89–006 

116TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 116–12 

ENHANCED 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. 1112] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 1112) to amend chapter 44 of title 18, United States Code, 

to strengthen the background check procedures to be followed before a Federal firearms licensee may transfer a firearm to a person 

who is not such a licensee, having considered the same, report favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for the Legislation ............................................................. 3 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 4 

Committee Votes ...................................................................................................... 4 

Committee Oversight Findings ............................................................................... 5 

New Budget Authority and Tax Expenditures and Congressional Budget 

Office Cost Estimate ............................................................................................ 5 

Duplication of Federal Programs ............................................................................ 5 

Performance Goals and Objectives ......................................................................... 6 

Advisory on Earmarks ............................................................................................. 6 

Section-by-Section Analysis .................................................................................... 6 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 

Dissenting Views ..................................................................................................... 25 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

2 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Enhanced Background Checks Act of 2019’’. 

SEC. 2. STRENGTHENING OF BACKGROUND CHECK PROCEDURES TO BE FOLLOWED BEFORE 

A FEDERAL FIREARMS LICENSEE MAY TRANSFER A FIREARM TO A PERSON WHO 

IS NOT SUCH A LICENSEE. 

Section 922(t)(1)(B)(ii) of title 18, United States Code is amended— 

(1) in paragraph (1)(B), by striking clause (ii) and inserting the following: 

‘‘(ii) in the event 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— 

‘‘(I) not fewer than 10 business days (meaning a day on which State offices are open) has 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 the 

other person has submitted, electronically through a website established by 

the Attorney General or by first-class mail, a petition for review which— 

‘‘(aa) certifies that such other person has no reason to believe that 

such other person is prohibited by Federal, State, or local law from purchasing or possessing a firearm; and 

‘‘(bb) requests that the system respond to the contact referred to in 

subparagraph (A) within 10 business days after the date the petition 

was submitted (or, if the petition is submitted by first-class mail, the 

date the letter containing the petition is postmarked); and 

‘‘(II) 10 business days have elapsed since the other person so submitted 

the petition, 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’’; and 

(2) by adding at the end the following: 

‘‘(7) The Attorney General shall— 

‘‘(A) prescribe the form on which a petition shall be submitted pursuant 

to paragraph (1)(B)(ii); 

‘‘(B) make the form available electronically, and provide a copy of the 

form to all licensees referred to in paragraph (1); 

‘‘(C) provide the petitioner and the licensee involved written notice of receipt of the petition, either electronically or by first-class mail; and 

‘‘(D) respond on an expedited basis to any such petition received by the 

Attorney General.’’. 

SEC. 3. NEW TERMINOLOGY FOR THOSE WITH MENTAL ILLNESS. 

Section 922 of title 18, United States Code, is amended in each of subsections 

(d)(4) and (g)(4) by striking ‘‘adjudicated as a mental defective’’ and inserting ‘‘adjudicated with mental illness, severe developmental disability, or severe emotional instability’’. 

Purpose and Summary 

H.R 1112, the ‘‘Enhanced Background Checks Act of 2019,’’ 

would strengthen the background check procedures federal firearms licensees and dealers must follow before selling or transferring a firearm. Under current law, firearms dealers are required to 

run a background check on prospective buyers using the National 

Instant Criminal Background Check System (often called ‘‘the 

NICS’’). More than 90% of checks are completed within 90 seconds. 

The bill provides that if the NICS system has not returned an answer to the licensed firearms dealer within ten days, the prospective firearms purchaser may file a petition with the Attorney General for review. After another ten-day period has expired, the licensed firearms dealer may sell or transfer the firearm to the prospective purchaser if it has not received a response through the 

NICS system and the dealer has no reason to believe that the purchaser is prohibited from obtaining a firearm under federal, state, 

or local law. 

3 

1 18 U.S.C. § 922(t)(1)(B)(ii) (2019). 

