[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 494 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 494

         To require a background check for every firearm sale.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2023

 Mr. Murphy (for himself, Ms. Baldwin, Mr. Bennet, Mr. Blumenthal, Mr. 
Booker, Mr. Brown, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, Mr. 
Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, Mrs. Feinstein, Mr. 
Fetterman, Mrs. Gillibrand, Ms. Hassan, Mr. Heinrich, Mr. Hickenlooper, 
 Ms. Hirono, Mr. Kaine, Mr. Kelly, Mr. King, Ms. Klobuchar, Mr. Lujan, 
  Mr. Markey, Mr. Menendez, Mr. Merkley, Mrs. Murray, Mr. Ossoff, Mr. 
Padilla, Mr. Peters, Mr. Reed, Ms. Rosen, Mr. Sanders, Mr. Schatz, Mr. 
  Schumer, Mrs. Shaheen, Ms. Smith, Ms. Stabenow, Mr. Van Hollen, Mr. 
  Warner, Mr. Warnock, Ms. Warren, Mr. Welch, Mr. Whitehouse, and Mr. 
Wyden) introduced the following bill; which was read twice and referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
         To require a background check for every firearm sale.

    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 ``Background Check Expansion Act''.

SEC. 2. FIREARMS TRANSFERS.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(aa)(1)(A) It shall be unlawful for any person who is not a 
licensed importer, licensed manufacturer, or licensed dealer to 
transfer a firearm to any other person who is not so licensed, unless a 
licensed importer, licensed manufacturer, or licensed dealer has first 
taken possession of the firearm for the purpose of complying with 
subsection (t).
    ``(B) Upon taking possession of a firearm under subparagraph (A), a 
licensee shall comply with all requirements of this chapter as if the 
licensee were transferring the firearm from the inventory of the 
licensee to the unlicensed transferee.
    ``(C) If a transfer of a firearm described in subparagraph (A) will 
not be completed for any reason after a licensee takes possession of 
the firearm (including because the transfer of the firearm to, or 
receipt of the firearm by, the transferee would violate this chapter), 
the return of the firearm to the transferor by the licensee shall not 
constitute the transfer of a firearm for purposes of this chapter.
    ``(2) Paragraph (1) shall not apply to--
            ``(A) a law enforcement agency or any law enforcement 
        officer, armed private security professional, or member of the 
        Armed Forces, to the extent the officer, professional, or 
        member is acting within the course and scope of employment and 
        official duties;
            ``(B) a transfer that is a loan or bona fide gift between 
        spouses, between domestic partners, between parents and their 
        children, including step-parents and their step-children, 
        between siblings, between aunts or uncles and their nieces or 
        nephews, or between grandparents and their grandchildren;
            ``(C) a transfer to an executor, administrator, trustee, or 
        personal representative of an estate or a trust that occurs by 
        operation of law upon the death of another person;
            ``(D) a temporary transfer that is necessary to prevent 
        imminent death or great bodily harm, including harm to self, 
        family, household members, or others, if the possession by the 
        transferee lasts only as long as immediately necessary to 
        prevent the imminent death or great bodily harm, including the 
        harm of domestic violence, dating partner violence, sexual 
        assault, stalking, and domestic abuse;
            ``(E) a transfer that is approved by the Attorney General 
        under section 5812 of the Internal Revenue Code of 1986; or
            ``(F) 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 firearms 
        under State or Federal law, and the transfer takes place and 
        the transferee's possession of the firearm is exclusively--
                    ``(i) at a shooting range or in a shooting gallery 
                or other area designated for the purpose of target 
                shooting;
                    ``(ii) while reasonably necessary for the purposes 
                of hunting, trapping, or fishing, if the transferor--
                            ``(I) has no reason to believe that the 
                        transferee intends to use the firearm in a 
                        place where it is illegal; and
                            ``(II) has reason to believe that the 
                        transferee will comply with all licensing and 
                        permit requirements for such hunting, trapping, 
                        or fishing; or
                    ``(iii) while in the presence of the transferor.
    ``(3) It shall be unlawful for a licensed importer, licensed 
manufacturer, or licensed dealer to transfer possession of, or title 
to, a firearm to another person who is not so licensed unless the 
importer, manufacturer, or dealer has provided such other person with a 
notice of the prohibition under paragraph (1), and such other person 
has certified that such other person has been provided with this notice 
on a form prescribed by the Attorney General.''.
    (b) Amendment to Section 924(a).--Section 924(a)(5) of title 18, 
United States Code, is amended by striking ``(s) or (t)'' and inserting 
``(s), (t), or (aa)''.
    (c) Rules of Interpretation.--Nothing in this Act, or any amendment 
made by this Act, shall be construed to--
            (1) authorize the establishment, directly or indirectly, of 
        a national firearms registry; or
            (2) interfere with the authority of a State, under section 
        927 of title 18, United States Code, to enact a law on the same 
        subject matter as this Act.
    (d) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect 180 days after the date of enactment of this Act.
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