I 

116TH CONGRESS 

2D SESSION H. R. 8929 

To improve the procedures of the national instant criminal background check 

system in the case of firearm transfers by federally licensed firearms 

importers, manufacturers, and dealers before the completion of the related criminal background check, and to provide for annual reports 

on default firearm transfers. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 9, 2020 

Mr. SCHNEIDER (for himself, Mr. QUIGLEY, Mr. PANETTA, and Mr. DEUTCH) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To improve the procedures of the national instant criminal 

background check system in the case of firearm transfers 

by federally licensed firearms importers, manufacturers, 

and dealers before the completion of the related criminal 

background check, and to provide for annual reports 

on default firearm transfers. 

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 ‘‘Default Proceed Sale 

5 Transparency Act’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 8929 IH

1 SEC. 2. IMPROVEMENT OF NICS PROCEDURES IN THE CASE 

2 OF DEFAULT FIREARM TRANSFERS. 

3 (a) REQUIREMENT THAT FEDERALLY LICENSED

4 FIREARM IMPORTERS, MANUFACTURERS, AND DEALERS

5 REPORT DEFAULT FIREARM TRANSFERS.— 

6 (1) IN GENERAL.—Section 922(t) of title 18, 

7 United States Code, is amended by adding at the 

8 end the following: 

9 ‘‘(7) A licensed importer, licensed manufacturer, or 

10 licensed dealer who transfers a firearm in compliance with 

11 paragraph (1), but before the national instant criminal 

12 background check system provides the licensee with a 

13 unique identification number, shall report the transfer to 

14 the Federal Bureau of Investigation within 24 hours. If 

15 a State or local law enforcement authority is conducting 

16 the related background check, the Federal Bureau of In17 vestigation shall transmit the report to that authority.’’. 

18 (2) CREATION OF ONLINE PORTAL AND TELE19 PHONE HOTLINE.—Within 180 days after the date 

20 of the enactment of this Act, the Attorney General 

21 shall create an online portal and telephone hotline, 

22 that are to be used exclusively for the purpose of re23 porting sufficient information to allow the Federal 

24 Bureau of Investigation to prioritize background 

25 checks in accordance with section 40901(j) of title 

26 34, United States Code. 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 8929 IH

1 (b) PRIORITIZATION OF NICS BACKGROUND CHECKS

2 RELATING TO DEFAULT FIREARM TRANSFERS.—Section 

3 103 of the Brady Handgun Violence Prevention Act (34 

4 U.S.C. 40901) is amended by redesignating subsections 

5 (j) and (k) as subsections (k) and (l) and inserting after 

6 subsection (i) the following: 

7 ‘‘(j) PRIORITIZATION OF BACKGROUND CHECKS RE8 LATED TO DEFAULT FIREARM TRANSFERS.—In the case 

9 of a transfer referred to in section 922(t)(7) of title 18, 

10 United States Code, the system established under this sec11 tion shall give priority to completing the background check 

12 relating to the transfer.’’. 

13 (c) PROHIBITION ON DESTRUCTION OF RECORDS

14 RELATING TO FIREARM TRANSFER BEFORE COMPLETION

15 OF BACKGROUND CHECK.—Section 103 of the Brady 

16 Handgun Violence Prevention Act (34 U.S.C. 40901), as 

17 amended by subsection (b)(1) of this section, is amended 

18 by redesignating subsections (k) and (l) as subsections (l) 

19 and (m) and inserting after subsection (j) the following: 

20 ‘‘(k) PROHIBITION ON DESTRUCTION OF RECORDS

21 RELATING TO FIREARM TRANSFER BEFORE COMPLETION

22 OF RELATED BACKGROUND CHECK.—The system estab23 lished under this section may not destroy any records of 

24 the system relating to a proposed or completed firearm 

25 transfer, before completion of the criminal background 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•HR 8929 IH

1 check with respect to the prospective or actual trans2 feree.’’. 

