I 

112TH CONGRESS 

1ST SESSION H. R. 1781 

To ensure that all individuals who should be prohibited from buying a firearm 

are listed in the national instant criminal background check system 

and require a background check for every firearm sale. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2011 

Mrs. MCCARTHY of New York (for herself, Ms. WASSERMAN SCHULTZ, Mr. 

CONYERS, Mr. SCOTT of Virginia, Mr. ACKERMAN, Ms. NORTON, Mr. 

GRIJALVA, Mr. HONDA, Ms. BROWN of Florida, Mrs. CAPPS, Mr. TOWNS, 

Mr. SERRANO, Mr. NADLER, Mr. ELLISON, Mr. CONNOLLY of Virginia, 

Mr. TIERNEY, Mr. CICILLINE, Ms. CHU, Mr. ROTHMAN of New Jersey, 

Mr. DEUTCH, Mr. QUIGLEY, Mr. STARK, Mr. MORAN, Mr. OLVER, Mr. 

JOHNSON of Georgia, Ms. MATSUI, Mrs. MALONEY, Mr. FATTAH, Mr. 

HOLT, Mr. FARR, and Mr. ENGEL) introduced the following bill; which 

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

Committee on Education and the Workforce, 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 ensure that all individuals who should be prohibited from 

buying a firearm are listed in the national instant criminal background check system and require a background 

check for every firearm sale. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Fix Gun Checks Act of 2011’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE 

PROHIBITED FROM BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM 

Sec. 101. Penalties for States that do not make data electronically available to 

the National Instant Criminal Background Check System. 

Sec. 102. Requirement that Federal agencies certify that they have submitted 

to the National Instant Criminal Background Check System all 

records identifying persons prohibited from purchasing firearms under Federal law. 

Sec. 103. Adjudicated as a mental defective; mental health assessment plan. 

Sec. 104. Clarification that Federal court information is to be made available 

to the National Instant Criminal Background Check System. 

TITLE II—REQUIRING A BACKGROUND CHECK FOR EVERY 

FIREARM SALE 

Sec. 201. Purpose. 

Sec. 202. Firearms transfers. 

Sec. 203. Effective date. 

TITLE III—GAO STUDY 

Sec. 301. GAO study of the implementation of the NICS Improvements Amendments Act of 2007. 


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1 TITLE I—ENSURING THAT ALL 

2 INDIVIDUALS WHO SHOULD 

3 BE PROHIBITED FROM BUY4 ING A GUN ARE LISTED IN 

5 THE NATIONAL INSTANT 

6 CRIMINAL BACKGROUND 

7 CHECK SYSTEM 

8 SEC. 101. PENALTIES FOR STATES THAT DO NOT MAKE 

9 DATA ELECTRONICALLY AVAILABLE TO THE 

10 NATIONAL INSTANT CRIMINAL BACKGROUND 

11 CHECK SYSTEM. 

12 (a) AMENDMENTS.—Section 104(b) of the NICS Im13 provement Amendments Act of 2007 (18 U.S.C. 922 note) 

14 is amended— 

15 (1) by amending paragraph (2) to read as fol16 lows: 

17 ‘‘(2) MANDATORY REDUCTIONS.—Notwith18 standing paragraph (1)— 

19 ‘‘(A) for the first fiscal year beginning 

20 after the date that is one year after the date of 

21 submission of the report required under section 

22 301(b) of the Fix Gun Checks Act of 2011, and 

23 each of the 4 succeeding fiscal years, the Attor24 ney General shall withhold 15 percent of the 

25 amount that would otherwise be allocated to a 


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1 State under section 505 of the Omnibus Crime 

2 Control and Safe Streets Act of 1968 (42 

3 U.S.C. 3755) if the State provides less than 75 

4 percent of the records required to be provided 

5 under sections 102 and 103; and 

6 ‘‘(B) after the expiration of the period re7 ferred to in subparagraph (A), the Attorney 

