Short title; table of contents

(a)

Short title

This Act may be cited as the

Protecting Communities and Preserving the Second Amendment Act of 2024

.(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Reauthorization and improvements to NICS.

Sec. 4. Availability of records to NICS.

Sec. 5. Definitions relating to mental health.

Sec. 6. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes.

Sec. 7. Reports and certifications to Congress.

Sec. 8. Increasing Federal prosecution of gun violence.

Sec. 9. Prosecution of felons and fugitives who attempt to illegally purchase firearms.

Sec. 10. Limitation on operations by the Department of Justice.

Sec. 11. Increased penalties for lying and buying.

Sec. 12. Amendments to section 924.

Sec. 13. Study by the National Institute of Justice and National Academy of Sciences on the causes of mass shootings.

Sec. 14. Reports to Congress regarding ammunition purchases by Federal agencies.

Sec. 15. Reduction of Byrne JAG funds for State failure to provide mental health records to NICS.

Sec. 16. Firearm commerce modernization.

Sec. 17. Interstate transportation of firearms or ammunition.

Sec. 18. Preventing duplicative grants.

Sec. 19. Regional firearms trafficking task forces.

Definitions

In this Act—(1)the term agency has the meaning given the term in section 551 of title 5, United States Code;(2)the term covered firearms provision means section 922, 924, 932, or 933 of title 18, United States Code, or section 5861 of the Internal Revenue Code of 1986; (3)the term NICS means the National Instant Criminal Background Check System; and(4)the term relevant Federal records means any record demonstrating that a person is prohibited from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, United States Code.

Reauthorization and improvements to NICS

(a)

In general

Section 103 of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40913) is amended—(1)by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively;(2)by amending subsection (f), as so redesignated, to read as follows:

(f)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2025 through 2029.

; and

(3)by inserting after subsection (d) the following:

(e)

Accountability

All grants awarded by the Attorney General under this section shall be subject to the following accountability provisions:(1)

Definition

In this subsection, the term unresolved audit finding means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued.(2)

Audits

(A)

In general

Beginning in the first fiscal year beginning after the date of enactment of the Protecting Communities and Preserving the Second Amendment Act of 2024, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. (B)

Selection of grantees for audit

The Inspector General shall determine the appropriate number of grantees to be audited each year.(3)

Priority

In awarding grants under this section, the Attorney General shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this section.

(b)

Modification of eligibility requirements

The NICS Improvement Amendments Act of 2007 (34 U.S.C. 40902 et seq.) is amended—(1)in section 102(b)(1) (34 U.S.C. 40912(b)(1))—(A)in subparagraph (A), by striking subparagraph (C) and inserting subparagraph (B);(B)by striking subparagraph (B); and(C)by redesignating subparagraph (C) as subparagraph (B);(2)in section 103 (34 U.S.C. 40913)—(A)in subsection (a)(1), by striking and subject to section 102(b)(1)(B); and(B)in subsection (e)(2)(B)(ii)(II), by striking section 102(b)(1)(C) and inserting section 102(b)(1)(B); and(3)in section 104(d) (34 U.S.C. 40914(d)), by striking section 102(b)(1)(C) and inserting section 102(b)(1)(B).

Availability of records to NICS

(a)

Guidance

Not later than 45 days after the date of enactment of this Act, the Attorney General shall issue guidance regarding—(1)the identification and sharing of relevant Federal records; and(2)submission of the relevant Federal records to NICS.(b)

Prioritization of records

Each agency that possesses relevant Federal records shall prioritize providing the relevant information contained in the relevant Federal records to NICS on a regular and ongoing basis in accordance with the guidance issued by the Attorney General under subsection (a).(c)

Reports

Not later than 60 days after the Attorney General issues guidance under subsection (a), the head of each agency shall submit a report to the Attorney General that—(1)advises whether the agency possesses relevant Federal records; and(2)describes the implementation plan of the agency for making the relevant information contained in relevant Federal records available to NICS in a manner consistent with applicable law.(d)

Determination of relevance

The Attorney General shall resolve any dispute regarding whether—(1)agency records are relevant Federal records; and(2)the relevant Federal records of an agency should be made available to NICS.