3 SEC. 3. ANNUAL REPORTS ON DEFAULT FIREARM TRANS4 FERS. 

5 (a) IN GENERAL.—Within 300 days after the date 

6 of the enactment of this Act and annually thereafter, the 

7 Director of the Federal Bureau of Investigation shall 

8 make accessible to the public a written report on— 

9 (1) the number of firearms transferred as de10 scribed in section 922(t)(7) of title 18, United 

11 States Code, during the period covered by the re12 port, disaggregated by State; 

13 (2) the number of the firearms described in 

14 paragraph (1) of this subsection with respect to 

15 which the national instant criminal background 

16 check system established under section 103 of the 

17 Brady Handgun Violence Prevention Act completed 

18 the background check; 

19 (3) of the number described by paragraph (2) 

20 of this subsection— 

21 (A) the number with respect to which the 

22 system provided the unique identification num23 ber under section 922(t)(1)(B)(i) of such title; 

24 and 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•HR 8929 IH

1 (B) the number with respect to which in2 formation available to the system demonstrated 

3 that receipt of a firearm by the transferee 

4 would violate subsection (g) or (n) of section 

5 922 of such title or State law; and 

6 (C) in each case described by subpara7 graph (B) of this paragraph, the reason for in8 dicating that the receipt would be a violation re9 ferred to in such subparagraph (B), including 

10 any specific prohibiting criteria that would bar 

11 the transferee from receipt of a firearm; 

12 (4) of the number described by paragraph 

13 (3)(B) of this subsection, the number of firearms 

14 that were retrieved from the transferee, and the 

15 number of firearms that were not retrieved from the 

16 transferee, with each number broken down by the 

17 field division of the Bureau of Alcohol, Tobacco, 

18 Firearms, and Explosives and the State involved; 

19 (5) in the case of the first report under this 

20 section, the number of requests for criminal back21 ground checks received by the system in the pre22 ceding 5 years the records of which were purged 

23 from the system without resolution; and 

24 (6) the number of licensed importers, licensed 

25 manufacturers, or licensed dealers who transferred 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•HR 8929 IH

1 firearms as described in section 922(t)(7) of such 

2 title during the period covered by the report, 

3 disaggregated by the State of sale. 

4 (b) IN GENERAL.—Within 300 days after the date 

5 of the enactment of this Act and annually thereafter, the 

6 Director of the Bureau of Alcohol, Tobacco, Firearms, and 

7 Explosives shall make accessible to the public a written 

8 report on— 

9 (1) the average time between receipt and recov10 ery of a firearm transferred as described in section 

11 922(t)(7) of title 18, United States Code, during the 

12 period covered by the report, where receipt by the 

13 transferee violated subsection (g) or (n) of section 

14 922 of such title or State law; 

15 (2) the number of firearms transferred as de16 scribed in such section 922(t)(7) during the period 

17 covered by the report, that were recovered as part of 

18 a criminal investigation, where receipt by the trans19 feree violated such subsection (g) or (n) or State 

20 law, disaggregated by State; and 

21 (3) of the number described by paragraph (2) 

22 of this subsection— 

23 (A) the total number of firearms that were 

24 recovered by law enforcement in States other 

25 than the State the firearm was transferred by 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•HR 8929 IH

1 a licensed importer, licensed manufacturer, or 

2 licensed dealer as described in such section 

3 922(t); and 

4 (B) the information outlined in subpara5 graph (A) of this paragraph, disaggregated 

6 by— 

7 (i) the State where the firearm was 

8 recovered; and 

9 (ii) the State where the firearm was 

10 transferred as described in such section 

11 922(t). 

12 (c) RULE OF INTERPRETATION.—A report under 

13 subsection (a) shall be considered an annual statistical re14 port and statistical aggregate data for purposes of the 

15 sixth proviso under the heading ‘‘BUREAU OF ALCOHOL, 

16 TOBACCO, FIREARMS AND EXPLOSIVES—SALARIES AND

17 EXPENSES’’ in the Department of Justice Appropriations 

18 Act, 2012 (title II of division B of Public Law 112–55). 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS