I 

114TH CONGRESS 

1ST SESSION H. R. 368 

To provide for greater safety in the use of firearms. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 14, 2015 

Mr. DEUTCH introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To provide for greater safety in the use of firearms. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe and Responsible 

5 Gun Transfer Act’’. 

6 TITLE I—REQUIRING A BACK7 GROUND CHECK FOR EVERY 

8 FIREARM SALE 

9 SEC. 101. PURPOSE. 

10 The purpose of this title is to extend the Brady Law 

11 background check procedures to all sales and transfers of 

12 firearms. 


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1 SEC. 102. FIREARMS TRANSFERS. 

2 (a) IN GENERAL.—Chapter 44 of title 18, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 932. Background checks for firearm transfers by 

6 unlicensed persons 

7 ‘‘(a) DEFINITIONS.—In this section— 

8 ‘‘(1) the term ‘unlicensed transferee’ means a 

9 person who— 

10 ‘‘(A) is not licensed under this chapter; 

11 and 

12 ‘‘(B) desires to receive a firearm from an 

13 unlicensed transferor; and 

14 ‘‘(2) the term ‘unlicensed transferor’ means a 

15 person who— 

16 ‘‘(A) is not licensed under this chapter; 

17 and 

18 ‘‘(B) desires to transfer a firearm to an 

19 unlicensed transferee. 

20 ‘‘(b) RESPONSIBILITIES OF TRANSFERORS OTHER

21 THAN LICENSEES.— 

22 ‘‘(1) IN GENERAL.—It shall be unlawful for an 

23 unlicensed transferor to transfer a firearm to an un24 licensed transferee, unless the firearm is trans25 ferred— 


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1 ‘‘(A)(i) through a licensed dealer under 

2 subsection (d); 

3 ‘‘(ii) through a law enforcement agency 

4 under subsection (e); 

5 ‘‘(iii) after inspecting a permit that con6 firms a background check under subsection (f); 

7 or 

8 ‘‘(iv) in accordance with an exception de9 scribed in subsection (g); and 

10 ‘‘(B) in accordance with paragraph (2). 

11 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—Except 

12 as provided in subsection (g), an unlicensed trans13 feror— 

14 ‘‘(A) subject to subparagraph (B), may not 

15 transfer a firearm to an unlicensed transferee 

16 until— 

17 ‘‘(i) the licensed dealer through which 

18 the transfer is made under subsection (d) 

19 makes a notification described in sub20 section (d)(3)(A); 

21 ‘‘(ii) the law enforcement agency 

22 through which the transfer is made under 

23 subsection (e) makes a notification de24 scribed in subsection (e)(4)(A); or 


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1 ‘‘(iii) the unlicensed transferee has 

2 presented a permit that confirms that a 

3 background check has been conducted, as 

4 described in subsection (f); and 

5 ‘‘(B) may not transfer a firearm to an un6 licensed transferee if— 

7 ‘‘(i) the licensed dealer through which 

8 the transfer is made under subsection (d) 

9 makes the notification described in sub10 section (d)(3)(B); or 

11 ‘‘(ii) the law enforcement agency 

12 through which the transfer is made under 

13 subsection (e) makes the notification de14 scribed in subsection (e)(3)(B). 

15 ‘‘(3) ABSENCE OF RECORDKEEPING REQUIRE16 MENTS.—Nothing in this section shall permit or au17 thorize the Attorney General to impose record18 keeping requirements on any unlicensed transferor. 

19 ‘‘(c) RESPONSIBILITIES OF TRANSFEREES OTHER

20 THAN LICENSEES.— 

21 ‘‘(1) IN GENERAL.—It shall be unlawful for an 

22 unlicensed transferee to receive a firearm from an 

23 unlicensed transferor, unless the firearm is trans24 ferred— 


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1 ‘‘(A)(i) through a licensed dealer under 

2 subsection (d); 

3 ‘‘(ii) through a law enforcement agency 

4 under subsection (e); 

5 ‘‘(iii) after inspecting a permit that con6 firms a background check in accordance with 

7 subsection (f); or 

8 ‘‘(iv) in accordance with an exception de9 scribed in subsection (g); and 

10 ‘‘(B) in accordance with paragraph (2). 

11 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—Except 

12 as provided in subsection (g), an unlicensed trans13 feree— 

14 ‘‘(A) subject to subparagraph (B), may not 

15 receive a firearm from an unlicensed transferor 

16 until— 

17 ‘‘(i) the licensed dealer through which 

18 the transfer is made under subsection (d) 

19 makes a notification described in sub20 section (d)(3)(A); 

21 ‘‘(ii) the law enforcement agency 

22 through which the transfer is made under 

23 subsection (e) makes a notification de24 scribed in subsection (e)(4)(A); or 


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1 ‘‘(iii) the unlicensed transferee has 

2 presented a permit that confirms that a 

3 background check described in subsection 

4 (f) has been conducted; and 

5 ‘‘(B) may not receive a firearm from an6 other unlicensed transferor if— 

7 ‘‘(i) the licensed dealer through which 

8 the transfer is made under subsection (d) 

9 makes a notification described in sub10 section (d)(3)(B); or 

11 ‘‘(ii) the law enforcement agency 

12 through which the transfer is made under 

13 subsection (e) makes a notification de14 scribed in subsection (e)(4)(B). 