Definitions relating to mental health

(a)

Title 18 definitions

Chapter 44 of title 18, United States Code, is amended—(1)in section 921(a), by adding at the end the following:

(38)(A)Subject to subparagraph (B), the term has been adjudicated mentally incompetent or has been committed to a psychiatric hospital, with respect to a person—(i)means the person is the subject of an order or finding by a judicial officer, court, board, commission, or other adjudicative body—(I)that was issued after—(aa)a hearing—(AA)of which the person received actual notice; and(BB)at which the person had an opportunity to participate with counsel; or(bb)the person knowingly and intelligently waived the opportunity for a hearing—(AA)of which the person received actual notice; and(BB)at which the person would have had an opportunity to participate with counsel; and(II)that found that the person, as a result of marked subnormal intelligence, mental impairment, or mental illness—(aa)was a danger to himself or herself or to others;(bb)was guilty but mentally ill in a criminal case;(cc)was not guilty in a criminal case by reason of insanity or mental disease or defect;(dd)was incompetent to stand trial in a criminal case;(ee)was not guilty only by reason of lack of mental responsibility under section 850a of title 10 (article 50a of the Uniform Code of Military Justice);(ff)required involuntary inpatient treatment by a psychiatric hospital;(gg)required involuntary outpatient treatment by a psychiatric hospital based on a finding that the person is a danger to himself or herself or to others; or(hh)required involuntary commitment to a psychiatric hospital for any reason, including drug use; and(ii)does not include—(I)a person who is in a psychiatric hospital for observation; or(II)a voluntary admission to a psychiatric hospital.(B)In this paragraph, the term order or finding does not include—(i)an order or finding that has expired or has been set aside or expunged;(ii)an order or finding that is no longer applicable because a judicial officer, court, board, commission, or other adjudicative body has found that the person who is the subject of the order or finding—(I)does not present a danger to himself or to others;(II)has been restored to sanity or cured of mental disease or defect;(III)has been restored to competency; or(IV)no longer requires involuntary inpatient or outpatient treatment by, or involuntary commitment to, a psychiatric hospital; or(iii)an order or finding with respect to which the person who is subject to the order or finding has been granted relief from disabilities under section 925(c) or under a program described in section 101(c)(2)(A) or 105 of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40911(c)(2)(A), 40915).(39)The term psychiatric hospital includes a mental health facility, a mental hospital, a sanitarium, a psychiatric facility, and any other facility that provides diagnoses by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a general hospital.

; and

(2)in section 922—(A)in subsection (d)(4)—(i)by striking as a mental defective and inserting mentally incompetent; and(ii)by striking any mental institution and inserting a psychiatric hospital;(B)in subsection (g)(4)—(i)by striking as a mental defective or who has and inserting mentally incompetent or has; and(ii)by striking mental institution and inserting psychiatric hospital; and(C)in subsection (s)(3)(B)(iv)—(i)by striking as a mental defective and inserting mentally incompetent; and(ii)by striking any mental institution and inserting a psychiatric hospital.(b)

Technical and conforming amendment

The NICS Improvement Amendments Act of 2007 (34 U.S.C. 40902 et seq.) is amended—(1)by striking as a mental defective each place that term appears and inserting mentally incompetent;(2)by striking mental institution each place that term appears and inserting psychiatric hospital; and(3)in section 102(c)(3) (34 U.S.C. 40912(c)(3))—(A)in the paragraph heading, by striking

as a mental defective or committed to a mental institution

and inserting

mentally incompetent or committed to a psychiatric hospital

; and(B)by striking mental institutions and inserting psychiatric hospitals.

Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes

(a)

In general

Chapter 55 of title 38, United States Code, is amended by adding at the end the following:

5511.

Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes

In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as mentally incompetent under subsection (d)(4) or (g)(4) of section 922 of title 18 without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.

(b)

Technical and conforming amendment

The table of sections at the beginning of chapter 55 of title 38, United States Code, is amended by adding at the end the following:

5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes.

Reports and certifications to Congress

(a)

NICS reports

Not later than October 1, 2025, and every year thereafter, the head of each agency that possesses relevant Federal records shall submit a report to Congress that includes—(1)a description of the relevant Federal records possessed by the agency that can be shared with NICS in a manner consistent with applicable law;(2)the number of relevant Federal records the agency submitted to NICS during the reporting period;(3)efforts made to increase the percentage of relevant Federal records possessed by the agency that are submitted to NICS;(4)any obstacles to increasing the percentage of relevant Federal records possessed by the agency that are submitted to NICS;(5)measures put in place to provide notice and programs for relief from disabilities as required under the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40902 et seq.) if the agency makes qualifying adjudications relating to the mental health of an individual;(6)measures put in place to correct, modify, or remove records available to NICS when the basis on which the records were made available no longer applies; and(7)additional steps that will be taken during the 1-year period after the submission of the report to improve the processes by which relevant Federal records are—(A)identified;(B)made available to NICS; and(C)corrected, modified, or removed from NICS.(b)

Certifications

(1)

In general

The annual report requirement in subsection (a) shall not apply to an agency that, as part of a report required to be submitted under subsection (a), provides certification that the agency has—(A)made available to NICS relevant Federal records that can be shared in a manner consistent with applicable law;(B)a plan to make any relevant Federal records available to NICS and a description of that plan; and(C)a plan to update, modify, or remove records electronically from NICS not less than quarterly as required by the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40902 et seq.) and a description of that plan.(2)

Frequency

Each agency that is not required to submit annual reports under paragraph (1) shall submit an annual certification to Congress attesting that the agency continues to submit relevant Federal records to NICS and has corrected, modified, or removed records available to NICS when the basis on which the records were made available no longer applies.(c)

Reports to Congress on firearms prosecutions

(1)

Definition

In this subsection, the term covered firearms case means a case presented to the Department of Justice for review or prosecution, in which the objective facts of the case provide probable cause to believe that there has been a violation of a covered firearms provision.(2)

Report to congress

Not later than February 1, 2025, and February 1 of every year thereafter through 2034, the Attorney General shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives a report regarding covered firearms cases during the fiscal year that ended on September 30 of the preceding year.(3)

Subject of annual report

Not later than 90 days after the date of enactment of this Act, the Attorney General shall require each component of the Department of Justice, including each United States Attorney's Office, to furnish for the purposes of the report described in paragraph (2), information relating to any covered firearms case.(4)

Elements of annual report

The reports submitted under paragraph (2) shall include, for the fiscal year covered by the report—(A)a list of the covered firearms cases in which a decision has been made not to charge an individual with a violation of a covered firearms provision, or any other violation of Federal criminal law;(B)in any covered firearms case described in subparagraph (A), the reason that no charge was filed under a covered firearms provision;(C)for each covered firearms case—(i)whether an indictment, information, or other charge has been filed against any person or whether the matter is pending;(ii)if an indictment, information, or other charge has been filed, whether the charging document contains 1 or more counts alleging a violation of a covered firearms provision;(iii)if a charging document was filed that contains 1 or more counts alleging a violation of a covered firearms provision, whether a plea agreement of any kind has been entered into with the individual charged in the case;(iv)if a plea agreement has been entered—(I)whether the plea agreement required that the individual plead guilty or enter a plea of nolo contendere or otherwise caused a court to enter a conviction against that individual for a violation of a covered firearms provision; and(II)if the plea agreement did not require that the individual plead guilty or enter a plea of nolo contendere or otherwise cause a court to enter a conviction against that individual for a violation of a covered firearms provision, the charges to which that individual did plead guilty;(v)if a charging document was filed that contains 1 or more counts alleging a violation of a covered firearms provision, the result of any trial of such charges (guilty, not guilty, mistrial); and(vi)if a charging document was filed that did not contain a count alleging a violation of a covered firearms provision, the nature of the other charges brought and the result of any trial of such other charges as have been brought (guilty, not guilty, mistrial);(D)the number of persons who attempted to purchase a firearm but were denied because of a background check conducted in accordance with section 922(t) of title 18, United States Code; and(E)the number of prosecutions conducted in relation to persons described in subparagraph (D).

Increasing Federal prosecution of gun violence

(a)

In general

Not later than 90 days after the date of enactment of this Act, the Attorney General shall establish in jurisdictions specified in subsection (c) a program that meets the requirements of subsection (b), to be known as the Nationwide Project Exile Expansion.(b)

Program elements

Each program established under subsection (a) shall, for the jurisdiction concerned—(1)provide for coordination with State and local law enforcement officials in the identification of violations of a covered firearms provision;(2)provide for the establishment of agreements with State and local law enforcement officials for the referral for investigation or prosecution by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the United States Attorney of instances in which the State or local law enforcement officials determine that there is probable cause to believe that a person arrested by the officials has violated a covered firearms provision;(3)provide for the establishment of multijurisdictional task forces, coordinated by the Executive Office for United States Attorneys to investigate and prosecute illegal straw purchasing rings that purchase firearms in 1 jurisdiction and transfer them to another;(4)require that the United States Attorney designate not less than 1 Assistant United States Attorney to prosecute violations of a covered firearms provision; and(5)ensure that each person referred to the United States Attorney under paragraph (2) be charged with a violation of the most serious covered firearms provision, consistent with the act committed.(c)

Covered jurisdictions

(1)

In general

Subject to paragraph (2), the jurisdictions specified in this subsection are—(A)the 10 jurisdictions with a population equal to or greater than 100,000 persons that had the highest total number of homicides according to the uniform crime report of the Federal Bureau of Investigation for the most recent year available;(B)the 5 jurisdictions with such a population, other than the jurisdictions covered by paragraph (1), with the highest per capita rate of homicide according to the uniform crime report of the Federal Bureau of Investigation for the most recent year available; and(C)the 3 Tribal jurisdictions that have the highest homicide crime rates, as determined by the Attorney General.(2)

Limitation

The 15 jurisdictions described in subparagraphs (A) and (B) shall not include any jurisdiction other than those within the 50 States.(d)

Annual reports

Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing the following information:(1)The number of individuals indicted for a violation of a covered firearms provision during the preceding year as a result of the program.(2)The increase or decrease in the number of individuals indicted for a violation of a covered firearms provision during the preceding year as a result of the program when compared with the year before such preceding year.(3)The number of individuals held without bond in anticipation of prosecution as a result of the program during the preceding year.(4)To the extent the information is available, the average length of prison sentence of the individuals convicted of a violation of a covered firearms provision as a result of the program.(5)The number of multijurisdictional task forces established and the number of individuals arrested, indicted, convicted or acquitted of charges for a violation of a covered firearms provision.(e)

Authorization of appropriations

(1)

In general

There are authorized to be appropriated to carry out the program under this section $15,000,000 for each of fiscal years 2025, 2026, and 2027, which shall be used for salaries and expenses of Assistant United States Attorneys and Bureau of Alcohol, Tobacco, Firearms and Explosives agents.(2)

Use of funds

(A)

Assistant United States Attorneys

The Assistant United States Attorneys hired using amounts authorized to be appropriated under paragraph (1) shall prosecute violations of covered firearms provisions in accordance with any agreement entered into under subsection (b)(2).(B)

ATF agents

The Bureau of Alcohol, Tobacco, Firearms and Explosives agents hired using amounts authorized to be appropriated under paragraph (1) shall, to the maximum extent practicable, concentrate their investigations on violations of covered firearms provisions in accordance with any agreement entered into under subsection (b)(2), with an emphasis on heightened enforcement and prosecution of straw purchasers under section 932 or 933 of title 18, United States Code.

Prosecution of felons and fugitives who attempt to illegally purchase firearms

(a)

Task Force

(1)

Establishment

There is established a task force within the Department of Justice, which shall be known as the Felon and Fugitive Firearm Task Force (referred to in this section as the Task Force), to strengthen the efforts of the Department of Justice to investigate and prosecute cases of convicted felons and fugitives from justice who illegally attempt to purchase a firearm.(2)

Membership

The members of the Task Force shall be—(A)the Deputy Attorney General, who shall serve as the Chairperson of the Task Force;(B)the Assistant Attorney General for the Criminal Division;(C)the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives;(D)the Director of the Federal Bureau of Investigation; and(E)such other officers or employees of the Department of Justice as the Attorney General may designate.(3)

Duties

The Task Force shall—(A)provide direction for the investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm; and(B)provide recommendations to the Attorney General relating to—(i)the allocation and reallocation of resources of the Department of Justice for investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm;(ii)enhancing cooperation among agencies and entities of the Federal Government in the investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm;(iii)enhancing cooperation among Federal, State, and local authorities responsible for the investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm; and(iv)changes in rules, regulations, or policy to improve the effective investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm.(4)

Meetings

The Task Force shall meet not less than twice per year.(5)

Termination

The Task Force shall terminate on the date that is 5 years after the date of enactment of this Act.(b)

Authorization for use of funds

Section 524(c)(1) of title 28, United States Code, is amended—(1)in subparagraph (I), by striking and at the end;(2)in subparagraph (J), by striking the period at the end and inserting ; and; and(3)by inserting after subparagraph (J) the following:

(K)the investigation and prosecution of cases of convicted felons and fugitives from justice who illegally attempt to purchase a firearm, in accordance with the direction provided under section 9 of the Protecting Communities and Preserving the Second Amendment Act of 2024, provided that—(i)not more than $10,000,000 shall be available to the Attorney General for each of fiscal years 2025 through 2029 under this subparagraph; and(ii)not more than 5 percent of the amounts made available under this subparagraph may be used for the administrative costs of the task force established under section 9 of the Protecting Communities and Preserving the Second Amendment Act of 2024.

10.

Limitation on operations by the Department of Justice

The Department of Justice, and any of the law enforcement coordinate agencies of the Department of Justice, shall not conduct any operation where a Federal firearms licensee is directed, instructed, enticed, or otherwise encouraged by the Department of Justice to sell a firearm to an individual if the Department of Justice, or a coordinate agency, knows or has reasonable cause to believe that such an individual is purchasing on behalf of another for an illegal purpose unless the Attorney General, the Deputy Attorney General, or the Assistant Attorney General for the Criminal Division personally reviews and approves the operation, in writing, and determines that the agency has prepared an operational plan that includes sufficient safeguards to prevent firearms from being transferred to third parties without law enforcement taking reasonable steps to lawfully interdict those firearms.

11.

Increased penalties for lying and buying

Section 924(a)(1) of title 18, United States Code, is amended in the undesignated matter following subparagraph (D) by striking five years and inserting the following: 5 years (or, in the case of a violation under subparagraph (A), not more than 10 years).

12.

Amendment to section 924(a)

Section 924(a)(8) of title 18, United States Code, is amended by striking (d) or (g) and inserting (d), (g), or (n).

13.

