I 

110TH CONGRESS 

1ST SESSION H. R. 4900 

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 

DECEMBER 19, 2007 

Mr. KING of Iowa (for himself and Mr. SPACE) 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 and Firearms 

6 Modernization Act of 2007’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

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

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. Limitations on use of firearms purchaser information. 

Sec. 106. Liquidation of inventory in Federal firearms license expiration, surrender, or revocation cases. 

Sec. 107. Opportunity to cure violations after acquisition of firearms business. 

Sec. 108. Standards for criminal violations of recordkeeping requirements. 

Sec. 109. Authority to collect information on explosives stored under State law; 

regulations governing storage of explosives made applicable to 

storage of explosives by agencies operating under State law. 

Sec. 110. 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. Elimination of obsolete language added by the Brady Handgun Violence Prevention Act. 

Sec. 204. Ban on tax or fee for background check by the national instant criminal background check system. 

Sec. 205. Elimination of written permission requirement for supervised handgun use. 

Sec. 206. Modification of procedures for sharing of multiple handgun sales reports. 

Sec. 207. Ban on electronic retrieval of inactive licensee information. 

Sec. 208. Trace disclosure. 

Sec. 209. Barrel and receiver importation. 

Sec. 210. Clarifications relating to manufacturing of firearms. 

TITLE III—CRIMINAL GUN ENFORCEMENT IMPROVEMENTS 

Sec. 301. Possession of firearms by dangerous felons. 


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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 pro12 vision of this chapter or any regulation prescribed under 

13 this chapter, the Attorney General may— 

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

15 ‘‘(I) impose on the licensee a civil money 

16 penalty of not more than $1,000 for each such 

17 violation, except that the total amount of pen18 alties imposed on a licensee under this sub19 clause for violations arising from a single in20 spection or examination shall not exceed 

21 $5,000; or 

22 ‘‘(II) suspend the license for not more than 

23 30 days, and specify the circumstances under 

24 which the suspension is to be terminated, if, in 

25 the period for which the license is in effect, 


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1 there have been at least 2 prior occasions on 

2 which the licensee has been determined to have 

3 violated this chapter; or 

4 ‘‘(ii) if the violation is of a serious nature— 

5 ‘‘(I) impose on the licensee a civil money 

6 penalty of not more than $2,500 for each such 

7 violation, except that the total amount of pen8 alties imposed on a licensee under this sub9 clause for a violation arising from a single in10 spection or examination shall not exceed 

11 $15,000; 

12 ‘‘(II) suspend the license for not more than 

13 90 days, and specify the circumstances under 

14 which the suspension is to be terminated; 

15 ‘‘(III) revoke the license; or 

16 ‘‘(IV) take the actions described in sub17 clauses (I) and (II), or subclauses (I) and (III). 

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

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

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

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

22 prior record of the licensee shall be considered. 

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

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

25 money penalty, and may allow the licensee to submit docuVerDate Aug 31 2005 23:19 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4900.IH H4900

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1 ments and information to establish the ability of the li2 censee to pay. The Attorney General shall not make part 

3 of any public record any document or information so sub4 mitted, and shall return to the licensee any such document 

5 or information. 

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

7 licensee under subparagraph (A) with respect to violations 

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

9 a single inspection or examination shall not exceed 

10 $15,000. 

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

12 a provision of this chapter with respect to 2 or more fire13 arms during a single transaction shall be considered a sin14 gle violation of the provision. 

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

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

17 on a licensee whose license is suspended under this para18 graph. 

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

20 ‘‘(i) A violation of this chapter shall be consid21 ered to be of a serious nature if the violation— 

22 ‘‘(I) results in or could have resulted in the 

23 transfer of a firearm or ammunition to a person 

24 prohibited from possessing or receiving the fireVerDate Aug 31 2005 23:19 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4900.IH H4900

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1 arm or ammunition under this chapter or under 

2 State or local law; 

3 ‘‘(II) obstructs or could have obstructed

4 a bona fide criminal investigation or prosecu5 tion, or an inspection or examination under this 

6 chapter; or 

7 ‘‘(III) prevents or could have prevented a 

8 licensee from complying with subsection (a)(7), 

9 (a)(8), (b)(1), (b)(3), (b)(4), (j), (k), (o), or (p) 

10 of section 922, subsection (g)(7) of this section, 

11 or subsection (b) or (h) of section 924. 

