911(b))--
                    (A) in paragraph (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 paragraph (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''.

SEC. 4. FUNDS FOR STATES THAT REPORT PRETRIAL ORDERS RESTRICTING 
              FIREARM POSSESSION TO NICS.

    (a) Definition.--In this section, the term ``covered pretrial 
release order'' means an order of a State, Tribal, or local court that 
governs the release of an arrested individual pending the trial of the 
individual 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).
    (b) Authorization.--The Attorney General may 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 established under section 103 of the Brady 
Handgun Violence Prevention Act (34 U.S.C. 40901).
    (c) 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.
    (d) Clarification.--Grants made under this section shall be in 
addition to any amount that a State or Indian Tribe receives under 
section 302(c)(19) of title I 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'') or 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.
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