I 

112TH CONGRESS 

1ST SESSION H. R. 1093 

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 

MARCH 15, 2011 

Mr. KING of Iowa (for himself and Mr. ALTMIRE) 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 Act of 2011’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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


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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. Updating 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; protection of gun owners’ privacy. 

Sec. 206. Barrel and receiver importation. 

Sec. 207. Clarifications relating to manufacturing of firearms. 

1 TITLE I—BUREAU OF ALCOHOL, 

2 TOBACCO, FIREARMS, AND 

3 EXPLOSIVES MODERNIZA4 TION AND REFORM 

5 SEC. 101. GRADUATED PENALTIES FOR CIVIL VIOLATIONS 

6 BY FEDERAL FIREARMS LICENSEES. 

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

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

9 (f) and inserting the following: 

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

11 a licensee under this section has willfully violated any proVerDate Mar 15 2010 05:41 Mar 16, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1093.IH H1093

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1 vision of this chapter or any regulation prescribed under 

2 this chapter, the Attorney General may— 

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

4 ‘‘(I) for a first such violation, issue a 

5 written warning to the licensee; and 

6 ‘‘(II) for a second or subsequent such 

7 violation— 

8 ‘‘(aa) impose on the licensee a 

9 civil money penalty of not more than 

10 $500 for each such violation, with no 

11 interest to accrue on the amount of 

12 such a penalty, except that the total 

13 amount of penalties imposed on a li14 censee under this subclause— 

15 ‘‘(AA) for violations arising 

16 from a single inspection or exam17 ination shall not exceed $2,500; 

18 and 

19 ‘‘(BB) for a single calendar 

20 year shall not exceed $5,000; or 

21 ‘‘(bb) suspend the license for not 

22 more than 30 days, and specify the 

23 circumstances under which the sus24 pension is to be terminated, if, in the 

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1 fect, there have been at least 2 prior 

2 occasions on which the licensee has 

3 been determined to have violated this 

4 chapter; or 

5 ‘‘(ii) if the violation is of a serious na6 ture— 

7 ‘‘(I) impose on the licensee a civil 

8 money penalty of not more than $1,500 for 

9 each such violation, with no interest to ac10 crue on the amount of such a penalty, ex11 cept that the total amount of penalties im12 posed on a licensee under this subclause— 

13 ‘‘(aa) for a violation arising from 

14 a single inspection or examination 

15 shall not exceed $7,500; and 

16 ‘‘(bb) for a single calendar year 

17 shall not exceed $15,000; 

18 ‘‘(II) suspend the license for not more 

19 than 90 days, and specify the cir20 cumstances under which the suspension is 

21 to be terminated; 

22 ‘‘(III) revoke the license; or 

23 ‘‘(IV) take the actions described in 

24 subclauses (I) and (II), or subclauses (I) 

25 and (III). 


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

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

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

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

5 prior record of the licensee shall be considered. 

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

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

8 money penalty, and may allow the licensee to submit docu9 ments and information to establish the ability of the li10 censee to pay. The Attorney General shall not make part 

11 of any public record any document or information so sub12 mitted, and shall return to the licensee any such document 

13 or information. 

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

15 licensee under subparagraph (A) with respect to violations 

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

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

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

19 year shall not exceed $15,000. 

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

21 a provision of this chapter with respect to 2 or more fire22 arms during a single transaction shall be considered a sin23 gle violation of the provision. 

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

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


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1 on a licensee whose license is suspended under this para2 graph. 

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

4 ‘‘(i) A violation of this chapter shall be consid5 ered to be of a serious nature if the violation— 

6 ‘‘(I) results in the transfer of a firearm or 

7 ammunition to a person prohibited from pos8 sessing or receiving the firearm or ammunition 

9 under this chapter or under State or local law; 

10 ‘‘(II) obstructs a bona fide criminal in11 vestigation or prosecution, or an inspection or 

12 examination under this chapter; or 

13 ‘‘(III) prevents a licensee from complying 

14 with subsection (a)(7), (a)(8), (b)(1), (b)(3), 

15 (b)(4), (j), (k), (o), or (p) of section 922, sub16 section (g)(7) of this section, or subsection (b) 

17 or (h) of section 924. 

18 ‘‘(ii) A violation of this chapter shall be consid19 ered to be of a minor nature if the violation is not 

20 of a serious nature. 

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

22 enforcement action under subparagraph (A) with respect 

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

24 ‘‘(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. The administrative law 

25 judge shall award to the licensee a reasonable attorney’s 


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1 fee with respect to any part of the decision or determina2 tion on which the licensee prevails. 