12 ‘‘(ii) A violation of this chapter shall be consid13 ered to be of a minor nature if the violation is not 

14 of a serious nature. 

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

16 enforcement action under subparagraph (A) with respect 

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

18 ‘‘(i) the date the violation occurred; or 

19 ‘‘(ii) if the licensee intentionally obstructed dis20 covery of the violation, the date the violation is dis21 covered. 

22 ‘‘(2)(A) Not less than 30 days before the effective 

23 date of any penalty imposed on a licensee by reason of 

24 a determination made under paragraph (1), the Attorney 

25 General shall send the licensee a written notice— 


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1 ‘‘(i) of the determination, and the grounds on 

2 which the determination was made; 

3 ‘‘(ii) of the nature of the penalty; and 

4 ‘‘(iii) that the licensee may, within 30 days 

5 after receipt of the notice, request a hearing to re6 view the determination. 

7 ‘‘(B) A hearing to review a determination made under 

8 paragraph (1) with respect to a licensee shall not be held 

9 unless the licensee requests such a hearing within 30 days 

10 after receiving the notice of the determination sent pursu11 ant to subparagraph (A). 

12 ‘‘(C) On timely receipt from the licensee of a request 

13 for such a review, the Attorney General shall stay the im14 position under paragraph (1) of any penalty involved, 

15 pending resolution of the review, unless, in the case of a 

16 suspension or revocation of a licensee, the Attorney Gen17 eral establishes, at a hearing before an administrative law 

18 judge, by clear and convincing evidence, that the continued 

19 operation by the licensee of the business poses an imme20 diate and grave threat to public safety. 

21 ‘‘(3)(A) Within 90 days after timely receipt from a 

22 licensee of a request to review a determination made under 

23 paragraph (1) (or at such later time as is agreed to by 

24 the Attorney General and the licensee), an administrative 


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1 law judge shall hold a hearing, at a location convenient 

2 to the licensee, to review the determination. 

3 ‘‘(B) Not less than 30 days before the hearing, the 

4 Attorney General shall deliver to the licensee— 

5 ‘‘(i) a document identifying each person whom 

6 the Attorney General intends to call as a witness 

7 during the hearing; 

8 ‘‘(ii) a copy of each document which will be in9 troduced as evidence at the hearing; and 

10 ‘‘(iii) copies of all documents on which the de11 termination is based. 

12 ‘‘(C) Within 90 days after the hearing, the adminis13 trative law judge shall issue a written decision setting 

14 forth findings of fact and conclusions of law, and a deci15 sion as to whether to affirm, modify, or reverse the deter16 mination. 

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

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

19 or revocation until there has been a final, nonreviewable 

20 judgment with respect to the determination involved, un21 less, in the case of a suspension or revocation of a licensee, 

22 the Attorney General establishes, at a hearing before an 

23 administrative law judge, by clear and convincing evi24 dence, that the continued operation by the licensee of the 


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1 business poses an immediate and grave threat to public 

2 safety. 

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

4 this subsection shall be considered final agency action for 

5 all purposes, and may be reviewed only as provided in sub6 section (f). 

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

8 the authority of the Attorney General under section 

9 922(t)(5). 

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

11 issued under subsection (d)(3) of a decision to deny a li12 cense, or a notice issued under subsection (e)(3)(C) of a 

13 determination to impose a civil money penalty or to sus14 pend or revoke a license, the party may file a petition with 

15 the United States district court for the district in which 

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

17 a de novo review of the decision or determination. 

18 ‘‘(2) In a proceeding conducted under this paragraph, 

19 the court shall, on application of a party, consider any evi20 dence submitted by the parties to the proceeding whether 

21 or not the evidence was considered at the hearing held 

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

23 ‘‘(3) If the court decides that the decision or deter24 mination was not authorized, the court shall order the AtVerDate Aug 31 2005 23:19 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4900.IH H4900

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1 torney General to take such action as may be necessary 

2 to comply with the judgment of the court. 

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

4 licensee alleging any violation of this chapter or of a regu5 lation prescribed under this chapter, and the licensee is 

6 acquitted of the charges, or the proceedings are termi7 nated, other than upon motion of the Government before 

8 trial on the charges, the Attorney General shall be abso9 lutely barred from denying a license under this chapter, 

10 suspending or revoking a license granted under this chap11 ter, or imposing a civil money penalty under subsection 

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

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

14 The Attorney General may not institute a proceeding to 

15 suspend or revoke a license granted under this chapter, 

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

17 more than 1 year after the filing of the indictment or in18 formation.’’. 