8 General shall withhold 25 percent of the 

9 amount that would otherwise be allocated to a 

10 State under section 505 of the Omnibus Crime 

11 Control and Safe Streets Act of 1968 (42 

12 U.S.C. 3755) if the State provides less than 90 

13 percent of the records required to be provided 

14 under sections 102 and 103.’’; and 

15 (2) by amending paragraph (3) to read as fol16 lows: 

17 ‘‘(3) WAIVER BY ATTORNEY GENERAL.—If a 

18 State provides substantial evidence, as determined 

19 by the Attorney General, that the State is making 

20 a reasonable effort to comply with the requirements 

21 of sections 102 and 103, including an inability to 

22 comply due to court order or other legal restriction, 

23 the Attorney General may reduce the percentage 

24 of— 


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1 ‘‘(A) the amount withheld under paragraph 

2 (2)(A) to not less than 5 percent; and 

3 ‘‘(B) the amount withheld under para4 graph (2)(B) to not less than 15 percent.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 subsection (a)(2) shall take effect on the first day of the 

7 first fiscal year beginning after the date that is one year 

8 after the date of submission of the report required under 

9 section 301(b) this Act. 

10 SEC. 102. REQUIREMENT THAT FEDERAL AGENCIES CER11 TIFY THAT THEY HAVE SUBMITTED TO THE 

12 NATIONAL INSTANT CRIMINAL BACKGROUND 

13 CHECK SYSTEM ALL RECORDS IDENTIFYING 

14 PERSONS PROHIBITED FROM PURCHASING 

15 FIREARMS UNDER FEDERAL LAW. 

16 Section 103(e)(1) of the Brady Handgun Violence 

17 Prevention Act (18 U.S.C. 922 note) is amended by add18 ing at the end the following: 

19 ‘‘(F) SEMIANNUAL CERTIFICATION AND

20 REPORTING.— 

21 ‘‘(i) IN GENERAL.—The head of each 

22 Federal department or agency shall submit 

23 to the Attorney General a written certifi24 cation indicating whether the department 

25 or agency has provided to the Attorney 


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1 General the pertinent information con2 tained in any record of any person that the 

3 department or agency was in possession of 

4 during the time period addressed by the 

5 report demonstrating that the person falls 

6 within a category described in subsection 

7 (g) or (n) of section 922 of title 18, United 

8 States Code. 

9 ‘‘(ii) SUBMISSION DATES.—The head 

10 of a Federal department or agency shall 

11 submit a certification under clause (i)— 

12 ‘‘(I) not later than July 31 of 

13 each year, which shall address any 

14 record the department or agency was 

15 in possession of during the period be16 ginning on January 1 of the year and 

17 ending on June 30 of the year; and 

18 ‘‘(II) not later than January 31 

19 of each year, which shall address any 

20 record the department or agency was 

21 in possession of during the period be22 ginning on July 1 of the previous year 

23 and ending on December 31 of the 

24 previous year. 


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1 ‘‘(iii) CONTENTS.—A certification re2 quired under clause (i) shall state, for the 

3 applicable period— 

4 ‘‘(I) the number of records of the 

5 Federal department or agency dem6 onstrating that a person fell within 

7 each of the categories described in 

8 section 922(g) of title 18, United 

9 States Code; 

10 ‘‘(II) the number of records of 

11 the Federal department or agency 

12 demonstrating that a person fell with13 in the category described in section 

14 922(n) of title 18, United States 

15 Code; and 

16 ‘‘(III) for each category of 

17 records described in subclauses (I) 

18 and (II), the total number of records 

19 of the Federal department or agency 

20 that have been provided to the Attor21 ney General.’’. 


