[House Report 116-11]
[From the U.S. Government Publishing Office]


116th Congress }                                          { REPORT
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 116-11

======================================================================
 
                BIPARTISAN BACKGROUND CHECKS ACT OF 2019

                                _______
                                

 February 22, 2019.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                         [To accompany H.R. 8]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 8) to require a background check for every firearm 
sale, having considered the same, report favorably thereon with 
an amendment and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for the Legislation..........................     3
Hearings.........................................................     5
Committee Consideration..........................................     5
Committee Votes..................................................     6
Committee Oversight Findings.....................................    19
New Budget Authority and Tax Expenditures and Congressional 
  Budget 
  Office Cost Estimate...........................................    20
Duplication of Federal Programs..................................    20
Performance Goals and Objectives.................................    20
Advisory on Earmarks.............................................    20
Section-by-Section Analysis......................................    20
Changes in Existing Law Made by the Bill, as Reported............    22
Dissenting Views.................................................    42

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Bipartisan Background Checks Act of 
2019''.

SEC. 2. PURPOSE.

  The purpose of this Act is to utilize the current background checks 
process in the United States to ensure individuals prohibited from gun 
possession are not able to obtain firearms.

SEC. 3. FIREARMS TRANSFERS.

  Section 922 of title 18, United States Code, is amended--
          (1) by striking subsection (s);
          (2) by redesignating subsection (t) as subsection (s); and
          (3) by inserting after subsection (s), as redesignated, the 
        following:
  ``(t)(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 
(s).
  ``(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, 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, if the possession by the 
        transferee lasts only as long as immediately necessary to 
        prevent the imminent death or great bodily harm;
          ``(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)(A) Notwithstanding any other provision of this chapter, the 
Attorney General may implement this subsection with regulations.
  ``(B) Regulations promulgated under this paragraph may not include 
any provision requiring licensees to facilitate transfers in accordance 
with paragraph (1).
  ``(C) Regulations promulgated under this paragraph may not include 
any provision requiring persons not licensed under this chapter to keep 
records of background checks or firearms transfers.
  ``(D) Regulations promulgated under this paragraph may not include 
any provision placing a cap on the fee licensees may charge to 
facilitate transfers in accordance with paragraph (1).
  ``(4) 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.''.

SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.

  (a) Section 922.--Section 922(y)(2) of title 18, United States Code, 
is amended in the matter preceding subparagraph (A) by striking ``, 
(g)(5)(B), and (s)(3)(B)(v)(II)'' and inserting ``and (g)(5)(B)''.
  (b) Consolidated and Further Continuing Appropriations Act, 2012.--
Section 511 of title V of division B of the Consolidated and Further 
Continuing Appropriations Act, 2012 (18 U.S.C. 922 note) is amended by 
striking ``subsection 922(t)'' each place it appears and inserting 
``subsection (s) or (t) of section 922''.

SEC. 5. RULE OF CONSTRUCTION.

  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.

SEC. 6. EFFECTIVE DATE.

  The amendments made by this Act shall take effect 210 days after the 
date of the enactment of this Act.

                          Purpose and Summary

    H.R. 8, the ``Bipartisan Background Checks Act of 2019,'' 
would make it illegal for any person who is not a licensed 
firearm importer, manufacturer, or dealer to transfer a firearm 
to any other person who is not so licensed without a background 
check. Individuals seeking to transfer a firearm under this 
measure would be required to visit a licensed firearms dealer 
to run the necessary background check before the transfer could 
be finalized. H.R. 8 is intended to provide an accurate and 
speedy manner to ensure firearms do not end up in the wrong 
hands. An internal assessment by the Federal Bureau of 
Investigation (FBI) demonstrated that the National Instant 
Criminal Background Check System (NICS) background checks are 
approximately 99.3 percent to 99.8 percent accurate, and in 90 
percent of cases, are processed within 90 seconds.\1\
---------------------------------------------------------------------------
    \1\ Office of the Inspector Gen., U.S. Dep't of Justice, Audit of 
the Handling of Firearms Purchase Denials Through the National Instant 
Criminal Background Check System (Sept. 2016), https://oig.justice.gov/
reports/2016/a1632.pdf; Federal Bureau of Investigation, National 
Instant Criminal Background Check System Celebrates 20 Years of 
Service, Criminal Justice Information Servs. (Nov. 30, 2018), https://
www.fbi.gov/services/cjis/cjis-link/national-instantcriminal-
background-check-system-celebrates-20-years-of-service.
---------------------------------------------------------------------------

                Background and Need for the Legislation

    In any given year, more than 120,000 Americans are shot in 
murders, assaults, suicides and suicide attempts, unintentional 
shootings, or police actions. Of these, 35,000 result in death. 
Over 17,000 of those injured or killed are children and teens. 
On average, 34 people in America are murdered on account of gun 
violence every single day.\2\
---------------------------------------------------------------------------
    \2\ Key Gun Violence Statistics, Brady Campaign to Prevent Gun 
Violence, http://www.bradycampaign.org/key-gun-violence-statistics 
(last visited Feb. 20, 2019).
---------------------------------------------------------------------------
    Gun violence of this magnitude is a distinctly American 
problem. A country to country comparison is shocking. For 
example, in 2011 the United Kingdom had 146 deaths due to gun 
violence; Denmark, 71; Portugal, 142; and Japan, just 30.\3\ A 
recent study in the American Journal of Medicine found that, 
compared to 22 other high-income countries, the gun-related 
murder rate in the United States is 25 times higher.\4\ Even 
when you adjust for population differences, Americans are 
disproportionally killed by gun violence.
---------------------------------------------------------------------------
    \3\ The University of Sydney's Sydney School of Public Health, Gun 
Facts, Figures and the Law, http://www.gunpolicy.org/.
    \4\ Daniel White, America's Gun Homicide Rate Is 25 Times Higher 
Than Other Rich Countries, Time (Feb. 3, 2016), http://time.com/
4206484/america-violent-death-rate-higher/.
---------------------------------------------------------------------------
    In the modern era, the daily ravage of gun violence is, 
unfortunately, all too frequently punctuated by ``mass 
shootings,'' which the Federal Bureau of Investigation (FBI) 
defines as shootings where four or more victims are killed.\5\ 
Since the mass shooting at Columbine High School in Littleton, 
Colorado in 1999, where 12 students and one teacher were 
killed, there have been a number of mass shootings, including:
---------------------------------------------------------------------------
    \5\ See, e.g., Serial Murder: Multi-Disciplinary Perspectives for 
Investigators, FBI, National Center for the Analysis of Violent Crime, 
Behavioral Analysis Unit 2 (2005). The term ``mass murder'' is defined 
as ``a number of murders (four or more) occurring during the same 
incident, with no distinctive time period between the murders.'' Id.
---------------------------------------------------------------------------
           Virginia Tech (2007): 27 students and five 
        teachers were killed;
           Sandy Hook Elementary School (2012): 20 
        children and six adults were killed;
           Aurora, Colorado (2012): a gunman opened fire 
        in a movie theater, killing 12 people;
           Charleston, South Carolina (2015): nine people 
        were shot dead by a white supremacist at the historic 
        Emanuel African Methodist Episcopal Church;
           San Bernardino (2015): 14 people were killed at 
        an office gathering;
           Pulse nightclub, Orlando (2016): 49 people were 
        killed inside a gay nightclub;
           Mandalay Bay, Las Vegas (2017): the shooter 
        opened fire on a crowd of concertgoers at a country 
        music festival, killing 58 people and injuring nearly 
        500 others;
           Sutherland Springs, Texas (2017): 25 people and 
        an unborn child were killed during a Sunday morning 
        church service;
           Parkland, Florida (2018): 17 adults and 
        students were killed at Marjory Stoneman Douglas High 
        School; and
           Thousand Oaks, California (2018): 12 people 
        were killed at the Borderline Bar and Grill.\6\
---------------------------------------------------------------------------
    \6\ Deadliest Mass Shootings in Modern US History Fast Facts, CNN 
(Dec. 15, 2018), https://www.cnn.com/2013/09/16/us/20-deadliest-mass-
shootings-in-u-s-history-fast-facts/index.html.
---------------------------------------------------------------------------
    The rate of mass shootings in the United States has 
steadily increased over the past 30 years,\7\ with a sharp 
escalation since 2011. Scholars from the Harvard School of 
Public Health found that from 1982 to 2011 public mass 
shootings occurred on average every 200 days. Since September 
6, 2011, however, public mass shootings have occurred every 64 
days on average.\8\ The increased frequency of mass public 
shootings is compounded by the fact that mass shooters are 
increasingly using more deadly semi-automatic, assault-style 
weapons to perpetrate their heinous acts.\9\
---------------------------------------------------------------------------
    \7\ Ping-I Lin et al., What Have We Learned from the Time Trend of 
Mass Shootings in the U.S.?, Pub. Library of Science San Francisco, 
Vol.13 Issue 10 (2018).
    \8\ Amy P. Cohen et al., Rate of Mass Shootings Has Tripled Since 
2011, Harvard Research Shows, Mother Jones, Oct. 5, 2014, https://
www.motherjones.com/politics/2014/10/mass-shootings-increasing-harvard-
research/#.
    \9\ Christopher Ingraham, Assault Rifles Are Becoming Mass 
Shooters' Weapon of Choice, Wash. Post, June 12, 2016, https://
www.washingtonpost.com/news/wonk/wp/2016/06/12/the-gun-used-in-the-
orlando-shooting-is-becoming-mass-shooters-weapon-of-choice/
?utm_term=.54bf5c4beaa7; C.J. Chivers et al., With AR-15s, Mass 
Shooters Attack with the Rifle Firepower Typically Used by Infantry 
Troops, N.Y. Times, Feb. 28, 2018, https://www.nytimes.com/interactive/
2018/02/28/us/ar-15-rifle-mass-shootings.html.
---------------------------------------------------------------------------
    The Gun Control Act of 1968 established the framework for 
legally prohibiting certain categories of people from 
possessing firearms.\10\ This list of ``prohibited persons'' 
has grown over the years, and now includes categories such as 
felons, fugitives, domestic abusers, and those found by a court 
or other tribunal to be seriously mentally ill. Only in 1993, 
with the passage of the Brady Handgun Violence Prevention Act 
(Brady Act), did Congress provide the public with a pre-sale 
process for checking whether a prospective firearm purchaser is 
legally able to purchase the firearm.\11\
---------------------------------------------------------------------------
    \10\ 10 Gun Control Act of 1968, Pub. L. No. 90-618, 82 Stat. 1213-
2 (1968).
    \11\ Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 
107 Stat. 1536 (1993).
---------------------------------------------------------------------------
    The Brady Act established the National Instant Criminal 
Background Check System (often called ``the NICS'') as a 
mechanism for federally licensed firearms dealers to accomplish 
pre-sale checks. The Brady Act background check requirement 
applies only to licensed dealers, allowing transactions 
conducted by private, unlicensed sellers to be completed 
without any check. Private, unlicensed sellers need not conduct 
any check under current law, even if the seller sells a large 
number of guns.
    To address this gap, a bipartisan group of Members 
introduced H.R. 8, the ``Bipartisan Background Checks Act of 
2019.'' This bill would make it illegal for any person who is 
not a licensed firearm importer, manufacturer, or dealer to 
transfer a firearm to any other person who is not so licensed 
without a background check, subject to certain exceptions. 
Individuals seeking to transfer a firearm under this measure 
would be required to visit a licensed firearms dealer to run 
the necessary background check before the transfer could be 
finalized.

                                Hearings

    The Committee's hearing on ``Preventing Gun Violence: A 
Call to Action,'' held on February 6, 2019, was used to 
consider H.R. 8. During the hearing, the Committee heard 
testimony on a wide variety of gun-related topics, including 
background check deficiencies and loophole. The Committee heard 
testimony from: Aalayah Eastmond, a student at Marjory Stoneman 
Douglas High School; Savannah Lindquist, a student at Old 
Dominion University; Diane Latiker, President and Founder of 
Kids Off the Block; Dr. Joseph V. Sakran of John Hopkins 
Hospital; Major Sabrina Tapp-Harper of the Baltimore City 
Sherriff's Office; Chief Art Acevedo of the Houston Police 
Department; Dr. Joyce Lee Malcolm, professor at the Antonin 
Scalia Law School; and Robyn Thomas, Executive Director of the 
Giffords Law Center. During the hearing, the witnesses 
testified to the impact gun violence on communities, discussed 
a wide range of policy proposals, and offered suggestions on 
how current firearms restrictions may be improved.

                        Committee Consideration

    On Wednesday, February 13, 2019, the Committee met in open 
session and ordered the bill, H.R. 8, favorably reported with 
an amendment, by a rollcall vote of 23 to 15, a quorum being 
present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following rollcall votes occurred during the Committee's 
consideration of H.R. 8:
    1. An amendment by Mr. Sensenbrenner amending section 3 to 
add a provision that would exempt from the bill's background 
check requirement a transfer to an individual who is the holder 
of a valid permit to carry a concealed firearm, which has been 
issued by a state was defeated by a rollcall vote of 13 to 21.

                             ROLLCALL NO. 1
------------------------------------------------------------------------
                                                  Ayes     Nos   Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10).........................  ......      X   .......
Zoe Lofgren (CA-19)............................  ......      X   .......
Sheila Jackson Lee (TX-18).....................  ......      X   .......
Steve Cohen (TN-09)............................  ......      X   .......
Hank Johnson (GA-04)...........................  ......      X   .......
Ted Deutch (FL-02).............................  ......  ......  .......
Karen Bass (CA-37).............................  ......  ......  .......
Cedric Richmond (LA-02)........................  ......      X   .......
Hakeem Jeffries (NY-08)........................  ......      X   .......
David Cicilline (RI-01)........................  ......      X   .......
Eric Swalwell (CA-15)..........................  ......  ......  .......
Ted Lieu (CA-33)...............................  ......      X   .......
Jamie Raskin (MD-08)...........................  ......      X   .......
Pramila Jayapal (WA-07)........................  ......      X   .......
Val Demings (FL-10)............................  ......      X   .......
Lou Correa (CA-46).............................  ......      X   .......
Mary Gay Scanlon (PA-05).......................  ......      X   .......
Sylvia Garcia (TX-29)..........................  ......      X   .......
Joseph Neguse (CO-02)..........................  ......      X   .......
Lucy McBath (GA-06)............................  ......      X   .......
Greg Stanton (AZ-09)...........................  ......      X   .......
Madeleine Dean (PA-04).........................  ......      X   .......
Debbie Mucarsel-Powell (FL-26).................  ......      X   .......
Veronica Escobar (TX-16).......................  ......      X   .......
 
Doug Collins (GA-27)...........................      X   ......  .......
James F. Sensenbrenner (WI-05).................      X   ......  .......
Steve Chabot (OH-01)...........................  ......  ......  .......
Louie Gohmert (TX-01)..........................      X   ......  .......
Jim Jordan (OH-04).............................      X   ......  .......
Ken Buck (CO-04)...............................      X   ......  .......
John Ratcliffe (TX-04).........................      X   ......  .......
Martha Roby (AL-02)............................      X   ......  .......
Matt Gaetz (FL-01).............................      X   ......  .......
Mike Johnson (LA-04)...........................      X   ......  .......
Andy Biggs (AZ-05).............................      X   ......  .......
Tom McClintock (CA-04).........................      X   ......  .......
Debbie Lesko (AZ-08)...........................  ......  ......  .......
Guy Reschenthaler (PA-14)......................  ......  ......  .......
Ben Cline (VA-06)..............................      X   ......  .......
Kelly Armstrong (ND-AL)........................      X   ......  .......
Greg Steube (FL-17)............................  ......  ......  .......
                                                ------------------------
    Total......................................     13      21   .......
------------------------------------------------------------------------

    2. An amendment by Mr. Gohmert amending section 3 to add a 
provision that would exempt the exchange of firearms from the 
bill's background check requirement was defeated by a rollcall 
vote of 12 to 17.

                             ROLLCALL NO. 2
------------------------------------------------------------------------
                                                  Ayes     Nos   Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10).........................  ......      X   .......
Zoe Lofgren (CA-19)............................  ......      X   .......
Sheila Jackson Lee (TX-18).....................  ......  ......  .......
Steve Cohen (TN-09)............................  ......  ......  .......
Hank Johnson (GA-04)...........................  ......      X   .......
Ted Deutch (FL-02).............................  ......      X   .......
Karen Bass (CA-37).............................  ......  ......  .......
Cedric Richmond (LA-02)........................  ......  ......  .......
Hakeem Jeffries (NY-08)........................  ......      X   .......
David Cicilline (RI-01)........................  ......      X   .......
Eric Swalwell (CA-15)..........................  ......  ......  .......
Ted Lieu (CA-33)...............................  ......      X   .......
Jamie Raskin (MD-08)...........................  ......      X   .......
Pramila Jayapal (WA-07)........................  ......  ......  .......
Val Demings (FL-10)............................  ......  ......  .......
Lou Correa (CA-46).............................  ......      X   .......
Mary Gay Scanlon (PA-05).......................  ......      X   .......
Sylvia Garcia (TX-29)..........................  ......      X   .......
Joseph Neguse (CO-02)..........................  ......      X   .......
Lucy McBath (GA-06)............................  ......      X   .......
Greg Stanton (AZ-09)...........................  ......      X   .......
Madeleine Dean (PA-04).........................  ......      X   .......
Debbie Mucarsel-Powell (FL-26).................  ......      X   .......
Veronica Escobar (TX-16).......................  ......      X   .......
 
Doug Collins (GA-27)...........................      X   ......  .......
James F. Sensenbrenner (WI-05).................      X   ......  .......
Steve Chabot (OH-01)...........................  ......  ......  .......
Louie Gohmert (TX-01)..........................      X   ......  .......
Jim Jordan (OH-04).............................      X   ......  .......
Ken Buck (CO-04)...............................      X   ......  .......
John Ratcliffe (TX-04).........................  ......  ......  .......
Martha Roby (AL-02)............................      X   ......  .......
Matt Gaetz (FL-01).............................      X   ......  .......
Mike Johnson (LA-04)...........................      X   ......  .......
Andy Biggs (AZ-05).............................      X   ......  .......
Tom McClintock (CA-04).........................      X   ......  .......
Debbie Lesko (AZ-08)...........................  ......  ......  .......
Guy Reschenthaler (PA-14)......................      X   ......  .......
Ben Cline (VA-06)..............................  ......  ......  .......
Kelly Armstrong (ND-AL)........................  ......  ......  .......
Greg Steube (FL-17)............................      X   ......  .......
                                                ------------------------
    Total......................................     12      17   .......
------------------------------------------------------------------------

    3. An amendment by Mr. Gaetz to require the Attorney 
General to promulgate regulations to cap the amount a firearms 
dealer may charge at zero dollars for any transfer for which 
the background check is not complete within 24 hours and is 
ultimately approved was defeated by a rollcall vote of 15 to 
18.