15 ‘‘(d) BACKGROUND CHECKS THROUGH LICENSED

16 DEALERS.—A licensed dealer who agrees to assist in the 

17 transfer of a firearm between unlicensed transferor and 

18 an unlicensed transferee shall— 

19 ‘‘(1) enter such information about the firearm 

20 as the Attorney General may require by regulation 

21 into a separate bound record; 

22 ‘‘(2) record the transfer on a form specified by 

23 the Attorney General; 

24 ‘‘(3) comply with section 922(t) as if transfer25 ring the firearm from the inventory of the licensed 


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1 dealer to the unlicensed transferee (except that a li2 censed dealer assisting in the transfer of a firearm 

3 under this subsection shall not be required to comply 

4 again with the requirements of section 922(t) in de5 livering the firearm to the unlicensed transferee) and 

6 notify the unlicensed transferor and unlicensed 

7 transferee— 

8 ‘‘(A) of such compliance; and 

9 ‘‘(B) if the transfer is subject to the re10 quirements of section 922(t)(1), of any receipt 

11 by the licensed dealer of a notification from the 

12 national instant criminal background check sys13 tem that the transfer would violate section 922 

14 or State law; 

15 ‘‘(4) not later than 31 days after the date on 

16 which the transfer occurs, submit to the Attorney 

17 General a report of the transfer, which— 

18 ‘‘(A) shall be on a form specified by the 

19 Attorney General by regulation; and 

20 ‘‘(B) shall not include the name of or other 

21 identifying information relating to the unli22 censed transferor or unlicensed transferee; 

23 ‘‘(5) if the licensed dealer assists an unlicensed 

24 transferor in transferring, at the same time or dur25 ing any 5 consecutive business days, two or more 


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1 pistols or revolvers, or any combination of pistols 

2 and revolvers totaling two or more, to the same unli3 censed transferee, in addition to the reports required 

4 under paragraph (4), prepare a report of the mul5 tiple transfers, which shall— 

6 ‘‘(A) be prepared on a form specified by 

7 the Attorney General; and 

8 ‘‘(B) not later than the close of business 

9 on the date on which the transfer requiring the 

10 report under this paragraph occurs, be sub11 mitted to— 

12 ‘‘(i) the office specified on the form 

13 described in subparagraph (A); and 

14 ‘‘(ii) the appropriate State law en15 forcement agency of the jurisdiction in 

16 which the transfer occurs; and 

17 ‘‘(6) retain a record of the transfer as part of 

18 the permanent business records of the licensed deal19 er. 

20 ‘‘(e) BACKGROUND CHECKS THROUGH LAW EN21 FORCEMENT AGENCIES.—A State or local law enforce22 ment agency that agrees to assist an unlicensed transferor 

23 in carrying out the responsibilities of the unlicensed trans24 feror under subsection (b) with respect to the transfer of 

25 a firearm shall— 


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1 ‘‘(1)(A) contact the national instant criminal 

2 background check system under section 922(t); and 

3 ‘‘(B)(i) receive an identification number as de4 scribed in section 922(t)(1)(B)(i); or 

5 ‘‘(ii) wait the period described in 

6 922(t)(1)(B)(ii); 

7 ‘‘(2) conduct such other checks as the agency 

8 considers appropriate to determine whether the re9 ceipt or possession of the firearm by the unlicensed 

10 transferee would violate section 922 or State law; 

11 ‘‘(3) verify the identity of the unlicensed trans12 feree by— 

13 ‘‘(A) examining a valid identification docu14 ment (as defined in section 1028(d)) of the un15 licensed transferee containing a photograph of 

16 the unlicensed transferee; or 

17 ‘‘(B) confirming that the unlicensed trans18 feror has examined a valid identification docu19 ment described in subparagraph (A); 

20 ‘‘(4) notify the unlicensed transferor and trans21 feree— 

22 ‘‘(A) of the compliance by the law enforce23 ment agency with the requirements under para24 graphs (1), (2), and (3); and 


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1 ‘‘(B) of any receipt by the law enforcement 

2 agency of a notification from the national in3 stant criminal background check system or 

4 other information that the transfer would vio5 late section 922 or would violate State law; 

6 ‘‘(5) not later than 31 days after the date on 

7 which the transfer occurs, submit to the Attorney 

8 General a report of the transfer, which— 

9 ‘‘(A) shall be on a form specified by the 

10 Attorney General by regulation; and 

11 ‘‘(B) shall not include the name of or other 

12 identifying information relating to the unli13 censed transferor or unlicensed transferee; 

14 ‘‘(6) if the law enforcement agency assists an 

15 unlicensed transferor in transferring, at the same 

16 time or during any 5 consecutive business days, two 

17 or more pistols or revolvers, or any combination of 

18 pistols and revolvers totaling two or more, to the 

19 same unlicensed transferee, in addition to the re20 ports required under paragraph (5), prepare a re21 port of the multiple transfers, which shall be— 

22 ‘‘(A) prepared on a form specified by the 

23 Attorney General; and 


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1 ‘‘(B) not later 24 hours after the transfer 

2 requiring the report under this paragraph oc3 curs, submitted to— 

4 ‘‘(i) the office specified on the form 

5 described in subparagraph (A); and 

6 ‘‘(ii) the appropriate State law en7 forcement agency of the jurisdiction in 

8 which the transfer occurs; and 

9 ‘‘(7) maintain records of the transfer at such 

10 place, and in such form, as the Attorney General 

11 may prescribe. 