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1 SEC. 103. ADJUDICATED AS A MENTAL DEFECTIVE; MENTAL 

2 HEALTH ASSESSMENT PLAN. 

3 (a) DEFINITION.—Section 921(a) of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘(36) The term ‘adjudicated as a mental defective’ 

7 means, with respect to a person, that— 

8 ‘‘(A) a court, board, commission, or other law9 ful authority has determined, as a result of marked 

10 subnormal intelligence, mental illness, incompetency, 

11 or disease of the person, that the person— 

12 ‘‘(i) is a danger to himself or others; 

13 ‘‘(ii) lacks the mental capacity to contract 

14 or manage his own affairs; or 

15 ‘‘(iii) be compelled to receive services, in16 cluding counseling, medication, or testing to de17 termine compliance with prescribed medications, 

18 but not including testing for use of alcohol or 

19 for abuse of any controlled substance or other 

20 drug; 

21 ‘‘(B) the person has been found insane by a 

22 court in a criminal case; 

23 ‘‘(C) the person has been found incompetent to 

24 stand trial; or 

25 ‘‘(D) the person has been found not guilty by 

26 reason of lack of mental responsibility pursuant to 


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1 articles 50a and 72b of the Uniform Code of Mili2 tary Justice (10 U.S.C. 850a, 976b).’’. 

3 (b) MENTAL HEALTH ASSESSMENT PLAN FOR INSTI4 TUTIONS OF HIGHER EDUCATION.—Part B of title I of 

5 the Higher Education Act of 1965 (20 U.S.C. 1011 et 

6 seq.) is amended by adding at the end the following: 

7 ‘‘SEC. 124. MENTAL HEALTH ASSESSMENT PLAN FOR INSTI8 TUTIONS OF HIGHER EDUCATION. 

9 ‘‘(a) RESTRICTION ON ELIGIBILITY.—Each college, 

10 university, or postsecondary institution that receives Fed11 eral funds under this Act or any form of financial assist12 ance under any Federal program, including participation 

13 in any federally funded or guaranteed student loan pro14 gram, shall develop and implement, not later than 1 year 

15 from the date of enactment of this section, a mental health 

16 assessment plan that, at a minimum, includes— 

17 ‘‘(1) a framework through which such college, 

18 university, or postsecondary institution will address 

19 the risks posed by students, including full-time stu20 dents and part-time students, who, as a result of ap21 parent mental illness or incompetency, pose a safety 

22 risk to themselves or others; 

23 ‘‘(2) the establishment of a team that will as24 sess the mental health needs of, and safety risks 

25 posed by, any such student, consisting of— 


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1 ‘‘(A) educators; 

2 ‘‘(B) administrators; 

3 ‘‘(C) counselors; or 

4 ‘‘(D) other qualified members of the edu5 cational community; 

6 ‘‘(3) a procedure for reporting such students to 

7 the team described in paragraph (2); 

8 ‘‘(4) a procedure for making voluntary referrals 

9 for such students to on- and off-campus mental 

10 health resources; 

11 ‘‘(5) a procedure for making involuntary refer12 rals for such students to State or local mental health 

13 authorities for mandatory evaluation, which shall in14 clude reporting such referrals to a State agency re15 sponsible for identifying persons described in section 

16 922(g)(4) of title 18, United States Code; and 

17 ‘‘(6) a procedure for informing and educating 

18 the families of students who have been identified as 

19 posing safety risks to themselves or others. 

20 ‘‘(b) INFORMATION AVAILABILITY.—Each college, 

21 university, or postsecondary institution that provides the 

22 plan described in subsection (a) shall make available to 

23 the students, faculty, and staff at such college, university, 

24 or postsecondary institution, a copy of the mental health 

25 assessment plan required under subsection (a).’’. 


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1 SEC. 104. CLARIFICATION THAT FEDERAL COURT INFOR2 MATION IS TO BE MADE AVAILABLE TO THE 

3 NATIONAL INSTANT CRIMINAL BACKGROUND 

4 CHECK SYSTEM. 

5 Section 103(e)(1) of the Brady Handgun Violence 

6 Prevention Act (18 U.S.C. 922 note), as amended by sec7 tion 102 of this Act, is amended by adding at the end 

8 the following: 

9 ‘‘(G) APPLICATION TO FEDERAL

10 COURTS.—In this paragraph— 

11 ‘‘(i) the terms ‘department or agency 

12 of the United States’ and ‘Federal depart13 ment or agency’ include a Federal court; 

14 and 

15 ‘‘(ii) for purposes of any request, sub16 mission, or notification, the Director of the 

17 Administrative Office of the United States 

18 Courts shall perform the functions of the 

19 head of the department or agency.’’. 