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

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

5 or revocation until there has been a final, nonreviewable 

6 judgment with respect to the determination involved, un7 less, in the case of a suspension or revocation of a licensee, 

8 the Attorney General establishes, at a hearing before an 

9 administrative law judge, by clear and convincing evi10 dence, that the continued operation by the licensee of the 

11 business poses an immediate and grave threat to public 

12 safety. 

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

14 this subsection shall be considered final agency action for 

15 all purposes, and may be reviewed only as provided in sub16 section (f). 

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

18 the authority of the Attorney General under section 

19 922(t)(5). 

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

21 issued under subsection (d)(3) of a decision to deny a li22 cense, or a notice issued under subsection (e)(3)(C) of a 

23 determination to impose a civil money penalty or to sus24 pend or revoke a license, the party may file a petition with 

25 the United States district court for the district in which 


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

2 a de novo review of the decision or determination. 

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

4 the court shall, on application of a party, consider any evi5 dence submitted by the parties to the proceeding whether 

6 or not the evidence was considered at the hearing held 

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

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

9 willfully violate any provision of, or any regulation pre10 scribed under, this chapter, the court shall— 

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

12 and remand the matter to the Attorney General for 

13 further consideration; and 

14 ‘‘(B) award to the licensee a reasonable attor15 ney’s fee with respect to any part of the decision or 

16 determination on which the licensee prevails. 

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

18 licensee alleging any violation of this chapter or of a regu19 lation prescribed under this chapter, and the licensee is 

20 acquitted of the charges, or the proceedings are termi21 nated, other than upon motion of the Government before 

22 trial on the charges, the Attorney General shall be abso23 lutely barred from denying a license under this chapter, 

24 suspending or revoking a license granted under this chap25 ter, or imposing a civil money penalty under subsection 


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

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

3 The Attorney General may not institute a proceeding to 

4 suspend or revoke a license granted under this chapter, 

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

6 more than 1 year after the filing of the indictment or in7 formation.’’. 

8 (b) CONFORMING AMENDMENT TO PROCEDURE AP9 PLICABLE TO DENIAL OF APPLICATION FOR LICENSE.— 

10 Section 923(d) of such title is amended by adding at the 

11 end the following: 

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

13 for a license, an administrative law judge of the Depart14 ment of Justice shall, on request by the aggrieved party, 

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

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

17 the administrative law judge decides not to reverse the de18 nial, the administrative law judge shall give notice of the 

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

20 SEC. 102. CONSIDERATION OF FEDERAL FIREARMS LI21 CENSE APPLICATIONS. 

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

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

24 is amended— 


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

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

3 (2) by inserting after paragraph (1) the fol4 lowing: 

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

6 determination as to whether to approve or deny an appli7 cation submitted under subsection (a) or (b). If the pre8 liminary determination is to deny the application, the At9 torney General shall notify the applicant in writing of the 

10 preliminary determination and the reasons for the prelimi11 nary determination, and shall afford the applicant an op12 portunity to supplement the application with additional in13 formation and to request a hearing on the application. If 

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

15 the Attorney General shall hold the hearing at a location 

16 convenient to the applicant, and shall notify the applicant 

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

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

19 such title, as amended by section 101(a) of this Act, is 

20 amended by striking ‘‘(d)(3)’’ each place it appears and 

21 inserting ‘‘(d)(4)’’. 

22 SEC. 103. DEFINITION OF WILLFULLY. 

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

24 amended by section 101(a) of this Act, is amended by add25 ing at the end the following: 


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1 ‘‘(5) For purposes of this subsection, the term ‘will2 fully’ means, with respect to conduct of a person, that the 

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

4 knowingly and in intentional disregard of the duty. Repeti5 tion of a recordkeeping violation, regardless of frequency, 

6 shall not be considered evidence that the licensee com7 mitted the violation knowingly and in intentional disregard 

8 of a legal duty.’’. 

9 SEC. 104. ESTABLISHMENT OF FORMAL INSPECTION, EXAM10 INATION, AND INVESTIGATIVE GUIDELINES. 

11 (a) IN GENERAL.—The Attorney General shall estab12 lish guidelines for how the Bureau of Alcohol, Tobacco, 

13 Firearms, and Explosives is to conduct inspections, exami14 nations, or investigations of possible violations of chapters 

15 40 and 44 of title 18, United States Code. 