Study by the National Institute of Justice and National Academy of Sciences on the causes of mass shootings

(a)

In general

(1)

Study

(A)

In general

Not later than 90 days after the date of enactment of this Act, the Attorney General shall instruct the Director of the National Institute of Justice, to conduct a peer-reviewed study to examine various sources and causes of mass shootings including psychological factors, the impact of violent video games, and other factors. (B)

Contract with the National Academy of Sciences

The Director shall enter into a contract with the National Academy of Sciences to conduct this study jointly with an independent panel of 5 experts appointed by the Academy.(2)

Report

Not later than 1 year after the date on which the study required under paragraph (1) begins, the Director of the National Institute of Justice shall submit to Congress a report detailing the findings of the study.(b)

Issues examined

The study conducted under subsection (a)(1) shall examine—(1)mental illness;(2)the availability of mental health and other resources and strategies to help families detect and counter tendencies toward violence;(3)the availability of mental health and other resources at schools to help detect and counter tendencies of students towards violence;(4)the extent to which perpetrators of mass shootings, either alleged, convicted, deceased, or otherwise, played violent or adult-themed video games and whether the perpetrators of mass shootings discussed, played, or used violent or adult-themed video games in preparation of or to assist in carrying out their violent actions;(5)familial relationships, including the level of involvement and awareness of parents;(6)exposure to bullying; and(7)the extent to which perpetrators of mass shootings were acting in a copycat manner based upon previous violent events.

14.

Reports to Congress regarding ammunition purchases by Federal agencies

Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Chairs and Ranking Members of the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Appropriations, the Committee on the Judiciary, the Committee on Homeland Security, and the Committee on Oversight and Accountability of the House of Representatives, a report including—(1)details of all purchases of ammunition by each Federal agency during the preceding year;(2)a summary of all purchases, solicitations, and expenditures on ammunition by each Federal agency during the preceding year;(3)a summary of all the rounds of ammunition expended by each Federal agency and a current listing of stockpiled ammunition for each Federal agency during the preceding year; and(4)an estimate of ammunition needs and purchases for each Federal agency for the next fiscal year.

15.

Reduction of Byrne JAG funds for State failure to provide mental health records to NICS

Section 104(b) of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40914(b)) is amended—(1)by striking paragraphs (1) and (2);(2)by redesignating paragraph (3) as paragraph (2);(3)in paragraph (2), as so redesignated, by striking of paragraph (2) and inserting of paragraph (1); and(4)by inserting before paragraph (2), as so redesignated, the following:

(1)

Reduction for failure to provide mental health records

(A)

In general

During the period beginning on the date that is 18 months after the date of enactment of the Protecting Communities and Preserving the Second Amendment Act of 2024 and ending on the day before the date described in subparagraph (B), the Attorney General shall withhold 5 percent of the amount that would otherwise be allocated to a State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156) if the State does not—(i)provide not less than 90 percent of the records required to be provided under sections 102 and 103; or(ii)have in effect a statute that—(I)requires the State to provide the records required to be provided under sections 102 and 103; and(II)implements a relief from disabilities program in accordance with section 105.(B)

Final implementation deadline

Beginning on the date that is 5 years after the date of enactment of the Protecting Communities and Preserving the Second Amendment Act of 2024, the Attorney General shall withhold 10 percent of the amount that would otherwise be allocated to a State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156) if the State does not have in effect a statute described in subparagraph (A)(ii) of this paragraph.

16.

Firearm commerce modernization

(a)

Firearms dispositions

Section 922(b)(3) of title 18, United States Code, is amended—(1)in the matter preceding subparagraph (A), by striking located and inserting located or temporarily located; and(2)in subparagraph (A)—(A)by striking rifle or shotgun and inserting firearm;(B)by striking located and inserting located or temporarily located; and(C)by striking both such States and inserting the State in which the transfer is conducted and the State of residence of the transferee.(b)

Dealer location

Section 923 of title 18, United States Code, is amended—(1)in subsection (j)—(A)in the first sentence, by striking , and such location is in the State which is specified on the license; and(B)in the last sentence—(i)by inserting transfer, after sell,; and(ii)by striking Act, and all that follows and inserting Act.; and(2)by adding at the end the following:

(m)Nothing in this chapter shall be construed to prohibit the sale, transfer, delivery, or other disposition of a firearm or ammunition—(1)by a person licensed under this chapter to another person so licensed, at any location in any State; or(2)by a licensed importer, licensed manufacturer, or licensed dealer to a person not licensed under this chapter, at a temporary location described in subsection (j) in any State.

