I 

111TH CONGRESS 

1ST SESSION H. R. 2296 

To reform the Bureau of Alcohol, Tobacco, Firearms, and Explosives, modernize firearms laws and regulations, protect the community from criminals, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2009 

Mr. KING of Iowa (for himself and Mr. SPACE) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committee on Ways and Means, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reform the Bureau of Alcohol, Tobacco, Firearms, and 

Explosives, modernize firearms laws and regulations, protect the community from criminals, and for other purposes. 

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 ‘‘Bureau of Alcohol, 

5 Tobacco, Firearms, and Explosives Reform and Firearms 

6 Modernization Act of 2009’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND 

EXPLOSIVES MODERNIZATION AND REFORM 

Sec. 101. Graduated penalties for civil violations by Federal firearms licensees. 

Sec. 102. Consideration of Federal firearms license applications. 

Sec. 103. Definition of willfully. 

Sec. 104. Establishment of formal inspection, examination, and investigative 

guidelines. 

Sec. 105. Liquidation of inventory in Federal firearms license expiration, surrender, or revocation cases. 

Sec. 106. Opportunity to cure violations after acquisition of firearms business. 

Sec. 107. Standards for criminal violations of recordkeeping requirements. 

Sec. 108. Effective date. 

TITLE II—FIREARMS CORRECTIONS AND IMPROVEMENTS 

Sec. 201. Correction of nonsubstantive error in age limit provision. 

Sec. 202. Possession and transfer of machineguns for industry testing and security contracting. 

Sec. 203. Elimination of obsolete language added by the Brady Handgun Violence Prevention Act. 

Sec. 204. Elimination of written permission requirement for supervised handgun use. 

Sec. 205. Modification of procedures for sharing of multiple handgun sales reports. 

Sec. 206. Ban on electronic retrieval of inactive licensee information. 

Sec. 207. Barrel and receiver importation. 

Sec. 208. Clarifications relating to manufacturing of firearms. 

3 TITLE I—BUREAU OF ALCOHOL, 

4 TOBACCO, FIREARMS, AND 

5 EXPLOSIVES MODERNIZA6 TION AND REFORM 

7 SEC. 101. GRADUATED PENALTIES FOR CIVIL VIOLATIONS 

8 BY FEDERAL FIREARMS LICENSEES. 

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

10 States Code, is amended by striking subsections (e) and 

11 (f) and inserting the following: 


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1 ‘‘(e)(1)(A) If the Attorney General determines that 

2 a licensee under this section has willfully violated any pro3 vision of this chapter or any regulation prescribed under 

4 this chapter, the Attorney General may— 

5 ‘‘(i) if the violation is of a minor nature— 

6 ‘‘(I) for a first such violation, issue a writ7 ten warning to the licensee; and 

8 ‘‘(II) for a second or subsequent such vio9 lation— 

10 ‘‘(aa) impose on the licensee a civil 

11 money penalty of not more than $500 for 

12 each such violation, with no interest to ac13 crue on the amount of such a penalty, ex14 cept that the total amount of penalties im15 posed on a licensee under this subclause— 

16 ‘‘(AA) for violations arising from 

17 a single inspection or examination 

18 shall not exceed $2,500; and 

19 ‘‘(BB) for a single calendar year 

20 shall not exceed $5,000; or 

21 ‘‘(bb) suspend the license for not more 

22 than 30 days, and specify the cir23 cumstances under which the suspension is 

24 to be terminated, if, in the period for 

25 which the license is in effect, there have 


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1 been at least 2 prior occasions on which 

2 the licensee has been determined to have 

3 violated this chapter; or 

4 ‘‘(ii) if the violation is of a serious nature— 

5 ‘‘(I) impose on the licensee a civil money 

6 penalty of not more than $1,500 for each such 

7 violation, with no interest to accrue on the 

8 amount of such a penalty, except that the total 

9 amount of penalties imposed on a licensee 

10 under this subclause— 

11 ‘‘(aa) for a violation arising from a 

12 single inspection or examination shall not 

13 exceed $7,500; and 

14 ‘‘(bb) for a single calendar year shall 

15 not to exceed $15,000; 

16 ‘‘(II) suspend the license for not more than 

17 90 days, and specify the circumstances under 

18 which the suspension is to be terminated; 

19 ‘‘(III) revoke the license; or 

20 ‘‘(IV) take the actions described in sub21 clauses (I) and (II), or subclauses (I) and (III). 

22 ‘‘(B)(i)(I) In determining the amount of a civil money 

23 penalty to impose under subparagraph (A) on a licensee, 

24 the nature and severity of the violation involved, the size 


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1 of the firearms business operated by the licensee, and the 

2 prior record of the licensee shall be considered. 

3 ‘‘(II) On request of the licensee, the Attorney General 

4 may consider the ability of the licensee to pay a civil 

5 money penalty, and may allow the licensee to submit docu6 ments and information to establish the ability of the li7 censee to pay. The Attorney General shall not make part 

8 of any public record any document or information so sub9 mitted, and shall return to the licensee any such document 

10 or information. 

11 ‘‘(III) The total amount of penalties imposed on a 

12 licensee under subparagraph (A) with respect to violations 

13 of a minor nature and of a serious nature arising from 

14 a single inspection or examination shall not exceed $7,500, 

15 and the total of all such penalties for a single calendar 

16 year shall not exceed $15,000. 

17 ‘‘(ii) For purposes of subparagraph (A), violation of 

18 a provision of this chapter with respect to 2 or more fire19 arms during a single transaction shall be considered a sin20 gle violation of the provision. 

21 ‘‘(iii) The Attorney General may defer, or suspend, 

22 in whole or in part, the imposition of a civil money penalty 

23 on a licensee whose license is suspended under this para24 graph. 

25 ‘‘(C) For purposes of subparagraph (A): 


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1 ‘‘(i) A violation of this chapter shall be consid2 ered to be of a serious nature if the violation— 

3 ‘‘(I) results in or could have resulted in the 

4 transfer of a firearm or ammunition to a person 

5 prohibited from possessing or receiving the fire6 arm or ammunition under this chapter or under 

7 State or local law; 

8 ‘‘(II) obstructs or could have obstructed

9 a bona fide criminal investigation or prosecu10 tion, or an inspection or examination under this 

11 chapter; or 

12 ‘‘(III) prevents or could have prevented a 

13 licensee from complying with subsection (a)(7), 

14 (a)(8), (b)(1), (b)(3), (b)(4), (j), (k), (o), or (p) 

15 of section 922, subsection (g)(7) of this section, 

16 or subsection (b) or (h) of section 924. 

17 ‘‘(ii) A violation of this chapter shall be consid18 ered to be of a minor nature if the violation is not 

19 of a serious nature. 

20 ‘‘(D) The Attorney General may not commence an 

21 enforcement action under subparagraph (A) with respect 

22 to a violation, after the 5-year period that begins with— 

23 ‘‘(i) the date the violation occurred; or 


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1 ‘‘(ii) if the licensee intentionally obstructed dis2 covery of the violation, the date the violation is dis3 covered. 

4 ‘‘(2)(A) Not less than 30 days before the effective 

5 date of any penalty imposed on a licensee by reason of 

6 a determination made under paragraph (1), the Attorney 

7 General shall send the licensee a written notice— 

8 ‘‘(i) of the determination, and the grounds on 

9 which the determination was made; 

10 ‘‘(ii) of the nature of the penalty; and 

11 ‘‘(iii) that the licensee may, within 30 days 

12 after receipt of the notice, request a hearing to re13 view the determination. 

14 ‘‘(B) A hearing to review a determination made under 

15 paragraph (1) with respect to a licensee shall not be held 

16 unless the licensee requests such a hearing within 30 days 

17 after receiving the notice of the determination sent pursu18 ant to subparagraph (A) of this paragraph. 

19 ‘‘(C) On timely receipt from the licensee of a request 

20 for a review described in subparagraph (B), the Attorney 

21 General shall stay the imposition under paragraph (1) of 

22 any penalty involved, pending resolution of the review, un23 less, in the case of a suspension or revocation of a licensee, 

24 the Attorney General establishes, at a hearing before an 

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1 dence, that the continued operation by the licensee of the 

2 business poses an immediate and grave threat to public 

3 safety. 