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

17 amount of fines imposed on licensees under chapter 40 

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

19 warnings issued, or suspensions or revocations of licenses 

20 under such chapters, be considered in the retention, pro21 motion, or transfer of any officer, agent, or employee of 

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


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1 SEC. 105. LIQUIDATION OF INVENTORY IN FEDERAL FIRE2 ARMS LICENSE EXPIRATION, SURRENDER, OR 

3 REVOCATION CASES. 

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

5 amended by adding at the end the following: 

6 ‘‘(m)(1) Except as provided in paragraph (2), a per7 son whose license issued under this chapter is expired, sur8 rendered, or revoked shall be afforded 60 days from the 

9 effective date of the expiration, surrender, or revocation 

10 to liquidate the firearms inventory of the person, which 

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

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

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

14 valid. 

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

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

17 district in which the person resides or in which the prin18 cipal place of business of the person subject to the license 

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

20 continued operation by the person of the business poses 

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

22 SEC. 106. OPPORTUNITY TO CURE VIOLATIONS AFTER AC23 QUISITION OF FIREARMS BUSINESS. 

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

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

26 at the end the following: 


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

2 business licensed under this chapter has transferred to a 

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

4 administrator, or other legal representative of a deceased 

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

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

7 or on the first inspection or examination by the Attorney 

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

9 the licensee is found to be operating the business in viola10 tion of this chapter, the Attorney General— 

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

12 by the transferor; and 

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

14 committing the violation.’’. 

15 SEC. 107. STANDARDS FOR CRIMINAL VIOLATIONS OF REC16 ORDKEEPING REQUIREMENTS. 

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

18 amended— 

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

20 ‘‘a materially false entry’’; 

21 (2) by striking ‘‘appropriate entry’’ and insert22 ing ‘‘a materially significant entry’’; and 

23 (3) by striking ‘‘properly maintain’’ and insert24 ing ‘‘retain custody of’’. 


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1 SEC. 108. EFFECTIVE DATE. 

2 This title and the amendments made by this title 

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

4 of this Act. 

5 TITLE II—FIREARMS CORREC6 TIONS AND IMPROVEMENTS 

7 SEC. 201. CORRECTION OF NONSUBSTANTIVE ERROR IN 

8 AGE LIMIT PROVISION. 

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

10 amended to read as follows: 

11 ‘‘(1) any firearm or ammunition to any indi12 vidual who the licensee knows or has reasonable 

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

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

15 or the ammunition is for a firearm other than a 

16 shotgun or rifle, to any individual who the licensee 

17 knows or has reasonable cause to believe has not at18 tained 21 years of age;’’. 

19 SEC. 202. POSSESSION AND TRANSFER OF MACHINEGUNS 

20 FOR INDUSTRY TESTING AND SECURITY CON21 TRACTING. 

22 (a) MACHINEGUNS FOR FEDERAL CONTRACTORS.— 

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

24 amended by striking ‘‘except’’ and all that follows and in25 serting ‘‘except— 


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1 ‘‘(A) as specifically authorized by the At2 torney General consistent with public safety and 

3 necessity; or 

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

5 any person and the United States which re6 quires that person to provide national security 

7 services for the United States or any training 

8 related to such services;’’. 

9 (b) SALE OR DELIVERY OF MACHINEGUNS TO FED10 ERAL CONTRACTORS.—Section 922(b) of title 18, United 

11 States Code, is amended by adding at the end the fol12 lowing: ‘‘Paragraphs (2) and (4) of this subsection shall 

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

14 between any person and the United States which requires 

15 that person to provide national security services for the 

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

17 (c) POST–86 MACHINEGUNS FOR TESTING, RE18 SEARCH AND DEVELOPMENT, TRAINING, AND SECU19 RITY.—Section 922(o) of title 18, United States Code, is 

20 amended— 

21 (1) in paragraph (2)— 

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

23 at the end; 

24 (B) by redesignating subparagraph (B) as 

25 subparagraph (F); and 


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1 (C) by inserting after subparagraph (A) 

2 the following: 

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

4 to comply with a contract between that person and 

5 the United States which requires the person to pro6 vide national security services for the United States 

7 or any training related to the services; 

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

9 manufacturer or licensed importer solely for testing, 

10 research, design, or development of ammunition or a 

11 firearm; 

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

13 or licensed importer for the purposes of training per14 sons to whom a machinegun, manufactured or im15 ported by the licensee, may be transferred as de16 scribed in subparagraph (A) or (B); 