(c)

Residence of United States officers

Section 921 of title 18, United States Code, is amended by striking subsection (b) and inserting the following:

(b)For purposes of this chapter:(1)A member of the Armed Forces on active duty, or a spouse of such a member, is a resident of—(A)the State in which the member or spouse maintains legal residence;(B)the State in which the permanent duty station of the member is located; and(C)the State in which the member maintains a place of abode from which the member commutes each day to the permanent duty station of the member.(2)An officer or employee of the United States (other than a member of the Armed Forces) who is stationed outside the United States for a period of more than 1 year, and a spouse of such an officer or employee, is a resident of the State in which the person maintains legal residence.

17.

Interstate transportation of firearms or ammunition

(a)

In general

Section 926A of title 18, United States Code, is amended to read as follows:

926A.

Interstate transportation of firearms or ammunition

(a)

Definition

In this section, the term transport includes—(1)staying in temporary lodging overnight; (2)stopping for food, fuel, vehicle maintenance, an emergency, or medical treatment; and (3)any other activity incidental to the transport. (b)

Authorization

Notwithstanding any provision of any law (including a rule or regulation) of a State or any political subdivision thereof, a person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to—(1)transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation—(A)the firearm is unloaded; and(B)(i)if the transportation is by motor vehicle—(I)the firearm is not directly accessible from the passenger compartment of the motor vehicle; or(II)if the motor vehicle is without a compartment separate from the passenger compartment, the firearm is—(aa)in a locked container other than the glove compartment or console; or(bb)secured by a secure gun storage or safety device; or(ii)if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device; and(2)transport ammunition for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, to any other such place if, during the transportation—(A)the ammunition is not loaded into a firearm; and(B)(i)if the transportation is by motor vehicle—(I)the ammunition is not directly accessible from the passenger compartment of the motor vehicle; or(II)if the motor vehicle is without a compartment separate from the passenger compartment, the ammunition is in a locked container other than the glove compartment or console; or(ii)if the transportation is by other means, the ammunition is in a locked container.(c)

State law

(1)

Arrest authority

A person who is transporting a firearm or ammunition may not be—(A)arrested for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is probable cause to believe that the transportation is not in accordance with subsection (b); or(B)detained for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is reasonable suspicion that the transportation is not in accordance with subsection (b).(2)

Prosecution

(A)

Burden of proof

If a person asserts this section as a defense in a criminal proceeding, the government shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person was not in accordance with subsection (b).(B)

Prevailing defendant

If a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant reasonable attorney's fees.

(b)

Technical and conforming amendment

The table of sections for chapter 44 of title 18, United States Code, is amended by striking the item relating to section 926A and inserting the following:

926A. Interstate transportation of firearms or ammunition.

18.

Preventing duplicative grants

Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended by adding at the end the following:

(o)

Preventing duplicative grants

(1)

In general

Before the Attorney General awards a grant to an applicant under this part, the Attorney General shall compare potential grant awards with grants awarded under part A or T to determine if duplicate grant awards are awarded for the same purpose.(2)

Report

If the Attorney General awards duplicate grants to the same applicant for the same purpose the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes—(A)a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and(B)the reason the Attorney General awarded the duplicate grants.

19.

Regional firearms trafficking task forces

(a)

In general

The Attorney General shall establish or continue to maintain a firearms trafficking task force in each of the following field divisions of the Bureau of Alcohol, Tobacco, Firearms and Explosives:(1)The Houston Field Division.(2)The Phoenix Field Division.(3)The Dallas Field Division.(4)The Los Angeles Field Division.(b)

Staffing

Each firearms trafficking task force established or maintained under subsection (a) shall consist of no fewer than 12 special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives.(c)

Duties

Each firearms trafficking task force established or maintained under subsection (a) shall investigate firearms trafficking, with an emphasis on detecting and investigating violations of sections 932 and 933 of title 18, United States Code.