4 ‘‘(3)(A) Within 90 days after timely receipt from a 

5 licensee of a request to review a determination made under 

6 paragraph (1) (or at such later time as is agreed to by 

7 the Attorney General and the licensee), an administrative 

8 law judge shall hold a hearing, at a location convenient 

9 to the licensee, to review the determination. 

10 ‘‘(B) Not less than 30 days before a hearing de11 scribed in subparagraph (A), the Attorney General shall 

12 deliver to the licensee— 

13 ‘‘(i) a document identifying each person whom 

14 the Attorney General intends to call as a witness 

15 during the hearing; 

16 ‘‘(ii) a copy of each document which will be in17 troduced as evidence at the hearing; and 

18 ‘‘(iii) copies of all documents on which the de19 termination is based. 

20 ‘‘(C) Within 90 days after a hearing described in sub21 paragraph (A), the administrative law judge shall issue a 

22 written decision setting forth findings of fact and conclu23 sions of law, and a decision as to whether to affirm, mod24 ify, or reverse the determination. 


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1 ‘‘(D) On request of the licensee, the Attorney General 

2 shall stay the effective date of any penalty, suspension, 

3 or revocation until there has been a final, nonreviewable 

4 judgment with respect to the determination involved, un5 less, in the case of a suspension or revocation of a licensee, 

6 the Attorney General establishes, at a hearing before an 

7 administrative law judge, by clear and convincing evi8 dence, that the continued operation by the licensee of the 

9 business poses an immediate and grave threat to public 

10 safety. 

11 ‘‘(E) The action of an administrative law judge under 

12 this subsection shall be considered final agency action for 

13 all purposes, and may be reviewed only as provided in sub14 section (f). 

15 ‘‘(4) This subsection shall not be interpreted to affect 

16 the authority of the Attorney General under section 

17 922(t)(5). 

18 ‘‘(f)(1) Within 60 days after a party receives a notice 

19 issued under subsection (d)(3) of a decision to deny a li20 cense, or a notice issued under subsection (e)(3)(C) of a 

21 determination to impose a civil money penalty or to sus22 pend or revoke a license, the party may file a petition with 

23 the United States district court for the district in which 

24 the party resides or has a principal place of business for 

25 a de novo review of the decision or determination. 


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1 ‘‘(2) In a proceeding conducted under this subsection, 

2 the court shall, on application of a party, consider any evi3 dence submitted by the parties to the proceeding whether 

4 or not the evidence was considered at the hearing held 

5 under subsection (d)(3) or (e)(3). 

6 ‘‘(3) If the court determines that the licensee did not 

7 willfully violate 1 or more provisions of this chapter or 

8 1 or more regulations prescribed under this chapter, the 

9 court shall— 

10 ‘‘(A) vacate the revocation, suspension, or fine, 

11 and remand the matter to the Attorney General for 

12 further consideration; and 

13 ‘‘(B) award to the licensee a reasonable attor14 ney’s fee with respect to any part of the decision or 

15 determination on which the licensee prevails. 

16 ‘‘(4) If criminal proceedings are instituted against a 

17 licensee alleging any violation of this chapter or of a regu18 lation prescribed under this chapter, and the licensee is 

19 acquitted of the charges, or the proceedings are termi20 nated, other than upon motion of the Government before 

21 trial on the charges, the Attorney General shall be abso22 lutely barred from denying a license under this chapter, 

23 suspending or revoking a license granted under this chap24 ter, or imposing a civil money penalty under subsection 

25 (e), if the action would be based in whole or in part on 


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1 the facts which form the basis of the criminal charges. 

2 The Attorney General may not institute a proceeding to 

3 suspend or revoke a license granted under this chapter, 

4 or to impose a civil money penalty under subsection (e), 

5 more than 1 year after the filing of the indictment or in6 formation.’’. 

7 (b) CONFORMING AMENDMENT TO PROCEDURE AP8 PLICABLE TO DENIAL OF APPLICATION FOR LICENSE.— 

9 Section 923(d) of title 18, United States Code, is amended 

10 by adding at the end the following: 

11 ‘‘(3) If the Attorney General denies an application 

12 for a license, an administrative law judge of the Depart13 ment of Justice shall, on request by the aggrieved party, 

14 promptly hold a hearing to review the denial, at a location 

15 convenient to the aggrieved party. If, after the hearing, 

16 the administrative law judge decides not to reverse the de17 nial, the administrative law judge shall give notice of the 

18 final denial decision to the aggrieved party.’’. 

19 SEC. 102. CONSIDERATION OF FEDERAL FIREARMS LI20 CENSE APPLICATIONS. 

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

22 States Code, as amended by section 101(b) of this Act, 

23 is amended— 

24 (1) by redesignating paragraphs (2) and (3) as 

25 paragraphs (3) and (4), respectively; and 


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1 (2) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) The Attorney General shall make a preliminary 

4 determination as to whether to approve or deny an appli5 cation submitted under subsection (a) or (b). If the pre6 liminary determination is to deny the application, the At7 torney General shall notify the applicant in writing of the 

8 preliminary determination and the reasons for the prelimi9 nary determination, and shall afford the applicant an op10 portunity to supplement the application with additional in11 formation and to request a hearing on the application. If 

12 the applicant, in a timely manner, requests such a hearing, 

13 the Attorney General shall hold the hearing at a location 

14 convenient to the applicant, and shall notify the applicant 

15 in writing of the time and place of the hearing.’’. 

16 (b) CONFORMING AMENDMENT.—Section 923(f) of 

17 title 18, United States Code, as amended by section 

18 101(a) of this Act, is amended by striking ‘‘(d)(3)’’ each 

19 place it appears and inserting ‘‘(d)(4)’’. 

20 SEC. 103. DEFINITION OF WILLFULLY. 

21 Section 923(e) of title 18, United States Code, as 

22 amended by section 101(a) of this Act, is amended by add23 ing at the end the following: 

24 ‘‘(5) For purposes of this subsection, the term ‘will25 fully’ means, with respect to conduct of a person, that the 


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1 person knew of a legal duty, and engaged in the conduct 

2 knowingly and in intentional disregard of the duty.’’. 

3 SEC. 104. ESTABLISHMENT OF FORMAL INSPECTION, EXAM4 INATION, AND INVESTIGATIVE GUIDELINES. 

5 (a) IN GENERAL.—The Attorney General shall estab6 lish guidelines for how the Bureau of Alcohol, Tobacco, 

7 Firearms, and Explosives is to conduct inspections, exami8 nations, or investigations of possible violations of chapters 

9 40 and 44 of title 18, United States Code. 

10 (b) PERSONNEL MATTERS.—In no case shall the 

11 amount of fines imposed on licensees under chapter 40 

12 or 44 of title 18, United States Code, or the number of 

13 warnings issued, or suspensions or revocations of licenses 

14 under such chapters, be considered in the retention, pro15 motion, or transfer of any officer, agent, or employee of 

16 the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

17 SEC. 105. LIQUIDATION OF INVENTORY IN FEDERAL FIRE18 ARMS LICENSE EXPIRATION, SURRENDER, OR 

19 REVOCATION CASES. 

20 Section 923 of title 18, United States Code, is 

21 amended by adding at the end the following: 

22 ‘‘(m)(1) Except as provided in paragraph (2), a per23 son whose license issued under this chapter is expired, sur24 rendered, or revoked shall be afforded 60 days from the 

25 effective date of the expiration, surrender, or revocation 


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1 to liquidate the firearms inventory of the person, which 

2 time may be extended upon a showing of reasonable cause. 

3 During such 60-day period (including any extension of the 

4 period), the license involved shall continue to be considered 

5 valid. 

6 ‘‘(2) Paragraph (1) shall not apply with respect to 

7 a person if a United States district court for the judicial 

8 district in which the person resides or in which the prin9 cipal place of business of the person subject to the license 

10 is located finds, by clear and convincing evidence, that the 

11 continued operation by the person of the business poses 

12 an immediate and grave threat to public safety.’’. 

13 SEC. 106. OPPORTUNITY TO CURE VIOLATIONS AFTER AC14 QUISITION OF FIREARMS BUSINESS. 

15 Section 923 of title 18, United States Code, as 

16 amended by section 105 of this Act, is amended by adding 

17 at the end the following: 

18 ‘‘(n) If the Attorney General is made aware that a 

19 business licensed under this chapter has transferred to a 

20 surviving spouse or child of the licensee, to an executor, 

21 administrator, or other legal representative of a deceased 

22 licensee, or to a receiver or trustee in bankruptcy, or an 

23 assignee for benefit of creditors, and, before the transfer, 

24 or on the first inspection or examination by the Attorney 

25 General of the records of the licensee after the transfer, 


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1 the licensee is found to be operating the business in viola2 tion of this chapter, the Attorney General— 

3 ‘‘(1) shall notify the transferee of the violation 

4 by the transferor; and 

5 ‘‘(2) shall not presume that the transferee is 

6 committing the violation.’’. 