12 ‘‘(f) PURCHASE PERMITS CONFIRMING BACKGROUND

13 CHECKS.—An unlicensed transferor may transfer a fire14 arm to an unlicensed transferee if the unlicensed trans15 feror verifies that— 

16 ‘‘(1) the unlicensed transferee has presented to 

17 a licensed dealer or a law enforcement official a per18 mit or license that allows the unlicensed transferee 

19 to possess, acquire, or carry a firearm, and the li20 censed dealer or law enforcement official, as the case 

21 may be, has verified to the unlicensed transferor 

22 that the permit or license is valid; 

23 ‘‘(2) the permit or license was issued not more 

24 than 5 years before the date on which the permit or 

25 license is presented under paragraph (1) by a law 


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1 enforcement agency in the State in which the trans2 fer is to take place; 

3 ‘‘(3) the law of the State provides that the per4 mit or license is to be issued only after a law en5 forcement official has verified that neither the na6 tional instant criminal background check system nor 

7 other information indicates that possession of a fire8 arm by the unlicensed transferee would be in viola9 tion of Federal, State, or local law; and 

10 ‘‘(4) if the permit or license does not include a 

11 photograph of the unlicensed transferee, the unli12 censed transferor has examined a valid identification 

13 document (as defined in section 1028(d)) of the unli14 censed transferee containing a photograph of the un15 licensed transferee. 

16 ‘‘(g) EXCEPTIONS.—Unless prohibited by any other 

17 provision of law, subsections (b) and (c) shall not apply 

18 to any transfer of a firearm between an unlicensed trans19 feror and unlicensed transferee, if— 

20 ‘‘(1) the transfer is a bona fide gift between im21 mediate family members, including spouses, parents, 

22 children, siblings, grandparents, and grandchildren; 

23 ‘‘(2) the transfer occurs by operation of law, or 

24 because of the death of another person for whom the 


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1 unlicensed transferor is an executor or administrator 

2 of an estate or a trustee of a trust created in a will; 

3 ‘‘(3) the transfer is temporary and occurs while 

4 in the home of the unlicensed transferee, if— 

5 ‘‘(A) the unlicensed transferee is not other6 wise prohibited from possessing firearms; and 

7 ‘‘(B) the unlicensed transferee believes 

8 that possession of the firearm is necessary to 

9 prevent imminent death or great bodily harm to 

10 the unlicensed transferee; 

11 ‘‘(4) the transfer is approved by the Attorney 

12 General under section 5812 of the Internal Revenue 

13 Code of 1986; 

14 ‘‘(5) upon application of the unlicensed trans15 feror, the Attorney General determined that compli16 ance with subsection (b) is impracticable because— 

17 ‘‘(A) the ratio of the number of law en18 forcement officers of the State in which the 

19 transfer is to occur to the number of square 

20 miles of land area of the State does not exceed 

21 0.0025; 

22 ‘‘(B) the location at which the transfer is 

23 to occur is extremely remote in relation to the 

24 chief law enforcement officer (as defined in sec25 tion 922(s)(8)); and 


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1 ‘‘(C) there is an absence of telecommuni2 cations facilities in the geographical area in 

3 which the unlicensed transferor is located; or 

4 ‘‘(6) the transfer is a temporary transfer of 

5 possession without transfer of title that takes 

6 place— 

7 ‘‘(A) at a shooting range located in or on 

8 premises owned or occupied by a duly incor9 porated organization organized for conservation 

10 purposes or to foster proficiency in firearms; 

11 ‘‘(B) at a target firearm shooting competi12 tion under the auspices of or approved by a 

13 State agency or nonprofit organization; or 

14 ‘‘(C) while hunting, fishing, or trapping, 

15 if— 

16 ‘‘(i) the activity is legal in all places 

17 where the unlicensed transferee possesses 

18 the firearm; and 

19 ‘‘(ii) the unlicensed transferee holds 

20 any required license or permit. 

21 ‘‘(h) PROCESSING FEES.—A licensed dealer or law 

22 enforcement agency that processes the transfer of a fire23 arm under this section may assess and collect a fee, in 

24 an amount not to exceed $15, with respect to each firearm 

25 transfer processed. 


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1 ‘‘(i) RECORDS.—Nothing in subsection (e)(7) shall be 

2 construed to authorize the Attorney General to inspect 

3 records described in such subsection or to require that the 

4 records be transferred to a facility owned, managed, or 

5 controlled by the United States.’’. 

6 (b) PENALTIES.—Section 924(a)(5) of title 18, 

7 United States Code, is amended by inserting ‘‘or section 

8 932’’ after ‘‘section 922’’. 

9 (c) CONFORMING AMENDMENT.—The table of sec10 tions for chapter 44 of title 18, United States Code, is 

11 amended by adding at the end the following: 

‘‘932. Background checks for firearm transfers by unlicensed persons.’’. 

12 SEC. 103. EFFECTIVE DATE. 

13 The amendments made by this title shall take effect 

14 180 days after the date of enactment of this Act. 

15 TITLE II—BACKGROUND 

16 CHECKS FOR GUN SHOP EM17 PLOYEES 

18 SEC. 201. BACKGROUND CHECKS REQUIRED FOR EMPLOY19 EES AUTHORIZED TO POSSESS OR TRANSFER 

20 FIREARMS OR AMMUNITION IN THE COURSE 

21 OF A LICENSED FIREARM BUSINESS. 

22 (a) IN GENERAL.—Section 923 of title 18, United 

23 States Code, is amended by adding at the end the fol24 lowing: 


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1 ‘‘(m)(1)(A) It shall be unlawful for a licensed dealer 

2 to authorize an employee hired by the employer on or after 

3 the effective date of this subsection to possess or transfer 

4 a firearm or ammunition in the course of employment with 

5 the licensed dealer, unless the licensed dealer has received 

6 from the Attorney General a notice that the Attorney Gen7 eral has determined that receipt of a firearm by the em8 ployee would not be unlawful. 

9 ‘‘(B) Beginning 3 months after the effective date of 

10 this subsection, it shall be unlawful for a licensed dealer 

11 to authorize an employee hired by the employer before the 

12 effective date of this subsection, to possess or transfer a 

13 firearm or ammunition in the course of employment with 

14 the licensed dealer, unless the licensed dealer has received 

15 from the Attorney General a notice that the Attorney Gen16 eral has determined that receipt of a firearm by the em17 ployee would not be unlawful. 

18 ‘‘(2) The Attorney General may temporarily waive 

19 the applicability of paragraph (1) to an employer with re20 spect to an employee about whom the employer has sub21 mitted to the Attorney General the information described 

22 in paragraph (3) if the Attorney General determines that 

23 the Attorney General will be unable to make a determina24 tion under paragraph (3) with respect to the employee in 

25 a timely manner. 


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1 ‘‘(3)(A) If the Attorney General receives from a li2 censed dealer the name and other identifying information 

3 of an employee who will be authorized by the licensed deal4 er to possess or transfer a firearm in the course of employ5 ment with the licensed dealer, the Attorney General shall 

6 determine whether it would be unlawful for the employee 

7 to receive a firearm under Federal law or under the law 

8 of any State or locality in which the employee may be so 

9 authorized. In making the determination, the Attorney 

10 General may take into account a letter or document issued 

11 under subparagraph (B). 

12 ‘‘(B)(i) If the Attorney General determines that such 

13 a receipt of a firearm by the employee would not be unlaw14 ful, the Attorney General shall notify the licensed dealer 

15 in writing or electronically of the determination, and issue 

16 to the employee a letter of clearance, which confirms the 

17 determination. 

18 ‘‘(ii) If the Attorney General determines that such a 

19 receipt of a firearm by the employee would be unlawful, 

20 the Attorney General shall notify the licensed dealer in 

21 writing or electronically of the determination, and issue 

22 to the employee a document that— 

23 ‘‘(I) confirms the determination; 

24 ‘‘(II) explains the grounds for the determina25 tion; 


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1 ‘‘(III) provides information on how the dis2 ability may be relieved; and 

3 ‘‘(IV) explains how the determination may be 

4 appealed.’’. 

5 (b) PENALTIES.— 

6 (1) ADMINISTRATIVE.—Section 923(e) of such 

7 title is amended by inserting ‘‘knowingly violated 

8 subsection (m)(1) or’’ before ‘‘willfully violated’’. 

9 (2) CRIMINAL.—Section 924(a)(1)(D) of such 

10 title is amended by inserting ‘‘knowingly violates sec11 tion 923(m)(1) or’’ before ‘‘willfully’’. 

12 (c) CORRECTION OF ERRONEOUS SYSTEM INFORMA13 TION.—Section 103(g) of the Brady Handgun Violence 

14 Prevention Act (18 U.S.C. 922 note) is amended— 

15 (1) by inserting ‘‘or by an employee of the indi16 vidual’’ after ‘‘transferee’’ the first place it appears; 

17 and 

18 (2) by inserting ‘‘or employee, as the case may 

19 be,’’ after ‘‘transferee’’ each subsequent place it ap20 pears. 

21 (d) EFFECTIVE DATE.—The amendment made by 

22 this section shall apply to conduct engaged in after the 

23 3-month period that begins with the date of the enactment 

24 of this Act. 


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1 TITLE III—PREVENTION OF TER2 RORISTS FROM OBTAINING 

3 FIREARMS OR EXPLOSIVES 

4 SEC. 301. GRANTING THE ATTORNEY GENERAL THE AU5 THORITY TO DENY THE SALE, DELIVERY, OR 

6 TRANSFER OF A FIREARM OR THE ISSUANCE 

7 OF A FIREARMS OR EXPLOSIVES LICENSE OR 

8 PERMIT TO DANGEROUS TERRORISTS. 

9 (a) STANDARD FOR EXERCISING ATTORNEY GEN10 ERAL DISCRETION REGARDING TRANSFERRING FIRE11 ARMS OR ISSUING FIREARMS PERMITS TO DANGEROUS

12 TERRORISTS.—Chapter 44 of title 18, United States 

13 Code, is amended— 

14 (1) by inserting the following new section after 

15 section 922: 

16 ‘‘§ 922A. Attorney General’s discretion to deny trans17 fer of a firearm 

18 ‘‘The Attorney General may deny the transfer of a 

19 firearm pursuant to section 922(t)(1)(B)(ii) if the Attor20 ney General determines that the transferee is known (or 