19 (b) CONFORMING AMENDMENT TO PROCEDURE AP20 PLICABLE TO DENIAL OF APPLICATION FOR LICENSE.— 

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

22 end the following: 

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

24 for a license, an administrative law judge of the Depart25 ment of Justice shall, on request by the aggrieved party, 


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

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

3 the administrative law judge decides not to reverse the de4 nial, the administrative law judge shall give notice of the 

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

6 SEC. 102. CONSIDERATION OF FEDERAL FIREARMS LI7 CENSE APPLICATIONS. 

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

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

10 is amended by redesignating paragraphs (2) and (3) as 

11 paragraphs (3) and (4) and inserting after paragraph (1) 

12 the following: 

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

14 determination as to whether to approve or deny an appli15 cation submitted under subsection (a) or (b). If the pre16 liminary determination is to deny the application, the At17 torney General shall notify the applicant in writing of the 

18 preliminary determination and the reasons for the prelimi19 nary determination, and shall afford the applicant an op20 portunity to supplement the application with additional in21 formation and to request a hearing on the application. If 

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

23 the Attorney General shall hold the hearing at a location 

24 convenient to the applicant, and shall notify the applicant 

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


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

2 such title, as amended by section 2(a) of this Act, is 

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

4 inserting ‘‘(d)(4)’’. 

5 SEC. 103. DEFINITION OF WILLFULLY. 

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

7 amended by section 101(a) of this Act, is amended by add8 ing at the end the following: 

9 ‘‘(5) For purposes of this subsection, the term ‘will10 fully’ means, with respect to conduct of a person, that the 

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

12 knowingly and in intentional disregard of the duty.’’. 

13 SEC. 104. ESTABLISHMENT OF FORMAL INSPECTION, EXAM14 INATION, AND INVESTIGATIVE GUIDELINES. 

15 The Attorney General shall establish guidelines for 

16 how the Bureau of Alcohol, Tobacco, Firearms, and Ex17 plosives is to conduct inspections, examinations, or inves18 tigations of possible violations of chapters 40 and 44 of 

19 title 18, United States Code. 

20 SEC. 105. LIMITATIONS ON USE OF FIREARMS PURCHASER 

21 INFORMATION. 

22 Section 923(g)(1)(D) of title 18, United States Code, 

23 is amended in the last sentence by inserting ‘‘, except that 

24 information identifying a person who has purchased or re25 ceived firearms or ammunition and who is not prohibited 


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1 from doing so may not be so made available or so provided 

2 unless the agency involved has certified that the agency 

3 will not disclose the information to any entity other than 

4 a court, federal, State or local law enforcement agency, 

5 or prosecutor’’ before the period. 

6 SEC. 106. LIQUIDATION OF INVENTORY IN FEDERAL FIRE7 ARMS LICENSE EXPIRATION, SURRENDER, OR 

8 REVOCATION CASES. 

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

10 amended by adding at the end the following: 

11 ‘‘(m)(1) Except as provided in paragraph (2), a per12 son whose license issued under this chapter is expired, sur13 rendered, or revoked shall be afforded 60 days from the 

14 effective date of the expiration, surrender, or revocation 

15 to liquidate the firearms inventory of the person, which 

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

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

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

19 valid. 

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

21 a person if a United States District Court for the judicial 

22 district in which the person resides or in which the prin23 cipal place of business of the person subject to the license 

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


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1 continued operation by the person of the business poses 

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

3 SEC. 107. OPPORTUNITY TO CURE VIOLATIONS AFTER AC4 QUISITION OF FIREARMS BUSINESS. 

5 Section 923 of title 18, United States Code, is further 

6 amended by adding at the end the following: 

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

8 business licensed under this chapter has transferred to a 

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

10 administrator, or other legal representative of a deceased 

11 licensee; or to a receiver or trustee in bankruptcy, or an 

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

13 or on the first inspection or examination by the Attorney 

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

15 the licensee is found to be operating the business in viola16 tion of this chapter, the Attorney General— 

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

18 by the transferor; and 

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

20 committing the violation.’’. 

21 SEC. 108. STANDARDS FOR CRIMINAL VIOLATIONS OF REC22 ORDKEEPING REQUIREMENTS. 

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

24 amended— 


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

2 ‘‘a materially false entry’’; 

3 (2) by striking ‘‘appropriate entry’’ and insert4 ing ‘‘a materially significant entry’’; and 

5 (3) by striking ‘‘properly maintain’’ and insert6 ing ‘‘retain custody of’’. 

7 SEC. 109. AUTHORITY TO COLLECT INFORMATION ON EX8 PLOSIVES STORED UNDER STATE LAW; REGU9 LATIONS GOVERNING STORAGE OF EXPLO10 SIVES MADE APPLICABLE TO STORAGE OF 

11 EXPLOSIVES BY AGENCIES OPERATING 

12 UNDER STATE LAW. 

13 (a) AUTHORITY TO COLLECT INFORMATION ON EX14 PLOSIVES STORED UNDER STATE LAW.— 

15 (1) IN GENERAL.—Section 846 of title 18, 

16 United States Code, is amended by adding at the 

17 end the following: 

18 ‘‘(c) Each agency operating under the law of any 

19 State or political subdivision thereof that stores or keeps 

20 explosive materials shall submit to the Attorney General, 

21 at such time as the Attorney General shall prescribe in 

22 regulations, a written report that specifies each location 

23 at which the agency stores or keeps explosive materials 

24 that have been shipped or transported in interstate or forVerDate Aug 31 2005 23:19 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4900.IH H4900

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1 eign commerce, and the types and amounts of such explo2 sive materials that are stored or kept at the location.’’. 

3 (2) REGULATIONS.—Within 6 months after the 

4 date of the enactment of this section, the Attorney 

5 General shall prescribe the regulations referred to in 

6 section 846(c) of title 18, United States Code. 

7 (b) REGULATIONS GOVERNING STORAGE OF EXPLO8 SIVES MADE APPLICABLE TO STORAGE OF EXPLOSIVES

9 BY AGENCIES OPERATING UNDER STATE LAW.—Subpart 

10 K of part 555 of subchapter C of chapter II of title 27, 

11 Code of Federal Regulations, shall apply with respect to 

12 the storage by agencies operating under the law of any 

13 State or political subdivision thereof of explosive materials 

14 that have been shipped or transported in interstate or for15 eign commerce. 

16 SEC. 110. EFFECTIVE DATE. 

17 This title and the amendments made by this title 

18 shall take effect at the end of the 180-day period that be19 gins with the date of the enactment of this Act. 

20 TITLE II—FIREARMS CORREC21 TIONS AND IMPROVEMENTS 

22 SEC. 201. CORRECTION OF NONSUBSTANTIVE ERROR IN 

23 AGE LIMIT PROVISION. 

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

25 amended to read as follows: 


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1 ‘‘(1) any firearm or ammunition to any indi2 vidual who the licensee knows or has reasonable 

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

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

5 or the ammunition is for a firearm other than a 

6 shotgun or rifle, to any individual who the licensee 

7 knows or has reasonable cause to believe has not at8 tained 21 years of age;’’. 

9 SEC. 202. POSSESSION AND TRANSFER OF MACHINEGUNS 

10 FOR INDUSTRY TESTING AND SECURITY CON11 TRACTING. 

12 (a) MACHINEGUNS FOR FEDERAL CONTRACTORS.— 

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

14 amended by striking ‘‘except’’ and all that follows and in15 serting ‘‘except— 

16 ‘‘(A) as specifically authorized by the At17 torney General consistent with public safety and 

18 necessity; or 

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

20 any person and the United States which re21 quires that person to provide national security 

22 services for the United States or any training 

23 related to such services;’’. 

24 (b) SALE OR DELIVERY OF MACHINEGUNS TO FED25 ERAL CONTRACTORS.—Section 922(b) of such title is 


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1 amended by adding at the end the following: ‘‘Paragraphs 

2 (2) and (4) of this subsection shall not apply to a sale 

3 or delivery to comply with a contract between any person 

4 and the United States which requires that person to pro5 vide national security services for the United States or any 

6 training related to the services.’’. 