7 SEC. 107. STANDARDS FOR CRIMINAL VIOLATIONS OF REC8 ORDKEEPING REQUIREMENTS. 

9 Section 922(m) of title 18, United States Code, is 

10 amended— 

11 (1) by striking ‘‘any false entry’’ and inserting 

12 ‘‘a materially false entry’’; 

13 (2) by striking ‘‘appropriate entry’’ and insert14 ing ‘‘a materially significant entry’’; and 

15 (3) by striking ‘‘properly maintain’’ and insert16 ing ‘‘retain custody of’’. 

17 SEC. 108. EFFECTIVE DATE. 

18 This title and the amendments made by this title 

19 shall take effect 180 days after the date of enactment of 

20 this Act. 


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1 TITLE II—FIREARMS CORREC2 TIONS AND IMPROVEMENTS 

3 SEC. 201. CORRECTION OF NONSUBSTANTIVE ERROR IN 

4 AGE LIMIT PROVISION. 

5 Section 922(b)(1) of title 18, United States Code, is 

6 amended to read as follows: 

7 ‘‘(1) any firearm or ammunition to any indi8 vidual who the licensee knows or has reasonable 

9 cause to believe has not attained 18 years of age, 

10 and, if the firearm is other than a shotgun or rifle, 

11 or the ammunition is for a firearm other than a 

12 shotgun or rifle, to any individual who the licensee 

13 knows or has reasonable cause to believe has not at14 tained 21 years of age;’’. 

15 SEC. 202. POSSESSION AND TRANSFER OF MACHINEGUNS 

16 FOR INDUSTRY TESTING AND SECURITY CON17 TRACTING. 

18 (a) MACHINEGUNS FOR FEDERAL CONTRACTORS.— 

19 Section 922(a)(4) of title 18, United States Code, is 

20 amended by striking ‘‘except’’ and all that follows and in21 serting ‘‘except— 

22 ‘‘(A) as specifically authorized by the At23 torney General consistent with public safety and 

24 necessity; or 


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1 ‘‘(B) to comply with a contract between 

2 any person and the United States which re3 quires that person to provide national security 

4 services for the United States or any training 

5 related to such services;’’. 

6 (b) SALE OR DELIVERY OF MACHINEGUNS TO FED7 ERAL CONTRACTORS.—Section 922(b) of title 18, United 

8 States Code, is amended by adding at the end the fol9 lowing: ‘‘Paragraphs (2) and (4) of this subsection shall 

10 not apply to a sale or delivery to comply with a contract 

11 between any person and the United States which requires 

12 that person to provide national security services for the 

13 United States or any training related to the services.’’. 

14 (c) POST–86 MACHINEGUNS FOR TESTING, RE15 SEARCH AND DEVELOPMENT, TRAINING, AND SECU16 RITY.—Section 922(o) of title 18, United States Code, is 

17 amended— 

18 (1) in paragraph (2)— 

19 (A) in subparagraph (A), by striking ‘‘or’’ 

20 at the end; 

21 (B) by redesignating subparagraph (B) as 

22 subparagraph (F); and 

23 (C) by inserting after subparagraph (A) 

24 the following: 


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1 ‘‘(B) a transfer to, or possession by, a person 

2 to comply with a contract between that person and 

3 the United States which requires the person to pro4 vide national security services for the United States 

5 or any training related to the services; 

6 ‘‘(C) a transfer to, or possession by, a licensed 

7 manufacturer or licensed importer solely for testing, 

8 research, design, or development of ammunition or a 

9 firearm; 

10 ‘‘(D) a possession by a licensed manufacturer 

11 or licensed importer for the purposes of training per12 sons to whom a machinegun, manufactured or im13 ported by the licensee, may be transferred as de14 scribed in subparagraph (A) or (B); 

15 ‘‘(E) a transfer to or possession by a licensed 

16 manufacturer, licensed importer, or licensed dealer 

17 for a professional theatrical purpose if the licensee— 

18 ‘‘(i) is registered under section 5802 of the 

19 National Firearms Act; 

20 ‘‘(ii) holds a valid permit or license under 

21 State law to engage in business as a theatrical 

22 firearms dealer or equivalent statutory designa23 tion; 

24 ‘‘(iii) derives not less than 80 percent of 

25 income from the firearms business from the use 


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1 of firearms by professional motion picture or 

2 television productions that are distributed to or 

3 produced for a national or international audi4 ence; 

5 ‘‘(iv) before possessing a machinegun 

6 under this subparagraph, provides the Attorney 

7 General with documentation that— 

8 ‘‘(I) the licensee meets the require9 ments of clauses (i) through (iii); and 

10 ‘‘(II) the transfer or possession, as 

11 the case may be, is for such purpose; and 

12 ‘‘(v) establishes that the number of ma13 chineguns sought by the licensee is reasonable 

14 for the film, production, or performance for 

15 which the machineguns are requested; or’’; and 

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

17 ‘‘(3) A person who receives, possesses, transports, im18 ports, or uses a weapon, ammunition, or a device under 

19 subsection (b) of this section, shall be subject to a back20 ground check every 3 years by the Attorney General, based 

21 on fingerprints and including a background check under 

22 section 103(b) of the Brady Handgun Violence Protection 

23 Act (Public Law 103–159; 18 U.S.C. 922 note) to deter24 mine whether the person is prohibited from possessing or 

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1 son who receives, possesses, transports, imports, or uses 

2 a weapon, ammunition or a device under subsection (b) 

3 of this section shall be subject to subsections (g) and (n) 

4 of this section.’’. 

5 (d) IMPORTATION OF MACHINEGUNS.—Section 

6 925(d) of title 18, United States Code, is amended— 

7 (1) in paragraph (3), by striking ‘‘or’’ at the 

8 end; 

9 (2) in paragraph (4), by striking the period and 

10 inserting a semicolon; and 

11 (3) by inserting after paragraph (4) the fol12 lowing: 

13 ‘‘(5) is imported or brought in for a purpose de14 scribed in section 922(o)(2); or 

15 ‘‘(6) is a machinegun being imported or 

16 brought in for a purpose described in section 

17 922(o)(2)(E).’’. 

18 (e) IMPORTATION UNDER THE NATIONAL FIREARMS

19 ACT.—Section 5844 of the National Firearms Act (26 

20 U.S.C. 5844) is amended— 

21 (1) in paragraph (2), by striking ‘‘or’’ at the 

22 end; and 

23 (2) by inserting after paragraph (3) the fol24 lowing: 


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1 ‘‘(4) a machinegun being imported or brought 

2 in to comply with a contract between any person and 

3 the United States which requires the person to pro4 vide national security services for the United States 

5 or any training related to the services; 

6 ‘‘(5) a machinegun being imported or brought 

7 in by a registered importer or registered manufac8 turer for the purpose of training persons who ac9 quire machineguns pursuant to paragraph (1) that 

10 were manufactured or imported by the registrant; or 

11 ‘‘(6) a machinegun being imported or brought 

12 in for a purpose described in section 922(o)(2)(E) of 

13 title 18, United States Code;’’. 

14 (f) NATIONAL SECURITY SERVICES DEFINED.—Sec15 tion 921(a) of title 18, United States Code, is amended 

16 by adding at the end the following: 

17 ‘‘(36) The term ‘national security services’ means any 

18 protective, defensive, or security services provided pursu19 ant to a contract with a department or agency of the 

20 United States. 

21 ‘‘(37) The term ‘professional theatrical purpose’ 

22 means the use of firearms in a motion picture or television 

23 production which is expected to be produced, distributed, 

24 marketed, or shown by a member of a nationally recog25 nized professional trade association related primarily to 


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1 motion picture and television production, as determined 

2 by the Attorney General.’’. 

3 (g) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect 180 days after the date of 

5 enactment of this Act. 