21 appropriately suspected) to be or have been engaged in 

22 conduct constituting, in preparation for, in aid of, or re23 lated to terrorism, or providing material support thereof, 

24 and the Attorney General has a reasonable belief that the 


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1 prospective transferee may use a firearm in connection 

2 with terrorism.’’; 

3 (2) by inserting the following new section after 

4 section 922A: 

5 ‘‘§ 922B. Attorney General’s discretion regarding ap6 plicants for firearm permits which would 

7 qualify for the exemption provided under 

8 section 922(t)(3) 

9 ‘‘The Attorney General may determine that an appli10 cant for a firearm permit which would qualify for an ex11 emption under section 922(t) is known (or appropriately 

12 suspected) to be or have been engaged in conduct consti13 tuting, in preparation for, in aid of, or related to ter14 rorism, or providing material support thereof, and the At15 torney General has a reasonable belief that the applicant 

16 may use a firearm in connection with terrorism.’’; and 

17 (3) in section 921(a), by adding at the end the 

18 following: 

19 ‘‘(36) The term ‘terrorism’ means ‘international ter20 rorism’ as defined in section 2331(1), and ‘domestic ter21 rorism’ as defined in section 2331(5). 

22 ‘‘(37) The term ‘material support’ means ‘material 

23 support or resources’ within the meaning of section 2339A 

24 or 2339B. 


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1 ‘‘(38) The term ‘responsible person’ means an indi2 vidual who has the power, directly or indirectly, to direct 

3 or cause the direction of the management and policies of 

4 the applicant or licensee pertaining to firearms.’’. 

5 (b) EFFECT OF ATTORNEY GENERAL DISCRE6 TIONARY DENIAL THROUGH THE NATIONAL INSTANT

7 CRIMINAL BACKGROUND CHECK SYSTEM (NICS) ON

8 FIREARMS PERMITS.—Section 922(t) of such title is 

9 amended— 

10 (1) in paragraph (1)(B)(ii), by inserting ‘‘or 

11 State law, or that the Attorney General has deter12 mined to deny the transfer of a firearm pursuant to 

13 section 922A’’ before the semicolon; 

14 (2) in paragraph (2), by inserting after ‘‘or 

15 State law’’ the following: ‘‘or if the Attorney General 

16 has not determined to deny the transfer of a firearm 

17 pursuant to section 922A’’; 

18 (3) in paragraph (3)(A)(i)— 

19 (A) by striking ‘‘and’’ at the end of sub20 clause (I); and 

21 (B) by adding at the end the following: 

22 ‘‘(III) was issued after a check of the system 

23 established pursuant to paragraph (1);’’; 

24 (4) in paragraph (3)(A)— 


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1 (A) by adding ‘‘and’’ at the end of clause 

2 (ii); and 

3 (B) by adding after and below the end the 

4 following: 

5 ‘‘(iii) the State issuing the permit 

6 agrees to deny the permit application if 

7 such other person is the subject of a deter8 mination by the Attorney General pursuant 

9 to section 922B;’’; 

10 (5) in paragraph (4), by inserting after ‘‘or 

11 State law,’’ the following: ‘‘or if the Attorney Gen12 eral has not determined to deny the transfer of a 

13 firearm pursuant to section 922A,’’; and 

14 (6) in paragraph (5), by inserting after ‘‘or 

15 State law,’’ the following: ‘‘or if the Attorney Gen16 eral has determined to deny the transfer of a fire17 arm pursuant to section 922A,’’. 

18 (c) UNLAWFUL SALE OR DISPOSITION OF FIREARM

19 BASED ON ATTORNEY GENERAL DISCRETIONARY DE20 NIAL.—Section 922(d) of such title is amended— 

21 (1) by striking ‘‘or’’ at the end of paragraph 

22 (8); 

23 (2) by striking the period at the end of para24 graph (9) and inserting ‘‘; or’’; and 


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1 (3) by inserting after paragraph (9) the fol2 lowing: 

3 ‘‘(10) has been the subject of a determination 

4 by the Attorney General pursuant to section 922A, 

5 922B, 923(d)(1)(H), or 923(e) of this title.’’. 

6 (d) ATTORNEY GENERAL DISCRETIONARY DENIAL

7 AS PROHIBITOR.—Section 922(g) of such title is amend8 ed— 

9 (1) by striking ‘‘or’’ at the end of paragraph 

10 (8); 

11 (2) by striking the comma at the end of para12 graph (9) and inserting; ‘‘; or’’; and 

13 (3) by inserting after paragraph (9) the fol14 lowing: 

15 ‘‘(10) who has received actual notice of the At16 torney General’s determination made pursuant to 

17 section 922A, 922B, 923(d)(1)(H), or 923(e) of this 

18 title.’’. 

19 (e) ATTORNEY GENERAL DISCRETIONARY DENIAL

20 OF FEDERAL FIREARMS LICENSES.—Section 923(d)(1) of 

21 such title is amended— 

22 (1) by striking ‘‘Any’’ and inserting ‘‘Except as 

23 provided in subparagraph (H), any’’; 

24 (2) in subparagraph (F)(iii), by striking ‘‘and’’ 

25 at the end; 


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1 (3) in subparagraph (G), by striking the period 

2 and inserting ‘‘; and’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(H) The Attorney General may deny a li5 cense application if the Attorney General deter6 mines that the applicant (including any respon7 sible person) is known (or appropriately sus8 pected) to be or have been engaged in conduct 

9 constituting, in preparation for, in aid of, or re10 lated to terrorism, or providing material sup11 port thereof, and the Attorney General has a 

12 reasonable belief that the applicant may use a 

13 firearm in connection with terrorism.’’. 

