116TH CONGRESS 

1ST SESSION H. R. 8 

AN ACT 

To 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, 
2 

•HR 8 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Bipartisan Back3 ground Checks Act of 2019’’. 

4 SEC. 2. PURPOSE. 

5 The purpose of this Act is to utilize the current back6 ground checks process in the United States to ensure indi7 viduals prohibited from gun possession are not able to ob8 tain firearms. 

9 SEC. 3. FIREARMS TRANSFERS. 

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

11 amended— 

12 (1) by striking subsection (s); 

13 (2) by redesignating subsection (t) as sub14 section (s); and 

15 (3) by inserting after subsection (s), as redesig16 nated, the following: 

17 ‘‘(t)(1)(A) It shall be unlawful for any person who 

18 is not a licensed importer, licensed manufacturer, or li19 censed dealer to transfer a firearm to any other person 

20 who is not so licensed, unless a licensed importer, licensed 

21 manufacturer, or licensed dealer has first taken possession 

22 of the firearm for the purpose of complying with sub23 section (s). 

24 ‘‘(B) Upon taking possession of a firearm under sub25 paragraph (A), a licensee shall comply with all require26 ments of this chapter as if the licensee were transferring 
3 

•HR 8 EH

1 the firearm from the inventory of the licensee to the unli2 censed transferee. 

3 ‘‘(C) If a transfer of a firearm described in subpara4 graph (A) will not be completed for any reason after a 

5 licensee takes possession of the firearm (including because 

6 the transfer of the firearm to, or receipt of the firearm 

7 by, the transferee would violate this chapter), the return 

8 of the firearm to the transferor by the licensee shall not 

9 constitute the transfer of a firearm for purposes of this 

10 chapter. 

11 ‘‘(2) Paragraph (1) shall not apply to— 

12 ‘‘(A) a law enforcement agency or any law en13 forcement officer, armed private security profes14 sional, or member of the armed forces, to the extent 

15 the officer, professional, or member is acting within 

16 the course and scope of employment and official du17 ties; 

18 ‘‘(B) a transfer that is a loan or bona fide gift 

19 between spouses, between domestic partners, be20 tween parents and their children, including step-par21 ents and their step-children, between siblings, be22 tween aunts or uncles and their nieces or nephews, 

23 or between grandparents and their grandchildren, if 

24 the transferor has no reason to believe that the 

25 transferee will use or intends to use the firearm in 
4 

•HR 8 EH

1 a crime or is prohibited from possessing firearms 

2 under State or Federal law; 

3 ‘‘(C) a transfer to an executor, administrator, 

4 trustee, or personal representative of an estate or a 

5 trust that occurs by operation of law upon the death 

6 of another person; 

7 ‘‘(D) a temporary transfer that is necessary to 

8 prevent imminent death or great bodily harm, in9 cluding harm to self, family, household members, or 

10 others, if the possession by the transferee lasts only 

11 as long as immediately necessary to prevent the im12 minent death or great bodily harm, including the 

13 harm of domestic violence, dating partner violence, 

14 sexual assault, stalking, and domestic abuse; 

15 ‘‘(E) a transfer that is approved by the Attor16 ney General under section 5812 of the Internal Rev17 enue Code of 1986; or 

18 ‘‘(F) a temporary transfer if the transferor has 

19 no reason to believe that the transferee will use or 

20 intends to use the firearm in a crime or is prohibited 

21 from possessing firearms under State or Federal 

22 law, and the transfer takes place and the trans23 feree’s possession of the firearm is exclusively— 
5 

•HR 8 EH

1 ‘‘(i) at a shooting range or in a shooting 

2 gallery or other area designated for the purpose 

3 of target shooting; 

4 ‘‘(ii) while reasonably necessary for the 

5 purposes of hunting, trapping, or fishing, if the 

6 transferor— 

7 ‘‘(I) has no reason to believe that the 

8 transferee intends to use the firearm in a 

9 place where it is illegal; and 

10 ‘‘(II) has reason to believe that the 

11 transferee will comply with all licensing 

12 and permit requirements for such hunting, 

13 trapping, or fishing; or 

14 ‘‘(iii) while in the presence of the trans15 feror. 

16 ‘‘(3)(A) Notwithstanding any other provision of this 

17 chapter, the Attorney General may implement this sub18 section with regulations. 

19 ‘‘(B) Regulations promulgated under this paragraph 

20 may not include any provision requiring licensees to facili21 tate transfers in accordance with paragraph (1). 

22 ‘‘(C) Regulations promulgated under this paragraph 

23 may not include any provision requiring persons not li24 censed under this chapter to keep records of background 

25 checks or firearms transfers. 
6 

•HR 8 EH

1 ‘‘(D) Regulations promulgated under this paragraph 

2 may not include any provision placing a cap on the fee 

3 licensees may charge to facilitate transfers in accordance 

4 with paragraph (1). 

5 ‘‘(E) Regulations promulgated under this paragraph 

6 shall include, in the case of a background check conducted 

7 by the national instant criminal background check system 

8 in response to a contact from a licensed importer, licensed 

9 manufacturer, or licensed dealer, which background check 

10 indicates that the receipt of a firearm by a person would 

11 violate subsection (g)(5), a requirement that the system 

12 notify U.S. Immigration and Customs Enforcement. 

13 ‘‘(4) It shall be unlawful for a licensed importer, li14 censed manufacturer, or licensed dealer to transfer posses15 sion of, or title to, a firearm to another person who is 

16 not so licensed unless the importer, manufacturer, or deal17 er has provided such other person with a notice of the 

18 prohibition under paragraph (1), and such other person 

19 has certified that such other person has been provided 

20 with this notice on a form prescribed by the Attorney Gen21 eral.’’. 

22 SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. 

23 (a) SECTION 922.—Section 922(y)(2) of title 18, 

24 United States Code, is amended in the matter preceding 
7 

•HR 8 EH

1 subparagraph (A) by striking ‘‘, (g)(5)(B), and 

2 (s)(3)(B)(v)(II)’’ and inserting ‘‘and (g)(5)(B)’’. 

3 (b) CONSOLIDATED AND FURTHER CONTINUING AP4 PROPRIATIONS ACT, 2012.—Section 511 of title V of divi5 sion B of the Consolidated and Further Continuing Appro6 priations Act, 2012 (18 U.S.C. 922 note) is amended by 

7 striking ‘‘subsection 922(t)’’ each place it appears and in8 serting ‘‘subsection (s) or (t) of section 922’’. 

9 SEC. 5. RULE OF CONSTRUCTION. 

10 Nothing in this Act, or any amendment made by this 

11 Act, shall be construed to— 

12 (1) authorize the establishment, directly or indi13 rectly, of a national firearms registry; or 

14 (2) interfere with the authority of a State, 

15 under section 927 of title 18, United States Code, 

16 to enact a law on the same subject matter as this 

17 Act. 

18 SEC. 6. EFFECTIVE DATE. 

19 The amendments made by this Act shall take effect 

20 210 days after the date of the enactment of this Act. 

Passed the House of Representatives February 27, 

2019. 

Attest: 

Clerk. 
116TH CONGRESS 

1ST SESSION H. R. 8 

AN ACT 

To require a background check for every firearm 

sale.