II 

112TH CONGRESS 

1ST SESSION S. 436 

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 SENATE OF THE UNITED STATES 

MARCH 2, 2011 

Mr. SCHUMER (for himself and Mrs. GILLIBRAND) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Fix Gun Checks Act of 2011’’. 

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

7 this Act is as follows: 


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Sec. 1. Short title and 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 of the definition of drug abusers and drug addicts who 

are prohibited from possessing firearms. 

TITLE II—REQUIRING A BACKGROUND CHECK FOR EVERY 

FIREARM SALE 

Sec. 201. Purpose. 

Sec. 202. Firearms transfers. 

Sec. 203. Effective date. 

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 Section 104(b) of the NICS Improvement Amend13 ments Act of 2007 (18 U.S.C. 922 note) is amended to 

14 read as follows: 

15 ‘‘(b) PENALTIES.— 


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1 ‘‘(1) DISCRETIONARY REDUCTION.—For each of 

2 fiscal years 2011 and 2012, the Attorney General 

3 may withhold not more than 3 percent of the 

4 amount that would otherwise be allocated to a State 

5 under section 505 of the Omnibus Crime Control 

6 and Safe Streets Act of 1968 (42 U.S.C. 3755) if 

7 the State provides less than 50 percent of the 

8 records required to be provided under sections 102 

9 and 103. 

10 ‘‘(2) MANDATORY REDUCTION.— 

11 ‘‘(A) FISCAL YEARS 2013 TO 2017.—For 

12 each of fiscal years 2013 through 2017, the At13 torney General shall withhold 15 percent of the 

14 amount that would otherwise be allocated to a 

15 State under section 505 of the Omnibus Crime 

16 Control and Safe Streets Act of 1968 (42 

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

18 percent of the records required to be provided 

19 under sections 102 and 103. 

20 ‘‘(B) SUBSEQUENT YEARS.—During fiscal 

21 year 2018, and each fiscal year thereafter, the 

22 Attorney General shall withhold 25 percent of 

23 the amount that would otherwise be allocated to 

24 a State under section 505 of the Omnibus 

25 Crime Control and Safe Streets Act of 1968 


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1 (42 U.S.C. 3755), if the State provides less 

2 than 90 percent of the records required to be 

3 provided under sections 102 and 103. 

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

5 State provides substantial evidence, as determined 

6 by the Attorney General, that the State is making 

7 a reasonable effort to comply with the requirements 

8 of sections 102 and 103, including an inability to 

9 comply due to court order or other legal restriction, 

10 the Attorney General may reduce the percentage of 

11 the amount that would otherwise be allocated to a 

12 State under section 505 of the Omnibus Crime Con13 trol and Safe Streets Act of 1968 (42 U.S.C. 3755) 

14 withheld— 

15 ‘‘(A) under paragraph (2)(A) to be not less 

16 than 5 percent; and 

17 ‘‘(B) under paragraph (2)(B) to be not 

18 less than 15 percent. 

19 ‘‘(4) TRANSFER OF WITHHELD FUNDS.—Any 

20 funds withheld by the Attorney General under this 

21 subsection shall be transferred to the appropriations 

22 account appropriated under the heading ‘STATE AND

23 LOCAL LAW ENFORCEMENT ASSISTANCE’ under the 

24 heading ‘OFFICE OF JUSTICE PROGRAMS’ under the 

25 heading ‘DEPARTMENT OF JUSTICE’. 