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

18 manufacturer, licensed importer, or licensed dealer 

19 for a professional theatrical purpose if the licensee— 

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

21 National Firearms Act; 

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

23 State law to engage in business as a theatrical 

24 firearms dealer or equivalent statutory designa25 tion; 


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

2 income from the firearms business from the use 

3 of firearms by professional motion picture or 

4 television productions that are distributed to or 

5 produced for a national or international audi6 ence; 

7 ‘‘(iv) before possessing a machinegun 

8 under this subparagraph, provides the Attorney 

9 General with documentation that— 

10 ‘‘(I) the licensee meets the require11 ments of clauses (i) through (iii); and 

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

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

14 ‘‘(v) establishes that the number of ma15 chineguns sought by the licensee is reasonable 

16 for the film, production, or performance for 

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

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

19 ‘‘(3) Every 3 years, the Attorney General shall deter20 mine whether a person described in paragraph (2)(B) is 

21 prohibited by Federal or State law from possessing or re22 ceiving a firearm, based on information in the national in23 stant criminal background check system established under 

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

25 Act (Public Law 103–159; 18 U.S.C. 922 note) and the 


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1 fingerprints of the person. The Attorney General may re2 quire such a person to allow the Attorney General to ob3 tain the fingerprints of the person for this purpose.’’. 

4 (d) IMPORTATION OF MACHINEGUNS.—Section 

5 925(d) of title 18, United States Code, is amended— 

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

7 end; 

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

9 inserting ‘‘; or’’; and 

10 (3) by inserting after paragraph (4) the fol11 lowing: 

12 ‘‘(5) is imported or brought in for a purpose de13 scribed in section 922(o)(2).’’. 

14 (e) IMPORTATION UNDER THE NATIONAL FIREARMS

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

16 U.S.C. 5844) is amended— 

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

18 end; and 

19 (2) by inserting after paragraph (3) the fol20 lowing: 

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

22 in to comply with a contract between any person and 

23 the United States which requires the person to pro24 vide national security services for the United States 

25 or any training related to the services; 


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

2 in by a registered importer or registered manufac3 turer for the purpose of training persons who ac4 quire machineguns pursuant to paragraph (1) that 

5 were manufactured or imported by the registrant; or 

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

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

8 title 18, United States Code;’’. 

9 (f) NATIONAL SECURITY SERVICES DEFINED.—Sec10 tion 921(a) of title 18, United States Code, is amended 

11 by adding at the end the following: 

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

13 protective, defensive, or security services provided pursu14 ant to a contract with a department or agency of the 

15 United States. 

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

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

18 production which is expected to be produced, distributed, 

19 marketed, or shown by a member of a nationally recog20 nized professional trade association related primarily to 

21 motion picture and television production, as determined 

22 by the Attorney General.’’. 

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

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

25 the enactment of this Act. 


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1 SEC. 203. UPDATING THE BRADY HANDGUN VIOLENCE PRE2 VENTION ACT. 

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

4 amended— 

5 (1) by striking subsection (s); 

6 (2) in subsection (t)(1), by striking ‘‘Begin7 ning’’ and all that follows through ‘‘a licensed’’ and 

8 inserting ‘‘A licensed’’; and 

9 (3) in subsection (t)(5), by striking ‘‘informa10 tion was available to the system demonstrating 

11 that’’. 

12 SEC. 204. ELIMINATION OF WRITTEN PERMISSION RE13 QUIREMENT FOR SUPERVISED HANDGUN 

14 USE. 

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

16 is amended— 

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

18 inserting the following: 

19 ‘‘(II) with respect to ranching or 

20 farming activities, target practice, hunting, 

21 or a course of instruction in the safe and 

22 lawful use of a handgun, as described in 

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

24 a handgun or ammunition without the 

25 prior written consent, if the parent or legal 

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1 venile acts at the direction of a parent, 

2 legal guardian, or other adult who is not 

3 prohibited by Federal, State, or local law 

4 from possessing a firearm;’’; and 

5 (2) in clause (iii), by inserting ‘‘except as pro6 vided in clause (ii)(II),’’ after ‘‘(iii)’’. 

7 SEC. 205. MODIFICATION OF PROCEDURES FOR SHARING 

8 OF MULTIPLE HANDGUN SALES REPORTS; 

9 PROTECTION OF GUN OWNERS’ PRIVACY. 

10 (a) Section 923(g)(3)(A) of title 18, United States 

11 Code, is amended— 

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

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

14 and 

15 (2) by adding at the end the following: ‘‘On re16 quest by a State or local law enforcement agency of 

17 the jurisdiction in which the sale or other disposition 

18 took place, the Attorney General may provide the re19 port to the agency, unless the agency failed to make 

20 the certification required by subparagraph (B) for 

21 the most recent 6-month period for which the certifi22 cation is so required.’’. 

