I 

116TH CONGRESS 

1ST SESSION H. R. 1671 

To provide for the reporting to State and local law enforcement authorities 

of cases in which the national instant criminal background check system 

indicates that a firearm has been sought to be acquired by a prohibited 

person, so that authorities may pursue criminal charges under State 

law, and to ensure that the Department of Justice reports to Congress 

on prosecutions secured against prohibited persons who attempt to acquire a firearm. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2019 

Mr. QUIGLEY (for himself, Mr. FITZPATRICK, Mr. DIAZ-BALART, Mr. 

SWALWELL of California, Mr. KING of New York, Mrs. LOWEY, Mr. GONZALEZ of Ohio, Miss RICE of New York, Mr. ROSE of New York, Mr. 

UPTON, Mr. SUOZZI, Mr. ENGEL, Ms. NORTON, Mr. LAMB, Mr. STIVERS, 

Ms. DEAN, Ms. WASSERMAN SCHULTZ, Mr. KATKO, and Mr. BACON) introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To provide for the reporting to State and local law enforcement authorities of cases in which the national instant 

criminal background check system indicates that a firearm has been sought to be acquired by a prohibited 

person, so that authorities may pursue criminal charges 

under State law, and to ensure that the Department 

of Justice reports to Congress on prosecutions secured 

against prohibited persons who attempt to acquire a firearm. 


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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 ‘‘NICS Denial Notifica5 tion Act of 2019’’. 

6 SEC. 2. REPORTING OF BACKGROUND CHECK DENIALS. 

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

8 States Code, is amended by inserting after section 925A 

9 the following: 

10 ‘‘§ 925B. Reporting of background check denials to 

11 State authorities 

12 ‘‘(a) IN GENERAL.—If the national instant criminal 

13 background check system established under section 103 

14 of the Brady Handgun Violence Prevention Act (18 U.S.C. 

15 922 note) provides a notice pursuant to section 922(t) of 

16 this title that the receipt of a firearm by a person would 

17 violate subsection (g) or (n) of section 922 of this title 

18 or State law, the Attorney General shall, in accordance 

19 with subsection (b) of this section— 

20 ‘‘(1) report to the law enforcement authorities 

21 of the State where the person sought to acquire the 

22 firearm and, if different, the law enforcement au23 thorities of the State of residence of the person— 

24 ‘‘(A) that the notice was provided; 


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1 ‘‘(B) of the specific provision of law that 

2 would have been violated; 

3 ‘‘(C) of the date and time the notice was 

4 provided; 

5 ‘‘(D) of the location where the firearm was 

6 sought to be acquired; and 

7 ‘‘(E) of the identity of the person; and 

8 ‘‘(2) where practicable, report the incident to 

9 local law enforcement authorities and State and local 

10 prosecutors in the jurisdiction where the firearm was 

11 sought and in the jurisdiction where the person re12 sides. 

13 ‘‘(b) REQUIREMENTS FOR REPORT.—A report is 

14 made in accordance with this subsection if the report is 

15 made within 24 hours after the provision of the notice de16 scribed in subsection (a), except that the making of the 

17 report may be delayed for so long as is necessary to avoid 

18 compromising an ongoing investigation. 

19 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in sub20 section (a) shall be construed to require a report with re21 spect to a person to be made to the same State authorities 

22 that originally issued the notice with respect to the per23 son.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for such chapter is amended by inserting after the item 

3 relating to section 925A the following: 

‘‘925B. Reporting of background check denials to State authorities.’’. 

4 SEC. 3. ANNUAL REPORT TO CONGRESS. 

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

6 States Code, as amended by section 2(a) of this Act, is 

7 amended by inserting after section 925B the following: 

8 ‘‘§ 925C. Annual report to Congress 

9 ‘‘Not later than 1 year after the date of the enact10 ment of this section, and annually thereafter, the Attorney 

11 General shall submit to the Congress a report detailing 

12 the following, broken down by Federal judicial district: 

13 ‘‘(1) With respect to each category of persons 

14 prohibited by section 922(g) from receiving or pos15 sessing a firearm who are so denied a firearm— 

16 ‘‘(A) the number of cases referred to the 

17 Bureau of Alcohol, Tobacco, Firearms, and Ex18 plosives; 

19 ‘‘(B) the number of cases with respect to 

20 which an investigation was opened by a field di21 vision of the Bureau of Alcohol, Tobacco, Fire22 arms, and Explosives; 

23 ‘‘(C) the number of arrests made; and 


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1 ‘‘(D) the number of convictions obtained 

2 by Federal authorities in connection with the 

3 denial. 

4 ‘‘(2) The number of background check notices 

5 reported to State authorities pursuant to section 

6 925B (including the number of the notices that 

7 would have been so reported but for section 

8 925B(c)).’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 for such chapter, as amended by section 2(b) of this Act, 

11 is amended by inserting after the item relating to section 

12 925B the following: 

‘‘925C. Annual report to Congress.’’. 

Æ 


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