2 Carrie Johnson, FBI Says Background Check Error Let Charleston Shooting Suspect Buy 

Gun, Nat’l Pub. Radio, July 10, 2015, https://www.npr.org/sections/thetwo-way/2015/07/10/ 

421789047/fbi-says-background-check-error-let-charleston-shooting-suspect-buy-gun. 3 Hearing on Preventing Gun Violence: A Call to Action Before H. Comm. On the Judiciary, 

116th Cong. (2019), https://judiciary.house.gov/legislation/hearings/preventing-gun-violence-callaction (statement of Robyn Thomas, Executive Dir., Giffords Law Center). 4Mayors Against Illegal Guns, A Blueprint for Federal Action on Illegal Guns: Regulation, Enforcement, and Best Practices to Combat Illegal Gun Trafficking, sec. I. (2009), at http:// 

www.joycefdn.org/assets/images/blueprint_federal_action.pdf (citing letter from Thomas E. Bush, 

III, Assistant Dir., CJIS Div., FBI, to Michael R. Bloomberg, Mayor of New York City (Oct. 21, 

2008), http://everytown.org/documents/2016/10/2008_10_21-fbi-letter.pdf [herein, Bloomberg Letter]. 5 Background Check Procedures, Giffords Law Ctr. to Prevent Gun Violence, https:// 

lawcenter.giffords.org/gun-laws/policy-areas/background-checks/background-check-procedures/ 

(last visited Feb. 10, 2019). 6 Bloomberg Letter at 24. 

Background and Need for the Legislation 

In most cases, a licensed gun dealer receives notification from 

NICS that a prospective buyer has passed or failed a background 

check within a few minutes. In less than ten percent of cases, NICS 

examiners may require additional time to complete the background 

check if the information the transferee provided is incomplete, inaccurate, or otherwise defective. Under current law, a licensed gun 

dealer conducting a background check on a prospective purchaser 

may sell the firearm to the purchaser after three business days, 

even if NICS has not indicated that the person has passed the 

check.1 This policy has allowed individuals who were prohibited 

from obtaining firearms being allowed to consummate the purchase. 

A particularly tragic example of the consequences of this loophole 

was the racist hate crime murder of nine people at the Emanuel 

African Methodist Episcopal Church in Charleston, South Carolina 

that occurred in 2015. In that tragedy, the shooter was not legally 

allowed to possess a firearm due to drug charges, but still was able 

to acquire his gun from a licensed dealer who made the decision 

to transfer after the current three-business-day period expired, despite not having received a definitive response from the background 

check system.2

Unfortunately, the sale to the shooter after three days, called a 

‘‘default proceed’’ sale, was not an isolated incident. Since 1994, 

gun sellers proceeded with between 3,000 and 4,000 such sales per 

year.3 Analyzing data provided by the Department of Justice, one 

study found that ‘‘default proceed’’ sales are eight times more likely 

to involve a prohibited purchaser than other background checks.4

In 2017 alone, ‘‘default proceed’’ sales accounted for 4,864 transfers 

to purchasers who were prohibited from owning firearms.5 [Is this 

still relevant\timely? The FBI reported that during 2007 and 2008, 

in cases a licensed seller sold a firearm through ‘‘default proceed’’ 

transfers, approximately 22% of the individuals investigated were 

legally prohibited from purchasing or possessing a firearm.6

Hearings 

The Committee’s hearing on ‘‘Preventing Gun Violence: A Call to 

Action,’’ held on February 6, 2019, was used to develop H.R. 1112. 

The hearing considered a wide variety of topics related to gun violence prevention, including the need to address background check 

deficiencies and loopholes. The Committee heard testimony from: 

4 

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 TappHarper 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 devastating impact gun violence has on communities, discussed a wide range of policy proposals, and offered 

suggestions on how current firearms restrictions may be modified. 

The hearing informed the development of H.R. 1112. 

Committee Consideration 

On Wednesday, February 13, 2019, the Committee met in open 

session and ordered the bill, H.R. 1112, favorably reported with an 

amendment, by a roll call vote of 21 to 14, 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 

roll call votes occurred during the Committee’s consideration of 

H.R. 1112. 

1. Motion to report H.R. 1112, as amended, favorably was agreed 

to by a rollcall vote of 21 to 14. 

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) .................................................. X ........ .............

Karen Bass (CA–37) .................................................. X ........ .............

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) ................................................ X ........ .............

Lou Correa (CA–46) ................................................... X ........ .............

Mary Gay Scanion (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 ........ .............

5 

ROLLCALL NO. 1—Continued 

Ayes Nos Present 

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) ................................................... ........ ........ .............

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 .................................................................... 21 14 

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. 1112 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. 

6 

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. 1112 would extend the time period before a firearms dealer may proceed with a 

sale without a response from the NICS system, establish a petition 

process by which gun purchasers may ask the FBI to review their 

background check request, and requires to the Attorney General to 

establish procedures by which firearms purchasers may submit a 

petition. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 1112 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 ‘‘Enhanced Background Checks Act of 2019.’’ 

Sec. 2. Strengthening of Background Check Procedures to be Followed before a Federal Firearms Licensee May Transfer a Firearm 

to a Person Who is Not Such a Licensee. Section 2 amends section 

922(t)(1)(B)(ii) of title 18 of the U.S. Code to provide that, if after 

ten days the NICS system has not notified a firearms dealer or licensee that the purchaser is prohibited from owning a firearm, the 

firearms purchaser may submit a petition by first-class mail or 

electronically challenging his or her failure to be approved. Then, 

ten days after the filing of such petition by mail or electronically, 

the firearms dealer or licensee may sell or transfer the firearm to 

the purchaser if they have not received notification that the sale 

is prohibited and the dealer or licensee has no reason to believe 

that sale is prohibited under federal, state or local law. Section 2 

also directs the Attorney General to: (1) prescribe the form by 

which such petition may be filed; (2) make such form electronically 

available to licensees or dealers; (3) provide the petitioner and the 

licensee involved written notice of receipt of such petition, either 

electronically or by first-class mail; and (4) respond on any such petition received by the Attorney General under this provision. 

Sec. 3. New Terminology for Those with Mental Illness. Section 

3 amends sections 922(d) and 922(g) of title 18 of the U.S. Code, 

by replacing ‘‘adjudicated as a mental defective,’’ with ‘‘adjudicated 

with mental illness, severe developmental disability, or severe emotional instability.’’ 

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. 1112, as reported, are shown as follows (existing law proposed 

to be omitted is enclosed in black brackets, new matter is printed 

in italic, existing law in which no changes are proposed is shown 

in roman): 

7 

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 

* * * * * * * 

§ 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 

8 

(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— 

9 

(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), 

10 

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 

11 

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 øadjudicated as a mental defective¿ adjudicated 

with mental illness, severe developmental disability, or severe 

emotional instability 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 

12 

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 øadjudicated as a mental defective¿ adjudicated with mental illness, severe developmental disability, or 

severe emotional instability 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 

13 

(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 

14 

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 

15 

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 interVerDate Sep 11 2014 07:08 Feb 23, 2019 Jkt 089006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6601 E:\HR\OC\HR012.XXX HR012
16 

state 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 

17 

(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 

18 

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 

19 

(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. 

20 

(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)(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 

ø(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¿ 

(ii) in the event 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— 

(I) not fewer than 10 business days (meaning a day on 

which State offices are open) has 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 the 

other person has submitted, electronically through a 

website established by the Attorney General or by first-class 

mail, a petition for review which— 

(aa) certifies that such other person has no reason to 

believe that such other person is prohibited by Federal, 

State, or local law from purchasing or possessing a 

firearm; and 

(bb) requests that the system respond to the contact 

referred to in subparagraph (A) within 10 business 

days after the date the petition was submitted (or, if 

the petition is submitted by first-class mail, the date 

the letter containing the petition is postmarked); and 

(II) 10 business days have elapsed since the other person 

so submitted the petition, 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 

21 

(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— 

22 

(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. 

(7) The Attorney General shall— 

(A) prescribe the form on which a petition shall be submitted 

pursuant to paragraph (1)(B)(ii); 

(B) make the form available electronically, and provide a 

copy of the form to all licensees referred to in paragraph (1); 

(C) provide the petitioner and the licensee involved written 

notice of receipt of the petition, either electronically or by firstclass mail; and 

(D) respond on an expedited basis to any such petition received 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. 

ø(v) Repealed. Pub. L. 103-322, title XI, Sec. 110105(2), Sept. 13, 

1994, 108 Stat. 2000.¿ 

ø(w) Repealed. Pub. L. 103-322, title XI, Sec. 110105(2), Sept. 13, 

1994, 108 Stat. 2000.¿ 

(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 

23 

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) 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; 

24 

(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 

25 

(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. 

[Appendix A Repealed. Pub. L. 103-322, Title XI, Sec. 110105(2), 

Sept. 13, 1994, 108 Stat. 2000] 

* * * * * * * 

Dissenting Views 

H.R. 1112, the ‘‘Enhanced Background Checks Act of 2019,’’ fundamentally and detrimentally changes the way the National Instant Criminal Background Check System (NICS) operates. CurVerDate Sep 11 2014 07:08 Feb 23, 2019 Jkt 089006 PO 00000 Frm 00025 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
26 

1See 28 CFR Part 25.6(c)(1)(iv)(B). 

2Pete Williams and Mark Potter, Charleston church massacre: Dylann Roof’s gun bought at 

local store, msnbc.com, June 23, 2015, http://www.msnbc.com/msnbc/charleston-churchmassacredylann-roofs-gun-bought-local-store. 

rently, commercially-sold firearms are prohibited from being transferred until a NICS check determines the transfer to the individual 

would not violate applicable federal and state laws. However, if the 

background check is not completed within 3 business days, the 

Federal Firearms Licensee (FFL) has the OPTION to proceed with 

the transfer. To be clear, the FFL is NOT required to complete the 

transfer. It is entirely at the FFL’s discretion. 

If the NICS search finds a record requiring further research to 

determine whether the prospective transferee is prohibited from 

purchasing or possessing a firearm by federal or state law, a ‘‘Delayed’’ response is issued to the FFL. A ‘‘Delayed’’ response indicates the firearm transfer should not proceed until a follow-up 

‘‘Proceed’’ response from the NICS or the expiration of three business days, whichever occurs first.1 This provision is necessary to 

ensure firearm purchasers are not arbitrarily denied their Second 

Amendment rights. Without the 3-day provision, the FBI has no incentive to complete checks in a timely manner. And, with NICS appeals sometimes taking well over a year, a system where the government can arbitrarily delay the ability to acquire a firearm 

would be a clear violation of the right to keep and bear arms. 

H.R. 1112 turns this system on its head. It essentially eliminates 

the 3-day waiting period and imposes a 20-day waiting period for 

countless firearm purchasers. As technology has advanced since 

NICS was introduced over twenty years ago, we should be looking 

to shorten the waiting period, not lengthen it. In fact, many Senators in favor of stricter gun control supported reducing the current 

3-day provision to 1 day as part of the Manchin-Toomey amendment just a few years ago. Certainly, technology has advanced 

since even then. 

Not only is the 20-day waiting period excessive, it is an onerous 

process that unduly burdens potential firearms purchasers. Under 

H.R. 1112, if an FFL conducts a NICS check and does not receive 

a response from NICS after 10 business days, the prospective purchaser is not permitted to take possession of the firearm. The prospective purchaser may then petition the FBI to permit the transfer to proceed. The FFL may not proceed with the transaction until 

an additional 10 business days have elapsed from the date of the 

petition. Keep in mind these are business days, not calendar days. 

That is important because current federal law limits the validity of 

a NICS background check to 30 calendar days from the date it is 

initiated. In essence, this legislation eliminates the delay-proceed 

option for a potential purchaser of firearms. This may well be the 

intent of the authors. 

The Charleston shooting does not justify elimination of the 3-day 

provision. The shooter first attempted to buy a firearm on April 11, 

2015, but was delayed due to an arrest for drug possession. The 

firearm was transferred on April 16, 5 days after the attempt to 

purchase.2 The attack didn’t take place until June 17, over two 

months after the shooter first tried to buy the firearm. During this 

27 

time, the FBI could have continued investigating the purchaser for 

derogatory information. They did not do so. 

DOUG COLLINS, 

Ranking Member. 

Æ