II 

117TH CONGRESS 

2D SESSION S. 4149 

To ensure that the background check system used for firearms purchases 

denies a firearm to a person prohibited from possessing a firearm by 

a lawful court order governing the pretrial release of the person. 

IN THE SENATE OF THE UNITED STATES 

MAY 5, 2022 

Mr. BOOKER introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To ensure that the background check system used for firearms purchases denies a firearm to a person prohibited 

from possessing a firearm by a lawful court order governing the pretrial release of the person. 

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 ‘‘Preventing Pretrial 

5 Gun Purchases Act’’. 


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1 SEC. 2. AMENDMENTS TO THE GUN CONTROL ACT OF 1968. 

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

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

5 ‘‘(36) The term ‘pretrial release order’ means 

6 an order of a Federal, State, tribal, or local court 

7 that governs the release of an arrested person pend8 ing the trial of the person for a crime.’’. 

9 (b) SECTION 922.—Section 922 of title 18, United 

10 States Code, is amended— 

11 (1) in subsection (d)— 

12 (A) in paragraph (8), by striking ‘‘or’’ at 

13 the end; 

14 (B) in paragraph (9), by striking the pe15 riod and inserting ‘‘; or’’; and 

16 (C) by inserting after paragraph (9) the 

17 following: 

18 ‘‘(10) is subject to a pretrial release order that 

19 prohibits the person from purchasing, possessing, or 

20 receiving firearms.’’; and 

21 (2) in subsection (t)— 

22 (A) in paragraph (1)(B)(ii), by striking 

23 ‘‘receipt of a firearm’’ and all that follows 

24 through ‘‘section’’ and inserting ‘‘knowing sale 

25 or disposition of a firearm by the licensee to 

26 such other person or the receipt of a firearm by 


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1 such other person would violate subsection (d), 

2 (g), or (n) of this section’’; 

3 (B) in paragraph (2), by striking ‘‘receipt’’ 

4 and all that follows through ‘‘(n)’’ and inserting 

5 ‘‘the knowing sale or disposition of a firearm to 

6 the person or the receipt of a firearm by the 

7 person would not violate subsection (d), (g), or 

8 (n)’’; 

9 (C) in paragraph (3)(A)(ii), by striking 

10 ‘‘that possession’’ and inserting ‘‘that knowing 

11 sale or disposition of a firearm by a licensee to 

12 such other person or possession’’; 

13 (D) in paragraph (4), by striking ‘‘receipt’’ 

14 and all that follows through ‘‘(n)’’ and inserting 

15 ‘‘knowing sale or disposition of a firearm by a 

16 licensee to such other person or the receipt of 

17 a firearm by such other person would violate 

18 subsection (d), (g), or (n)’’; and 

19 (E) in paragraph (5), by striking ‘‘receipt’’ 

20 and all that follows through ‘‘(n)’’ and inserting 

21 ‘‘knowing sale or disposition of a firearm by a 

22 licensee to such other person or receipt of a 

23 firearm by such other person would violate sub24 section (d), (g), or (n)’’. 


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1 SEC. 3. CONFORMING AMENDMENTS. 

2 (a) SECTION 923.—Section 923(d)(1)(B) of title 18, 

3 United States Code, is amended by striking ‘‘under section 

4 922(g) and (n) of this chapter’’ and inserting ‘‘by sub5 section (g) or (n) of section 922 and is not a person to 

6 whom the knowing sale or disposition of any firearm or 

7 ammunition is prohibited by section 922(d)’’. 

8 (b) SECTION 925A.—Section 925A(2) of title 18, 

9 United States Code, is amended by inserting ‘‘and to 

10 whom the knowing sale or disposition of a firearm was 

11 not prohibited by subsection (d) of that section or State 

12 law’’ before the comma. 

13 (c) BRADY HANDGUN VIOLENCE PREVENTION

14 ACT.—Section 103 of the Brady Handgun Violence Pre15 vention Act (34 U.S.C. 40901) is amended— 

16 (1) in subsection (e)(1)— 

17 (A) in subparagraph (A), by striking ‘‘for 

18 whom receipt’’ and all that follows through 

19 ‘‘(g)’’ and inserting ‘‘to whom the knowing sale 

20 or disposition of or for whom receipt of a fire21 arm would violate subsection (d), (g),’’; 

22 (B) in subparagraph (C), by striking ‘‘(g)’’ 

23 and inserting ‘‘(d), (g),’’; 

24 (C) in subparagraph (F)(iii)(I), by striking 

25 ‘‘(g) or (n)’’ and inserting ‘‘(d), (g), or (n)’’; 

26 and 


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1 (D) in subparagraph (G)(i), by striking 

2 ‘‘(g) or (n)’’ and inserting ‘‘(d), (g), or (n)’’; 

3 (2) in subsection (g), by striking ‘‘receipt of a 

4 firearm by a prospective transferee would violate 

5 subsection (g) or (n)’’ and inserting ‘‘the knowing 

6 sale or disposition of a firearm to or receipt of a 

7 firearm by a prospective transferee would violate 

8 subsection (d), (g), or (n)’’; and 

9 (3) in subsection (i)(2), by striking all that fol10 lows after ‘‘respect to persons,’’ and inserting ‘‘to 

11 whom the knowing sale or disposition of, or for 

12 whom receipt of, a firearm is prohibited by sub13 section (d), (g), or (n) of section 922 of title 18, 

14 United States Code, or State law.’’. 

15 (d) NICS IMPROVEMENT AMENDMENTS ACT OF

16 2007.—Title I of the NICS Improvement Amendments 

17 Act of 2007 (34 U.S.C. 40911 et seq.) is amended— 

18 (1) in section 101(b) (34 U.S.C. 40911(b))— 

19 (A) in paragraph (1)(A), by striking ‘‘a 

20 person is disqualified from possessing or receiv21 ing a firearm under subsection (g)’’ and insert22 ing ‘‘the knowing sale or disposition of a fire23 arm to a person or receipt of a firearm by a 

24 person is prohibited by subsection (d), (g),’’; 

25 and 


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1 (B) in paragraph (2)(A)— 

2 (i) by striking ‘‘after the’’ and insert3 ing ‘‘after a court martial imposes a pre4 trial release order or the’’; and 

5 (ii) by striking ‘‘a member of the 

6 Armed Forces involved in such proceeding 

7 is disqualified from possessing or receiving 

8 a firearm under subsection (g) or (n)’’ and 

9 inserting ‘‘the knowing sale or disposition 

10 of a firearm to or receipt of a firearm by 

11 a member of the Armed Forces is prohib12 ited by subsection (d), (g), or (n)’’; and 

13 (2) in section 102 (34 U.S.C. 40912)— 

14 (A) in subsection (b)(3), by striking ‘‘are 

15 prohibited from possessing or receiving a fire16 arm under subsection (g)’’ and inserting ‘‘are 

17 described in one of the categories under sub18 section (d), (g),’’; and 

19 (B) in subsection (c)(1)(A), by inserting 

20 ‘‘the knowing sale or disposition of a firearm to 

21 a person would be prohibited under subsection 

22 (d) of section 922 of title 18, United States 

23 Code, or applicable State law or whether’’ after 

24 ‘‘determination of whether’’. 


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1 SEC. 4. FUNDS FOR STATES THAT REPORT PRETRIAL OR2 DERS RESTRICTING FIREARM POSSESSION 

3 TO NICS. 

4 (a) DEFINITION.—In this section, the term ‘‘covered 

5 pretrial release order’’ means an order of a State, Tribal, 

6 or local court that governs the release of an arrested indi7 vidual pending the trial of the individual for a crime, and 

8 which prohibits the individual from possessing a firearm 

9 or ammunition (as such terms are defined in section 921 

10 of title 18, United States Code). 

11 (b) AUTHORIZATION.—The Attorney General may 

12 make grants to States and Indian Tribes for the purpose 

13 of reporting information about covered pretrial release or14 ders to the national instant criminal background check 

15 system established under section 103 of the Brady Hand16 gun Violence Prevention Act (34 U.S.C. 40901). 

17 (c) APPLICATIONS.—The chief executive of a State 

18 or Indian Tribe seeking a grant under this section shall 

19 submit to the Attorney General an application at such 

20 time, in such manner, and containing such information as 

21 the Attorney General may reasonably require. 

22 (d) CLARIFICATION.—Grants made under this section 

23 shall be in addition to any amount that a State or Indian 

24 Tribe receives under section 302(c)(19) of title I of the 

25 Omnibus Crime Control and Safe Streets Act of 1968 (34 

26 U.S.C. 10132(c)(19)) (commonly referred to as the ‘‘NaVerDate Sep 11 2014 23:23 May 05, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4149.IS S4149

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1 tional Criminal History Improvement Program’’) or sec2 tion 103 of the NICS Improvement Amendments Act of 

3 2007 (34 U.S.C. 40913) (commonly referred to as the 

4 ‘‘NICS Act Record Improvement Program’’). 

5 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated $25,000,000 for each of fis7 cal years 2023 through 2027 to carry out this section. 

Æ 


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