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1 ‘‘(5) SENSE OF CONGRESS.—It is the sense of 

2 Congress that any funds transferred under para3 graph (4) should be used to carry out the activities 

4 described in the NICS Improvement Amendments 

5 Act of 2007 (18 U.S.C. 922 note).’’. 

6 SEC. 102. REQUIREMENT THAT FEDERAL AGENCIES CER7 TIFY THAT THEY HAVE SUBMITTED TO THE 

8 NATIONAL INSTANT CRIMINAL BACKGROUND 

9 CHECK SYSTEM ALL RECORDS IDENTIFYING 

10 PERSONS PROHIBITED FROM PURCHASING 

11 FIREARMS UNDER FEDERAL LAW. 

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

13 Prevention Act (18 U.S.C. 922 note) is amended by add14 ing at the end the following: 

15 ‘‘(F) SEMIANNUAL CERTIFICATION AND

16 REPORTING.— 

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

18 Federal department or agency shall submit 

19 to the Attorney General a written certifi20 cation indicating whether the department 

21 or agency has provided to the Attorney 

22 General the pertinent information con23 tained in any record of any person that the 

24 department or agency was in possession of 

25 during the time period addressed by the 


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1 report demonstrating that the person falls 

2 within a category described in subsection 

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

4 States Code. 

5 ‘‘(ii) SUBMISSION DATES.—The head 

6 of a Federal department or agency shall 

7 submit a certification under clause (i)— 

8 ‘‘(I) not later than July 31 of 

9 each year, which shall address any 

10 record the department or agency was 

11 in possession of during the period be12 ginning on January 1 of the year and 

13 ending on June 30 of the year; and 

14 ‘‘(II) not later than January 31 

15 of each year, which shall address any 

16 record the department or agency was 

17 in possession of during the period be18 ginning on July 1 of the previous year 

19 and ending on December 31 of the 

20 previous year. 

21 ‘‘(iii) CONTENTS.—A certification re22 quired under clause (i) shall state, for the 

23 applicable period— 

24 ‘‘(I) the number of records of the 

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1 onstrating that a person fell within 

2 each of the categories described in 

3 section 922(g) of title 18, United 

4 States Code; 

5 ‘‘(II) the number of records of 

6 the Federal department or agency 

7 demonstrating that a person fell with8 in the category described in section 

9 922(n) of title 18, United States 

10 Code; and 

11 ‘‘(III) for each category of 

12 records described in subclauses (I) 

13 and (II), the total number of records 

14 of the Federal department or agency 

15 that have been provided to the Attor16 ney General.’’. 

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

18 HEALTH ASSESSMENT PLAN. 

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

20 States Code, is amended by adding at the end the fol21 lowing: 

22 ‘‘(36) The term ‘adjudicated as a mental defec23 tive’ includes an order by a court, board, commis24 sion, or other lawful authority that a person, in re25 sponse to marked subnormal intelligence, mental illVerDate Mar 15 2010 01:30 Mar 03, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S436.IS S436

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1 ness or incompetency, be compelled to receive serv2 ices— 

3 ‘‘(A) including counseling, medication, or 

4 testing to determine compliance with prescribed 

5 medications; and 

6 ‘‘(B) not including testing for use of alco7 hol or for abuse of any controlled substance or 

8 other drug.’’. 

9 (b) MENTAL HEALTH ASSESSMENT PLAN FOR INSTI10 TUTIONS OF HIGHER EDUCATION.—Part B of title I of 

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

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

13 ‘‘SEC. 124. MENTAL HEALTH ASSESSMENT PLAN FOR INSTI14 TUTIONS OF HIGHER EDUCATION. 

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

16 university, or postsecondary institution that receives Fed17 eral funds under this Act or any form of financial assist18 ance under any Federal program, including participation 

19 in any federally funded or guaranteed student loan pro20 gram, shall develop and implement, not later than 1 year 

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

22 assessment plan that, at a minimum, includes— 

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

24 university, or postsecondary institution will address 

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1 dents and part-time students, who, as a result of ap2 parent mental illness or incompetency, pose a safety 

3 risk to themselves or others; 

4 ‘‘(2) the establishment of a team that will as5 sess the mental health needs of, and safety risks 

6 posed by, any such student, consisting of— 

7 ‘‘(A) educators; 

8 ‘‘(B) administrators; 

9 ‘‘(C) counselors; or 

10 ‘‘(D) other qualified members of the edu11 cational community; 

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

13 the team described in paragraph (2); 

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

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

16 health resources; 

17 ‘‘(5) a procedure for making involuntary refer18 rals for such students to State or local mental health 

19 authorities for mandatory evaluation, which shall in20 clude reporting such referrals to a State agency re21 sponsible for identifying persons described in section 

22 922(g)(4) of title 18, United States Code; and 

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

24 the families of students who have been identified as 

25 posing safety risks to themselves or others. 