7 (c) POST-86 MACHINEGUNS FOR TESTING, RE8 SEARCH AND DEVELOPMENT, TRAINING, AND SECU9 RITY.—Section 922(o) of such title is amended— 

10 (1) in paragraph (2)— 

11 (A) by striking ‘‘or’’ at the end of subpara12 graph (A); and 

13 (B) by redesignating subparagraph (B) as 

14 subparagraph (F) and inserting after subpara15 graph (A) the following: 

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

17 to comply with a contract between that person and 

18 the United States which requires the person to pro19 vide national security services for the United States 

20 or any training related to the services; 

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

22 manufacturer or licensed importer solely for testing, 

23 research, design, or development of ammunition or a 

24 firearm; 


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

2 or licensed importer for the purposes of training per3 sons to whom a machinegun, manufactured or im4 ported by the licensee, may be transferred as de5 scribed in subparagraph (A) or (B); 

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

7 manufacturer, licensed importer, or licensed dealer 

8 for a professional theatrical purpose if the licensee— 

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

10 National Firearms Act; 

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

12 State law to engage in business as a theatrical 

13 firearms dealer or equivalent statutory designa14 tion; 

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

16 income from the firearms business from the use 

17 of firearms by professional motion picture or 

18 television productions that are distributed to or 

19 produced for a national or international audi20 ence; 

21 ‘‘(iv) before possessing a machinegun 

22 under this subparagraph, provides the Attorney 

23 General with documentation that— 

24 ‘‘(I) the licensee meets the require25 ments of clauses (i) through (iii); and 


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

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

3 ‘‘(v) establishes that the number of ma4 chineguns sought by the licensee is reasonable 

5 for the film, production, or performance for 

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

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

8 ‘‘(3) A person who receives, possesses, transports, im9 ports, or uses a weapon, ammunition, or a device under 

10 subsection (b) of this section, shall be subject to a back11 ground check every 3 years by the Attorney General, based 

12 on fingerprints and including a background check under 

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

14 Act (Public Law 103–159; 18 U.S.C. 922 note) to deter15 mine whether the person is prohibited from possessing or 

16 receiving a firearm under Federal or State law. Any per17 son who receives, possesses, transports, imports, or uses 

18 a weapon, ammunition or a device under subsection (b) 

19 of this section shall be subject to subsections (g) and (n) 

20 of this section.’’. 

21 (d) IMPORTATION OF MACHINEGUNS.—Section 

22 925(d) of such title is amended— 

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

24 end; 


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

2 inserting a semicolon; and 

3 (3) by inserting after paragraph (4) the fol4 lowing: 

5 ‘‘(5) is imported or brought in for a purpose de6 scribed in section 922(o)(2); or 

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

8 in for a purpose described in section 922(o)(2)(E).’’. 

9 (e) IMPORTATION UNDER THE NATIONAL FIREARMS

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

11 U.S.C. 5844) is amended— 

12 (1) by striking ‘‘or’’ at the end of paragraph 

13 (2); and 

14 (2) by inserting after paragraph (3) the fol15 lowing: 

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

17 in to comply with a contract between any person and 

18 the United States which requires the person to pro19 vide national security services for the United States 

20 or any training related to the services; 

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

22 in by a registered importer or registered manufac23 turer for the purpose of training persons who ac24 quire machineguns pursuant to paragraph (1) that 

25 were manufactured or imported by the registrant; or 


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

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

3 title 18, United States Code;’’. 

4 (f) NATIONAL SECURITY SERVICES DEFINED.—Sec5 tion 921(a) of such title is amended by adding at the end 

6 the following: 

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

8 protective, defensive, or security services provided pursu9 ant to a contract with a department or agency of the 

10 United States. 

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

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

13 production which is expected to be produced, distributed, 

14 marketed, or shown by a member of a nationally recog15 nized professional trade association related primarily to 

16 motion picture and television production, as determined 

17 by the Attorney General.’’. 

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

19 this section shall take effect after the 180-day period that 

20 begins with the date of the enactment of this Act. 

21 SEC. 203. ELIMINATION OF OBSOLETE LANGUAGE ADDED 

22 BY THE BRADY HANDGUN VIOLENCE PRE23 VENTION ACT. 

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

25 amended— 


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1 (1) by striking subsection (s); and 

2 (2) in subsection (t)(1), by striking ‘‘Begin3 ning’’ and all that follows through ‘‘a licensed’’ and 

4 inserting ‘‘A licensed’’. 

5 SEC. 204. BAN ON TAX OR FEE FOR BACKGROUND CHECK 

6 BY THE NATIONAL INSTANT CRIMINAL BACK7 GROUND CHECK SYSTEM. 

8 Section 922(t) of title 18, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(7) The Attorney General shall not charge any tax 

11 or fee for any background check conducted pursuant to 

12 this subsection.’’. 