23 (b) Section 923(g)(4) of such title is amended by add24 ing at the end the following: ‘‘The Attorney General shall 

25 not electronically record information gathered pursuant to 


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1 this paragraph by name or by any personal identification 

2 code.’’. 

3 (c) Section 923(g)(5)(A) of such title is amended by 

4 striking ‘‘letter,’’ and all that follows and inserting ‘‘let5 ter— 

6 ‘‘(i) the total number of rifles, shot7 guns, pistols, revolvers and other firearms 

8 manufactured in, or exported from, the 

9 United States by the licensee; and 

10 ‘‘(ii) information identifying each per11 son to whom the licensee transferred a 

12 firearm (as defined by section 5845(a) of 

13 the National Firearms Act).’’. 

14 (d) Section 926 of such title is amended by striking 

15 all after the section heading and inserting the following: 

16 ‘‘(a) The Attorney General may prescribe only such 

17 rules and regulations as are necessary to carry out the 

18 provisions of this chapter, including— 

19 ‘‘(1) regulations providing that a person li20 censed under this chapter, when dealing with an21 other person so licensed, shall provide such other li22 censed person a certified copy of this license; 

23 ‘‘(2) regulations providing for the issuance, at 

24 a reasonable cost, to a person licensed under this 

25 chapter, of certified copies of his license for use as 


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1 provided under regulations issued under paragraph 

2 (1) of this subsection; and 

3 ‘‘(3) regulations providing for effective receipt 

4 and secure storage of firearms relinquished by or 

5 seized from persons described in subsection (d)(8) or 

6 (g)(8) of section 922. 

7 ‘‘(b) No such rule or regulation, nor any other admin8 istrative action pursuant to the provisions of this chapter, 

9 may require that records required to be maintained under 

10 this chapter or any portion of the contents of such records, 

11 be recorded at or transferred to a facility owned, managed, 

12 or controlled by the United States or any State or any 

13 political subdivision thereof, except records or portions of 

14 records— 

15 ‘‘(1) obtained in the course of a bona fide 

16 criminal investigation; 

17 ‘‘(2) required for use in an administrative pro18 ceeding, or review of a proceeding, under this chap19 ter; or 

20 ‘‘(3) expressly required to be reported under 

21 this chapter. 

22 ‘‘(c) No such rule or regulation, nor any other admin23 istrative action pursuant to the provisions of this chapter, 

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1 actions or dispositions. Nothing in this section expands or 

2 restricts the Attorney General’s authority to inquire into 

3 the disposition of any firearm in the course of a criminal 

4 investigation. 

5 ‘‘(d) The Attorney General shall give not less than 

6 ninety days public notice, and shall afford interested par7 ties opportunity for hearing, before prescribing such rules 

8 and regulations. 

9 ‘‘(e) The Attorney General shall not prescribe rules 

10 or regulations that require purchasers of black powder 

11 under the exemption provided in section 845(a)(5) to com12 plete affidavits or forms attesting to that exemption.’’. 

13 SEC. 206. BARREL AND RECEIVER IMPORTATION. 

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

15 States Code, is amended— 

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

17 inserting a period; and 

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

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

20 for firearms other than handguns, if the importation 

21 is for repair or replacement purposes.’’. 

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

23 such title is amended by inserting ‘‘, barrel,’’ after ‘‘or 

24 importation of any firearm’’. 


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1 SEC. 207. CLARIFICATIONS RELATING TO MANUFACTURING 

2 OF FIREARMS. 

3 (a) CLARIFICATION OF DEFINITION OF MANUFAC4 TURING.—Section 921(a)(10) of title 18, United States 

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

6 term ‘manufacturing’ shall not include repairing firearms, 

7 making or fitting special barrels, stocks, trigger mecha8 nisms, or other parts to firearms, or engraving or other9 wise altering the appearance of firearms.’’. 

10 (b) CLARIFICATION OF DEFINITION OF DEALER.— 

11 Section 921(a)(11)(B) of such title is amended by striking 

12 ‘‘or trigger mechanisms to firearms’’ and inserting ‘‘trig13 ger mechanisms, or other parts to firearms, or engraving 

14 or otherwise altering the appearance of firearms’’. 

Æ 


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