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

2 university, or postsecondary institution that provides the 

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

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

5 or postsecondary institution, a copy of the mental health 

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

7 SEC. 104. CLARIFICATION OF THE DEFINITION OF DRUG 

8 ABUSERS AND DRUG ADDICTS WHO ARE PRO9 HIBITED FROM POSSESSING FIREARMS. 

10 (a) INFERENCES OF ABUSE.—Section 921 of title 18, 

11 United States Code, is amended by adding at the end the 

12 following: 

13 ‘‘(c) UNLAWFUL USER OF ANY CONTROLLED SUB14 STANCE.— 

15 ‘‘(1) IN GENERAL.—An inference that a person 

16 is an unlawful user of a controlled substance (as de17 fined in section 102 of the Controlled Substances 

18 Act (21 U.S.C. 802)) may be drawn based on— 

19 ‘‘(A) a conviction for the use or possession 

20 of a controlled substance within the past 5 

21 years; 

22 ‘‘(B) an arrest for the use or possession of 

23 a controlled substance within the past 5 years; 

24 ‘‘(C) an arrest for the possession of drug 

25 paraphernalia within the past 5 years, if testing 


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1 has demonstrated the paraphernalia contained 

2 traces of a controlled substance; 

3 ‘‘(D) a drug test administered within the 

4 past 5 years demonstrating that the person had 

5 used a controlled substance unlawfully; or 

6 ‘‘(E) an admission to using or possessing 

7 a controlled substance unlawfully within the 

8 past 5 years. 

9 ‘‘(2) MEMBERS OF ARMED FORCES.—For a cur10 rent or former member of the Armed Forces, an in11 ference that a person is an unlawful user of a con12 trolled substance may be drawn based on discipli13 nary or other administrative action within the past 

14 5 years based on confirmed use of a controlled sub15 stance, including a court-martial conviction, non16 judicial punishment, or an administrative discharge 

17 based on use of a controlled substance or drug reha18 bilitation failure.’’. 

19 (b) APPLICATION TO FEDERAL COURTS.—Section 

20 103(e)(1) of the Brady Handgun Violence Prevention Act 

21 (18 U.S.C. 922 note), as amended by this section 102, 

22 is amended— 

23 (1) in subparagraph (C), by inserting ‘‘(includ24 ing any record of a Federal court of any person orVerDate Mar 15 2010 23:42 Mar 02, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S436.IS S436

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1 dered into a diversion program as described in sec2 tion 921(a)(37))’’ after ‘‘any person’’; and 

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

4 ‘‘(G) APPLICATION TO FEDERAL

5 COURTS.—In this paragraph— 

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

7 of the United States’ and ‘Federal depart8 ment or agency’ include a Federal court; 

9 and 

10 ‘‘(ii) for purposes of any request, sub11 mission, or notification, the Director of the 

12 Administrative Office of the United States 

13 Courts shall perform the functions of the 

14 head of the department or agency.’’. 

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

16 States Code, as amended by section 103(a), is amended 

17 by adding at the end the following: 

18 ‘‘(37) The term ‘addicted to any controlled sub19 stance’ includes a person ordered by a court into a 

20 diversion program designed for abusers of or addicts 

21 to controlled substances as part of a criminal or ju22 venile delinquency proceeding, regardless of whether 

23 the person was convicted, whether the court made a 

24 finding of guilt, or whether the program accepts parVerDate Mar 15 2010 23:42 Mar 02, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S436.IS S436

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1 ticipants who are abusers of or addicted to sub2 stances other than controlled substances.’’. 

3 (d) CONFORMING AMENDMENT TO NICS IMPROVE4 MENT AMENDMENTS ACT.—Section 102(b)(1)(C)(iii) of 

5 the NICS Improvement Amendments Act of 2007 (18 

6 U.S.C. 922 note) is amended by striking ‘‘(as such’’ and 

7 all that follows through ‘‘adjudications,’’. 

8 TITLE II—REQUIRING A BACK9 GROUND CHECK FOR EVERY 

10 FIREARM SALE 

11 SEC. 201. PURPOSE. 

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

13 background check procedures to all sales and transfers of 

14 firearms. 

15 SEC. 202. FIREARMS TRANSFERS. 

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

17 States Code, is amended by adding at the end the fol18 lowing: 

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

20 unlicensed persons 

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

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

23 person who— 

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

25 and 


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1 ‘‘(B) desires to received a firearm from an 

2 unlicensed transferor; and 

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

4 person who— 

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

6 and 

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

8 unlicensed transferee. 

9 ‘‘(b) RESPONSIBILITIES OF TRANSFERORS OTHER

10 THAN LICENSEES.— 

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

12 unlicensed transferor to transfer a firearm to an un13 licensed transferee, unless the firearm is trans14 ferred— 

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

16 subsection (d); 

17 ‘‘(ii) through a law enforcement agency 

18 under subsection (e); 

19 ‘‘(iii) after inspecting a permit that con20 firms a background check under subsection (f); 

21 or 

22 ‘‘(iv) in accordance with an exception de23 scribed in subsection (g); and 

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


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

2 as provided in subsection (g), an unlicensed trans3 feror— 

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

5 transfer a firearm to an unlicensed transferee 

6 until— 

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)(A); 

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)(A); or 

15 ‘‘(iii) the unlicensed transferee has 

16 presented a permit that confirms that a 

17 background check has been conducted, as 

18 described in subsection (f); and 

19 ‘‘(B) may not transfer a firearm to an un20 licensed transferee if— 

21 ‘‘(i) the licensed dealer through which 

22 the transfer is made under subsection (d) 

23 makes the notification described in sub24 section (d)(3)(B); or 


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1 ‘‘(ii) the law enforcement agency 

2 through which the transfer is made under 

3 subsection (e) makes the notification de4 scribed in subsection (e)(3)(B). 

5 ‘‘(3) ABSENCE OF RECORDKEEPING REQUIRE6 MENTS.—Nothing in this section shall permit or au7 thorize the Attorney General to impose record8 keeping requirements on any unlicensed transferor. 

9 ‘‘(c) RESPONSIBILITIES OF TRANSFEREES OTHER

10 THAN LICENSEES.— 

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

12 unlicensed transferee to receive a firearm from an 

13 unlicensed transferor, unless the firearm is trans14 ferred— 

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

16 subsection (d); 

17 ‘‘(ii) through a law enforcement agency 

18 under subsection (e); 

19 ‘‘(iii) after inspecting a permit that con20 firms a background check in accordance with 

21 subsection (f); or 

22 ‘‘(iv) in accordance with an exception de23 scribed in subsection (g); and 

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


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

2 as provided in subsection (g), an unlicensed trans3 feree— 

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

5 receive a firearm from an unlicensed transferor 

6 until— 

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)(A); 

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)(A); or 

15 ‘‘(iii) the unlicensed transferee has 

16 presented a permit that confirms that a 

17 background check described in subsection 

18 (f) has been conducted; and 

19 ‘‘(B) may not receive a firearm from an20 other unlicensed transferor if— 

21 ‘‘(i) the licensed dealer through which 

22 the transfer is made under subsection (d) 

23 makes a notification described in sub24 section (d)(3)(B); or 


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1 ‘‘(ii) the law enforcement agency 

2 through which the transfer is made under 

3 subsection (e) makes a notification de4 scribed in subsection (e)(4)(B). 

5 ‘‘(d) BACKGROUND CHECKS THROUGH LICENSED

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

7 transfer of a firearm between unlicensed transferor and 

8 an unlicensed transferee shall— 

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

10 as the Attorney General may require by regulation 

11 into a separate bound record; 

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

13 the Attorney General; 

14 ‘‘(3) comply with section 922(t) as if transfer15 ring the firearm from the inventory of the licensed 

16 dealer to the unlicensed transferee (except that a li17 censed dealer assisting in the transfer of a firearm 

18 under this subsection shall not be required to comply 

19 again with the requirements of section 922(t) in de20 livering the firearm to the unlicensed transferee) and 

21 notify the unlicensed transferor and unlicensed 

22 transferee— 

23 ‘‘(A) of such compliance; and 

24 ‘‘(B) if the transfer is subject to the re25 quirements of section 922(t)(1), of any receipt 


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1 by the licensed dealer of a notification from the 

2 national instant criminal background check sys3 tem that the transfer would violate section 922 

4 or State law; 

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

6 which the transfer occurs, submit to the Attorney 

7 General a report of the transfer, which— 

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

9 Attorney General by regulation; and 

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

11 identifying information relating to the unli12 censed transferor or unlicensed transferee; 

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

14 transferor in transferring, at the same time or dur15 ing any 5 consecutive business days, 2 or more pis16 tols or revolvers, or any combination of pistols and 

17 revolvers totaling 2 or more, to the same unlicensed 

18 transferee, in addition to the reports required under 

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

20 transfers, which shall— 

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

22 the Attorney General; and 

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

24 on the date on which the transfer requiring the 


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1 report under this paragraph occurs, be sub2 mitted to— 

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

4 described in subparagraph (A); and 

5 ‘‘(ii) the appropriate State law en6 forcement agency of the jurisdiction in 

7 which the transfer occurs; and 

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

9 the permanent business records of the licensed deal10 er. 

11 ‘‘(e) BACKGROUND CHECKS THROUGH LAW EN12 FORCEMENT AGENCIES.—A State or local law enforce13 ment agency that agrees to assist an unlicensed transferor 

14 in carrying out the responsibilities of the unlicensed trans15 feror under subsection (b) with respect to the transfer of 

16 a firearm shall— 

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

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

19 ‘‘(B)(i) receive an identification number as de20 scribed in section 922(t)(1)(B)(i); or 

21 ‘‘(ii) wait the period described in 

22 922(t)(1)(B)(ii); 

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

24 considers appropriate to determine whether the reVerDate Mar 15 2010 23:42 Mar 02, 2011 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S436.IS S436

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1 ceipt or possession of the firearm by the unlicensed 

2 transferee would violate section 922 or State law; 

3 ‘‘(3) verify the identity of the unlicensed trans4 feree by— 

5 ‘‘(A) examining a valid identification docu6 ment (as defined in section 1028(d)) of the un7 licensed transferee containing a photograph of 

8 the unlicensed transferee; or 

9 ‘‘(B) confirming that the unlicensed trans10 feror has examined a valid identification docu11 ment described in subparagraph (A); 

12 ‘‘(4) notify the unlicensed transferor and trans13 feree— 

14 ‘‘(A) of the compliance by the law enforce15 ment agency with the requirements under para16 graphs (1), (2), and (3); and 

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

18 agency of a notification from the national in19 stant criminal background check system or 

20 other information that the transfer would vio21 late section 922 or would violate State law; 

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

23 which the transfer occurs, submit to the Attorney 

24 General a report of the transfer, which— 


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

2 Attorney General by regulation; and 

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

4 identifying information relating to the unli5 censed transferor or unlicensed transferee; 

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

7 unlicensed transferor in transferring, at the same 

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

9 more pistols or revolvers, or any combination of pis10 tols and revolvers totaling 2 or more, to the same 

11 unlicensed transferee, in addition to the reports re12 quired under paragraph (5), prepare a report of the 

13 multiple transfers, which shall be— 

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

15 Attorney General; and 

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

17 requiring the report under this paragraph oc18 curs, submitted to— 

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

20 described in subparagraph (A); and 

21 ‘‘(ii) the appropriate State law en22 forcement agency of the jurisdiction in 

23 which the transfer occurs; and 


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

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

3 may prescribe. 