13 SEC. 205. ELIMINATION OF WRITTEN PERMISSION RE14 QUIREMENT FOR SUPERVISED HANDGUN 

15 USE. 

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

17 is amended— 

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

19 inserting the following: 

20 ‘‘(II) with respect to ranching or 

21 farming activities, target practice, hunting, 

22 or a course of instruction in the safe and 

23 lawful use of a handgun, as described in 

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

25 a handgun or ammunition without the 


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1 prior written consent, if the parent or legal 

2 guardian is present at all times and the ju3 venile acts at the direction of a parent, 

4 legal guardian, or other adult who is not 

5 prohibited by Federal, State, or local law 

6 from possessing a firearm;’’; and 

7 (2) in clause (iii), by inserting ‘‘except as pro8 vided in clause (ii)(II),’’ after ‘‘(iii)’’. 

9 SEC. 206. MODIFICATION OF PROCEDURES FOR SHARING 

10 OF MULTIPLE HANDGUN SALES REPORTS. 

11 Section 923(g)(3)(A) of title 18, United States Code, 

12 is amended— 

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

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

15 and 

16 (2) by adding at the end the following: ‘‘On re17 quest by a State or local law enforcement agency of 

18 the jurisdiction in which the sale or other disposition 

19 took place, the Attorney General may provide the re20 port to the agency, unless the agency failed to make 

21 the certification required by subparagraph (B) for 

22 the most recent 6-month period for which the certifi23 cation is so required.’’. 


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1 SEC. 207. BAN ON ELECTRONIC RETRIEVAL OF INACTIVE 

2 LICENSEE INFORMATION. 

3 Subsection 923(g)(4) of title 18, United States Code, 

4 is amended by adding at the end the following: ‘‘The At5 torney General shall not electronically retrieve information 

6 gathered pursuant to this paragraph by name or by any 

7 personal identification code.’’. 

8 SEC. 208. TRACE DISCLOSURE. 

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

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘(8)(A) Notwithstanding any other provision of law, 

13 information required to be kept by licensees pursuant to 

14 this subsection, or required to be reported pursuant to 

15 paragraphs (3) and (7) of this subsection, and information 

16 in the firearms trace system database maintained by the 

17 National Trace Center of the Bureau of Alcohol, Tobacco, 

18 Firearms, and Explosives, including all information re19 ceived or generated by the Bureau in connection with a 

20 request to trace a firearm— 

21 ‘‘(i) shall not be disclosed by the Attorney Gen22 eral to any entity, except— 

23 ‘‘(I) to an official of a Federal, State, 

24 local, or foreign law enforcement agency, or a 

25 Federal, State, or local prosecutor, solely in 

26 connection with bona fide criminal investigative 


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1 purposes or prosecutions, not to be used or dis2 closed for any other purpose; 

3 ‘‘(II) to a Federal official for national se4 curity, intelligence, or counterterrorism pur5 poses, and not to be used or disclosed for any 

6 other purpose; 

7 ‘‘(III) for use in an action or proceeding 

8 commenced by the Attorney General to enforce 

9 this chapter, the National Firearms Act, or 

10 chapter 3 of the Arms Export Control Act, or 

11 a review of such an action or proceeding; or 

12 ‘‘(IV) for use in an action or proceeding 

13 commenced by the Secretary of the Treasury to 

14 enforce part III of subchapter D of chapter 32 

15 of the Internal Revenue Code of 1986, or a re16 view of such an action or proceeding; and 

17 ‘‘(ii) shall not be disclosed to any Federal, 

18 State, local, or foreign law enforcement agency, or a 

19 Federal, State, or local prosecutor, except in connec20 tion with bona fide criminal investigative purposes or 

21 prosecutions. 

22 Nothing in this paragraph shall be construed to pre23 vent the sharing or exchanging of the information 

24 among and between Federal, State, local, or foreign 

25 law enforcement agencies and Federal, State, or 


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1 local prosecutors solely in connection with bona fide 

2 criminal investigative purposes or prosecutions, or 

3 among and between national security, intelligence, or 

4 counterterrorism officials solely in connection with 

5 national security, intelligence, or counterterrorism 

6 purposes. 