6 SEC. 203. ELIMINATION OF OBSOLETE LANGUAGE ADDED 

7 BY THE BRADY HANDGUN VIOLENCE PRE8 VENTION ACT. 

9 Section 922 of title 18, United States Code, is 

10 amended— 

11 (1) by striking subsection (s); and 

12 (2) in subsection (t)(1), by striking ‘‘Begin13 ning’’ and all that follows through ‘‘a licensed’’ and 

14 inserting ‘‘A licensed’’. 

15 SEC. 204. ELIMINATION OF WRITTEN PERMISSION RE16 QUIREMENT FOR SUPERVISED HANDGUN 

17 USE. 

18 Section 922(x)(3)(A) of title 18, United States Code, 

19 is amended— 

20 (1) in clause (ii), by striking subclause (II) and 

21 inserting the following: 

22 ‘‘(II) with respect to ranching or 

23 farming activities, target practice, hunting, 

24 or a course of instruction in the safe and 

25 lawful use of a handgun, as described in 


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1 clause (i), a juvenile may possess and use 

2 a handgun or ammunition without the 

3 prior written consent, if the parent or legal 

4 guardian is present at all times and the ju5 venile acts at the direction of a parent, 

6 legal guardian, or other adult who is not 

7 prohibited by Federal, State, or local law 

8 from possessing a firearm;’’; and 

9 (2) in clause (iii), by inserting ‘‘except as pro10 vided in clause (ii)(II),’’ after ‘‘(iii)’’. 

11 SEC. 205. MODIFICATION OF PROCEDURES FOR SHARING 

12 OF MULTIPLE HANDGUN SALES REPORTS. 

13 Section 923(g)(3)(A) of title 18, United States Code, 

14 is amended— 

15 (1) by striking ‘‘and to the department of State 

16 police’’ and all that follows through ‘‘took place’’; 

17 and 

18 (2) by adding at the end the following: ‘‘On re19 quest by a State or local law enforcement agency of 

20 the jurisdiction in which the sale or other disposition 

21 took place, the Attorney General may provide the re22 port to the agency, unless the agency failed to make 

23 the certification required by subparagraph (B) for 

24 the most recent 6-month period for which the certifi25 cation is so required.’’. 


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•HR 2296 IH

1 SEC. 206. BAN ON ELECTRONIC RETRIEVAL OF INACTIVE 

2 LICENSEE INFORMATION. 

3 Subsection 923(g)(4) of title 18, United States Code, 

4 is amended by adding at the end the following: ‘‘The At5 torney General shall not electronically retrieve information 

6 gathered pursuant to this paragraph by name or by any 

7 personal identification code.’’. 

8 SEC. 207. BARREL AND RECEIVER IMPORTATION. 

9 (a) IN GENERAL.—Section 925(e) of title 18, United 

10 States Code, is amended— 

11 (1) in paragraph (1), by striking ‘‘, and’’ and 

12 inserting a period; 

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

14 ‘‘(3) All frames or receivers of rifles, or barrels 

15 for firearms other than handguns, if the importation 

16 is for repair or replacement purposes.’’. 

17 (b) GOVERNMENTAL IMPORTS.—Section 925(a)(1) of 

18 title 18, United States Code, is amended by inserting ‘‘, 

19 barrel,’’ after ‘‘or importation of any firearm’’. 

20 SEC. 208. CLARIFICATIONS RELATING TO MANUFACTURING 

21 OF FIREARMS. 

22 (a) CLARIFICATION OF DEFINITION OF MANUFAC23 TURING.—Section 921(a)(10) of title 18, United States 

24 Code, is amended by adding at the end the following: ‘‘The 

25 term ‘manufacturing’ shall not include repairing firearms, 

26 making or fitting special barrels, stocks, trigger mechaVerDate Nov 24 2008 03:52 May 09, 2009 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H2296.IH H2296

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•HR 2296 IH

1 nisms, or other parts to firearms, or engraving or other2 wise altering the appearance of firearms.’’. 

3 (b) CLARIFICATION OF DEFINITION OF DEALER.— 

4 Section 921(a)(11)(B) of title 18, United States Code, is 

5 amended by striking ‘‘or trigger mechanisms to firearms’’ 

6 and inserting ‘‘trigger mechanisms, or other parts to fire7 arms, or engraving or otherwise altering the appearance 

8 of firearms’’. 

Æ 


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