20 TITLE II—REQUIRING A BACK21 GROUND CHECK FOR EVERY 

22 FIREARM SALE 

23 SEC. 201. PURPOSE. 

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

25 background check procedures to all sales and transfers of 

26 firearms. 


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1 SEC. 202. FIREARMS TRANSFERS. 

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

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

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

6 unlicensed persons 

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

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

9 person who— 

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

11 and 

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

13 unlicensed transferor; and 

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

15 person who— 

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

17 and 

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

19 unlicensed transferee. 

20 ‘‘(b) RESPONSIBILITIES OF TRANSFERORS OTHER

21 THAN LICENSEES.— 

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

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


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

2 subsection (d); 

3 ‘‘(ii) through a law enforcement agency 

4 under subsection (e); 

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

7 or 

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

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

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

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

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

15 transfer a firearm to an unlicensed transferee 

16 until— 

17 ‘‘(i) the licensed dealer through which 

18 the transfer is made under subsection (d) 

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

21 ‘‘(ii) the law enforcement agency 

22 through which the transfer is made under 

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


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1 ‘‘(iii) the unlicensed transferee has 

2 presented a permit that confirms that a 

3 background check has been conducted, as 

4 described in subsection (f); and 

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

7 ‘‘(i) the licensed dealer through which 

8 the transfer is made under subsection (d) 

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

11 ‘‘(ii) the law enforcement agency 

12 through which the transfer is made under 

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

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

19 ‘‘(c) RESPONSIBILITIES OF TRANSFEREES OTHER

20 THAN LICENSEES.— 

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

22 unlicensed transferee to receive a firearm from an 

23 unlicensed transferor, unless the firearm is trans24 ferred— 


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

2 subsection (d); 

3 ‘‘(ii) through a law enforcement agency 

4 under subsection (e); 

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

7 subsection (f); or 

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

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

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

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

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

15 receive a firearm from an unlicensed transferor 

16 until— 

17 ‘‘(i) the licensed dealer through which 

18 the transfer is made under subsection (d) 

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

21 ‘‘(ii) the law enforcement agency 

22 through which the transfer is made under 

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


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1 ‘‘(iii) the unlicensed transferee has 

2 presented a permit that confirms that a 

3 background check described in subsection 

4 (f) has been conducted; and 

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

7 ‘‘(i) the licensed dealer through which 

8 the transfer is made under subsection (d) 

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

11 ‘‘(ii) the law enforcement agency 

12 through which the transfer is made under 

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

15 ‘‘(d) BACKGROUND CHECKS THROUGH LICENSED

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

17 transfer of a firearm between unlicensed transferor and 

18 an unlicensed transferee shall— 

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

20 as the Attorney General may require by regulation 

21 into a separate bound record; 

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

23 the Attorney General; 

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


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

3 under this subsection shall not be required to comply 

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

6 notify the unlicensed transferor and unlicensed 

7 transferee— 

8 ‘‘(A) of such compliance; and 

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

11 by the licensed dealer of a notification from the 

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

14 or State law; 

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

16 which the transfer occurs, submit to the Attorney 

17 General a report of the transfer, which— 

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

19 Attorney General by regulation; and 

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

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

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

24 transferor in transferring, at the same time or dur25 ing any 5 consecutive business days, 2 or more pisVerDate Mar 15 2010 21:20 May 11, 2011 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1781.IH H1781

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1 tols or revolvers, or any combination of pistols and 

2 revolvers totaling 2 or more, to the same unlicensed 

3 transferee, in addition to the reports required under 

4 paragraph (4), prepare a report of the multiple 

5 transfers, which shall— 

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

7 the Attorney General; and 

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

9 on the date on which the transfer requiring the 

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

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

13 described in subparagraph (A); and 

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

16 which the transfer occurs; and 

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

18 the permanent business records of the licensed deal19 er. 

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

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

25 a firearm shall— 


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

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

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

5 ‘‘(ii) wait the period described in 

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

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

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

10 transferee would violate section 922 or State law; 

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

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

16 the unlicensed transferee; or 

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

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

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


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

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

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

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

7 which the transfer occurs, submit to the Attorney 

8 General a report of the transfer, which— 

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

10 Attorney General by regulation; and 

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

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

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

15 unlicensed transferor in transferring, at the same 

16 time or during any 5 consecutive business days, 2 or 

17 more pistols or revolvers, or any combination of pis18 tols and revolvers totaling 2 or more, to the same 

19 unlicensed transferee, in addition to the reports re20 quired under paragraph (5), prepare a report of the 

21 multiple transfers, which shall be— 

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

23 Attorney General; and 


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

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

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

5 described in subparagraph (A); and 

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

8 which the transfer occurs; and 

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

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

11 may prescribe. 

12 ‘‘(f) PURCHASE PERMITS CONFIRMING BACKGROUND

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

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

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

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

21 may be, has verified to the unlicensed transferor 

22 that the permit or license is valid; 

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

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

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


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

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

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

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

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

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

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

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

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

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

22 children, siblings, grandparents, and grandchildren; 

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

24 because of the death of another person for whom the 


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1 unlicensed transferor is an executor or administrator 

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

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

4 in the home of the unlicensed transferee, if— 

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

7 ‘‘(B) the unlicensed transferee believes 

8 that possession of the firearm is necessary to 

9 prevent imminent death or great bodily harm to 

10 the unlicensed transferee; 

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

12 General under section 5812 of the Internal Revenue 

13 Code of 1986; or 

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

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

19 transfer is to occur to the number of square 

20 miles of land area of the State does not exceed 

21 0.0025; 

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

23 to occur is extremely remote in relation to the 

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


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

3 which the unlicensed transferor is located; or 

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

5 possession without transfer of title that takes 

6 place— 

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

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

10 purposes or to foster proficiency in firearms; 

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

13 State agency or nonprofit organization; or 

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

15 if— 

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

17 where the unlicensed transferee possesses 

18 the firearm; and 

19 ‘‘(ii) the unlicensed transferee holds 

20 any required license or permit. 

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

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

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

25 transfer processed. 


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•HR 1781 IH

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

2 construed to authorize the Attorney General to inspect 

3 records described in such subsection or to require that the 

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

5 controlled by the United States.’’. 

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

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

8 932’’ after ‘‘section 922’’. 

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

11 amended by adding at the end the following: 

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

12 SEC. 203. EFFECTIVE DATE. 

13 The amendments made by this Act shall take effect 

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

15 TITLE III—GAO STUDY 

16 SEC. 301. GAO STUDY OF THE IMPLEMENTATION OF THE 

17 NICS IMPROVEMENTS AMENDMENTS ACT OF 

18 2007. 

19 (a) STUDY.—The Comptroller General of the United 

20 States shall conduct a study to determine— 

21 (1) the effects that the NICS Improvements 

22 Amendments Act of 2007 (in this section referred to 

23 as the ‘‘NIAA’’) has had on State reporting to the 

24 national instant criminal background check system 

25 established under section 103 of the Brady Handgun 


srobinson on DSKHWCL6B1PROD with BILLS
26 

•HR 1781 IH

1 Violence Prevention Act (in this section referred to 

2 as the ‘‘NICS system’’); 

3 (2) which States are in compliance with the 

4 NIAA, and which are not; 

5 (3) any challenges or obstacles that States or 

6 local units of government face in complying with the 

7 reporting requirements of the NIAA, including chal8 lenges or obstacles States face in transmitting men9 tal health records and in providing reportable infor10 mation on unlawful drug use to the NICS system; 

11 and 

12 (4) the compliance of States with section 105 of 

13 the NIAA, including any challenges or obstacles 

14 faced by States in doing so. 

15 (b) REPORT TO THE CONGRESS.—Within 1 year after 

16 the date of the enactment of this Act, the Comptroller 

17 General shall submit to the Congress a written report that 

18 contains the results of the study required by subsection 

19 (a). 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS