I 

113TH CONGRESS 

1ST SESSION H. R. 137 

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 HOUSE OF REPRESENTATIVES 

JANUARY 3, 2013 

Mrs. MCCARTHY of New York introduced the following bill; which was 

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 2013’’. 

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

7 this Act is as follows: 


jbell on DSK7SPTVN1PROD with 
2 

•HR 137 IH

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 (a) IN GENERAL.—Section 104(b) of the NICS Im13 provement Amendments Act of 2007 (18 U.S.C. 922 note) 

14 is amended to read as follows: 

15 ‘‘(b) PENALTIES.— 


jbell on DSK7SPTVN1PROD with 
3 

•HR 137 IH

1 ‘‘(1) DISCRETIONARY REDUCTION.—During the 

2 2-year period beginning 3 years after January 8, 

3 2008, the Attorney General may withhold not more 

4 than 3 percent of the amount that would otherwise 

5 be allocated to a State under section 505 of the Om6 nibus Crime Control and Safe Streets Act of 1968 

7 (42 U.S.C. 3755) if the State provides less than 50 

8 percent of the records required to be provided under 

9 sections 102 and 103. 

10 ‘‘(2) MANDATORY REDUCTIONS.— 

11 ‘‘(A) During the 2-year period after the ex12 piration of the period referred to in paragraph 

13 (1), the Attorney General shall withhold 4 per14 cent of the amount that would otherwise be al15 located to a State under section 505 of the Om16 nibus Crime Control and Safe Streets Act of 

17 1968 (42 U.S.C. 3755) if the State provides 

18 less than 70 percent of the records required to 

19 be provided under sections 102 and 103. 

20 ‘‘(B) After the expiration of the period re21 ferred to in subparagraph (A), the Attorney 

22 General shall withhold 5 percent of the amount 

23 that would otherwise be allocated to a State 

24 under section 505 of the Omnibus Crime Con25 trol and Safe Streets Act of 1968 (42 U.S.C. 


jbell on DSK7SPTVN1PROD with 
4 

•HR 137 IH

1 3755), if the State provides less than 90 per2 cent of the records required to be provided 

3 under sections 102 and 103.’’. 

4 (b) REPORTING OF STATE COMPLIANCE.—Not later 

5 than 1 year after the date of enactment of this Act, and 

6 every year thereafter, the Attorney General shall publish, 

7 and make available on a publicly accessible website, a re8 port that ranks the States by the ratio of number of 

9 records submitted by each State under sections 102 and 

10 103 of the NICS Improvement Amendments Act of 2007 

11 (18 U.S.C. 922 note) to the estimated total number of 

12 available records of the State. 

13 SEC. 102. REQUIREMENT THAT FEDERAL AGENCIES CER14 TIFY THAT THEY HAVE SUBMITTED TO THE 

15 NATIONAL INSTANT CRIMINAL BACKGROUND 

16 CHECK SYSTEM ALL RECORDS IDENTIFYING 

17 PERSONS PROHIBITED FROM PURCHASING 

18 FIREARMS UNDER FEDERAL LAW. 

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

20 Prevention Act (18 U.S.C. 922 note) is amended by add21 ing at the end the following: 

22 ‘‘(F) SEMIANNUAL CERTIFICATION AND

23 REPORTING.— 

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

25 Federal department or agency shall submit 


jbell on DSK7SPTVN1PROD with 
5 

•HR 137 IH

1 to the Attorney General a written certifi2 cation indicating whether the department 

3 or agency has provided to the Attorney 

4 General the pertinent information con5 tained in any record of any person that the 

6 department or agency was in possession of 

7 during the time period addressed by the 

8 report demonstrating that the person falls 

9 within a category described in subsection 

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

11 States Code. 

12 ‘‘(ii) SUBMISSION DATES.—The head 

13 of a Federal department or agency shall 

14 submit a certification under clause (i)— 

15 ‘‘(I) not later than July 31 of 

16 each year, which shall address any 

17 record the department or agency was 

18 in possession of during the period be19 ginning on January 1 of the year and 

20 ending on June 30 of the year; and 

21 ‘‘(II) not later than January 31 

22 of each year, which shall address any 

23 record the department or agency was 

24 in possession of during the period be25 ginning on July 1 of the previous year 


jbell on DSK7SPTVN1PROD with 
6 

•HR 137 IH

1 and ending on December 31 of the 

2 previous year. 

3 ‘‘(iii) CONTENTS.—A certification re4 quired under clause (i) shall state, for the 

5 applicable period— 

6 ‘‘(I) the number of records of the 

7 Federal department or agency dem8 onstrating that a person fell within 

9 each of the categories described in 

10 section 922(g) of title 18, United 

11 States Code; 

12 ‘‘(II) the number of records of 

13 the Federal department or agency 

14 demonstrating that a person fell with15 in the category described in section 

16 922(n) of title 18, United States 

17 Code; and 

18 ‘‘(III) for each category of 

19 records described in subclauses (I) 

20 and (II), the total number of records 

21 of the Federal department or agency 

22 that have been provided to the Attor23 ney General.’’. 


jbell on DSK7SPTVN1PROD with 
7 

•HR 137 IH

1 SEC. 103. ADJUDICATED AS A MENTAL DEFECTIVE. 

2 (a) IN GENERAL.—Section 921(a) of title 18, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘(36) The term ‘adjudicated as a mental defec6 tive’ shall— 

7 ‘‘(A) have the meaning given the term in 

8 section 478.11 of title 27, Code of Federal Reg9 ulations, or any successor thereto; and 

10 ‘‘(B) include an order by a court, board, 

11 commission, or other lawful authority that a 

12 person, in response to mental illness, incom13 petency, or marked subnormal intelligence, be 

14 compelled to receive services— 

15 ‘‘(i) including counseling, medication, 

16 or testing to determine compliance with 

17 prescribed medications; and 

18 ‘‘(ii) not including testing for use of 

19 alcohol or for abuse of any controlled sub20 stance or other drug. 

21 ‘‘(37) The term ‘committed to a mental institu22 tion’ shall have the meaning given the term in sec23 tion 478.11 of title 27, Code of Federal Regulations, 

24 or any successor thereto.’’. 

25 (b) LIMITATION.—An individual who has been adju26 dicated as a mental defective before the effective date deVerDate Mar 15 2010 03:17 Jan 10, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H137.IH H137

jbell on DSK7SPTVN1PROD with 
8 

•HR 137 IH

1 scribed in section 203 may not apply for relief from dis2 ability under section 101(c)(2) of the NICS Improvement 

3 Amendments Act of 2007 (18 U.S.C. 922 note) on the 

4 basis that the individual does not meet the requirements 

5 in section 921(a)(36) of title 18, United States Code, as 

6 added by subsection (a). 

7 (c) NICS IMPROVEMENT AMENDMENTS ACT OF

8 2007.—Section 3 of the NICS Improvement Amendments 

9 Act of 2007 (18 U.S.C. 922 note) is amended by striking 

10 paragraph (2) and inserting the following: 

11 ‘‘(2) MENTAL HEALTH TERMS.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subparagraph (B), the terms ‘adjudicated as a 

14 mental defective’ and ‘committed to a mental 

15 institution’ shall have the meaning given the 

16 terms in section 921(a) of title 18, United 

17 States Code. 

18 ‘‘(B) EXCEPTION.—For purposes of sec19 tions 102 and 103, the terms ‘adjudicated as a 

20 mental defective’ and ‘committed to a mental 

21 institution’ shall have the same meanings as on 

22 the day before the date of enactment of the Fix 

23 Gun Checks Act of 2013 until the end of the 

24 2-year period beginning on such date of enact25 ment.’’. 


jbell on DSK7SPTVN1PROD with 
9 

•HR 137 IH

1 SEC. 104. CLARIFICATION THAT FEDERAL COURT INFOR2 MATION IS TO BE MADE AVAILABLE TO THE 

3 NATIONAL INSTANT CRIMINAL BACKGROUND 

4 CHECK SYSTEM. 

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

6 Protection Act (18 U.S.C. 922 note), as amended by sec7 tion 102 of this Act, is amended by adding at the end 

8 the following: 

9 ‘‘(G) APPLICATION TO FEDERAL

10 COURTS.—In this paragraph— 

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

12 of the United States’ and ‘Federal depart13 ment or agency’ include a Federal court; 

14 and 

15 ‘‘(ii) for purposes of any request, sub16 mission, or notification, the Director of the 

17 Administrative Office of the United States 

18 Courts shall perform the functions of the 

19 head of the department or agency.’’. 

20 TITLE II—REQUIRING A BACK21 GROUND CHECK FOR EVERY 

22 FIREARM SALE 

23 SEC. 201. PURPOSE. 

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

25 background check procedures to all sales and transfers of 

26 firearms. 


jbell on DSK7SPTVN1PROD with 
10 

•HR 137 IH

1 SEC. 202. FIREARMS TRANSFERS. 

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

3 States Code, is amended by adding at the end the fol4 lowing: 

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

6 unlicensed persons 

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

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

9 person who— 

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

11 and 

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

13 unlicensed transferor; and 

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

15 person who— 

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

17 and 

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

19 unlicensed transferee. 

20 ‘‘(b) RESPONSIBILITIES OF TRANSFERORS OTHER

21 THAN LICENSEES.— 

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

23 unlicensed transferor to transfer a firearm to an un24 licensed transferee, unless the firearm is trans25 ferred— 


jbell on DSK7SPTVN1PROD with 
11 

•HR 137 IH

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

2 subsection (d); 

3 ‘‘(ii) after inspecting a permit that con4 firms a background check under subsection (f); 

5 or 

6 ‘‘(iii) in accordance with an exception de7 scribed in subsection (g); and 

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

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

10 as provided in subsection (g), an unlicensed trans11 feror— 

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

13 transfer a firearm to an unlicensed transferee 

14 until— 

15 ‘‘(i) the licensed dealer through which 

16 the transfer is made under subsection (d) 

17 makes a notification described in sub18 section (d)(3)(A); or 

19 ‘‘(ii) the unlicensed transferee has 

20 presented a permit that confirms that a 

21 background check has been conducted, as 

22 described in subsection (f); and 

23 ‘‘(B) may not transfer a firearm to an un24 licensed transferee if the licensed dealer 

25 through which the transfer is made under subVerDate Mar 15 2010 03:17 Jan 10, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H137.IH H137

jbell on DSK7SPTVN1PROD with 
12 

•HR 137 IH

1 section (d) makes the notification described in 

2 subsection (d)(3)(B). 

3 ‘‘(3) ABSENCE OF RECORDKEEPING REQUIRE4 MENTS.—Nothing in this section shall permit or au5 thorize the Attorney General to impose record6 keeping requirements on any unlicensed transferor. 

7 ‘‘(c) RESPONSIBILITIES OF TRANSFEREES OTHER

8 THAN LICENSEES.— 

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

10 unlicensed transferee to receive a firearm from an 

11 unlicensed transferor, unless the firearm is trans12 ferred— 

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

14 subsection (d); 

15 ‘‘(ii) after inspecting a permit that con16 firms a background check in accordance with 

17 subsection (f); or 

18 ‘‘(iii) in accordance with an exception de19 scribed in subsection (g); and 

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

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

22 as provided in subsection (f), an unlicensed trans23 feree— 


jbell on DSK7SPTVN1PROD with 
13 

•HR 137 IH

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

2 receive a firearm from an unlicensed transferor 

3 until— 

4 ‘‘(i) the licensed dealer through which 

5 the transfer is made under subsection (d) 

6 makes a notification described in sub7 section (d)(3)(A); or 

8 ‘‘(ii) the unlicensed transferee has 

9 presented a permit that confirms that a 

10 background check described in subsection 

11 (f) has been conducted; and 

12 ‘‘(B) may not receive a firearm from an13 other unlicensed transferor if the licensed deal14 er through which the transfer is made under 

15 subsection (d) makes a notification described in 

16 subsection (d)(3)(B). 

17 ‘‘(d) BACKGROUND CHECKS THROUGH LICENSED

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

19 transfer of a firearm between unlicensed transferor and 

20 an unlicensed transferee shall— 

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

22 as the Attorney General may require by regulation 

23 into a separate bound record; 

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

25 the Attorney General; 


jbell on DSK7SPTVN1PROD with 
14 

•HR 137 IH

1 ‘‘(3) comply with section 922(t) as if transfer2 ring the firearm from the inventory of the licensed 

3 dealer to the unlicensed transferee (except that a li4 censed dealer assisting in the transfer of a firearm 

5 under this subsection shall not be required to comply 

6 again with the requirements of section 922(t) in de7 livering the firearm to the unlicensed transferee) and 

8 notify the unlicensed transferor and unlicensed 

9 transferee— 

10 ‘‘(A) of such compliance; and 

11 ‘‘(B) if the transfer is subject to the re12 quirements of section 922(t)(1), of any receipt 

13 by the licensed dealer of a notification from the 

14 national instant criminal background check sys15 tem that the transfer would violate section 922 

16 or State law; 

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

18 which the transfer occurs, submit to the Attorney 

19 General a report of the transfer, which— 

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

21 Attorney General by regulation; and 

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

23 identifying information relating to the unli24 censed transferor or unlicensed transferee; 


jbell on DSK7SPTVN1PROD with 
15 

•HR 137 IH

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

2 transferor in transferring, at the same time or dur3 ing any 5 consecutive business days, 2 or more pis4 tols or revolvers, or any combination of pistols and 

5 revolvers totaling 2 or more, to the same unlicensed 

6 transferee, in addition to the reports required under 

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

8 transfers, which shall— 

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

10 the Attorney General; and 

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

12 on the date on which the transfer requiring the 

13 report under this paragraph occurs, be sub14 mitted to— 

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

16 described in subparagraph (A); and 

17 ‘‘(ii) the appropriate State law en18 forcement agency of the jurisdiction in 

19 which the transfer occurs; and 

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

21 the permanent business records of the licensed deal22 er. 

23 ‘‘(e) PURCHASE PERMITS CONFIRMING BACK24 GROUND CHECKS.—An unlicensed transferor may transfer 


jbell on DSK7SPTVN1PROD with 
16 

•HR 137 IH

1 a firearm to an unlicensed transferee if the unlicensed 

2 transferor verifies that— 

3 ‘‘(1) the unlicensed transferee has presented to 

4 a licensed dealer a permit or license that allows the 

5 unlicensed transferee to possess, acquire, or carry a 

6 firearm, and the licensed dealer has verified to the 

7 unlicensed transferor that the permit or license is 

8 valid; 

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

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

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

12 enforcement agency in the State in which the trans13 fer is to take place; 

14 ‘‘(3) the law of the State provides that the per15 mit or license is to be issued only after a law en16 forcement official has verified that neither the na17 tional instant criminal background check system nor 

18 other information indicates that possession of a fire19 arm by the unlicensed transferee would be in viola20 tion of Federal, State, or local law; and 

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

22 photograph of the unlicensed transferee, the unli23 censed transferor has examined a valid identification 

24 document (as defined in section 1028(d)) of the unliVerDate Mar 15 2010 03:17 Jan 10, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H137.IH H137

jbell on DSK7SPTVN1PROD with 
17 

•HR 137 IH

1 censed transferee containing a photograph of the un2 licensed transferee. 

3 ‘‘(f) EXCEPTIONS.—Unless prohibited by any other 

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

5 to any transfer of a firearm between an unlicensed trans6 feror and unlicensed transferee, if— 

7 ‘‘(1) the transfer is a bona fide gift between im8 mediate family members, including spouses, parents, 

9 children, siblings, grandparents, and grandchildren; 

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

11 because of the death of another person for whom the 

12 unlicensed transferor is an executor or administrator 

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

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

15 in the home of the unlicensed transferee, if— 

16 ‘‘(A) the unlicensed transferee is not other17 wise prohibited from possessing firearms; and 

18 ‘‘(B) the unlicensed transferee believes 

19 that possession of the firearm is necessary to 

20 prevent imminent death or great bodily harm to 

21 the unlicensed transferee; 

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

23 General under section 5812 of the Internal Revenue 

24 Code of 1986; or 


jbell on DSK7SPTVN1PROD with 
18 

•HR 137 IH

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 


jbell on DSK7SPTVN1PROD with 
19 

•HR 137 IH

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 ‘‘(g) PROCESSING FEES.—A licensed dealer that 

9 processes the transfer of a firearm under this section may 

10 assess and collect a fee, in an amount not to exceed $15, 

11 with respect to each firearm transfer processed.’’. 

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

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

14 932’’ after ‘‘section 922’’. 

15 (c) CONFORMING AMENDMENT.—The table of sec16 tions for chapter 44 of title 18, United States Code, is 

17 amended by adding at the end the following: 

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

18 SEC. 203. EFFECTIVE DATE. 

19 The amendments made by this Act shall take effect 

20 180 days after the date of enactment of this Act. 

Æ 


jbell on DSK7SPTVN1PROD with