7 ‘‘(B) Information in the firearms trace system data8 base maintained by the National Trace Center of the Bu9 reau of Alcohol, Tobacco, Firearms, and Explosives, in10 cluding all information received or generated by the Bu11 reau in connection with a request to trace a firearm, shall 

12 be immune from legal process, shall not be subject to sub13 poena or other discovery, shall not be used, relied on, or 

14 disclosed in any manner, and shall not be admissible as 

15 evidence, nor shall testimony or other evidence based on 

16 the information be admissible as evidence, in any civil ac17 tion pending on or filed after the effective date of this 

18 subparagraph in any State or Federal court, or in any ad19 ministrative proceeding other than a proceeding com20 menced by the Bureau to enforce this chapter, the Na21 tional Firearms Act, or chapter 3 of the Arms Export 

22 Control Act, or a review of such an action or proceeding. 

23 ‘‘(C) This paragraph shall not be construed to pre24 vent the disclosure of statistical information concerning 


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1 total production, importation, and exportation by each li2 censed importer and licensed manufacturer.’’. 

3 (b) EXEMPTION OF LAW ENFORCEMENT OFFICERS

4 FROM CRIMINAL PENALTIES.— 

5 (1) IN GENERAL.—Section 925(a) of such title 

6 is amended by adding at the end the following: 

7 ‘‘(6) Section 924(a)(1)(D) shall not apply to the vio8 lation of section 923(g)(8) by an official of any Federal, 

9 State, or local law enforcement agency.’’. 

10 (2) CONFORMING AMENDMENT.—Section 

11 924(a)(1) of such title is amended by striking ‘‘in 

12 section 929’’ and inserting ‘‘section 925(a)(6) or 

13 929’’. 

14 SEC. 209. BARREL AND RECEIVER IMPORTATION. 

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

16 States Code, is amended— 

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

18 inserting a period; 

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

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

21 for firearms other than handguns, if the importation 

22 is for repair or replacement purposes.’’. 

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

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

25 importation of any firearm’’. 


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1 SEC. 210. 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 title 18, United States Code, is 

12 amended by striking ‘‘or trigger mechanisms to firearms’’ 

13 and inserting ‘‘trigger mechanisms, or other parts to fire14 arms, or engraving or otherwise altering the appearance 

15 of firearms’’. 

16 TITLE III—CRIMINAL GUN 

17 ENFORCEMENT IMPROVEMENTS 

18 SEC. 301. POSSESSION OF FIREARMS BY DANGEROUS FEL19 ONS. 

20 (a) IN GENERAL.—Section 924(e) of title 18, United 

21 States Code, is amended by striking all that precedes 

22 paragraph (2) and inserting the following: 

23 ‘‘(e)(1) In the case of a person who violates section 

24 922(g) and has previously been convicted by any court re25 ferred to in section 922(g)(1) of a violent felony or a seri26 ous drug offense shall— 


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1 ‘‘(A) in the case of 1 such prior conviction, if 

2 more than 10 years has elapsed since the later of 

3 the date of the conviction or the date of the release 

4 of the person from imprisonment for the conviction, 

5 be imprisoned for not more than 15 years, fined 

6 under this title, or both; 

7 ‘‘(B) in the case of 2 such prior convictions for 

8 violations committed on occasions different from one 

9 another, if not more than 10 years has elapsed since 

10 the later of the date of the most recent such convic11 tion and the date of the release of the person from 

12 imprisonment for the most recent such conviction, be 

13 imprisoned for not more than 20 years, fined under 

14 this title, or both; and 

15 ‘‘(C) in the case of 3 such prior convictions for 

16 violations committed on occasions different from one 

17 another, if not more than 10 years has elapsed since 

18 the later date of the most recent such conviction or 

19 the date of the release of the person from imprison20 ment for the most recent such conviction, be impris21 oned for any term of years not less than 15 years 

22 or for life and fined under this title, and notwith23 standing any other provision of law, the court shall 

24 not suspend the sentence of, or grant a probationary 


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1 sentence to, such person with respect to the convic2 tion under section 922(g).’.’’. 

3 (b) AMENDMENT TO SENTENCING GUIDELINES.— 

4 Pursuant to its authority under section 994(p) of title 28, 

5 United States Code, the United States Sentencing Com6 mission shall amend the Federal Sentencing Guidelines to 

7 provide for an appropriate increase in the offense level for 

8 violations of section 922(g) of title 18, United States 

9 Code, in accordance with section 924(e) of such title, as 

10 amended by subsection (a) of this section. 

Æ 


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