                             ROLLCALL NO. 4
------------------------------------------------------------------------
                                                  Ayes     Nos   Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10).........................  ......      X   .......
Zoe Lofgren (CA-19)............................  ......      X   .......
Sheila Jackson Lee (TX-18).....................  ......      X   .......
Steve Cohen (TN-09)............................  ......      X   .......
Hank Johnson (GA-04)...........................  ......      X   .......
Ted Deutch (FL-02).............................  ......      X   .......
Karen Bass (CA-37).............................  ......  ......  .......
Cedric Richmond (LA-02)........................  ......  ......  .......
Hakeem Jeffries (NY-08)........................  ......  ......  .......
David Cicilline (RI-01)........................  ......      X   .......
Eric Swalwell (CA-15)..........................  ......  ......  .......
Ted Lieu (CA-33)...............................  ......  ......  .......
Jamie Raskin (MD-08)...........................  ......      X   .......
Pramila Jayapal (WA-07)........................  ......      X   .......
Val Demings (FL-10)............................  ......      X   .......
Lou Correa (CA-46).............................  ......      X   .......
Mary Gay Scanlon (PA-05).......................  ......      X   .......
Sylvia Garcia (TX-29)..........................  ......      X   .......
Joseph Neguse (CO-02)..........................  ......  ......  .......
Lucy McBath (GA-06)............................  ......      X   .......
Greg Stanton (AZ-09)...........................  ......      X   .......
Madeleine Dean (PA-04).........................  ......      X   .......
Debbie Mucarsel-Powell (FL-26).................  ......      X   .......
Veronica Escobar (TX-16).......................  ......      X   .......
 
Doug Collins (GA-27)...........................      X   ......  .......
James F. Sensenbrenner (WI-05).................  ......  ......  .......
Steve Chabot (OH-01)...........................      X   ......  .......
Louie Gohmert (TX-01)..........................      X   ......  .......
Jim Jordan (OH-04).............................      X   ......  .......
Ken Buck (CO-04)...............................      X   ......  .......
John Ratcliffe (TX-04).........................      X   ......  .......
Martha Roby (AL-02)............................      X   ......  .......
Matt Gaetz (FL-01).............................      X   ......  .......
Mike Johnson (LA-04)...........................  ......  ......  .......
Andy Biggs (AZ-05).............................      X   ......  .......
Tom McClintock (CA-04).........................      X   ......  .......
Debbie Lesko (AZ-08)...........................      X   ......  .......
Guy Reschenthaler (PA-14)......................      X   ......  .......
Ben Cline (VA-06)..............................      X   ......  .......
Kelly Armstrong (ND-AL)........................      X   ......  .......
Greg Steube (FL-17)............................      X   ......  .......
                                                ------------------------
    Total......................................     15      18   .......
------------------------------------------------------------------------

    4. An amendment by Mr. Chabot amending section 3 to add an 
exemption from the bill's background check requirement to allow 
a transfer to a law enforcement officer who is authorized to 
carry a firearm as part of his employment was defeated by a 
rollcall vote of 9 to 19.

                             ROLLCALL NO. 6
------------------------------------------------------------------------
                                                  Ayes     Nos   Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10).........................  ......      X   .......
Zoe Lofgren (CA-19)............................  ......      X   .......
Sheila Jackson Lee (TX-18).....................  ......      X   .......
Steve Cohen (TN-09)............................  ......      X   .......
Hank Johnson (GA-04)...........................  ......      X   .......
Ted Deutch (FL-02).............................  ......      X   .......
Karen Bass (CA-37).............................  ......  ......  .......
Cedric Richmond (LA-02)........................  ......  ......  .......
Hakeem Jeffries (NY-08)........................  ......      X   .......
David Cicilline (RI-01)........................  ......      X   .......
Eric Swalwell (CA-15)..........................  ......  ......  .......
Ted Lieu (CA-33)...............................  ......      X   .......
Jamie Raskin (MD-08)...........................  ......      X   .......
Pramila Jayapal (WA-07)........................  ......      X   .......
Val Demings (FL-10)............................  ......      X   .......
Lou Correa (CA-46).............................  ......      X   .......
Mary Gay Scanlon (PA-05).......................  ......      X   .......
Sylvia Garcia (TX-29)..........................  ......      X   .......
Joseph Neguse (CO-02)..........................  ......      X   .......
Lucy McBath (GA-06)............................  ......      X   .......
Greg Stanton (AZ-09)...........................  ......      X   .......
Madeleine Dean (PA-04).........................  ......      X   .......
Debbie Mucarsel-Powell (FL-26).................  ......  ......  .......
Veronica Escobar (TX-16).......................  ......  ......  .......
 
Doug Collins (GA-27)...........................      X   ......  .......
James F. Sensenbrenner (WI-05).................  ......  ......  .......
Steve Chabot (OH-01)...........................      X   ......  .......
Louie Gohmert (TX-01)..........................  ......  ......  .......
Jim Jordan (OH-04).............................      X   ......  .......
Ken Buck (CO-04)...............................  ......  ......  .......
John Ratcliffe (TX-04).........................  ......  ......  .......
Martha Roby (AL-02)............................  ......  ......  .......
Matt Gaetz (FL-01).............................  ......  ......  .......
Mike Johnson (LA-04)...........................      X   ......  .......
Andy Biggs (AZ-05).............................      X   ......  .......
Tom McClintock (CA-04).........................      X   ......  .......
Debbie Lesko (AZ-08)...........................  ......  ......  .......
Guy Reschenthaler (PA-14)......................  ......  ......  .......
Ben Cline (VA-06)..............................      X   ......  .......
Kelly Armstrong (ND-AL)........................      X   ......  .......
Greg Steube (FL-17)............................      X   ......  .......
                                                ------------------------
    Total......................................      9      19   .......
------------------------------------------------------------------------

    5. An amendment by Mr. Johnson of Louisiana eliminating 
from the bill's background check requirement certain 
requirements for a temporary transfer of a firearm to qualify 
under the bill's exemptions was defeated by a rollcall vote of 
11 to 18.

                             ROLLCALL NO. 7
------------------------------------------------------------------------
                                                  Ayes     Nos   Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10).........................  ......      X   .......
Zoe Lofgren (CA-19)............................  ......      X   .......
Sheila Jackson Lee (TX-18).....................  ......  ......  .......
Steve Cohen (TN-09)............................  ......      X   .......
Hank Johnson (GA-04)...........................  ......  ......  .......
Ted Deutch (FL-02).............................  ......      X   .......
Karen Bass (CA-37).............................  ......  ......  .......
Cedric Richmond (LA-02)........................  ......  ......  .......
Hakeem Jeffries (NY-08)........................  ......      X   .......
David Cicilline (RI-01)........................  ......      X   .......
Eric Swalwell (CA-15)..........................  ......      X   .......
Ted Lieu (CA-33)...............................  ......      X   .......
Jamie Raskin (MD-08)...........................  ......      X   .......
Pramila Jayapal (WA-07)........................  ......      X   .......
Val Demings (FL-10)............................  ......      X   .......
Lou Correa (CA-46).............................  ......  ......  .......
Mary Gay Scanlon (PA-05).......................  ......      X   .......
Sylvia Garcia (TX-29)..........................  ......      X   .......
Joseph Neguse (CO-02)..........................  ......      X   .......
Lucy McBath (GA-06)............................  ......      X   .......
Greg Stanton (AZ-09)...........................  ......      X   .......
Madeleine Dean (PA-04).........................  ......      X   .......
Debbie Mucarsel-Powell (FL-26).................  ......      X   .......
Veronica Escobar (TX-16).......................  ......  ......  .......
 
Doug Collins (GA-27)...........................      X   ......  .......
James F. Sensenbrenner (WI-05).................  ......  ......  .......
Steve Chabot (OH-01)...........................      X   ......  .......
Louie Gohmert (TX-01)..........................  ......  ......  .......
Jim Jordan (OH-04).............................  ......  ......  .......
Ken Buck (CO-04)...............................      X   ......  .......
John Ratcliffe (TX-04).........................  ......  ......  .......
Martha Roby (AL-02)............................  ......  ......  .......
Matt Gaetz (FL-01).............................      X   ......  .......
Mike Johnson (LA-04)...........................      X   ......  .......
Andy Biggs (AZ-05).............................      X   ......  .......
Tom McClintock (CA-04).........................  ......  ......  .......
Debbie Lesko (AZ-08)...........................      X   ......  .......
Guy Reschenthaler (PA-14)......................      X   ......  .......
Ben Cline (VA-06)..............................      X   ......  .......
Kelly Armstrong (ND-AL)........................      X   ......  .......
Greg Steube (FL-17)............................      X   ......  .......
                                                ------------------------
    Total......................................     11      18   .......
------------------------------------------------------------------------

    6. An amendment by Mr. Biggs adding a new section to the 
bill expressing a Sense of Congress that rights guaranteed by 
the U.S. Constitution should not be hampered by financial 
restrictions or constraints on the exercise of those rights; 
that the exercise of citizens' Second Amendment rights must not 
be abridged or restricted by burdensome payments or delays in 
the conduct of background checks for lawful firearms transfers; 
and that financial constraints have no place in the exercise of 
constitutional rights in that a citizen's right to bear arms, 
just like a citizen's right to vote, must not be qualified by 
the ability to pay a certain sum of money in order to exercise 
those rights was defeated by a rollcall vote of 13 to 20.

                             ROLLCALL NO. 8
------------------------------------------------------------------------
                                                  Ayes     Nos   Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10).........................  ......      X   .......
Zoe Lofgren (CA-19)............................  ......      X   .......
Sheila Jackson Lee (TX-18).....................  ......      X   .......
Steve Cohen (TN-09)............................  ......      X   .......
Hank Johnson (GA-04)...........................  ......      X   .......
Ted Deutch (FL-02).............................  ......      X   .......
Karen Bass (CA-37).............................  ......  ......  .......
Cedric Richmond (LA-02)........................  ......  ......  .......
Hakeem Jeffries (NY-08)........................  ......      X   .......
David Cicilline (RI-01)........................  ......      X   .......
Eric Swalwell (CA-15)..........................  ......  ......  .......
Ted Lieu (CA-33)...............................  ......      X   .......
Jamie Raskin (MD-08)...........................  ......      X   .......
Pramila Jayapal (WA-07)........................  ......      X   .......
Val Demings (FL-10)............................  ......      X   .......
Lou Correa (CA-46).............................  ......      X   .......
Mary Gay Scanlon (PA-05).......................  ......      X   .......
Sylvia Garcia (TX-29)..........................  ......      X   .......
Joseph Neguse (CO-02)..........................  ......      X   .......
Lucy McBath (GA-06)............................  ......      X   .......
Greg Stanton (AZ-09)...........................  ......      X   .......
Madeleine Dean (PA-04).........................  ......      X   .......
Debbie Mucarsel-Powell (FL-26).................  ......      X   .......
Veronica Escobar (TX-16).......................  ......  ......  .......
 
Doug Collins (GA-27)...........................      X   ......  .......
James F. Sensenbrenner (WI-05).................  ......  ......  .......
Steve Chabot (OH-01)...........................      X   ......  .......
Louie Gohmert (TX-01)..........................      X   ......  .......
Jim Jordan (OH-04).............................      X   ......  .......
Ken Buck (CO-04)...............................      X   ......  .......
John Ratcliffe (TX-04).........................  ......  ......  .......
Martha Roby (AL-02)............................  ......  ......  .......
Matt Gaetz (FL-01).............................      X   ......  .......
Mike Johnson (LA-04)...........................  ......  ......  .......
Andy Biggs (AZ-05).............................      X   ......  .......
Tom McClintock (CA-04).........................      X   ......  .......
Debbie Lesko (AZ-08)...........................      X   ......  .......
Guy Reschenthaler (PA-14)......................      X   ......  .......
Ben Cline (VA-06)..............................      X   ......  .......
Kelly Armstrong (ND-AL)........................      X   ......  .......
Greg Steube (FL-17)............................      X   ......  .......
                                                ------------------------
    Total......................................     13      20   .......
------------------------------------------------------------------------

    7. An amendment by Mr. Steube requiring regulations 
promulgated pursuant to section 922 of title 18, as amended by 
this measure, to require notification to the field office of 
the Federal Bureau of Investigation, the local law enforcement 
agency, the state law enforcement agency; and U.S. Immigration 
and Customs Enforcement in the case of a person illegally or 
unlawfully in the United States was defeated by a rollcall vote 
of 14 to 20.

                             ROLLCALL NO. 10
------------------------------------------------------------------------
                                                  Ayes     Nos   Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10).........................  ......      X   .......
Zoe Lofgren (CA-19)............................  ......      X   .......
Sheila Jackson Lee (TX-18).....................  ......      X   .......
Steve Cohen (TN-09)............................  ......  ......  .......
Hank Johnson (GA-04)...........................  ......      X   .......
Ted Deutch (FL-02).............................  ......      X   .......
Karen Bass (CA-37).............................  ......      X   .......
Cedric Richmond (LA-02)........................  ......  ......  .......
Hakeem Jeffries (NY-08)........................  ......  ......  .......
David Cicilline (RI-01)........................  ......      X   .......
Eric Swalwell (CA-15)..........................  ......  ......  .......
Ted Lieu (CA-33)...............................  ......      X   .......
Jamie Raskin (MD-08)...........................  ......      X   .......
Pramila Jayapal (WA-07)........................  ......      X   .......
Val Demings (FL-10)............................  ......      X   .......
Lou Correa (CA-46).............................  ......      X   .......
Mary Gay Scanlon (PA-05).......................  ......      X   .......
Sylvia Garcia (TX-29)..........................  ......      X   .......
Joseph Neguse (CO-02)..........................  ......      X   .......
Lucy McBath (GA-06)............................  ......      X   .......
Greg Stanton (AZ-09)...........................  ......      X   .......
Madeleine Dean (PA-04).........................  ......      X   .......
Debbie Mucarsel-Powell (FL-26).................  ......      X   .......
Veronica Escobar (TX-16).......................  ......      X   .......
 
Doug Collins (GA-27)...........................      X   ......  .......
James F. Sensenbrenner (WI-05).................  ......  ......  .......
Steve Chabot (OH-01)...........................      X   ......  .......
Louie Gohmert (TX-01)..........................      X   ......  .......
Jim Jordan (OH-04).............................      X   ......  .......
Ken Buck (CO-04)...............................      X   ......  .......
John Ratcliffe (TX-04).........................  ......  ......  .......
Martha Roby (AL-02)............................  ......  ......  .......
Matt Gaetz (FL-01).............................      X   ......  .......
Mike Johnson (LA-04)...........................      X   ......  .......
Andy Biggs (AZ-05).............................      X   ......  .......
Tom McClintock (CA-04).........................      X   ......  .......
Debbie Lesko (AZ-08)...........................      X   ......  .......
Guy Reschenthaler (PA-14)......................      X   ......  .......
Ben Cline (VA-06)..............................      X   ......  .......
Kelly Armstrong (ND-AL)........................      X   ......  .......
Greg Steube (FL-17)............................      X   ......  .......
                                                ------------------------
    Total......................................     14      20   .......
------------------------------------------------------------------------

    8. An amendment by Mrs. Lesko, as amended by Mr. Gaetz, to 
add an exemption from the bill's background check requirement 
for a transfer to a victim of domestic violence or sexual 
assault who is to be protected under an order of protection 
issued by a court of law was defeated by a rollcall vote of 15 
to 19.

                             ROLLCALL NO. 11
------------------------------------------------------------------------
                                                  Ayes     Nos   Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10).........................  ......      X   .......
Zoe Lofgren (CA-19)............................  ......      X   .......
Sheila Jackson Lee (TX-18).....................  ......      X   .......
Steve Cohen (TN-09)............................  ......  ......  .......
Hank Johnson (GA-04)...........................  ......      X   .......
Ted Deutch (FL-02).............................  ......      X   .......
Karen Bass (CA-37).............................  ......      X   .......
Cedric Richmond (LA-02)........................  ......  ......  .......
Hakeem Jeffries (NY-08)........................  ......  ......  .......
David Cicilline (RI-01)........................  ......  ......  .......
Eric Swalwell (CA-15)..........................  ......      X   .......
Ted Lieu (CA-33)...............................  ......      X   .......
Jamie Raskin (MD-08)...........................  ......  ......  .......
Pramila Jayapal (WA-07)........................  ......      X   .......
Val Demings (FL-10)............................  ......      X   .......
Lou Correa (CA-46).............................  ......      X   .......
Mary Gay Scanlon (PA-05).......................  ......      X   .......
Sylvia Garcia (TX-29)..........................  ......      X   .......
Joseph Neguse (CO-02)..........................  ......      X   .......
Lucy McBath (GA-06)............................  ......      X   .......
Greg Stanton (AZ-09)...........................  ......      X   .......
Madeleine Dean (PA-04).........................  ......      X   .......
Debbie Mucarsel-Powell (FL-26).................  ......      X   .......
Veronica Escobar (TX-16).......................  ......      X   .......
 
Doug Collins (GA-27)...........................      X   ......  .......
James F. Sensenbrenner (WI-05).................  ......  ......  .......
Steve Chabot (OH-01)...........................      X   ......  .......
Louie Gohmert (TX-01)..........................      X   ......  .......
Jim Jordan (OH-04).............................      X   ......  .......
Ken Buck (CO-04)...............................      X   ......  .......
John Ratcliffe (TX-04).........................  ......  ......  .......
Martha Roby (AL-02)............................      X   ......  .......
Matt Gaetz (FL-01).............................      X   ......  .......
Mike Johnson (LA-04)...........................      X   ......  .......
Andy Biggs (AZ-05).............................      X   ......  .......
Tom McClintock (CA-04).........................      X   ......  .......
Debbie Lesko (AZ-08)...........................      X   ......  .......
Guy Reschenthaler (PA-14)......................      X   ......  .......
Ben Cline (VA-06)..............................      X   ......  .......
Kelly Armstrong (ND-AL)........................      X   ......  .......
Greg Steube (FL-17)............................      X   ......  .......
                                                ------------------------
    Total......................................     15      19   .......
------------------------------------------------------------------------

    9. An amendment by Mr. Reschenthaler to add an exemption 
from the bill's background check requirement for a transfer by 
an individual who, by his or her own determination, may be a 
risk to himself or herself or others to a person who is not 
prohibited by federal law from receiving a firearm was defeated 
by a rollcall vote of 15 to 20.

                             ROLLCALL NO. 12
------------------------------------------------------------------------
                                                  Ayes     Nos   Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10).........................  ......      X   .......
Zoe Lofgren (CA-19)............................  ......      X   .......
Sheila Jackson Lee (TX-18).....................  ......      X   .......
Steve Cohen (TN-09)............................  ......  ......  .......
Hank Johnson (GA-04)...........................  ......      X   .......
Ted Deutch (FL-02).............................  ......      X   .......
Karen Bass (CA-37).............................  ......      X   .......
Cedric Richmond (LA-02)........................  ......  ......  .......
Hakeem Jeffries (NY-08)........................  ......      X   .......
David Cicilline (RI-01)........................  ......  ......  .......
Eric Swalwell (CA-15)..........................  ......      X   .......
Ted Lieu (CA-33)...............................  ......      X   .......
Jamie Raskin (MD-08)...........................  ......  ......  .......
Pramila Jayapal (WA-07)........................  ......      X   .......
Val Demings (FL-10)............................  ......      X   .......
Lou Correa (CA-46).............................  ......      X   .......
Mary Gay Scanlon (PA-05).......................  ......      X   .......
Sylvia Garcia (TX-29)..........................  ......      X   .......
Joseph Neguse (CO-02)..........................  ......      X   .......
Lucy McBath (GA-06)............................  ......      X   .......
Greg Stanton (AZ-09)...........................  ......      X   .......
Madeleine Dean (PA-04).........................  ......      X   .......
Debbie Mucarsel-Powell (FL-26).................  ......      X   .......
Veronica Escobar (TX-16).......................  ......      X   .......
 
Doug Collins (GA-27)...........................      X   ......  .......
James F. Sensenbrenner (WI-05).................  ......  ......  .......
Steve Chabot (OH-01)...........................      X   ......  .......
Louie Gohmert (TX-01)..........................      X   ......  .......
Jim Jordan (OH-04).............................      X   ......  .......
Ken Buck (CO-04)...............................      X   ......  .......
John Ratcliffe (TX-04).........................  ......  ......  .......
Martha Roby (AL-02)............................      X   ......  .......
Matt Gaetz (FL-01).............................      X   ......  .......
Mike Johnson (LA-04)...........................      X   ......  .......
Andy Biggs (AZ-05).............................      X   ......  .......
Tom McClintock (CA-04).........................      X   ......  .......
Debbie Lesko (AZ-08)...........................      X   ......  .......
Guy Reschenthaler (PA-14)......................      X   ......  .......
Ben Cline (VA-06)..............................      X   ......  .......
Kelly Armstrong (ND-AL)........................      X   ......  .......
Greg Steube (FL-17)............................      X   ......  .......
                                                ------------------------
    Total......................................     15      20   .......
------------------------------------------------------------------------

    10. An amendment by Mr. Armstrong to add an exemption for a 
temporary transfer of a firearm for the purpose of hunting, 
trapping, fishing, ranching, farming, or target practice from 
the bill's background check requirement, and eliminating 
provisions of the temporary transfer section that require 
transferors to have no reason to believe that the transferee 
will use the firearm in a place where that is illegal and the 
transferor has reason to believe that the transferee will abide 
by all licensing and permit requirements for such hunting, 
trapping, and fishing; or the transferee will use the firearm 
in the transferor's presence was defeated by a rollcall vote of 
15 to 23.

                             ROLLCALL NO. 13
------------------------------------------------------------------------
                                                  Ayes     Nos   Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10).........................  ......      X   .......
Zoe Lofgren (CA-19)............................  ......      X   .......
Sheila Jackson Lee (TX-18).....................  ......      X   .......
Steve Cohen (TN-09)............................  ......      X   .......
Hank Johnson (GA-04)...........................  ......      X   .......
Ted Deutch (FL-02).............................  ......      X   .......
Karen Bass (CA-37).............................  ......      X   .......
Cedric Richmond (LA-02)........................  ......  ......  .......
Hakeem Jeffries (NY-08)........................  ......      X   .......
David Cicilline (RI-01)........................  ......      X   .......
Eric Swalwell (CA-15)..........................  ......      X   .......
Ted Lieu (CA-33)...............................  ......      X   .......
Jamie Raskin (MD-08)...........................  ......      X   .......
Pramila Jayapal (WA-07)........................  ......      X   .......
Val Demings (FL-10)............................  ......      X   .......
Lou Correa (CA-46).............................  ......      X   .......
Mary Gay Scanlon (PA-05).......................  ......      X   .......
Sylvia Garcia (TX-29)..........................  ......      X   .......
Joseph Neguse (CO-02)..........................  ......      X   .......
Lucy McBath (GA-06)............................  ......      X   .......
Greg Stanton (AZ-09)...........................  ......      X   .......
Madeleine Dean (PA-04).........................  ......      X   .......
Debbie Mucarsel-Powell (FL-26).................  ......      X   .......
Veronica Escobar (TX-16).......................  ......      X   .......
 
Doug Collins (GA-27)...........................      X   ......  .......
James F. Sensenbrenner (WI-05).................  ......  ......  .......
Steve Chabot (OH-01)...........................      X   ......  .......
Louie Gohmert (TX-01)..........................      X   ......  .......
Jim Jordan (OH-04).............................      X   ......  .......
Ken Buck (CO-04)...............................      X   ......  .......
John Ratcliffe (TX-04).........................  ......  ......  .......
Martha Roby (AL-02)............................      X   ......  .......
Matt Gaetz (FL-01).............................      X   ......  .......
Mike Johnson (LA-04)...........................      X   ......  .......
Andy Biggs (AZ-05).............................      X   ......  .......
Tom McClintock (CA-04).........................      X   ......  .......
Debbie Lesko (AZ-08)...........................      X   ......  .......
Guy Reschenthaler (PA-14)......................      X   ......  .......
Ben Cline (VA-06)..............................      X   ......  .......
Kelly Armstrong (ND-AL)........................      X   ......  .......
Greg Steube (FL-17)............................      X   ......  .......
                                                ------------------------
    Total......................................     15      23   .......
------------------------------------------------------------------------

    11. An amendment in the nature of a substitute by Mr. 
Deutch, changing the effective date of the bill from 180 days 
to 210 days was agreed to by a rollcall vote of 23 to 15.

                             ROLLCALL NO. 14
------------------------------------------------------------------------
                                                  Ayes     Nos   Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10).........................      X   ......  .......
Zoe Lofgren (CA-19)............................      X   ......  .......
Sheila Jackson Lee (TX-18).....................      X   ......  .......
Steve Cohen (TN-09)............................      X   ......  .......
Hank Johnson (GA-04)...........................      X   ......  .......
Ted Deutch (FL-02).............................      X   ......  .......
Karen Bass (CA-37).............................      X   ......  .......
Cedric Richmond (LA-02)........................  ......  ......  .......
Hakeem Jeffries (NY-08)........................      X   ......  .......
David Cicilline (RI-01)........................      X   ......  .......
Eric Swalwell (CA-15)..........................      X   ......  .......
Ted Lieu (CA-33)...............................      X   ......  .......
Jamie Raskin (MD-08)...........................      X   ......  .......
Pramila Jayapal (WA-07)........................      X   ......  .......
Val Demings (FL-10)............................      X   ......  .......
Lou Correa (CA-46).............................      X   ......  .......
Mary Gay Scanlon (PA-05).......................      X   ......  .......
Sylvia Garcia (TX-29)..........................      X   ......  .......
Joseph Neguse (CO-02)..........................      X   ......  .......
Lucy McBath (GA-06)............................      X   ......  .......
Greg Stanton (AZ-09)...........................      X   ......  .......
Madeleine Dean (PA-04).........................      X   ......  .......
Debbie Mucarsel-Powell (FL-26).................      X   ......  .......
Veronica Escobar (TX-16).......................      X   ......  .......
 
Doug Collins (GA-27)...........................  ......      X   .......
James F. Sensenbrenner (WI-05).................  ......  ......  .......
Steve Chabot (OH-01)...........................  ......      X   .......
Louie Gohmert (TX-01)..........................  ......      X   .......
Jim Jordan (OH-04).............................  ......      X   .......
Ken Buck (CO-04)...............................  ......      X   .......
John Ratcliffe (TX-04).........................  ......  ......  .......
Martha Roby (AL-02)............................  ......      X   .......
Matt Gaetz (FL-01).............................  ......      X   .......
Mike Johnson (LA-04)...........................  ......      X   .......
Andy Biggs (AZ-05).............................  ......      X   .......
Tom McClintock (CA-04).........................  ......      X   .......
Debbie Lesko (AZ-08)...........................  ......      X   .......
Guy Reschenthaler (PA-14)......................  ......      X   .......
Ben Cline (VA-06)..............................  ......      X   .......
Kelly Armstrong (ND-AL)........................  ......      X   .......
Greg Steube (FL-17)............................  ......      X   .......
                                                ------------------------
    Total......................................     23      15   .......
------------------------------------------------------------------------

    12. Passage of the bill, as amended, was agreed to by a 
rollcall vote of 23 to 15.

                             ROLLCALL NO. 17
------------------------------------------------------------------------
                                                  Ayes     Nos   Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10).........................      X   ......  .......
Zoe Lofgren (CA-19)............................      X   ......  .......
Sheila Jackson Lee (TX-18).....................      X   ......  .......
Steve Cohen (TN-09)............................      X   ......  .......
Hank Johnson (GA-04)...........................      X   ......  .......
Ted Deutch (FL-02).............................      X   ......  .......
Karen Bass (CA-37).............................      X   ......  .......
Cedric Richmond (LA-02)........................  ......  ......  .......
Hakeem Jeffries (NY-08)........................      X   ......  .......
David Cicilline (RI-01)........................      X   ......  .......
Eric Swalwell (CA-15)..........................      X   ......  .......
Ted Lieu (CA-33)...............................      X   ......  .......
Jamie Raskin (MD-08)...........................      X   ......  .......
Pramila Jayapal (WA-07)........................      X   ......  .......
Val Demings (FL-10)............................      X   ......  .......
Lou Correa (CA-46).............................      X   ......  .......
Mary Gay Scanlon (PA-05).......................      X   ......  .......
Sylvia Garcia (TX-29)..........................      X   ......  .......
Joseph Neguse (CO-02)..........................      X   ......  .......
Lucy McBath (GA-06)............................      X   ......  .......
Greg Stanton (AZ-09)...........................      X   ......  .......
Madeleine Dean (PA-04).........................      X   ......  .......
Debbie Mucarsel-Powell (FL-26).................      X   ......  .......
Veronica Escobar (TX-16).......................      X   ......  .......
 
Doug Collins (GA-27)...........................  ......      X   .......
James F. Sensenbrenner (WI-05).................  ......  ......  .......
Steve Chabot (OH-01)...........................  ......      X   .......
Louie Gohmert (TX-01)..........................  ......      X   .......
Jim Jordan (OH-04).............................  ......      X   .......
Ken Buck (CO-04)...............................  ......      X   .......
John Ratcliffe (TX-04).........................  ......  ......  .......
Martha Roby (AL-02)............................  ......      X   .......
Matt Gaetz (FL-01).............................  ......      X   .......
Mike Johnson (LA-04)...........................  ......      X   .......
Andy Biggs (AZ-05).............................  ......      X   .......
Tom McClintock (CA-04).........................  ......      X   .......
Debbie Lesko (AZ-08)...........................  ......      X   .......
Guy Reschenthaler (PA-14)......................  ......      X   .......
Ben Cline (VA-06)..............................  ......      X   .......
Kelly Armstrong (ND-AL)........................  ......      X   .......
Greg Steube (FL-17)............................  ......      X   .......
                                                ------------------------
    Total......................................     23      15   .......
------------------------------------------------------------------------

    13. Motion to report H.R. 8, as amended, favorably was 
agreed to by a rollcall vote of 23 to 15.

                             ROLLCALL NO. 18
------------------------------------------------------------------------
                                                  Ayes     Nos   Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10).........................      X   ......  .......
Zoe Lofgren (CA-19)............................      X   ......  .......
Sheila Jackson Lee (TX-18).....................      X   ......  .......
Steve Cohen (TN-09)............................      X   ......  .......
Hank Johnson (GA-04)...........................      X   ......  .......
Ted Deutch (FL-02).............................      X   ......  .......
Karen Bass (CA-37).............................      X   ......  .......
Cedric Richmond (LA-02)........................  ......  ......  .......
Hakeem Jeffries (NY-08)........................      X   ......  .......
David Cicilline (RI-01)........................      X   ......  .......
Eric Swalwell (CA-15)..........................      X   ......  .......
Ted Lieu (CA-33)...............................      X   ......  .......
Jamie Raskin (MD-08)...........................      X   ......  .......
Pramila Jayapal (WA-07)........................      X   ......  .......
Val Demings (FL-10)............................      X   ......  .......
Lou Correa (CA-46).............................      X   ......  .......
Mary Gay Scanlon (PA-05).......................      X   ......  .......
Sylvia Garcia (TX-29)..........................      X   ......  .......
Joseph Neguse (CO-02)..........................      X   ......  .......
Lucy McBath (GA-06)............................      X   ......  .......
Greg Stanton (AZ-09)...........................      X   ......  .......
Madeleine Dean (PA-04).........................      X   ......  .......
Debbie Mucarsel-Powell (FL-26).................      X   ......  .......
Veronica Escobar (TX-16).......................      X   ......  .......
 
Doug Collins (GA-27)...........................  ......      X   .......
James F. Sensenbrenner (WI-05).................  ......  ......  .......
Steve Chabot (OH-01)...........................  ......      X   .......
Louie Gohmert (TX-01)..........................  ......      X   .......
Jim Jordan (OH-04).............................  ......      X   .......
Ken Buck (CO-04)...............................  ......      X   .......
John Ratcliffe (TX-04).........................  ......  ......  .......
Martha Roby (AL-02)............................  ......      X   .......
Matt Gaetz (FL-01).............................  ......      X   .......
Mike Johnson (LA-04)...........................  ......      X   .......
Andy Biggs (AZ-05).............................  ......      X   .......
Tom McClintock (CA-04).........................  ......      X   .......
Debbie Lesko (AZ-08)...........................  ......      X   .......
Guy Reschenthaler (PA-14)......................  ......      X   .......
Ben Cline (VA-06)..............................  ......      X   .......
Kelly Armstrong (ND-AL)........................  ......      X   .......
Greg Steube (FL-17)............................  ......      X   .......
                                                ------------------------
    Total......................................     23      15   .......
------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

  New Budget Authority and Tax Expenditures and Congressional Budget 
                          Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee has 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures.

                    Duplication of Federal Programs

    No provision of H.R. 8 establishes or reauthorizes a 
program of the Federal government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 8 
would require a background check on nearly every gun sale or 
transfer, with limited exception for certain exempt gifts to 
family members, hunting, target shooting, and self-defense.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 8 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec 1. Short Title. Section 1 sets forth the short title of 
the bill as the ``Bipartisan Background Checks Act 2019.''
    Sec 2. Purpose. Section 2 states that purpose of this 
measure is to utilize the current background check process in 
the United States to ensure individuals prohibited from gun 
possession are not able to obtain firearms.
    Sec. 3. Firearms Transfers. Section 3 amends section 922 of 
title 18 of the U.S. Code to make it illegal for any person who 
is not a licensed firearm importer, manufacturer, or dealer to 
transfer a firearm to any other person who is not so licensed 
without a background check. Individuals seeking to transfer a 
firearm under this section would be required to visit a 
licensed firearms dealer to run the necessary background check 
before the transfer is finalized.
    In addition, this section would require the licensed 
firearms dealer, upon taking possession of a firearm, to 
perform the background check as though the gun were part of the 
dealer's own inventory.
    This section further provides that, if a transfer under 
this section cannot be completed for any reason, the return of 
the firearm would not constitute a transfer and the dealer 
would be permitted to return the firearm to the seller without 
having to conduct a background check.
    Section 3 also sets forth certain exemptions to the bill's 
mandatory background check requirement. The expanded 
requirement would not apply to:
           A law enforcement agency or law enforcement 
        officer, armed private security professional, or member 
        of the armed forces, to the extent such officer, 
        professional, or service member is acting within the 
        course and scope of his or her employment and official 
        duties.
           A transfer that is a loan or bona fide gift 
        between spouses, between domestic partners, between 
        parents and their children, between siblings, between 
        aunts or uncles and their nieces or nephews, or between 
        grandparents and their grandchildren.
           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.
           A temporary transfer that is necessary to 
        prevent imminent death or great bodily harm, if the 
        possession by the transferee lasts only as long as 
        immediately necessary to prevent the imminent death or 
        great bodily harm.
           National Firearms Act transfers that pertain 
        to special weapons, such as automatic weapons, which 
        require a permit to own.
           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--
                   at a shooting range or in a shooting 
                gallery or other area designated for target 
                shooting;
                   for hunting, trapping, or fishing so 
                long as the transferee has no reason to believe 
                the firearm will be used in a place where it is 
                illegal and has reason to believe all necessary 
                licensing and permitting requirements will be 
                followed; or
                   while in the presence of the 
                transferor.
    Additionally, section 3 would authorize the Attorney 
General to promulgate any necessary regulations to implement 
this legislation. It also would prohibit the Attorney General 
from requiring dealers to process private transfers, requiring 
private sellers to keep records of transactions, or placing a 
cap on the fee that dealers can charge to facilitate a private 
transfer.
    Lastly, this section would make it unlawful for a licensed 
importer, manufacturer, or dealer to transfer a firearm to a 
person without providing a notice to the person of the 
background check specified by this provision.
    Sec. 4. Technical and Conforming Amendments. Section 4 
makes technical and conforming revisions. In addition, it 
prohibits the use of any tax or fee to expand NICS and 
prohibits the use of funding for a system that keeps 
information on purchasers who are approved to purchase firearms 
for longer than 24-hours.\12\
---------------------------------------------------------------------------
    \12\ See the Consolidated Appropriations Act of 2012, Pub. L. No. 
112--74, 125 Stat. 785 (2011).
---------------------------------------------------------------------------
    Sec. 5. Rules of Construction. Section 5 sets forth a rule 
of construction that prohibits the establishment of a national 
gun registry.
    Sec. 6. Effective Date. Section 6 states that the changes 
to current law under this bill would take effect 210 days after 
enactment.

         Changes in Existing Law Made by the Bill, As Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, H.R. 8, as reported, are shown as follows:

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 18, UNITED STATES CODE



           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 44--FIREARMS

           *       *       *       *       *       *       *


Sec. 922. Unlawful acts

  (a) It shall be unlawful--
          (1) for any person--
                  (A) except a licensed importer, licensed 
                manufacturer, or licensed dealer, to engage in 
                the business of importing, manufacturing, or 
                dealing in firearms, or in the course of such 
                business to ship, transport, or receive any 
                firearm in interstate or foreign commerce; or
                  (B) except a licensed importer or licensed 
                manufacturer, to engage in the business of 
                importing or manufacturing ammunition, or in 
                the course of such business, to ship, 
                transport, or receive any ammunition in 
                interstate or foreign commerce;
          (2) for any importer, manufacturer, dealer, or 
        collector licensed under the provisions of this chapter 
        to ship or transport in interstate or foreign commerce 
        any firearm to any person other than a licensed 
        importer, licensed manufacturer, licensed dealer, or 
        licensed collector, except that--
                  (A) this paragraph and subsection (b)(3) 
                shall not be held to preclude a licensed 
                importer, licensed manufacturer, licensed 
                dealer, or licensed collector from returning a 
                firearm or replacement firearm of the same kind 
                and type to a person from whom it was received; 
                and this paragraph shall not be held to 
                preclude an individual from mailing a firearm 
                owned in compliance with Federal, State, and 
                local law to a licensed importer, licensed 
                manufacturer, licensed dealer, or licensed 
                collector;
                  (B) this paragraph shall not be held to 
                preclude a licensed importer, licensed 
                manufacturer, or licensed dealer from 
                depositing a firearm for conveyance in the 
                mails to any officer, employee, agent, or 
                watchman who, pursuant to the provisions of 
                section 1715 of this title, is eligible to 
                receive through the mails pistols, revolvers, 
                and other firearms capable of being concealed 
                on the person, for use in connection with his 
                official duty; and
                  (C) nothing in this paragraph shall be 
                construed as applying in any manner in the 
                District of Columbia, the Commonwealth of 
                Puerto Rico, or any possession of the United 
                States differently than it would apply if the 
                District of Columbia, the Commonwealth of 
                Puerto Rico, or the possession were in fact a 
                State of the United States;
          (3) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector to transport into or receive in the State 
        where he resides (or if the person is a corporation or 
        other business entity, the State where it maintains a 
        place of business) any fire arm purchased or otherwise 
        obtained by such person outside that State, except that 
        this paragraph (A) shall not preclude any person who 
        lawfully acquires a firearm by bequest or intestate 
        succession in a State other than his State of residence 
        from transporting the firearm into or receiving it in 
        that State, if it is lawful for such person to purchase 
        or possess such firearm in that State, (B) shall not 
        apply to the transportation or receipt of a firearm 
        obtained in conformity with subsection (b)(3) of this 
        section, and (C) shall not apply to the transportation 
        of any firearm acquired in any State prior to the 
        effective date of this chapter;
          (4) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector, to transport in interstate or foreign 
        commerce any destructive device, machinegun (as defined 
        in section 5845 of the Internal Revenue Code of 1986), 
        short-barreled shotgun, or short-barreled rifle, except 
        as specifically authorized by the Attorney General 
        consistent with public safety and necessity;
          (5) for any person (other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector) to transfer, sell, trade, give, transport, 
        or deliver any firearm to any person (other than a 
        licensed importer, licensed manufacturer, licensed 
        dealer, or licensed collector) who the transferor knows 
        or has reasonable cause to believe does not reside in 
        (or if the person is a corporation or other business 
        entity, does not maintain a place of business in) the 
        State in which the transferor resides; except that this 
        paragraph shall not apply to (A) the transfer, 
        transportation, or delivery of a firearm made to carry 
        out a bequest of a firearm to, or an acquisition by 
        intestate succession of a firearm by, a person who is 
        permitted to acquire or possess a firearm under the 
        laws of the State of his residence, and (B) the loan or 
        rental of a firearm to any person for temporary use for 
        lawful sporting purposes;
          (6) for any person in connection with the acquisition 
        or attempted acquisition of any firearm or ammunition 
        from a licensed importer, licensed manufacturer, 
        licensed dealer, or licensed collector, knowingly to 
        make any false or fictitious oral or written statement 
        or to furnish or exhibit any false, fictitious, or 
        misrepresented identification, intended or likely to 
        deceive such importer, manufacturer, dealer, or 
        collector with respect to any fact material to the 
        lawfulness of the sale or other disposition of such 
        firearm or ammunition under the provisions of this 
        chapter;
          (7) for any person to manufacture or import armor 
        piercing ammunition, unless--
                  (A) the manufacture of such ammunition is for 
                the use of the United States, any department or 
                agency of the United States, any State, or any 
                department, agency, or political subdivision of 
                a State;
                  (B) the manufacture of such ammunition is for 
                the purpose of exportation; or
                  (C) the manufacture or importation of such 
                ammunition is for the purpose of testing or 
                experimentation and has been authorized by the 
                Attorney General;
          (8) for any manufacturer or importer to sell or 
        deliver armor piercing ammunition, unless such sale or 
        delivery--
                  (A) is for the use of the United States, any 
                department or agency of the United States, any 
                State, or any department, agency, or political 
                subdivision of a State;
                  (B) is for the purpose of exportation; or
                  (C) is for the purpose of testing or 
                experimentation and has been authorized by the 
                Attorney General;
          (9) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector, who does not reside in any State to receive 
        any firearms unless such receipt is for lawful sporting 
        purposes.
  (b) It shall be unlawful for any licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector to sell or 
deliver--
          (1) any firearm or ammunition to any individual who 
        the licensee knows or has reasonable cause to believe 
        is less than eighteen years of age, and, if the 
        firearm, or ammunition is other than a shotgun or 
        rifle, or ammunition for a shotgun or rifle, to any 
        individual who the licensee knows or has reasonable 
        cause to believe is less than twenty-one years of age;
          (2) any firearm to any person in any State where the 
        purchase or possession by such person of such firearm 
        would be in violation of any State law or any published 
        ordinance applicable at the place of sale, delivery or 
        other disposition, unless the licensee knows or has 
        reasonable cause to believe that the purchase or 
        possession would not be in violation of such State law 
        or such published ordinance;
          (3) any firearm to any person who the licensee knows 
        or has reasonable cause to believe does not reside in 
        (or if the person is a corporation or other business 
        entity, does not maintain a place of business in) the 
        State in which the licensee's place of business is 
        located, except that this paragraph (A) shall not apply 
        to the sale or delivery of any rifle or shotgun to a 
        resident of a State other than a State in which the 
        licensee's place of business is located if the 
        transferee meets in person with the transferor to 
        accomplish the transfer, and the sale, delivery, and 
        receipt fully comply with the legal conditions of sale 
        in both such States (and any licensed manufacturer, 
        importer or dealer shall be presumed, for purposes of 
        this subparagraph, in the absence of evidence to the 
        contrary, to have had actual knowledge of the State 
        laws and published ordinances of both States), and (B) 
        shall not apply to the loan or rental of a firearm to 
        any person for temporary use for lawful sporting 
        purposes;
          (4) to any person any destructive device, machinegun 
        (as defined in section 5845 of the Internal Revenue 
        Code of 1986), short-barreled shotgun, or short-
        barreled rifle, except as specifically authorized by 
        the Attorney General consistent with public safety and 
        necessity; and
          (5) any firearm or armor-piercing ammunition to any 
        person unless the licensee notes in his records, 
        required to be kept pursuant to section 923 of this 
        chapter, the name, age, and place of residence of such 
        person if the person is an individual, or the identity 
        and principal and local places of business of such 
        person if the person is a corporation or other business 
        entity.
Paragraphs (1), (2), (3), and (4) of this subsection shall not 
apply to transactions between licensed importers, licensed 
manufacturers, licensed dealers, and licensed collectors. 
Paragraph (4) of this subsection shall not apply to a sale or 
delivery to any research organization designated by the 
Attorney General.
  (c) In any case not otherwise prohibited by this chapter, a 
licensed importer, licensed manufacturer, or licensed dealer 
may sell a firearm to a person who does not appear in person at 
the licensee's business premises (other than another licensed 
importer, manufacturer, or dealer) only if--
          (1) the transferee submits to the transferor a sworn 
        statement in the following form:
                   ``Subject to penalties provided by law, I 
                swear that, in the case of any firearm other 
                than a shotgun or a rifle, I am twenty-one 
                years or more of age, or that, in the case of a 
                shotgun or a rifle, I am eighteen years or more 
                of age; that I am not prohibited by the 
                provisions of chapter 44 of title 18, United 
                States Code, from receiving a firearm in 
                interstate or foreign commerce; and that my 
                receipt of this firearm will not be in 
                violation of any statute of the State and 
                published ordinance applicable to the locality 
                in which I reside. Further, the true title, 
                name, and address of the principal law 
                enforcement officer of the locality to which 
                the firearm will be delivered are -- -- -- -- 
                -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 
                -- -- -- -- -- -- -- -- -- -- Signature -- -- 
                -- -- -- -- -- -- -- -- Date -- -- -- --.'' and 
                containing blank spaces for the attachment of a 
                true copy of any permit or other information 
                required pursuant to such statute or published 
                ordinance;
          (2) the transferor has, prior to the shipment or 
        delivery of the firearm, forwarded by registered or 
        certified mail (return receipt requested) a copy of the 
        sworn statement, together with a description of the 
        firearm, in a form prescribed by the Attorney General, 
        to the chief law enforcement officer of the 
        transferee's place of residence, and has received a 
        return receipt evidencing delivery of the statement or 
        has had the statement returned due to the refusal of 
        the named addressee to accept such letter in accordance 
        with United States Post Office Department regulations; 
        and
          (3) the transferor has delayed shipment or delivery 
        for a period of at least seven days following receipt 
        of the notification of the acceptance or refusal of 
        delivery of the statement.
A copy of the sworn statement and a copy of the notification to 
the local law enforcement officer, together with evidence of 
receipt or rejection of that notification shall be retained by 
the licensee as a part of the records required to be kept under 
section 923(g).
  (d) It shall be unlawful for any person to sell or otherwise 
dispose of any firearm or ammunition to any person knowing or 
having reasonable cause to believe that such person--
          (1) is under indictment for, or has been convicted in 
        any court of, a crime punishable by imprisonment for a 
        term exceeding one year;
          (2) is a fugitive from justice;
          (3) is an unlawful user of or addicted to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802));
          (4) has been adjudicated as a mental defective or has 
        been committed to any mental institution;
          (5) who, being an alien--
                  (A) is illegally or unlawfully in the United 
                States; or
                  (B) except as provided in subsection (y)(2), 
                has been admitted to the United States under a 
                nonimmigrant visa (as that term is defined in 
                section 101(a)(26) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(26)));
          (6) who has been discharged from the Armed Forces 
        under dishonorable conditions;
          (7) who, having been a citizen of the United States, 
        has renounced his citizenship;
          (8) is subject to a court order that restrains such 
        person from harassing, stalking, or threatening an 
        intimate partner of such person or child of such 
        intimate partner or person, or engaging in other 
        conduct that would place an intimate partner in 
        reasonable fear of bodily injury to the partner or 
        child, except that this paragraph shall only apply to a 
        court order that--
                  (A) was issued after a hearing of which such 
                person received actual notice, and at which 
                such person had the opportunity to participate; 
                and
                  (B)(i) includes a finding that such person 
                represents a credible threat to the physical 
                safety of such intimate partner or child; or
                  (ii) by its terms explicitly prohibits the 
                use, attempted use, or threatened use of 
                physical force against such intimate partner or 
                child that would reasonably be expected to 
                cause bodily injury; or
          (9) has been convicted in any court of a misdemeanor 
        crime of domestic violence.
This subsection shall not apply with respect to the sale or 
disposition of a firearm or ammunition to a licensed importer, 
licensed manufacturer, licensed dealer, or licensed collector 
who pursuant to subsection (b) of section 925 of this chapter 
is not precluded from dealing in firearms or ammunition, or to 
a person who has been granted relief from disabilities pursuant 
to subsection (c) of section 925 of this chapter.
  (e) It shall be unlawful for any person knowingly to deliver 
or cause to be delivered to any common or contract carrier for 
transportation or shipment in interstate or foreign commerce, 
to persons other than licensed importers, licensed 
manufacturers, licensed dealers, or licensed collectors, any 
package or other container in which there is any firearm or 
ammunition without written notice to the carrier that such 
firearm or ammunition is being transported or shipped; except 
that any passenger who owns or legally possesses a firearm or 
ammunition being transported aboard any common or contract 
carrier for movement with the passenger in interstate or 
foreign commerce may deliver said firearm or ammunition into 
the custody of the pilot, captain, conductor or operator of 
such common or contract carrier for the duration of the trip 
without violating any of the provisions of this chapter. No 
common or contract carrier shall require or cause any label, 
tag, or other written notice to be placed on the outside of any 
package, luggage, or other container that such package, 
luggage, or other container contains a firearm.
  (f)(1) It shall be unlawful for any common or contract 
carrier to transport or deliver in interstate or foreign 
commerce any firearm or ammunition with knowledge or reasonable 
cause to believe that the shipment transportation, or receipt 
thereof would be in violation of the provisions of this 
chapter.
  (2) It shall be unlawful for any common or contract carrier 
to deliver in interstate or foreign commerce any firearm 
without obtaining written acknowledgement of receipt from the 
recipient of the package or other container in which there is a 
firearm.
  (g) It shall be unlawful for any person--
          (1) who has been convicted in any court of, a crime 
        punishable by imprisonment for a term exceeding one 
        year;
          (2) who is a fugitive from justice;
          (3) who is an unlawful user of or addicted to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802));
          (4) who has been adjudicated as a mental defective or 
        who has been committed to a mental institution;
          (5) who, being an alien--
                  (A) is illegally or unlawfully in the United 
                States; or
                  (B) except as provided in subsection (y)(2), 
                has been admitted to the United States under a 
                nonimmigrant visa (as that term is defined in 
                section 101(a)(26) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(26)));
          (6) who has been discharged from the Armed Forces 
        under dishonorable conditions;
          (7) who, having been a citizen of the United States, 
        has renounced his citizenship;
          (8) who is subject to a court order that--
                  (A) was issued after a hearing of which such 
                person received actual notice, and at which 
                such person had an opportunity to participate;
                  (B) restrains such person from harassing, 
                stalking, or threatening an intimate partner of 
                such person or child of such intimate partner 
                or person, or engaging in other conduct that 
                would place an intimate partner in reasonable 
                fear of bodily injury to the partner or child; 
                and
                  (C)(i) includes a finding that such person 
                represents a credible threat to the physical 
                safety of such intimate partner or child; or
                  (ii) by its terms explicitly prohibits the 
                use, attempted use, or threatened use of 
                physical force against such intimate partner or 
                child that would reasonably be expected to 
                cause bodily injury; or
          (9) who has been convicted in any court of a 
        misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or 
possess in or affecting commerce, any firearm or ammunition; or 
to receive any firearm or ammunition which has been shipped or 
transported in interstate or foreign commerce.
  (h) It shall be unlawful for any individual, who to that 
individual's knowledge and while being employed for any person 
described in any paragraph of subsection (g) of this section, 
in the course of such employment--
          (1) to receive, possess, or transport any firearm or 
        ammunition in or affecting interstate or foreign 
        commerce; or
          (2) to receive any firearm or ammunition which has 
        been shipped or transported in interstate or foreign 
        commerce.
  (i) It shall be unlawful for any person to transport or ship 
in interstate or foreign commerce, any stolen firearms or 
stolen ammunition, knowing or having reasonable cause to 
believe that the firearm or ammunition was stolen.
  (j) It shall be unlawful for any person to receive, possess, 
conceal, store, barter, sell, or dispose of any stolen firearm 
or stolen ammunition, or pledge or accept as security for a 
loan any stolen firearm or stolen ammunition, which is moving 
as, which is a part of, which constitutes, or which has been 
shipped or transported in, interstate or foreign commerce, 
either before or after it was stolen, knowing or having 
reasonable cause to believe that the firearm or ammunition was 
stolen.
  (k) It shall be unlawful for any person knowingly to 
transport, ship, or receive, in interstate or foreign commerce, 
any firearm which has had the importer's or manufacturer's 
serial number removed, obliterated, or altered or to possess or 
receive any firearm which has had the importer's or 
manufacturer's serial number removed, obliterated, or altered 
and has, at any time, been shipped or transported in interstate 
or foreign commerce.
  (l) Except as provided in section 925(d) of this chapter, it 
shall be unlawful for any person knowingly to import or bring 
into the United States or any possession thereof any firearm or 
ammunition; and it shall be unlawful for any person knowingly 
to receive any firearm or ammunition which has been imported or 
brought into the United States or any possession thereof in 
violation of the provisions of this chapter.
  (m) It shall be unlawful for any licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector knowingly 
to make any false entry in, to fail to make appropriate entry 
in, or to fail to properly maintain, any record which he is 
required to keep pursuant to section 923 of this chapter or 
regulations promulgated thereunder.
  (n) It shall be unlawful for any person who is under 
indictment for a crime punishable by imprisonment for a term 
exceeding one year to ship or transport in interstate or 
foreign commerce any firearm or ammunition or receive any 
firearm or ammunition which has been shipped or transported in 
interstate or foreign commerce.
  (o)(1) Except as provided in paragraph (2), it shall be 
unlawful for any person to transfer or possess a machinegun.
  (2) This subsection does not apply with respect to--
          (A) a transfer to or by, or possession by or under 
        the authority of, the United States or any department 
        or agency thereof or a State, or a department, agency, 
        or political subdivision thereof; or
          (B) any lawful transfer or lawful possession of a 
        machinegun that was lawfully possessed before the date 
        this subsection takes effect.
  (p)(1) It shall be unlawful for any person to manufacture, 
import, sell, ship, deliver, possess, transfer, or receive any 
firearm--
          (A) that, after removal of grips, stocks, and 
        magazines, is not as detectable as the Security 
        Exemplar, by walk-through metal detectors calibrated 
        and operated to detect the Security Exemplar; or
          (B) any major component of which, when subjected to 
        inspection by the types of x-ray machines commonly used 
        at airports, does not generate an image that accurately 
        depicts the shape of the component. Barium sulfate or 
        other compounds may be used in the fabrication of the 
        component.
  (2) For purposes of this subsection--
          (A) the term ``firearm'' does not include the frame 
        or receiver of any such weapon;
          (B) the term ``major component'' means, with respect 
        to a firearm, the barrel, the slide or cylinder, or the 
        frame or receiver of the firearm; and
          (C) the term ``Security Exemplar'' means an object, 
        to be fabricated at the direction of the Attorney 
        General, that is--
                  (i) constructed of, during the 12-month 
                period beginning on the date of the enactment 
                of this subsection, 3.7 ounces of material type 
                17-4 PH stainless steel in a shape resembling a 
                handgun; and
                  (ii) suitable for testing and calibrating 
                metal detectors: Provided, however, That at the 
                close of such 12-month period, and
        at appropriate times thereafter the Attorney General 
        shall promulgate regulations to permit the manufacture, 
        importation, sale, shipment, delivery, possession, 
        transfer, or receipt of firearms previously prohibited 
        under this subparagraph that are as detectable as a 
        ``Security Exemplar'' which contains 3.7 ounces of 
        material type 17-4 PH stainless steel, in a shape 
        resembling a handgun, or such lesser amount as is 
        detectable in view of advances in state-of-the-art 
        developments in weapons detection technology.
  (3) Under such rules and regulations as the Attorney General 
shall prescribe, this subsection shall not apply to the 
manufacture, possession, transfer, receipt, shipment, or 
delivery of a firearm by a licensed manufacturer or any person 
acting pursuant to a contract with a licensed manufacturer, for 
the purpose of examining and testing such firearm to determine 
whether paragraph (1) applies to such firearm. The Attorney 
General shall ensure that rules and regulations adopted 
pursuant to this paragraph do not impair the manufacture of 
prototype firearms or the development of new technology.
  (4) The Attorney General shall permit the conditional 
importation of a firearm by a licensed importer or licensed 
manufacturer, for examination and testing to determine whether 
or not the unconditional importation of such firearm would 
violate this subsection.
  (5) This subsection shall not apply to any firearm which--
          (A) has been certified by the Secretary of Defense or 
        the Director of Central Intelligence, after 
        consultation with the Attorney General and the 
        Administrator of the Federal Aviation Administration, 
        as necessary for military or intelligence applications; 
        and
          (B) is manufactured for and sold exclusively to 
        military or intelligence agencies of the United States.
  (6) This subsection shall not apply with respect to any 
firearm manufactured in, imported into, or possessed in the 
United States before the date of the enactment of the 
Undetectable Firearms Act of 1988.
  (q)(1) The Congress finds and declares that--
          (A) crime, particularly crime involving drugs and 
        guns, is a pervasive, nationwide problem;
          (B) crime at the local level is exacerbated by the 
        interstate movement of drugs, guns, and criminal gangs;
          (C) firearms and ammunition move easily in interstate 
        commerce and have been found in increasing numbers in 
        and around schools, as documented in numerous hearings 
        in both the Committee on the Judiciary the House of 
        Representatives and the Committee on the Judiciary of 
        the Senate;
          (D) in fact, even before the sale of a firearm, the 
        gun, its component parts, ammunition, and the raw 
        materials from which they are made have considerably 
        moved in interstate commerce;
          (E) while criminals freely move from State to State, 
        ordinary citizens and foreign visitors may fear to 
        travel to or through certain parts of the country due 
        to concern about violent crime and gun violence, and 
        parents may decline to send their children to school 
        for the same reason;
          (F) the occurrence of violent crime in school zones 
        has resulted in a decline in the quality of education 
        in our country;
          (G) this decline in the quality of education has an 
        adverse impact on interstate commerce and the foreign 
        commerce of the United States;
          (H) States, localities, and school systems find it 
        almost impossible to handle gun-related crime by 
        themselves--even States, localities, and school systems 
        that have made strong efforts to prevent, detect, and 
        punish gun-related crime find their efforts unavailing 
        due in part to the failure or inability of other States 
        or localities to take strong measures; and
          (I) the Congress has the power, under the interstate 
        commerce clause and other provisions of the 
        Constitution, to enact measures to ensure the integrity 
        and safety of the Nation's schools by enactment of this 
        subsection.
  (2)(A) It shall be unlawful for any individual knowingly to 
possess a firearm that has moved in or that otherwise affects 
interstate or foreign commerce at a place that the individual 
knows, or has reasonable cause to believe, is a school zone.
  (B) Subparagraph (A) does not apply to the possession of a 
firearm--
          (i) on private property not part of school grounds;
          (ii) if the individual possessing the firearm is 
        licensed to do so by the State in which the school zone 
        is located or a political subdivision of the State, and 
        the law of the State or political subdivision requires 
        that, before an individual obtains such a license, the 
        law enforcement authorities of the State or political 
        subdivision verify that the individual is qualified 
        under law to receive the license;
          (iii) that is--
                  (I) not loaded; and
                  (II) in a locked container, or a locked 
                firearms rack that is on a motor vehicle;
          (iv) by an individual for use in a program approved 
        by a school in the school zone;
          (v) by an individual in accordance with a contract 
        entered into between a school in the school zone and 
        the individual or an employer of the individual;
          (vi) by a law enforcement officer acting in his or 
        her official capacity; or
          (vii) that is unloaded and is possessed by an 
        individual while traversing school premises for the 
        purpose of gaining access to public or private lands 
        open to hunting, if the entry on school premises is 
        authorized by school authorities.
  (3)(A) Except as provided in subparagraph (B), it shall be 
unlawful for any person, knowingly or with reckless disregard 
for the safety of another, to discharge or attempt to discharge 
a firearm that has moved in or that otherwise affects 
interstate or foreign commerce at a place that the person knows 
is a school zone.
  (B) Subparagraph (A) does not apply to the discharge of a 
firearm--
          (i) on private property not part of school grounds;
          (ii) as part of a program approved by a school in the 
        school zone, by an individual who is participating in 
        the program;
          (iii) by an individual in accordance with a contract 
        entered into between a school in a school zone and the 
        individual or an employer of the individual; or
          (iv) by a law enforcement officer acting in his or 
        her official capacity.
  (4) Nothing in this subsection shall be construed as 
preempting or preventing a State or local government from 
enacting a statute establishing gun free school zones as 
provided in this subsection.
  (r) It shall be unlawful for any person to assemble from 
imported parts any semiautomatic rifle or any shotgun which is 
identical to any rifle or shotgun prohibited from importation 
under section 925(d)(3) of this chapter as not being 
particularly suitable for or readily adaptable to sporting 
purposes except that this subsection shall not apply to--
          (1) the assembly of any such rifle or shotgun for 
        sale or distribution by a licensed manufacturer to the 
        United States or any department or agency thereof or to 
        any State or any department, agency, or political 
        subdivision thereof; or
          (2) the assembly of any such rifle or shotgun for the 
        purposes of testing or experimentation authorized by 
        the Attorney General.
  [(s)(1) Beginning on the date that is 90 days after the date 
of enactment of this subsection and ending on the day before 
the date that is 60 months after such date of enactment, it 
shall be unlawful for any licensed importer, licensed 
manufacturer, or licensed dealer to sell, deliver, or transfer 
a handgun (other than the return of a handgun to the person 
from whom it was received) to an individual who is not licensed 
under section 923, unless--
          [(A) after the most recent proposal of such transfer 
        by the transferee--
                  [(i) the transferor has--
                          [(I) received from the transferee a 
                        statement of the transferee containing 
                        the information described in paragraph 
                        (3);
                          [(II) verified the identity of the 
                        transferee by examining the 
                        identification document presented;
                          [(III) within 1 day after the 
                        transferee furnishes the statement, 
                        provided notice of the contents of the 
                        statement to the chief law enforcement 
                        officer of the place of residence of 
                        the transferee; and
                          [(IV) within 1 day after the 
                        transferee furnishes the statement, 
                        transmitted a copy of the statement to 
                        the chief law enforcement officer of 
                        the place of residence of the 
                        transferee; and
                  [(ii)(I) 5 business days (meaning days on 
                which State offices are open) have elapsed from 
                the date the transferor furnished notice of the 
                contents of the statement to the chief law 
                enforcement officer, during which period the 
                transferor has not received information from 
                the chief law enforcement officer that receipt 
                or possession of the handgun by the transferee 
                would be in violation of Federal, State, or 
                local law; or
                  [(II) the transferor has received notice from 
                the chief law enforcement officer that the 
                officer has no information indicating that 
                receipt or possession of the handgun by the 
                transferee would violate Federal, State, or 
                local law;
          [(B) the transferee has presented to the transferor a 
        written statement, issued by the chief law enforcement 
        officer of the place of residence of the transferee 
        during the 10-day period ending on the date of the most 
        recent proposal of such transfer by the transferee, 
        stating that the transferee requires access to a 
        handgun because of a threat to the life of the 
        transferee or of any member of the household of the 
        transferee;
          [(C)(i) the transferee has presented to the 
        transferor a permit that--
                  [(I) allows the transferee to possess or 
                acquire a handgun; and
                  [(II) was issued not more than 5 years 
                earlier by the State in which the transfer is 
                to take place; and
          [(ii) the law of the State provides that such a 
        permit is to be issued only after an authorized 
        government official has verified that the information 
        available to such official does not indicate that 
        possession of a handgun by the transferee would be in 
        violation of the law;
          [(D) the law of the State requires that, before any 
        licensed importer, licensed manufacturer, or licensed 
        dealer completes the transfer of a handgun to an 
        individual who is not licensed under section 923, an 
        authorized government official verify that the 
        information available to such official does not 
        indicate that possession of a handgun by the transferee 
        would be in violation of law;
          [(E) the Attorney General has approved the transfer 
        under section 5812 of the Internal Revenue Code of 
        1986; or
          [(F) on application of the transferor, the Attorney 
        General has certified that compliance with subparagraph 
        (A)(i)(III) is impracticable because--
                  [(i) the ratio of the number of law 
                enforcement officers of the State in which the 
                transfer is to occur to the number of square 
                miles of land area of the State does not exceed 
                0.0025;
                  [(ii) the business premises of the transferor 
                at which the transfer is to occur are extremely 
                remote in relation to the chief law enforcement 
                officer; and
                  [(iii) there is an absence of 
                telecommunications facilities in the 
                geographical area in which the business 
                premises are located.
  [(2) A chief law enforcement officer to whom a transferor has 
provided notice pursuant to paragraph (1)(A)(i)(III) shall make 
a reasonable effort to ascertain within 5 business days whether 
receipt or possession would be in violation of the law, 
including research in whatever State and local recordkeeping 
systems are available and in a national system designated by 
the Attorney General.
  [(3) The statement referred to in paragraph (1)(A)(i)(I) 
shall contain only--
          [(A) the name, address, and date of birth appearing 
        on a valid identification document (as defined in 
        section 1028(d)(1)) of the transferee containing a 
        photograph of the transferee and a description of the 
        identification used;
          [(B) a statement that the transferee--
                  [(i) is not under indictment for, and has not 
                been convicted in any court of, a crime 
                punishable by imprisonment for a term exceeding 
                1 year, and has not been convicted in any court 
                of a misdemeanor crime of domestic violence;
                  [(ii) is not a fugitive from justice;
                  [(iii) is not an unlawful user of or addicted 
                to any controlled substance (as defined in 
                section 102 of the Controlled Substances Act);
                  [(iv) has not been adjudicated as a mental 
                defective or been committed to a mental 
                institution;
                  [(v) is not an alien who--
                          [(I) is illegally or unlawfully in 
                        the United States; or
                          [(II) subject to subsection (y)(2), 
                        has been admitted to the United States 
                        under a nonimmigrant visa (as that term 
                        is defined in section 101(a)(26) of the 
                        Immigration and Nationality Act (8 
                        U.S.C. 1101(a)(26)));
                  [(vi) has not been discharged from the Armed 
                Forces under dishonorable conditions; and
                  [(vii) is not a person who, having been a 
                citizen of the United States, has renounced 
                such citizenship;
          [(C) the date the statement is made; and
          [(D) notice that the transferee intends to obtain a 
        handgun from the transferor.
  [(4) Any transferor of a handgun who, after such transfer, 
receives a report from a chief law enforcement officer 
containing information that receipt or possession of the 
handgun by the transferee violates Federal, State, or local law 
shall, within 1 business day after receipt of such request, 
communicate any information related to the transfer that the 
transferor has about the transfer and the transferee to--
          [(A) the chief law enforcement officer of the place 
        of business of the transferor; and
          [(B) the chief law enforcement officer of the place 
        of residence of the transferee.
  [(5) Any transferor who receives information, not otherwise 
available to the public, in a report under this subsection 
shall not disclose such information except to the transferee, 
to law enforcement authorities, or pursuant to the direction of 
a court of law.
  [(6)(A) Any transferor who sells, delivers, or otherwise 
transfers a handgun to a transferee shall retain the copy of 
the statement of the transferee with respect to the handgun 
transaction, and shall retain evidence that the transferor has 
complied with subclauses (III) and (IV) of paragraph (1)(A)(i) 
with respect to the statement.
  [(B) Unless the chief law enforcement officer to whom a 
statement is transmitted under paragraph (1)(A)(i)(IV) 
determines that a transaction would violate Federal, State, or 
local law--
          [(i) the officer shall, within 20 business days after 
        the date the transferee made the statement on the basis 
        of which the notice was provided, destroy the 
        statement, any record containing information derived 
        from the statement, and any record created as a result 
        of the notice required by paragraph (1)(A)(i)(III);
          [(ii) the information contained in the statement 
        shall not be conveyed to any person except a person who 
        has a need to know in order to carry out this 
        subsection; and
          [(iii) the information contained in the statement 
        shall not be used for any purpose other than to carry 
        out this subsection.
  [(C) If a chief law enforcement officer determines that an 
individual is ineligible to receive a handgun and the 
individual requests the officer to provide the reason for such 
determination, the officer shall provide such reasons to the 
individual in writing within 20 business days after receipt of 
the request.
  [(7) A chief law enforcement officer or other person 
responsible for providing criminal history background 
information pursuant to this subsection shall not be liable in 
an action at law for damages--
          [(A) for failure to prevent the sale or transfer of a 
        handgun to a person whose receipt or possession of the 
        handgun is unlawful under this section; or
          [(B) for preventing such a sale or transfer to a 
        person who may lawfully receive or possess a handgun.
  [(8) For purposes of this subsection, the term ``chief law 
enforcement officer'' means the chief of police, the sheriff, 
or an equivalent officer or the designee of any such 
individual.
  [(9) The Attorney General shall take necessary actions to 
ensure that the provisions of this subsection are published and 
disseminated to licensed dealers, law enforcement officials, 
and the public.]
  [(t)] (s)(1) Beginning on the date that is 30 days after the 
Attorney General notifies licensees under section 103(d) of the 
Brady Handgun Violence Prevention Act that the national instant 
criminal background check system is established, a licensed 
importer, licensed manufacturer, or licensed dealer shall not 
transfer a firearm to any other person who is not licensed 
under this chapter, unless--
          (A) before the completion of the transfer, the 
        licensee contacts the national instant criminal 
        background check system established under section 103 
        of that Act;
          (B)(i) the system provides the licensee with a unique 
        identification number; or
          (ii) 3 business days (meaning a day on which State 
        offices are open) have elapsed since the licensee 
        contacted the system, and the system has not notified 
        the licensee that the receipt of a firearm by such 
        other person would violate subsection (g) or (n) of 
        this section; and
          (C) the transferor has verified the identity of the 
        transferee by examining a valid identification document 
        (as defined in section 1028(d) of this title) of the 
        transferee containing a photograph of the transferee.
  (2) If receipt of a firearm would not violate subsection (g) 
or (n) or State law, the system shall--
          (A) assign a unique identification number to the 
        transfer;
          (B) provide the licensee with the number; and
          (C) destroy all records of the system with respect to 
        the call (other than the identifying number and the 
        date the number was assigned) and all records of the 
        system relating to the person or the transfer.
  (3) Paragraph (1) shall not apply to a firearm transfer 
between a licensee and another person if--
          (A)(i) such other person has presented to the 
        licensee a permit that--
                  (I) allows such other person to possess or 
                acquire a firearm; and
                  (II) was issued not more than 5 years earlier 
                by the State in which the transfer is to take 
                place; and
          (ii) the law of the State provides that such a permit 
        is to be issued only after an authorized government 
        official has verified that the information available to 
        such official does not indicate that possession of a 
        firearm by such other person would be in violation of 
        law;
          (B) the Attorney General has approved the transfer 
        under section 5812 of the Internal Revenue Code of 
        1986; or
          (C) on application of the transferor, the Attorney 
        General has certified that compliance with paragraph 
        (1)(A) is impracticable because--
                  (i) the ratio of the number of law 
                enforcement officers of the State in which the 
                transfer is to occur to the number of square 
                miles of land area of the State does not exceed 
                0.0025;
                  (ii) the business premises of the licensee at 
                which the transfer is to occur are extremely 
                remote in relation to the chief law enforcement 
                officer (as defined in subsection (s)(8)); and
                  (iii) there is an absence of 
                telecommunications facilities in the 
                geographical area in which the business 
                premises are located.
  (4) If the national instant criminal background check system 
notifies the licensee that the information available to the 
system does not demonstrate that the receipt of a firearm by 
such other person would violate subsection (g) or (n) or State 
law, and the licensee transfers a firearm to such other person, 
the licensee shall include in the record of the transfer the 
unique identification number provided by the system with 
respect to the transfer.
  (5) If the licensee knowingly transfers a firearm to such 
other person and knowingly fails to comply with paragraph (1) 
of this subsection with respect to the transfer and, at the 
time such other person most recently proposed the transfer, the 
national instant criminal background check system was operating 
and information was available to the system demonstrating that 
receipt of a firearm by such other person would violate 
subsection (g) or (n) of this section or State law, the 
Attorney General may, after notice and opportunity for a 
hearing, suspend for not more than 6 months or revoke any 
license issued to the licensee under section 923, and may 
impose on the licensee a civil fine of not more than $5,000.
  (6) Neither a local government nor an employee of the Federal 
Government or of any State or local government, responsible for 
providing information to the national instant criminal 
background check system shall be liable in an action at law for 
damages--
          (A) for failure to prevent the sale or transfer of a 
        firearm to a person whose receipt or possession of the 
        firearm is unlawful under this section; or
          (B) for preventing such a sale or transfer to a 
        person who may lawfully receive or possess a firearm.
  (t)(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 (s).
  (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, 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, if the possession 
        by the transferee lasts only as long as immediately 
        necessary to prevent the imminent death or great bodily 
        harm;
          (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)(A) Notwithstanding any other provision of this chapter, 
the Attorney General may implement this subsection with 
regulations.
  (B) Regulations promulgated under this paragraph may not 
include any provision requiring licensees to facilitate 
transfers in accordance with paragraph (1).
  (C) Regulations promulgated under this paragraph may not 
include any provision requiring persons not licensed under this 
chapter to keep records of background checks or firearms 
transfers.
  (D) Regulations promulgated under this paragraph may not 
include any provision placing a cap on the fee licensees may 
charge to facilitate transfers in accordance with paragraph 
(1).
  (4) 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.
  (u) It shall be unlawful for a person to steal or unlawfully 
take or carry away from the person or the premises of a person 
who is licensed to engage in the business of importing, 
manufacturing, or dealing in firearms, any firearm in the 
licensee's business inventory that has been shipped or 
transported in interstate or foreign commerce.
  (x)(1) It shall be unlawful for a person to sell, deliver, or 
otherwise transfer to a person who the transferor knows or has 
reasonable cause to believe is a juvenile--
          (A) a handgun; or
          (B) ammunition that is suitable for use only in a 
        handgun.
  (2) It shall be unlawful for any person who is a juvenile to 
knowingly possess--
          (A) a handgun; or
          (B) ammunition that is suitable for use only in a 
        handgun.
  (3) This subsection does not apply to--
          (A) a temporary transfer of a handgun or ammunition 
        to a juvenile or to the possession or use of a handgun 
        or ammunition by a juvenile if the handgun and 
        ammunition are possessed and used by the juvenile--
                  (i) in the course of employment, in the 
                course of ranching or farming related to 
                activities at the residence of the juvenile (or 
                on property used for ranching or farming at 
                which the juvenile, with the permission of the 
                property owner or lessee, is performing 
                activities related to the operation of the farm 
                or ranch), target practice, hunting, or a 
                course of instruction in the safe and lawful 
                use of a handgun;
                  (ii) with the prior written consent of the 
                juvenile's parent or guardian who is not 
                prohibited by Federal, State, or local law from 
                possessing a firearm, except--
                          (I) during transportation by the 
                        juvenile of an unloaded handgun in a 
                        locked container directly from the 
                        place of transfer to a place at which 
                        an activity described in clause (i) is 
                        to take place and transportation by the 
                        juvenile of that handgun, unloaded and 
                        in a locked container, directly from 
                        the place at which such an activity 
                        took place to the transferor; or
                          (II) with respect to ranching or 
                        farming activities as described in 
                        clause (i), a juvenile may possess and 
                        use a handgun or ammunition with the 
                        prior written approval of the 
                        juvenile's parent or legal guardian and 
                        at the direction of an adult who is not 
                        prohibited by Federal, State or local 
                        law from possessing a firearm;
                  (iii) the juvenile has the prior written 
                consent in the juvenile's possession at all 
                times when a handgun is in the possession of 
                the juvenile; and
                  (iv) in accordance with State and local law;
          (B) a juvenile who is a member of the Armed Forces of 
        the United States or the National Guard who possesses 
        or is armed with a handgun in the line of duty;
          (C) a transfer by inheritance of title (but not 
        possession) of a handgun or ammunition to a juvenile; 
        or
          (D) the possession of a handgun or ammunition by a 
        juvenile taken in defense of the juvenile or other 
        persons against an intruder into the residence of the 
        juvenile or a residence in which the juvenile is an 
        invited guest.
  (4) A handgun or ammunition, the possession of which is 
transferred to a juvenile in circumstances in which the 
transferor is not in violation of this subsection shall not be 
subject to permanent confiscation by the Government if its 
possession by the juvenile subsequently becomes unlawful 
because of the conduct of the juvenile, but shall be returned 
to the lawful owner when such handgun or ammunition is no 
longer required by the Government for the purposes of 
investigation or prosecution.
  (5) For purposes of this subsection, the term ``juvenile'' 
means a person who is less than 18 years of age.
  (6)(A) In a prosecution of a violation of this subsection, 
the court shall require the presence of a juvenile defendant's 
parent or legal guardian at all proceedings.
  (B) The court may use the contempt power to enforce 
subparagraph (A).
  (C) The court may excuse attendance of a parent or legal 
guardian of a juvenile defendant at a proceeding in a 
prosecution of a violation of this subsection for good cause 
shown.
  (y) Provisions Relating to Aliens Admitted Under Nonimmigrant 
Visas.--
          (1) Definitions.--In this subsection--
                  (A) the term ``alien'' has the same meaning 
                as in section 101(a)(3) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(3)); and
                  (B) the term ``nonimmigrant visa'' has the 
                same meaning as in section 101(a)(26) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)).
          (2) Exceptions.--Subsections (d)(5)(B)[, (g)(5)(B), 
        and (s)(3)(B)(v)(II)] and (g)(5)(B) do not apply to any 
        alien who has been lawfully admitted to the United 
        States under a nonimmigrant visa, if that alien is--
          (A) admitted to the United States for lawful hunting 
        or sporting purposes or is in possession of a hunting 
        license or permit lawfully issued in the United States;
          (B) an official representative of a foreign 
        government who is--
                  (i) accredited to the United States 
                Government or the Government's mission to an 
                international organization having its 
                headquarters in the United States; or
                  (ii) en route to or from another country to 
                which that alien is accredited;
          (C) an official of a foreign government or a 
        distinguished foreign visitor who has been so 
        designated by the Department of State; or
          (D) a foreign law enforcement officer of a friendly 
        foreign government entering the United States on 
        official law enforcement business.
          (3) Waiver.--
                  (A) Conditions for waiver.--Any individual 
                who has been admitted to the United States 
                under a nonimmigrant visa may receive a waiver 
                from the requirements of subsection (g)(5), 
                if--
                          (i) the individual submits to the 
                        Attorney General a petition that meets 
                        the requirements of subparagraph (C); 
                        and
                          (ii) the Attorney General approves 
                        the petition.
                  (B) Petition.--Each petition under 
                subparagraph (B) shall--
                          (i) demonstrate that the petitioner 
                        has resided in the United States for a 
                        continuous period of not less than 180 
                        days before the date on which the 
                        petition is submitted under this 
                        paragraph; and
                          (ii) include a written statement from 
                        the embassy or consulate of the 
                        petitioner, authorizing the petitioner 
                        to acquire a firearm or ammunition and 
                        certifying that the alien would not, 
                        absent the application of subsection 
                        (g)(5)(B), otherwise be prohibited from 
                        such acquisition under subsection (g).
                  (C) Approval of petition.--The Attorney 
                General shall approve a petition submitted in 
                accordance with this paragraph, if the Attorney 
                General determines that waiving the 
                requirements of subsection (g)(5)(B) with 
                respect to the petitioner--
                  (i) would be in the interests of justice; and
                  (ii) would not jeopardize the public safety.
  (z) Secure Gun Storage or Safety Device.--
          (1) In general.--Except as provided under paragraph 
        (2), it shall be unlawful for any licensed importer, 
        licensed manufacturer, or licensed dealer to sell, 
        deliver, or transfer any handgun to any person other 
        than any person licensed under this chapter, unless the 
        transferee is provided with a secure gun storage or 
        safety device (as defined in section 921(a)(34)) for 
        that handgun.
          (2) Exceptions.--Paragraph (1) shall not apply to--
                  (A)(i) the manufacture for, transfer to, or 
                possession by, the United States, a department 
                or agency of the United States, a State, or a 
                department, agency, or political subdivision of 
                a State, of a handgun; or
                  (ii) the transfer to, or possession by, a law 
                enforcement officer employed by an entity 
                referred to in clause (i) of a handgun for law 
                enforcement purposes (whether on or off duty); 
                or
                  (B) the transfer to, or possession by, a rail 
                police officer directly employed by or 
                contracted by a rail carrier and certified or 
                commissioned as a police officer under the laws 
                of a State of a handgun for purposes of law 
                enforcement (whether on or off duty);
                  (C) the transfer to any person of a handgun 
                listed as a curio or relic by the Secretary 
                pursuant to section 921(a)(13); or
                  (D) the transfer to any person of a handgun 
                for which a secure gun storage or safety device 
                is temporarily unavailable for the reasons 
                described in the exceptions stated in section 
                923(e), if the licensed manufacturer, licensed 
                importer, or licensed dealer delivers to the 
                transferee within 10 calendar days from the 
                date of the delivery of the handgun to the 
                transferee a secure gun storage or safety 
                device for the handgun.
          (3) Liability for use.--
                  (A) In general.--Notwithstanding any other 
                provision of law, a person who has lawful 
                possession and control of a handgun, and who 
                uses a secure gun storage or safety device with 
                the handgun, shall be entitled to immunity from 
                a qualified civil liability action.
                  (B) Prospective actions.--A qualified civil 
                liability action may not be brought in any 
                Federal or State court.
                  (C) Defined term.--As used in this paragraph, 
                the term ``qualified civil liability action''--
                          (i) means a civil action brought by 
                        any person against a person described 
                        in subparagraph (A) for damages 
                        resulting from the criminal or unlawful 
                        misuse of the handgun by a third party, 
                        if--
                                  (I) the handgun was accessed 
                                by another person who did not 
                                have the permission or 
                                authorization of the person 
                                having lawful possession and 
                                control of the handgun to have 
                                access to it; and
                                  (II) at the time access was 
                                gained by the person not so 
                                authorized, the handgun had 
                                been made inoperable by use of 
                                a secure gun storage or safety 
                                device; and
                          (ii) shall not include an action 
                        brought against the person having 
                        lawful possession and control of the 
                        handgun for negligent entrustment or 
                        negligence per se.