14 (f) DISCRETIONARY REVOCATION OF FEDERAL FIRE15 ARMS LICENSES.—Section 923(e) of such title is amend16 ed— 

17 (1) in the first sentence— 

18 (A) by inserting after ‘‘revoke’’ the fol19 lowing: ‘‘—(1)’’; and 

20 (B) by striking the period and inserting a 

21 semicolon; 

22 (2) in the second sentence— 

23 (A) by striking ‘‘The Attorney General 

24 may, after notice and opportunity for hearing, 

25 revoke’’ and insert ‘‘(2)’’; and 


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1 (B) by striking the period and inserting ‘‘; 

2 or’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(3) any license issued under this section if the 

5 Attorney General determines that the holder of the 

6 license (including any responsible person) is known 

7 (or appropriately suspected) to be or have been en8 gaged in conduct constituting, in preparation for, in 

9 aid of, or related to terrorism, or providing material 

10 support thereof, and the Attorney General has a rea11 sonable belief that the applicant may use a firearm 

12 in connection with terrorism.’’. 

13 (g) ATTORNEY GENERAL’S ABILITY TO WITHHOLD

14 INFORMATION IN FIREARMS LICENSE DENIAL AND REV15 OCATION SUIT.—Section 923(f) of such title is amended— 

16 (1) in the first sentence of paragraph (1), by 

17 inserting ‘‘, except that if the denial or revocation is 

18 pursuant to subsection (d)(1)(H) or (e)(3), then any 

19 information on which the Attorney General relied for 

20 this determination may be withheld from the peti21 tioner if the Attorney General determines that dis22 closure of the information would likely compromise 

23 national security’’ before the period; and 

24 (2) in paragraph (3), by inserting after the 

25 third sentence the following: ‘‘With respect to any 


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1 information withheld from the aggrieved party under 

2 paragraph (1), the United States may submit, and 

3 the court may rely on, summaries or redacted 

4 versions of documents containing information the 

5 disclosure of which the Attorney General has deter6 mined would likely compromise national security.’’. 

7 (h) ATTORNEY GENERAL’S ABILITY TO WITHHOLD

8 INFORMATION IN RELIEF FROM DISABILITIES LAW9 SUITS.—Section 925(c) of such title is amended by insert10 ing after the third sentence the following: ‘‘If receipt of 

11 a firearms by the person would violate section 922(g)(10), 

12 any information which the Attorney General relied on for 

13 this determination may be withheld from the applicant if 

14 the Attorney General determines that disclosure of the in15 formation would likely compromise national security. In 

16 responding to the petition, the United States may submit, 

17 and the court may rely on, summaries or redacted versions 

18 of documents containing information the disclosure of 

19 which the Attorney General has determined would likely 

20 compromise national security.’’. 

21 (i) PENALTIES.—Section 924(k) of such title is 

22 amended— 

23 (1) by striking ‘‘or’’ at the end of paragraph 

24 (2); 


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1 (2) in paragraph (3), by striking ‘‘, or’’ and in2 serting ‘‘; or’’; and 

3 (3) by inserting after paragraph (3) the fol4 lowing: 

5 ‘‘(4) constitutes an act of terrorism (as defined 

6 in section 921(a)(36)), or material support thereof 

7 (as defined in section 921(a)(37)), or’’. 

8 (j) REMEDY FOR ERRONEOUS DENIAL OF FIREARM

9 OR FIREARM PERMIT EXEMPTION.—Section 925A of such 

10 title is amended— 

11 (1) in the section heading, by striking ‘‘Rem12 edy for erroneous denial of firearm’’ and 

13 inserting ‘‘Remedies’’; 

14 (2) by striking ‘‘Any person denied a firearm 

15 pursuant to subsection (s) or (t) of section 922’’ and 

16 inserting the following: 

17 ‘‘(a) Except as provided in subsection (b), any person 

18 denied a firearm pursuant to section 922(t) or pursuant 

19 to a determination made under section 922B,’’; and 

20 (3) by adding after and below the end the fol21 lowing: 

22 ‘‘(b) In any case in which the Attorney General has 

23 denied the transfer of a firearm to a prospective transferee 

24 pursuant to section 922A or has made a determination 

25 regarding a firearm permit applicant pursuant to section 


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1 922B, an action challenging the determination may be 

2 brought against the United States. The petition must be 

3 filed not later than 60 days after the petitioner has re4 ceived actual notice of the Attorney General’s determina5 tion made pursuant to section 922A or 922B. The court 

6 shall sustain the Attorney General’s determination on a 

7 showing by the United States by a preponderance of evi8 dence that the Attorney General’s determination satisfied 

9 the requirements of section 922A or 922B. To make this 

10 showing, the United States may submit, and the court 

11 may rely on, summaries or redacted versions of documents 

12 containing information the disclosure of which the Attor13 ney General has determined would likely compromise na14 tional security. On request of the petitioner or the court’s 

15 own motion, the court may review the full, undisclosed 

16 documents ex parte and in camera. The court shall deter17 mine whether the summaries or redacted versions, as the 

18 case may be, are fair and accurate representations of the 

19 underlying documents. The court shall not consider the 

20 full, undisclosed documents in deciding whether the Attor21 ney General’s determination satisfies the requirements of 

22 section 922A or 922B.’’. 