4 ‘‘(f) PURCHASE PERMITS CONFIRMING BACKGROUND

5 CHECKS.—An unlicensed transferor may transfer a fire6 arm to an unlicensed transferee if the unlicensed trans7 feror verifies that— 

8 ‘‘(1) the unlicensed transferee has presented a 

9 valid permit or license that allows the unlicensed 

10 transferee to possess, acquire, or carry a firearm; 

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

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

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

14 enforcement agency in the State in which the trans15 fer is to take place; 

16 ‘‘(3) the law of the State provides that the per17 mit or license is to be issued only after a law en18 forcement official has verified that neither the na19 tional instant criminal background check system nor 

20 other information indicates that possession of a fire21 arm by the unlicensed transferee would be in viola22 tion of Federal, State, or local law; and 

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

24 photograph of the unlicensed transferee, the unli25 censed transferor has examined a valid identification 


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1 document (as defined in section 1028(d)) of the unli2 censed transferee containing a photograph of the un3 licensed transferee. 

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

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

6 to any transfer of a firearm between an unlicensed trans7 feror and unlicensed transferee, if— 

8 ‘‘(1) the transfer is a bona fide gift between im9 mediate family members, including spouses, parents, 

10 children, siblings, grandparents, and grandchildren; 

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

12 because of the death of another person for whom the 

13 unlicensed transferor is an executor or administrator 

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

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

16 in the home of the unlicensed transferee, if— 

17 ‘‘(A) the unlicensed transferee is not other18 wise prohibited from possessing firearms; and 

19 ‘‘(B) the unlicensed transferee believes 

20 that possession of the firearm is necessary to 

21 prevent imminent death or great bodily harm to 

22 the unlicensed transferee; 

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

24 General under section 5812 of the Internal Revenue 

25 Code of 1986; or 


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1 ‘‘(5) upon application of the unlicensed trans2 feror, the Attorney General determined that compli3 ance with subsection (b) is impracticable because— 

4 ‘‘(A) the ratio of the number of law en5 forcement officers of the State in which the 

6 transfer is to occur to the number of square 

7 miles of land area of the State does not exceed 

8 0.0025; 

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

10 to occur is extremely remote in relation to the 

11 chief law enforcement officer (as defined in sec12 tion 922(s)(8)); and 

13 ‘‘(C) there is an absence of telecommuni14 cations facilities in the geographical area in 

15 which the unlicensed transferor is located; or 

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

17 possession without transfer of title that takes 

18 place— 

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

20 premises owned or occupied by a duly incor21 porated organization organized for conservation 

22 purposes or to foster proficiency in firearms; 

23 ‘‘(B) at a target firearm shooting competi24 tion under the auspices of or approved by a 

25 State agency or nonprofit organization; or 


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

2 if— 

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

4 where the unlicensed transferee possesses 

5 the firearm; and 

6 ‘‘(ii) the unlicensed transferee holds 

7 any required license or permit. 

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

9 enforcement agency that processes the transfer of a fire10 arm under this section may assess and collect a fee, in 

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

12 transfer processed. 

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

14 construed to authorize the Attorney General to inspect 

15 records described in such subsection or to require that the 

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

17 controlled by the United States.’’. 

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

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

20 932’’ after ‘‘section 922’’. 

21 (c) CONFORMING AMENDMENT.—The table of sec22 tions for chapter 44 of title 18, United States Code, is 

23 amended by adding at the end the following: 

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


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1 SEC. 203. EFFECTIVE DATE. 

2 The amendments made by this Act shall take effect 

3 180 days after the date of enactment of this Act. 

Æ 


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