           *       *       *       *       *       *       *

                              ----------                              


      CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS ACT, 2012



           *       *       *       *       *       *       *
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

           *       *       *       *       *       *       *


                                TITLE V

                           GENERAL PROVISIONS

(INCLUDING RESCISSIONS)

           *       *       *       *       *       *       *


  Sec. 511. Hereafter, none of the funds appropriated pursuant 
to this Act or any other provision of law may be used for--
          (1) the implementation of any tax or fee in 
        connection with the implementation of [subsection 
        922(t)] subsection (s) or (t) of section 922 of title 
        18, United States Code; and
          (2) any system to implement [subsection 922(t)] 
        subsection (s) or (t) of section 922 of title 18, 
        United States Code, that does not require and result in 
        the destruction of any identifying information 
        submitted by or on behalf of any person who has been 
        determined not to be prohibited from possessing or 
        receiving a firearm no more than 24 hours after the 
        system advises a Federal firearms licensee that 
        possession or receipt of a firearm by the prospective 
        transferee would not violate subsection (g) or (n) of 
        section 922 of title 18, United States Code, or State 
        law.

           *       *       *       *       *       *       *


                            Dissenting Views

    This views document is presented in two parts. Part I 
contains the Republican Minority's procedural views regarding 
the markup of H.R. 8. Part II presents the Minority's 
substantive views on the merits of H.R. 8.

                        PART I: PROCEDURAL VIEWS

    The meeting on H.R. 8 marked a radical departure from the 
open process, encouraging vigorous debate, which has 
historically controlled the Committee's consideration of 
legislation. At one of the Committee's very first markups to 
consider legislation, the Chairman of the Committee stifled 
criticism of the bill, blocking consideration of dozens of 
amendments that would have exposed critical flaws in H.R. 8. 
With H.R. 8, the Committee did not fulfill its duty to fully 
explore every aspect and flaw of the legislation.
    After permitting consideration of only ten amendments on 
their merits and blocking another three on germaneness, the 
majority took the unprecedented step of offering an amendment 
in the nature of a substitute--for the sole purpose of cutting 
off debate--that had not been noticed publicly. Despite clearly 
acknowledging the amendment constitutes ``the text that the 
committee intends to mark up'', the Chairman overruled a point 
of order that consideration of the amendment violated Clause 2 
of rule XI.

          Mr. Collins. Mr. Chairman, I make a point of order 
        that consideration of the legislation before us 
        violates Rule 2 of the committee rules, as well as Rule 
        11, Clause (2). An amendment in the nature of a 
        substitute, when offered by the chairman or another 
        majority member at the direction of the chairman, 
        constitutes the text that the committee intends to mark 
        up.
          Chairman Nadler. The amendment and the--I am sorry.
          Mr. Johnson of Georgia. Mr. Chairman?
          Chairman Nadler. The point of order is not well taken 
        because the text of the amendment in the nature of a 
        substitute, including the effective date at 210 days, 
        is the text that the committee will consider.

    The Chairman then refused to recognize a Member for an 
amendment to the amendment in the nature of a substitute, 
falsely claiming the amendment was not yet in order.

          Chairman Nadler. For what purpose does the gentleman 
        from Ohio seek recognition?
          Voice. Mr. Chairman, I have an amendment at the desk.
          Chairman Nadler. We are still on the substitute 
        amendment, and the amendment is not in order yet.

    The Chairman then recognized two Members to speak in 
support of the amendment in the nature of a substitute but 
refused to recognize any Members opposed to the amendment in 
the nature of a substitute. At that point he immediately moved 
the previous question on the amendment in the nature of a 
substitute and proceeded to consideration of H.R. 8 without 
permitting any further debate.
    The marking up of legislation is one of the Committee's 
most important functions. It ensures that legislation is fully 
explored and perfected before going before the full House of 
Representatives. By preventing members from offering amendments 
to the legislation, the Chairman prevented the Committee from 
properly discharging its duties. It is our sincere hope that 
the Chairman will end his departure from regular order and 
allow the Committee to discharge its responsibilities.

                       PART II: SUBSTANTIVE VIEWS

    H.R. 8 is based on false premises and provides nothing more 
than false hope. However, when the bill's numerous flaws were 
exposed during consideration of the bill, the Chairman refused 
to hear from Members critical of the bill and hastily and 
arbitrarily ended debate. The use of such questionable tactics, 
at the beginning of the Chairman's tenure, does not bode well 
for bipartisan cooperation. Since H.R. 8 would do nothing to 
prevent mass casualty shootings, curb violent crime or prevent 
suicide, we urge our colleagues to oppose this seriously flawed 
legislation, and we respectfully dissent.
    After every major tragedy, the chorus from Democrats to 
``do something'' has also become tragically predictable. Most 
of the time, these calls for action come before any of the 
facts are known about the shooting. The ``something'' most 
often mentioned is implementation of universal background 
checks, embodied in H.R. 8. Aside from the obvious and 
obnoxious exploitation of the tragedy and its victims, there is 
one very simple problem with their rush to ``do something'' in 
the wake of a mass shooting, and that is there is no logical 
connection between the mass shootings and universal background 
checks. The unescapable fact is that H.R. 8 would not have 
prevented any of the mass casualty shootings over the past two 
decades.
    H.R. 8 would have certainly not stopped the Parkland 
shootings, where the shooter acquired the firearms legally from 
a Federal Firearms Licensee (FFL) after undergoing a National 
Instant Criminal Background Check System (NICS) check. The NICS 
check showed no derogatory information that would prohibit the 
shooter from purchasing or possessing a firearm. This is 
despite the fact that the shooter had numerous interactions 
with law enforcement which could have potentially led to the 
arrest and conviction of an offense that would prohibit him 
from possession a firearm under 18 U.S.C. Sec. 922(g).\1\ The 
calls included an anonymous tip on February 5, 2016, that Cruz 
had threatened to shoot up the school, and a tip on November 
30, 2017, that he might be a ``school shooter in the making'' 
and that he collected knives and guns.\2\ On September 23, 
2016, a peer counselor notified the school resource officer of 
his suicide attempt and intent to buy a gun.\3\ The school 
indicated, at one point, it would do a ``threat assessment'' to 
determine if Cruz was a danger to the school and its 
students.\4\ Again, in September 2016, three people--a 
sheriff's deputy who worked as a resource officer at Stoneman 
Douglas, and two of the school's counselors--stated the shooter 
should be forcibly committed for mental evaluation.\5\ This, of 
course, would have prevented him from purchasing a firearm. On 
September 24, 2017, a person with a username similar to that of 
the shooter posted a comment to a YouTube video reading, 
``Im[sic] going to be a professional school shooter''. The 
person who uploaded the video to YouTube reported the comment 
to the FBI.\6\ On January 5, 2018, the FBI's Public Access Line 
received a tip from a person who was close to the shooter who 
indicated the shooter had a ``desire to kill people''.\7\ 
Following the shooting, the FBI released a statement stating, 
``the caller provided information about [the shooter's] gun 
ownership, desire to kill people, erratic behavior, and 
disturbing social media posts, as well as the potential of him 
conducting a school shooting.'' After conducting an 
investigation, the FBI said the tip line did not follow 
protocol when the information was not forwarded to the Miami 
Field Office, where investigative steps would have been 
taken.\8\
---------------------------------------------------------------------------
    \1\See Nicholas Nehamas, `School shooter in the making': All the 
times authorities were warned about Nikolas Cruz, The Miami Herald, 
February 22, 2018, https://www.miamiherald.com/news/local/community/
broward/article201684874.html
    \2\Id.
    \3\Id.
    \4\See Bob Norman, School considered shooting suspect potential 
`threat' year before massacre, wplg.com, February 16, 2018, https://
www.local10.com/news/parkland-school-shooting/school-considered-
shooting-suspect-potential-threat-year-before-massacre
    \5\See https://www.cbsnews.com/news/nikolas-cruz-parkland-shooter-
mental-stability/
    \6\Nehamas, supra.
    \7\Id.
    \8\See https://www.fbi.gov/news/pressrel/press-releases/fbi-
statement-on-the-shooting-in-parkland-florida
---------------------------------------------------------------------------
    While the ``do something'' crowd's demands were loudest 
after Parkland, they do not stand alone as an example where 
universal background checks were demanded after a tragedy. 
Parkland is not unique, however, when it comes to the logical 
disconnect between the calls for universal background checks 
and the actual tragedy. In fact, as pointed out earlier, they 
all share one common element: not a single provision of H.R. 8 
would have prevented a single one of the tragedies.
    H.R. 8 would not have stopped the Sutherland Springs, TX 
shooting. The shooter made purchases from an FFL following a 
NICS Check. He should have been prohibited from purchasing or 
possessing firearms due to his arrest and conviction for 
domestic violence, which was not reported into the NICS 
system.\9\ Nor would H.R. 8 have stopped the Las Vegas 
shootings, where the shooter also purchased his firearms 
legally from an FFL after undergoing a background check. There 
was nothing in the shooter's history that would have prohibited 
him from purchasing or possessing a firearm.\10\ Likewise, the 
shooter in the Orlando nightclub purchased his firearms legally 
from an FFL following a NICS check.\11\ The same can be said 
for the perpetrators of the Virginia Tech, Sandy Hook, San 
Bernardino, Thousand Oaks, Fort Hood, Tucson, Aurora, Navy 
Yard, the Pittsburgh Synagogue, and any of the other mass 
casualty events that the majority use to justify H.R. 8.
---------------------------------------------------------------------------
    \9\See Katie Mettler and Alex Horton, Air Force failed 6 times to 
keep guns from Texas church shooter before he killed 26, report finds, 
The Washington Post, December 7, 2018, https://www.washingtonpost.com/
national-security/2018/12/08/air-force-failed-six-times-keep-guns-
texas-church-shooter-before-he-killed-report-finds/
?utm_term=.b77ea6af13c0
    \10\See Dakin Andone, The Las Vegas shooter's road to 47 guns, 
cnn.com, October 6, 2017, https://www.cnn.com/2017/10/06/us/stephen-
paddock-47-guns/index.html
    \11\See https://www.cbsnews.com/news/gun-shop-owner-orlando-
nightclub-shooter-omar-mateen-passed-background-check/
---------------------------------------------------------------------------
    Many of these tragedies did, however, have some things in 
common. There were warning signs that were either missed or 
ignored by law enforcement prior to their occurrence. Simply 
put, H.R. 8 would not have stopped a single mass casualty 
shooting the majority uses to justify this bill. If any of 
these tragedies were preventable by H.R. 8, we would know it, 
because the supporters of this bill would be shouting the 
perpetrator's name from the rooftops. When supporters of H.R. 8 
are asked which mass casualty shooting would have been 
prevented by this bill, the ensuing silence is deafening.
    Similarly, H.R. 8 will do nothing to stem the tide of 
violence plaguing our urban communities. Supporters of H.R. 8 
fail to recognize the way criminals obtain their firearms. A 
recent report from the Bureau of Justice Statistics of the 
Department of Justice detailed how criminals acquire their 
firearms.\12\ A survey of prisoners incarcerated for a crime 
during which they possessed a firearm shows nearly half 
obtained their firearm either through theft (6 percent) or on 
the underground market (43 percent).\13\ H.R. 8 does nothing to 
address either of these issues. It is mind-boggling that the 
``do something'' majority on this Committee did nothing to 
address the methods that nearly half of all criminals use to 
get their firearms. In fact, the Chairman ruled as non-germane 
an amendment that would have potentially prevented these 
tragedies. Despite the fact Committee Democrats consistently 
point to the gun show ``loophole'' as a reason for implementing 
the draconian requirements of H.R. 8, a mere 0.8 percent of 
prisoners polled purchased firearms at gun shows.\14\ Because 
the survey does not distinguish between whether the criminal 
purchased the firearm from an FFL or a private seller at a gun 
show, it cannot be known if H.R. 8 would have prevented anyone 
from obtaining a firearm. H.R. 8 also makes the foolish 
assumption that criminals will all of a sudden start obeying 
the law.
---------------------------------------------------------------------------
    \12\See Source and Use of Firearms Involved in Crimes: Survey of 
Prison Inmates, 2016, January 2019, Special Report, Bureau of Justice 
Statistics, https://www.bjs.gov/content/pub/pdf/suficspi16.pdf
    \13\Id.
    \14\Id.
---------------------------------------------------------------------------
    Not only is H.R. 8 ineffective, it is also unenforceable. 
The National Institute of Justice of the Department of Justice 
concluded in 2013 that background checks are unenforceable 
without a gun registry.\15\ However, H.R. 8 explicitly 
prohibits the establishment of a registry. We in no way support 
or advocate for the establishment of a registry, but point this 
out as to further proof that this bill is a fraud being 
perpetrated upon the people being asked to support it.
---------------------------------------------------------------------------
    \15\See Greg Ridgeway, Ph.D., Summary of Select Firearm Violence 
Prevention Strategies, National Institute of Justice, January 4, 2013 
https://d3uwh8jpzww49g.cloudfront.net/sharedmedia/1507342/nij-gun-
policy-memo.pdf
---------------------------------------------------------------------------
    Not only is H.R. 8 ineffective and unenforceable, it is 
simply bad policy that will do nothing more than burden the 
lives of law-abiding citizens wishing to exercise their Second 
Amendment rights. It will turn a neighbor lending his firearm 
to a victim of domestic abuse for her own self-defense into a 
criminal. It will likewise turn the victim into a criminal. If 
an individual sells her firearm to a police officer, they would 
both be criminals under H.R. 8. There are countless other 
scenarios that will put law-abiding Americans in legal jeopardy 
for a myriad of reasons that make little to no sense. When 
these scenarios were presented to the Majority party during 
Committee consideration of H.R. 8, they rejected the remedies 
we offered outright.
    Furthermore, the bill uses undefined and vague terms, 
leaving it open to Constitutional challenges that will infringe 
upon the rights of law-abiding rights of Americans. The bill 
uses undefined terms such as ``imminent.'' What does 
``imminent'' mean within the proposed statute? Can one cousin 
transfer a firearm to her cousin who fears her domestic abuser? 
The legislation is unclear. How long does the exemption for 
hunting last? Can I loan my lifelong friend my rifle to hunt 
deer for one day or a week? Once again, what does ``great 
bodily harm'' mean under the proposed statute? There are 
definitions of ``substantial bodily injury'' and ``serious 
bodily injury'' within the U.S. Criminal code,\16\ but there is 
no definition of ``great bodily harm'' in the criminal code, 
which is the term that this bill uses. Had the Republican 
minority not been prematurely and inappropriately cut off from 
debate on the matter, we would have offered and hoped that the 
majority would have accepted amendments to cure these concerns.
---------------------------------------------------------------------------
    \16\See 18 U.S.C. Sec. Sec.  113, 1365.
---------------------------------------------------------------------------
    This bill is anything but ``common sense'' legislation to 
address mass casualty shootings or gun violence. It is a 
political maneuver that will do nothing to address the root 
causes of violence or prevent criminals from obtaining 
firearms. If the Democrat majority actually cared about 
preventing gun violence, it is hard to understand why they 
rejected an amendment that would notify U.S. Immigration and 
Customs Enforcement when an illegal alien attempts to purchase 
a firearm from an FFL. If they truly cared about gun violence, 
it seems that the amendment should have been accepted. Perhaps 
it had not been cleared by the special interests promoting this 
bill. Again, we urge our colleagues to reject this bad public 
policy that is both ineffective and unenforceable.

            Sincerely,
                                   Doug Collins.
                                   Ken Buck.
                                   Matt Gaetz.
                                   Jim Sensenbrenner.
                                   Mike Johnson.
                                   Andy Biggs.
                                   Debbie Lesko.
                                   Ben Cline.
                                   Greg Steube.
                                   Guy Reschenthaler.
                                   Kelly Armstrong.

                            Dissenting Views

    H.R. 8, the ``Bipartisan Background Check Act of 2019,'' is 
dishonest, misguided, poorly drafted, ambiguous, impractical, 
unworkable, and intentionally designed to deprive law-abiding 
Americans of their fundamental rights.

                   LIES, DAMN LIES, AND POLLING DATA

    During the markup of H.R. 8, members of the majority 
consistently declared ``97% of Americans support universal 
background checks.'' Is this true? In a word--NO. Supporters of 
this legislation are misrepresenting the polling. It should 
also be noted that, when given a choice at the ballot box, 
voters have voted down universal background checks.
    The Giffords Law Center to Prevent Gun Violence explains 
that a ``universal background check'' is a policy to ``require 
background checks by every person who sells or transfers a 
gun.''\1\ A universal background check would require a 
potentially costly background check before a father can give a 
firearm that is a family heirloom to his son. A universal 
background check could unnecessarily delay the ability of a 
friend to loan a firearm to the victim of domestic violence, so 
she can protect herself from her abusive ex-husband. In this 
last instance, a delay could be the difference between giving 
the woman a chance to defend herself or death. In a universal 
background check system, the transferor would face criminal 
prosecution, jail time and a substantial fine if the individual 
transfers a firearm to anyone prior to completing a background 
check on the transferee.
---------------------------------------------------------------------------
    \1\Giffords Law Center, Universal Background Checks, https://
lawcenter.giffords.org/gun-laws/policy-areas/background-checks/
universal-background-checks/
---------------------------------------------------------------------------
    Despite the majority members' false characterization, 
Americans by and large have not indicated support for universal 
background checks if it means the father or friend described 
above would go to jail. Rather, polling has simply gauged 
support for background checks in relation to ``gun sales.'' The 
following reflects recent polling questions on this issue:

          ``Please tell me whether you favor or oppose each of 
        the following approaches to prevent mass shootings at 
        schools . . . requiring background checks for all gun 
        sales.''--Gallup, March 5-11, 2018.
          ``Do you support or oppose requiring background 
        checks for all gun buyers?''--Quinnipiac, June 17-20, 
        2017.
          ``Do you support requiring all sellers to run 
        background checks on anyone who buys a gun?''--Morning 
        Consult, June 17-20, 2016.

    Nowhere do these questions ask about universal background 
checks. Clearly, the polling is asking about gun sales--not a 
gift of loan of gun, as would be regulated under a universal 
background check scheme. A gun sale is a commercial transaction 
and, as is common knowledge, these transactions are primarily 
conducted by gun dealers. Therefore, a poll respondent could 
reasonably understand the poll to be asking: ``Should a gun 
dealer be required to conduct background checks as part of any 
sale?'' A ``yes'' answer to this question is entirely different 
than what the members of the majority have represented. That 
the public supports requiring gun dealers to run a background 
check isn't even news-worthy because it is already required by 
federal law.
    In addition, it should be noted that many of these polls 
were conducted by the media immediately following a mass 
shooting. For example, the Gallup poll was conducted three 
weeks after the Parkland shooting and Morning Consult initiated 
its June 2016 poll less than one week after the Orlando 
nightclub shooting. Could the timing of these polls skew the 
results given their proximity to a significant tragedy? 
Potentially. In that sense, not only has the public not been 
asked about universal background checks, but when asked about 
gun sales, a poll response in the mid 80-percent range as to 
gun sales could be somewhat overstated. The best evidence we 
have as to where public sentiment lies on the issue of 
universal background checks is the voters' response at the 
ballot box. In Maine, voters rejected a 2016 referendum that 
would have instituted a state-based universal background 
system.\2\
---------------------------------------------------------------------------
    \2\The New York Times, Maine Question 3--Expand Gun Background 
Checks--Results: Rejected. https://www.nytimes.com/elections/2016/
results/maine-ballot-measure-3-expand-gun-background-checks
---------------------------------------------------------------------------

                        LEGISLATION IS MISGUIDED

    The preliminary purpose stated in the bill will ``require a 
background check for every firearm sale.'' That statement is 
closer to public sentiment in terms of the polling. The 
legislative text, however, is a bait and switch. The bill not 
only seeks to regulate gun sales, it would also regulate non-
commercial transfers between private parties, including between 
family members, in significant ways. The bill criminalizes many 
common and often necessary firearms transfers between law-
abiding citizens.
    This legislation will not reduce criminals' access to guns. 
During the markup, the majority cited statistics implying that 
H.R. 8 was necessary to prevent criminals from gaining access 
to a firearm. According to a Bureau of Justice Statistics 
survey released in January 2019, however, only 7.0% of 
convicted criminals purchased the gun they used during the 
commission of a crime ``under their own name from a licensed 
firearm dealer.''\3\ The same survey indicated that most 
criminals gained access to a firearm through unlawful means--by 
theft, being present at a crime scene, through a straw 
purchaser or through the black market.
---------------------------------------------------------------------------
    \3\U.S. Department of Justice, Office of Justice Programs, Bureau 
of Justice Statistics, Source and Use of Firearms in Crimes: Survey of 
Prison Inmates, 2016, January 2019.
---------------------------------------------------------------------------
    Will this legislation stem the sale of illegal guns on the 
black market? That's unlikely. It, therefore, strains credulity 
to think that H.R. 8 would have any meaningful impact on 
reducing criminals' access to firearms or to reduce gun crimes. 
Given the facts, the purpose of this legislation, therefore, is 
laid bare. The bill is designed to regulate gun transfers 
between law-abiding persons who have no criminal intent or past 
criminal history.

                A STRAIGHTFORWARD READING OF THE STATUTE

    In a weak attempt to defend H.R. 8, members of the majority 
party stated the bill's text has been around for ``decades.'' 
It should also be noted that the bill is only six pages in 
length--which means it shouldn't take too long to read and 
comprehend the bill's language. Despite both the legislation's 
longevity and brevity, the members in the majority party 
repeatedly demonstrated their superficial understanding of the 
bill and its implications.
    H.R. 8 consists of six sections. Section 3 contains the 
operative provision of the bill (amending 18 USC 922). Section 
3 creates a new ``paragraph ``1'' under which private party 
firearm transfers would be restricted. Paragraph 1 lays down 
the general rule making it ``unlawful . . .'' to transfer a 
firearm . . .'' to anyone unless: (1) the transferee is 
federally licensed; or (2) a licensed dealer is used as an 
intermediary to complete a gun transfer. Paragraph 2 then sets 
outs several narrow exceptions to the general rule established 
under paragraph 1.
    Critical to any understanding of this statutory scheme is 
the fact that only the conduct of the transferor is 
criminalized under the bill. This bill does not, contrary to 
statements made during the markup, criminalize the conduct of 
the transferee/recipient of the firearm. (Though it should be 
noted that current law already makes it illegal for many 
convicted felons to take possession of a firearm).

                     POORLY CONSTRUCTED EXCEPTIONS

    While paragraph 1 contains the general rule establishing 
criminality, paragraph 2 creates six exceptions, offering 
immunity for one of a few narrowly tailored qualifying 
transfers. If a transferor meets one of these exceptions, he or 
she will not need to use a dealer or dealer intermediary to run 
a background check to complete a firearms transfer. Because of 
this construct, the immunity created under these exceptions 
applies to the act of transfer which means these exceptions 
must be examined from the perspective of the transferor.
    During debate on this bill, no greater misunderstanding of 
this legislation was evident than with respect to the language, 
application and implications of these exceptions. Of the six 
transfer exceptions found in the bill, five appear most 
applicable to a member of the public. These include the 
following:
          1. Law Enforcement. This exception states paragraph 
        (1) shall not apply to: ``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 their employment and 
        official duties.''
          2. Family Exception. This exception states paragraph 
        (1) shall not apply to: ``a transfer that is a loan or 
        bona fide gift between spouses, between domestic 
        partners, between parents and their children, between 
        siblings, between aunts or uncles and their nieces and 
        nephews, or between grandparents and their 
        grandchildren.''
          3. Estate Exception. This exception states paragraph 
        (1) shall not apply to: ``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.''
          4. Good Samaritan Exception. This exception states 
        paragraph (1) shall not apply to: ``a temporary 
        transfer that is necessary to prevent imminent death or 
        great bodily harm, if the possession by the transferee 
        lasts only as long as immediately necessary to prevent 
        the imminent death or great bodily harm.''
          5. Recreation and Sport Exception. This exception 
        states paragraph (1) shall not apply to: ``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.

