I 

116TH CONGRESS 

1ST SESSION H. R. 8 

To require a background check for every firearm sale. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2019 

Mr. THOMPSON of California (for himself, Mr. KING of New York, Mr. NADLER, Mr. FITZPATRICK, Ms. JACKSON LEE, Mr. MAST, Ms. KELLY of Illinois, Mr. UPTON, Mrs. MCBATH, and Mr. SMITH of New Jersey) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bipartisan Back5 ground Checks Act of 2019’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to utilize the current back8 ground checks process in the United States to ensure indi9 viduals prohibited from gun possession are not able to ob10 tain firearms. 


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1 SEC. 3. FIREARMS TRANSFERS. 

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

3 amended— 

4 (1) by striking subsection (s); 

5 (2) by redesignating subsection (t) as sub6 section (s); and 

7 (3) by inserting after subsection (s), as redesig8 nated, the following: 

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

10 is not a licensed importer, licensed manufacturer, or li11 censed dealer to transfer a firearm to any other person 

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

13 manufacturer, or licensed dealer has first taken possession 

14 of the firearm for the purpose of complying with sub15 section (s). 

16 ‘‘(B) Upon taking possession of a firearm under sub17 paragraph (A), a licensee shall comply with all require18 ments of this chapter as if the licensee were transferring 

19 the firearm from the inventory of the licensee to the unli20 censed transferee. 

21 ‘‘(C) If a transfer of a firearm described in subpara22 graph (A) will not be completed for any reason after a 

23 licensee takes possession of the firearm (including because 

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

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

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


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1 constitute the transfer of a firearm for purposes of this 

2 chapter. 

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

4 ‘‘(A) a law enforcement agency or any law en5 forcement officer, armed private security profes6 sional, or member of the armed forces, to the extent 

7 the officer, professional, or member is acting within 

8 the course and scope of employment and official du9 ties; 

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

11 between spouses, between domestic partners, be12 tween parents and their children, between siblings, 

13 between aunts or uncles and their nieces or nephews, 

14 or between grandparents and their grandchildren; 

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

16 trustee, or personal representative of an estate or a 

17 trust that occurs by operation of law upon the death 

18 of another person; 

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

20 prevent imminent death or great bodily harm, if the 

21 possession by the transferee lasts only as long as im22 mediately necessary to prevent the imminent death 

23 or great bodily harm; 


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1 ‘‘(E) a transfer that is approved by the Attor2 ney General under section 5812 of the Internal Rev3 enue Code of 1986; or 

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

5 no reason to believe that the transferee will use or 

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

7 from possessing firearms under State or Federal 

8 law, and the transfer takes place and the trans9 feree’s possession of the firearm is exclusively— 

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

11 gallery or other area designated for the purpose 

12 of target shooting; 

13 ‘‘(ii) while reasonably necessary for the 

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

15 transferor— 

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

17 transferee intends to use the firearm in a 

18 place where it is illegal; and 

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

20 transferee will comply with all licensing 

21 and permit requirements for such hunting, 

22 trapping, or fishing; or 

23 ‘‘(iii) while in the presence of the trans24 feror. 


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

2 chapter, the Attorney General may implement this sub3 section with regulations. 

4 ‘‘(B) Regulations promulgated under this paragraph 

5 may not include any provision requiring licensees to facili6 tate transfers in accordance with paragraph (1). 

7 ‘‘(C) Regulations promulgated under this paragraph 

8 may not include any provision requiring persons not li9 censed under this chapter to keep records of background 

10 checks or firearms transfers. 

11 ‘‘(D) Regulations promulgated under this paragraph 

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

13 licensees may charge to facilitate transfers in accordance 

14 with paragraph (1). 

15 ‘‘(4) It shall be unlawful for a licensed importer, li16 censed manufacturer, or licensed dealer to transfer posses17 sion of, or title to, a firearm to another person who is 

18 not so licensed unless the importer, manufacturer, or deal19 er has provided such other person with a notice of the 

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

21 has certified that such other person has been provided 

22 with this notice on a form prescribed by the Attorney Gen23 eral.’’. 


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1 SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. 

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

3 United States Code, is amended in the matter preceding 

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

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

6 (b) CONSOLIDATED AND FURTHER CONTINUING AP7 PROPRIATIONS ACT, 2012.—Section 511 of title V of divi8 sion B of the Consolidated and Further Continuing Appro9 priations Act, 2012 (18 U.S.C. 922 note) is amended by 

10 striking ‘‘subsection 922(t)’’ each place it appears and in11 serting ‘‘subsection (s) or (t) of section 922’’. 

12 SEC. 5. RULE OF CONSTRUCTION. 

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

14 Act, shall be construed to— 

15 (1) authorize the establishment, directly or indi16 rectly, of a national firearms registry; or 

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

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

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

20 Act. 

21 SEC. 6. EFFECTIVE DATE. 

22 The amendments made by this Act shall take effect 

23 180 days after the date of the enactment of this Act. 

Æ 


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