23 (k) PROVISION OF GROUNDS UNDERLYING INELIGI24 BILITY DETERMINATION BY THE NATIONAL INSTANT

25 CRIMINAL BACKGROUND CHECK SYSTEM.—Section 103 


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1 of the Brady Handgun Violence Prevention Act (Public 

2 Law 103–159) is amended— 

3 (1) in subsection (f)— 

4 (A) by inserting after ‘‘is ineligible to re5 ceive a firearm,’’ the following: ‘‘or the Attorney 

6 General has made a determination regarding an 

7 applicant for a firearm permit pursuant to sec8 tion 922B of title 18, United States Code’’; and 

9 (B) by inserting after ‘‘the system shall 

10 provide such reasons to the individual,’’ the fol11 lowing: ‘‘except for any information the disclo12 sure of which the Attorney General has deter13 mined would likely compromise national secu14 rity’’; and 

15 (2) in subsection (g)— 

16 (A) in the first sentence, by inserting after 

17 ‘‘subsection (g) or (n) of section 922 of title 18, 

18 United States Code or State law’’ the following: 

19 ‘‘or if the Attorney General has made a deter20 mination pursuant to section 922A or 922B of 

21 such title,’’; 

22 (B) by inserting ‘‘, except any information 

23 the disclosure of which the Attorney General 

24 has determined would likely compromise na25 tional security’’ before the period; and 


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1 (C) by adding at the end the following: 

2 ‘‘Any petition for review of information with3 held by the Attorney General under this sub4 section shall be made in accordance with section 

5 925A of title 18, United States Code.’’. 

6 (l) UNLAWFUL DISTRIBUTION OF EXPLOSIVES

7 BASED ON ATTORNEY GENERAL DISCRETIONARY DE8 NIAL.—Section 842(d) of such title is amended— 

9 (1) by striking the period at the end of para10 graph (9) and inserting ‘‘; or’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(10) has received actual notice of the Attorney 

13 General’s determination made pursuant to section 

14 843(b)(8) or (d)(2) of this title.’’. 

15 (m) ATTORNEY GENERAL DISCRETIONARY DENIAL

16 AS PROHIBITOR.—Section 842(i) of such title is amend17 ed— 

18 (1) by adding ‘‘or’’ at the end of paragraph (7); 

19 and 

20 (2) by inserting after paragraph (7) the fol21 lowing: 

22 ‘‘(8) who has received actual notice of the At23 torney General’s determination made pursuant to 

24 section 843(b)(8) or (d)(2),’’. 


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1 (n) ATTORNEY GENERAL DISCRETIONARY DENIAL

2 OF FEDERAL EXPLOSIVES LICENSES AND PERMITS.— 

3 Section 843(b) of such title is amended— 

4 (1) by striking ‘‘Upon’’ and inserting the fol5 lowing: ‘‘Except as provided in paragraph (8), on’’; 

6 and 

7 (2) by inserting after paragraph (7) the fol8 lowing: 

9 ‘‘(8) The Attorney General may deny the 

10 issuance of a permit or license to an applicant if the 

11 Attorney General determines that the applicant or a 

12 responsible person or employee possessor thereof is 

13 known (or appropriately suspected) to be or have 

14 been engaged in conduct constituting, in preparation 

15 of, in aid of, or related to terrorism, or providing 

16 material support thereof, and the Attorney General 

17 has a reasonable belief that the person may use ex18 plosives in connection with terrorism.’’. 

19 (o) ATTORNEY GENERAL DISCRETIONARY REVOCA20 TION OF FEDERAL EXPLOSIVES LICENSES AND PER21 MITS.—Section 843(d) of such title is amended— 

22 (1) by inserting ‘‘(1)’’ in the first sentence after 

23 ‘‘if’’; and 

24 (2) by striking the period at the end of the first 

25 sentence and inserting the following: ‘‘; or (2) the 


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1 Attorney General determines that the licensee or 

2 holder (or any responsible person or employee pos3 sessor thereof) is known (or appropriately suspected) 

4 to be or have been engaged in conduct constituting, 

5 in preparation for, in aid of, or related to terrorism, 

6 or providing material support thereof, and that the 

7 Attorney General has a reasonable belief that the 

8 person may use explosives in connection with ter9 rorism.’’. 

10 (p) ATTORNEY GENERAL’S ABILITY TO WITHHOLD

11 INFORMATION IN EXPLOSIVES LICENSE AND PERMIT DE12 NIAL AND REVOCATION SUITS.—Section 843(e) of such 

13 title is amended— 

14 (1) in the first sentence of paragraph (1), by 

15 inserting ‘‘except that if the denial or revocation is 

16 based on a determination under subsection (b)(8) or 

17 (d)(2), then any information which the Attorney 

18 General relied on for the determination may be with19 held from the petitioner if the Attorney General de20 termines that disclosure of the information would 

21 likely compromise national security’’ before the pe22 riod; and 

23 (2) in paragraph (2), by adding at the end the 

24 following: ‘‘In responding to any petition for review 

25 of a denial or revocation based on a determination 


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1 under section 843(b)(8) or (d)(2), the United States 

2 may submit, and the court may rely on, summaries 

3 or redacted versions of documents containing infor4 mation the disclosure of which the Attorney General 

5 has determined would likely compromise national se6 curity.’’. 

7 (q) ABILITY TO WITHHOLD INFORMATION IN COM8 MUNICATIONS TO EMPLOYERS.—Section 843(h)(2) of 

9 such title is amended— 

10 (1) in subparagraph (A), by inserting ‘‘or sec11 tion 843(b)(1) (on grounds of terrorism) of this 

12 title,’’ after ‘‘section 842(i),’’; and 

13 (2) in subparagraph (B)— 

14 (A) by inserting ‘‘or section 843(b)(8)’’ 

15 after ‘‘section 842(i)’’; and 

16 (B) in clause (ii), by inserting ‘‘, except 

17 that any information that the Attorney General 

18 relied on for a determination pursuant to sec19 tion 843(b)(8) may be withheld if the Attorney 

20 General concludes that disclosure of the infor21 mation would likely compromise national secu22 rity’’ before the semicolon. 

23 (r) CONFORMING AMENDMENT TO IMMIGRATION AND

24 NATIONALITY ACT.—Section 101(a)(43)(E)(ii) of the Im25 migration and Nationality Act (8 U.S.C. 


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1 1101(a)(43)(E)(ii)) is amended by striking ‘‘or (5)’’ and 

2 inserting ‘‘(5), or (10)’’. 

3 TITLE IV—REPORTING OF LOST 

4 OR STOLEN FIREARMS TO 

5 STATE OR LOCAL POLICE 

6 SEC. 401. REQUIREMENT THAT GUN OWNERS REPORT LOST 

7 OR STOLEN FIREARMS TO STATE OR LOCAL 

8 POLICE. 

9 Section 923(g)(6) of title 18, United States Code, is 

10 amended— 

11 (1) by inserting ‘‘(A)’’ after ‘‘(6)’’; and 

12 (2) by adding after and below the end the fol13 lowing: 

14 ‘‘(B) Each person who owns or possesses a firearm 

15 shall report the theft or loss of the firearm, within 48 

16 hours after the theft or loss is discovered, to the appro17 priate local authorities.’’. 

18 TITLE V—CONCEALED 

19 FIREARMS PERMITS 

20 SEC. 501. CONCEALED FIREARMS PERMITS. 

21 (a) IN GENERAL.—Chapter 44 of title 18, United 

22 States Code, is amended by inserting after section 926C 

23 the following: 


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1 ‘‘§ 926D. Concealed firearms permits 

2 ‘‘(a) IN GENERAL.—Each State that allows residents 

3 of the State to carry concealed firearms in or affecting 

4 interstate or foreign commerce shall— 

5 ‘‘(1) establish a process to issue permits to resi6 dents of the State to carry concealed firearms in or 

7 affecting interstate or foreign commerce; and 

8 ‘‘(2) require that each resident of the State 

9 seeking to carry a concealed firearm in or affecting 

10 interstate or foreign commerce in the State obtain a 

11 permit through the process established under para12 graph (1). 

13 ‘‘(b) REQUIREMENTS.—In establishing a process to 

14 issue permits to carry concealed firearms under subsection 

15 (a), a State shall— 

16 ‘‘(1) ensure that a local law enforcement agency 

17 participates in the process; and 

18 ‘‘(2) at a minimum, require that an applicant 

19 for a permit to carry a concealed firearm in or af20 fecting interstate or foreign commerce— 

21 ‘‘(A) be a legal resident of the United 

22 States; 

23 ‘‘(B) be not less than 21 years of age; 

24 ‘‘(C) demonstrate good cause for request25 ing a concealed firearm permit; 


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1 ‘‘(D) demonstrate that the applicant is 

2 worthy of the public trust to carry a concealed 

3 firearm in public; 

4 ‘‘(E) complete a firearm safety training 

5 course certified by the State; and 

6 ‘‘(F) not have been convicted of a crime of 

7 violence. 

8 ‘‘(c) LAW ENFORCEMENT AGENCY REPORT.—If a 

9 State establishes a process under subsection (a) that al10 lows for an agency other than a law enforcement agency 

11 to issue permits to carry concealed firearms, the process 

12 shall require that— 

13 ‘‘(1) a local law enforcement agency submit to 

14 the agency responsible for issuing permits a written 

15 report that describes whether the applicant meets 

16 the standards of the State to carry a concealed fire17 arm; and 

18 ‘‘(2) the agency responsible for issuing permits 

19 maintain a report submitted under paragraph (1) in 

20 the file of the applicant. 

21 ‘‘(d) DEFINITION.—In this section, the term ‘local 

22 law enforcement agency’ means a law enforcement agency 

23 of the unit of local government with jurisdiction of the 

24 area in which the applicant for a permit to carry a con25 cealed firearm resides. 


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1 ‘‘(e) COMPLIANCE.—Not later than 270 days after 

2 the date of enactment of this section, each State described 

3 in subsection (a) shall be in compliance with this section.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

5 The table of sections for such chapter is amended by in6 serting after the item relating to section 926C the fol7 lowing: 

‘‘926D. Concealed firearms permits.’’. 

Æ 


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