Law Enforcement Exception

    Upon close reading and examination of the five exceptions 
quoted above, two exceptions relate to a ``transfer'' to 
permitted persons (family or in relation to an estate) and two 
others relate to a ``temporary transfer'' (preventing harm or 
in relation to certain activities such as hunting). The fifth 
exception is an anomaly in terms of language. The ``Law 
Enforcement Exception'' reads noticeably different than the 
other exceptions--it does not use the word ``transfer'' and 
therefore should not be read to suggest any transfer to law 
enforcement is exempt under the statutory scheme.
    During debate, the Chairman stated someone contemplating 
suicide could safely transfer a firearm to law enforcement and 
the transferor would be shielded from prosecution under the Law 
Enforcement Exception. That conclusion certainly isn't 
supported by the legislative text. The bill doesn't, for 
example, exempt ``any transfer or temporary transfer to or from 
a law enforcement agency. . . .''
    Rather, this exception can only be read to give immunity to 
law enforcement in relation to a firearms transfer made by law 
enforcement. This exception does not provide immunity in 
relation to ``transfers to'' law enforcement. How might this 
apply in practice? This exception gives law enforcement 
immunity to transfer a firearm in conjunction with an 
undercover operation or investigation. This is the only 
reasonable interpretation of the meaning and application of 
this exception given the bill's language.
    Where does this leave a citizen transferor who wants to 
transfer a firearm to law enforcement? If a child finds an 
abandoned gun in a park, how does this bill treat the parent 
who surrenders the firearm to the police? As a felon. Can 
someone who is contemplating suicide give their gun to police 
temporarily? Not under this exception. Does this provision 
shield a citizen participating in a state or local gun buyback 
program\4\ from federal prosecution under this bill? No--not at 
all. Is an attorney who surrenders a firearm to law enforcement 
on behalf of a client to allow ballistics testing immune from 
prosecution? No. The impact of this poorly written exception 
cannot be understated. Without modification, H.R. 8 
criminalizes citizen transfers to law enforcement even when the 
transfer would promote public safety, in an emergency, or 
during gun buyback programs. This legislation will 
substantially curb public cooperation with law enforcement in 
many circumstances.
---------------------------------------------------------------------------
    \4\Whether gun buybacks programs are effective is debatable. 
Nevertheless, states and localities should be free to undertake these 
programs. Under these programs, citizens are free to surrender a 
firearm to their local police department--often with no questions 
asked. These programs are common in the congressional districts of many 
members of the Judiciary Committee. New York City, the hometown of the 
Chairman, conducts a year-round program. San Jose, Providence, Rhode 
Island, Los Angeles and Houston--all cities in districts represented by 
members in the majority on this committee--have conducted gun buybacks 
in recent years.
---------------------------------------------------------------------------
    In addition, the text of the Law Enforcement Exception also 
provides special treatment for a ``private security 
professional.'' This language gives special rights and 
privileges to the wealthy elites, like former Mayor Bloomberg--
a notorious advocate of gun control legislation to deprive 
citizens of their Second Amendment rights--and his bodyguards. 
At the same time, this bill denies similar protections to 
persons who have a need for personal protection but who lack 
the wealth and resources to hire private security. No law 
should be more offensive to our Constitution and the idea of 
freedom than a bill that denies nearly all citizens their 
rights while giving wealthy elites special protection, 
privileges and dispensations.
    The minority offered an amendment to expand the bill's 
exemptions to include concealed carry permit (CCP) holders. The 
majority argued that the training of CCP holders is 
inconsistent from state to state and perhaps inadequate. 
Couldn't the same be said for a ``private security 
professional?'' Many states don't require licensing of private 
security professionals. Many that do, do not require any form 
of firearms training. The result is that the majority has put 
forward a bill that ensures someone without firearms training, 
knowledge and experience can transfer a firearm while a CCP 
holder, who has extensive training, knowledge and experience, 
cannot complete a similar transfer.
    Given the obvious flaws in the legislation, the minority 
filed at least twenty-one amendments to bring much needed 
clarity and fairness to the Law Enforcement Exception. These 
good faith amendments were offered consistent with the 
interests of public safety. They included:
          Buck Amendment #1--clarifying existing exceptions and 
        allowing transfers to, among other persons, first 
        responders, military reservists, the National Guard, 
        Coast Guard and Coast Guard Reservists, medical 
        professionals and in emergency situations.
          Buck Amendment #5--allowing transfers to law 
        enforcement as part of gun buyback programs and for 
        other purposes.
          Buck Amendment #35--allowing a transfer to an 
        intermediary, such as an attorney, where the purpose of 
        the transfer is to facilitate a firearm transfer to law 
        enforcement.
          Sensenbrenner Amendment--allowing a transfer to 
        someone who has a concealed-carry permit (defeated in 
        committee).
          Chabot Amendment--allowing a transfer to law 
        enforcement officers authorized to carry a firearm as 
        part of his or her employment (defeated in committee).
          Buck Amendments #15 through #19, #21 through #24, 
        #26, and #28--allowing transfers to persons who might 
        be present at the scene of an emergency, who might be 
        engaged in search and rescue activities following a 
        natural disaster or other tragedy or might, by taking 
        possession of a firearm, be able to diffuse a 
        potentially volatile situation.
    The majority defeated the Sensenbrenner and Chabot 
Amendments and used procedural measures to block consideration 
of at least nineteen other clarifying public safety amendments.

Family Exception

    As admitted by the majority, the language of H.R. 8 is 
decades old. The language in the Family Exception clearly 
reflects the bill's age. Its language is outdated and, in fact, 
discriminatory. The language of this exception fails to 
recognize many of today's common family relationships that are 
deserving of recognition and protection by Congress, including 
in relation to the transfer of a firearm.
    H.R. 8 creates an exception allowing a transfer between 
spouses. Under federal law, however, common law marriage must 
meet a different legal standard. Is the transfer of a firearm 
between spouses in a common law marriage permitted under the 
Family Exception? The answer is, at best, unclear but it is 
likely excluded from this exception. Transfers between common 
law spouses should be given clear and unambiguous protection.
    The bill allows a firearm transfer from a parent to child. 
Are transfers between a step-parent and step-child, between a 
foster-parent and foster-child or legal guardian and child 
treated similarly? No--not under the bill. These relationships 
are legally distinct from the relationships that are covered 
under this exception. Is this legally defensible? Not at all. 
Ask a step-parent to name their children. Most will include the 
names of their step-children without hesitation. These 
relationships should not be denied equal protection.
    The bill creates an exception allowing a grandparent to 
transfer a firearm to a grandchild. Transfers between a great-
grandparent and great-grandchild, however, are not afforded the 
same protection. Shouldn't H.R. 8 afford legal protections 
based on the reality of the family makeup rather than 
discriminate against it? Absolutely, but the bill doesn't do 
that.
    The bill allows a transfer between aunt and uncle and niece 
or nephew. First cousins are excluded from this portion of the 
Family Exception. Under the bill, Uncle Dave and Aunt Ruth can 
give their nephew, Craig, a shotgun for Christmas. But if, 
under the bill, Dave and Ruth's son, James, joins in the gift 
giving, that transfer would not be exempted from prosecution. 
Under the bill, transfers between cousins are not permitted 
without use of a dealer intermediary. That makes no logical 
sense.
    The minority filed numerous amendments to bring much needed 
clarity to the Family Exception. As with other amendments, the 
majority used procedural measures to preclude any consideration 
of these amendments.

Estate Exception

    The Estate Exception is incomplete, particularly in 
relation to the operation of state law. The exception allows 
the transfer of a firearm to an executor, administrator, 
trustee, or personal representative of a decedent. Following 
that, under state law, these firearms must either be 
transferred: (a) in accordance with the decedent's estate plan 
such as directed by his or her will or trust; or (b) if the 
individual dies intestate, then in accordance with state 
probate law. H.R. 8, however, contains no exemption for an 
executor who is under a legal obligation to complete a firearms 
transfer required by state law to do so without using a dealer 
intermediary.
    As a result, this bill supersedes and interferes with an 
individual's estate plan and operation of state law, including 
by allowing potentially significant transfer fees. What if an 
estate lacks resources to pay the costly firearms transfer 
fees? Under the Family Exception, a father could transfer a 
firearm to his son during life but, if the father dies, under 
the Estate Exemption, the executor is prohibited from 
transferring the same firearm to the same son one day after the 
father's death. This makes no sense. The executor, often an 
attorney or bank and trust company, would be committing a crime 
if a dealer intermediary was not used to complete a transfer 
required by state law to the son.
    Noticeably absent in the bill is a transfer exception 
allowing an individual acting under a valid power-of-attorney 
to lawfully take possession of a firearm. A power-of-attorney 
is a common component of most estate plans. This document 
allows the attorney-in-fact to act consistent with the 
document's instructions, such as to manage the affairs of the 
principal when he or she is hospitalized or becomes 
incapacitated. An attorney-in-fact should be able to take 
temporary possession of a firearm to secure it rather than 
leave it unsecured in an unoccupied home, such as while the 
principal is hospitalized. Under state law, the principal would 
be able to take such actions. H.R. 8, however, makes that 
common-sense action unlawful. Federal law should give clear 
affirmation that this kind of action would not constitute a 
criminal act.
    The minority filed several amendments to address these 
concerns and bring much needed clarity to the Estate Exception. 
The majority engaged in procedural maneuvers to block full 
consideration of each of these amendments that would have aided 
in the administration of state probate law.

Good Samaritan Exception

    The Good Samaritan Exception is another problematic and 
terribly ambiguous provision of the bill. The bill exempts 
transfers ``necessary to prevent imminent death?'' ``Imminent'' 
means ``ready to take place'' or ``a danger that is menacingly 
near.'' If an individual is having occasional suicidal thoughts 
and, in an abundance of caution, asks a friend, a good 
Samaritan, to take custody of his guns for a few days is death 
``imminent?'' Likely, not. As such, this kind of transfer is 
criminalized under the bill.
    This exception also permits a transfer but only where the 
transfer lasts as long as is ``immediately necessary.'' In 
other words, a transfer must be reversed immediately once the 
threat has been ameliorated. What if the return is not 
immediate? Could the transferor be charged with a crime if, for 
example, the transferee was on vacation at the time the 
transferor stopped having the suicidal thoughts? Under the 
legislation, yes. Will federal law enforcement use this as a 
basis to prosecute gun owners whenever there is a delayed 
return transfer?
    Is the return of a firearm to its owner, as required under 
this exception, an exempt transfer? A plain reading of the 
legislative language provides no immunity for the return 
transfer by the good Samaritan--even though the bill requires 
such transfer. Based on this language, the gun owner (the 
original transferor) could face prosecution if the firearm is 
not immediately returned to him while the good Samaritan 
(acting as a return transferor) could face prosecution if he 
immediately returns the firearm without using the required 
dealer intermediary. What if the reason for delay is the lack 
of availability of a dealer intermediary to complete the return 
transfer for the good Samaritan? Under the bill, this delay 
puts the original transferor in criminal jeopardy.
    Conflicting and ambiguous language, such as this, will 
frustrate the very intent of this exception. Any law-abiding 
gun owner who understands the overly-prescriptive nature of 
this exception would likely decide to keep his guns, instead of 
seeking help from a friend. It might also cause someone 
otherwise willing to act as a good Samaritan to decline to 
help. The result, in either event, is that the firearm will not 
be removed to avoid a potentially dangerous situation. A bill 
that creates this scenario--which could lead to the worst of 
all possible outcomes--is no success; it's a failure.
    The minority filed several amendments to clarify these 
issues, but the majority refused to allow these amendments to 
be offered, to hear the concerns of the minority and to debate 
these amendments. Consequently, the vague and ambiguous 
language of the bill as to this exception remains.

Sport and Hunting Exception

    As with the other exceptions contained in the bill, the 
language allowing temporary transfers related to sport, hunting 
and other activities is overly prescriptive. As such, these 
provisions contain ambiguities that render the exception 
unworkable. The result, regrettably, could lead to the 
prosecution of unlawful firearms transfers based on mere 
technicalities, including in situations where no person was 
ever at risk. Given the statements of many supporters of this 
legislation, that may well be their intent.
    Under the hunting component of this exception, the 
transferor is required to have ``no reason to believe'' that a 
transferee will use a firearm in any place that is illegal 
while also having a ``reason to believe that the transferee 
will comply'' with licensing and permitting requirements. Under 
this language, a transfer is allowed if, under the first 
component, the transferor possesses no knowledge as to 
criminality while, under the second component, the transferor 
must have actual, concrete knowledge in terms of hunting 
licensing. These are two contrary standards that could cause 
confusion. It remains to be seen how a transferor would be 
expected to satisfy the actual knowledge standard contained in 
the second component. Is the transferor expected to interrogate 
the transferee? Would he need to ask to inspect his papers, 
such as requiring presentment of the transferee's hunting 
license?
    Another point eloquently made during the markup related to 
how rural states and portions of the United States view farming 
and ranching as protected activities. One amendment sought to 
expand this exception to make it complementary to state law. 
This amendment was defeated.
    The minority offered amendments to clarify this exception, 
but these amendments were denied consideration by the majority.

               EFFORTS TO PROVIDE ADDITIONAL PROTECTIONS

    Another area of concern raised by the minority members is 
the provision of the bill that precludes any regulatory cap on 
the transfer fees that could be charged to facilitate a gun 
transfer using a dealer intermediary. The minority filed 
amendments to address this issue. None of these amendments were 
adopted. It seems clear that the majority wants to use this 
legislation to impose large and onerous fees on the transfer of 
previously-owned firearms, including perhaps, by allowing state 
and local authorities to impose additional significant transfer 
taxes on top of those fees charged by a dealer intermediary.
    In addition, members of the minority filed amendments 
related to several other issues of Constitutional concern. 
These amendments would have: (a) allowed federal funds to be 
used to restore an individual's gun rights if the individual 
could prove good character to the Attorney General, using a 
process that already exists under current law; (b) limited the 
bill to regulate only interstate firearms transfers; (c) 
created positive incentives for licensed dealers to facilitate 
private party firearms transfers, such as offering immunity 
from tort claims if a previously owned firearm proved defective 
(by law, the dealer must treat the used firearm as part of his 
``inventory'' which suggests he has put the firearm into the 
stream of commerce when, instead, he is merely facilitating a 
transfer of something already in the stream of commerce); (d) 
allowed states to act consistent with the Tenth Amendment by 
adopting a regulatory scheme that gives primacy to state 
regulation in relation to private party gun sales; and (e) 
required destruction of any government records by the bill if 
any court rules the bill is unconstitutional. The majority used 
procedural measures to defeat or block each of these 
amendments.

                         SHALL NOT BE INFRINGED

    The Second Amendment protects each citizen's right to keep 
and bear arms. The reason a law-abiding American might chose to 
own a firearm is as unique as the individual gun owner. These 
reasons include for sport and recreation, such as hunting or 
target practice. For work-related reasons, as is common among 
farmers and ranchers, law enforcement and other security 
professionals. For personal protection, including the 
protection of loved ones and property. Regardless of the 
purpose, the Constitution provides that this right ``shall not 
be infringed.''
    As outlined above, H.R. 8 is terribly flawed legislation. 
The legislation will deprive law-abiding Americans of their 
fundamental rights. In total, Republicans filed 107 amendments 
to address and fix the obvious flaws of this bill. Democrats 
permitted votes on only a handful of amendments and used 
procedural maneuvers to block debate on nearly 100 amendments. 
It is apparent that the markup of this bill had one purpose--to 
rush a flawed bill out of committee and bring it hastily to the 
floor of the House of Representatives, rather than taking the 
time to scrutinize a bill that is obviously unworkable in its 
present form.
    While H.R. 8 may pass the House of Representatives in the 
near future, it will not pass the Senate this Congress. Law-
abiding gun owners and defenders of the Second Amendment, 
however, should not rest. During the markup of this 
legislation, several members of the majority promised H.R. 8 
was ``only the first step'' and suggested that ``there would be 
more to come.'' That is exactly what law-abiding gun owners and 
defenders of the Constitution should fear. It will take nothing 
short of complete vigilance to protect our Second Amendment 
rights and to defeat this poorly crafted legislation--and 
whatever else its proponents have in mind.

          ``The laws that forbid the carrying of arms are laws 
        of such a nature. They disarm only those who are 
        neither inclined nor determined to commit crimes. . . . 
        Such laws make things worse for the assaulted and 
        better for the assailants; they serve rather to 
        encourage than to prevent homicides, for an unarmed man 
        may be attacked with greater confidence than an armed 
        man.''--Thomas Jefferson, Commonplace Book, Quoting 
        18th century criminologist, Cesare Beccaria.

    For the reasons stated above, I dissent from the views 
contained in the Committee's report.

            Sincerely,
                                   Ken Buck.

                            Dissenting Views

    I am a strong supporter of the Second Amendment and an 
individual's right to keep and bear arms. The overwhelming 
majority of gun owners are law-abiding citizens who use 
firearms for sporting purposes, as historical collector's 
items, to go hunting with their children, and if necessary, to 
protect themselves and their families. The legislation that we 
are considering today would do nothing more than criminalize 
common transfers of firearms while doing nothing to prevent gun 
violence.
    However, some lawmakers view the Second Amendment as being 
an inferior Amendment, to be restricted and curtailed. But the 
Founding Fathers included the first 10 Amendments, also known 
as the Bill of Rights, in the Constitution because they 
understood the need to place restrictions on the Federal 
Government in order to protect individual liberty.
    The Second Amendment states that ``the right of the people 
to keep and bear arms, shall not be infringed.'' In 2008, the 
Supreme Court held that the Second Amendment protects an 
individual's right to possess a firearm for traditionally 
lawful purposes, such as for self-defense within the home. 
Anytime we are discussing placing restrictions on an enumerated 
Constitutional right, we must very carefully weigh the 
different competing interests.
    I, along with fellow colleagues here on our side of the 
aisle, do want to see a reduction in violent crime and rates of 
gun violence. Unfortunately, the legislation we are considering 
today would do nothing to help combat gun violence, especially 
in relation to mass shootings. None of the recent mass 
shootings that have occurred in this country would have been 
prevented with this legislation. The only effect this 
legislation would have that I can clearly determine would be 
preventing law-abiding citizens from exercising their Second 
Amendment Constitutional right.
    This legislation is poorly drafted and ill considered. Some 
of the actions that would become illegal include loaning a gun 
to a longtime neighbor, say because of recent break-ins in the 
neighborhood, donating a historic firearm to a museum, or 
gifting a gun to a stepchild. This legislation would even make 
it illegal to remove firearms from a friend's or neighbor's 
house at their request if they were having suicidal thoughts. 
This simply punishes lawful gun owners without addressing the 
realities behind gun violence.
    In California, which has some of the strictest gun laws in 
the country, universal background checks have proven to be a 
failure. A recent study by the Violence Prevention Research 
Program at UC Davis and Johns Hopkins University found that the 
implementation of universal background checks had no effect on 
the rates of suicide or homicide by firearms. Simply put, 
universal background checks have been proven to not reduce gun 
violence and will do nothing to protect the American people.
    To combat gun violence, we must look at improvements to our 
mental health system, and we must more effectively enforce the 
laws currently on the books. We should not be wasting valuable 
time on an ineffective bill that will only serve to impede upon 
the Constitutional rights of law-abiding Americans. I urge my 
colleagues to vote against this measure and work on finding 
real solutions to gun violence. We should stop playing politics 
with legislation that won't benefit the American people.

                                   Martha Roby.

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