I 

117TH CONGRESS 

2D SESSION H. R. 6717 

To ensure that the background check system used for firearms purchasers 

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

lawful court order governing the pretrial release of the person. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2022 

Mrs. CAROLYN B. MALONEY of New York (for herself, Mr. AUCHINCLOSS, 

Mrs. WATSON COLEMAN, Ms. NORTON, Mr. CASE, Mr. ESPAILLAT, Ms. 

MENG, Mr. RUSH, Mr. SUOZZI, Mr. DEUTCH, Mr. CARSON, Ms. SCHAKOWSKY, Mr. MORELLE, Ms. JACOBS of California, Mr. DAVID SCOTT of 

Georgia, Ms. TITUS, Mr. DANNY K. DAVIS of Illinois, Mrs. HAYES, Ms. 

BONAMICI, Ms. DEAN, Mr. EVANS, Ms. MANNING, Mr. DESAULNIER, Ms. 

STRICKLAND, Ms. NEWMAN, and Ms. SCANLON) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

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

from possessing guns 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(a) of title 18, United States Code, 

3 is amended by adding at the end the following: 

4 ‘‘(36) The term ‘pretrial release order’ means an 

5 order of a Federal, State, tribal, or local court that gov6 erns the release of an arrested person pending the trial 

7 of the person for a crime.’’. 

8 (b) Section 922(d) of such title is amended— 

9 (1) in paragraph (8), by striking ‘‘or’’ at the 

10 end; 

11 (2) in paragraph (9), by striking the period and 

12 inserting ‘‘; or’’; and 

13 (3) by inserting after paragraph (9) the fol14 lowing: 

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

16 prohibits the person from purchasing, possessing, or 

17 receiving firearms.’’. 

18 (c) Section 922(t) of such title is amended— 

19 (1) in paragraph (1)(B)(ii), by striking ‘‘receipt 

20 of a firearm’’ and all that follows through ‘‘section’’ 

21 and inserting ‘‘knowing sale or disposition of a fire22 arm by the licensee to such other person or the re23 ceipt of a firearm by such other person would violate 

24 subsection (d), (g), or (n) of this section’’; 

25 (2) in paragraph (2), by striking ‘‘receipt’’ and 

26 all that follows through ‘‘(n)’’ and inserting ‘‘the 


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1 knowing sale or disposition of a firearm to the per2 son, or the receipt of a firearm by the person would 

3 not violate subsection (d), (g), or (n)’’; 

4 (3) in paragraph (3)(A)(ii), by striking ‘‘that 

5 possession’’ and inserting ‘‘that knowing sale or dis6 position of a firearm by a licensee to such other per7 son or that possession’’; 

8 (4) in paragraph (4), by striking ‘‘receipt’’ and 

9 all that follows through ‘‘(n)’’ and inserting ‘‘know10 ing sale or disposition of a firearm by a licensee to 

11 such other person or the receipt of a firearm by such 

12 other person would violate subsection (d), (g), or 

13 (n)’’; and 

14 (5) in paragraph (5), by striking ‘‘receipt’’ and 

15 all that follows through ‘‘(n)’’ and inserting ‘‘know16 ing sale or disposition of a firearm by a licensee to 

17 such other person or receipt of a firearm by such 

18 other person would violate subsection (d), (g), or 

19 (n)’’. 

20 SEC. 3. CONFORMING AMENDMENTS. 

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

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

23 922(g) and (n) of this chapter’’ and inserting ‘‘by sub24 section (g) or (n) of section 922 and is not a person to 


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1 whom the knowing sale or disposition of any firearm or 

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

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

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

5 whom the knowing sale or disposition of a firearm was 

6 not prohibited by section 922(d) or State law’’ before the 

7 comma. 

8 (c) BRADY HANDGUN VIOLENCE PREVENTION

9 ACT.—Section 103 of the Brady Handgun Violence Pre10 vention Act (34 U.S.C. 40901) is amended— 

11 (1) in subsection (e)(1)— 

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

13 whom receipt’’ and all that follows through 

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

15 or disposition of or for whom receipt of a fire16 arm would violate subsection (d), (g),’’; 

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

18 or inserting ‘‘(d), (g),’’; 

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

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

21 and 

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

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

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

25 firearm by a prospective transferee would violate 


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

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

3 firearm by a prospective transferee would violate 

4 subsection (d), (g), or (n)’’; and 

5 (3) in subsection (i)(2), by striking all that fol6 lows after ‘‘respect to persons,’’ and inserting ‘‘to 

7 whom the knowing sale or disposition of, or for 

8 whom receipt of, a firearm is prohibited by sub9 section (d), (g), or (n) of section 922 of title 18, 

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

11 (d) NICS IMPROVEMENT AMENDMENTS ACT OF

12 2007.—Title I of the NICS Improvement Amendments 

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

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

15 (A) in subsection (b)(1)(A), by striking ‘‘a 

16 person is disqualified from possessing or receiv17 ing a firearm under subsection (g)’’ and insert18 ing ‘‘the knowing sale or disposition of a fire19 arm to a person or receipt of a firearm by a 

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

21 and 

22 (B) in subsection (b)(2)(A)— 

23 (i) by striking ‘‘after the’’ and insert24 ing ‘‘after a court martial imposes a pre25 trial release order or the’’; and 


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1 (ii) by striking ‘‘a member of the 

2 Armed Forces involved in such proceeding 

3 is disqualified from possessing or receiving 

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

5 inserting ‘‘the knowing sale or disposition 

6 of a firearm to or receipt of a firearm by 

7 a member of the Armed Forces is prohib8 ited by subsection (d), (g), or (n)’’; and 

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

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

11 prohibited from possessing or receiving a fire12 arm under subsection (g)’’ and inserting ‘‘are 

13 described in one of the categories under sub14 section (d), (g),’’; and 

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

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

17 a person would be prohibited under subsection 

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

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

20 ‘‘determination of whether’’. 

21 SEC. 4. FUNDS FOR STATES THAT REPORT PRETRIAL OR22 DERS RESTRICTING FIREARM POSSESSION 

23 TO NICS. 

24 (a) AUTHORIZATION.—The Attorney General is au25 thorized to make grants to States and Indian tribes for 


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1 the purpose of reporting information about covered pre2 trial release orders to the national instant criminal back3 ground check system. 

4 (b) APPLICATIONS.—The chief executive of a State 

5 or Indian tribe seeking a grant under this section shall 

6 submit to the Attorney General an application at such 

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

8 the Attorney General may reasonably require. 

9 (c) COVERED PRETRIAL RELEASE ORDER DE10 FINED.—The term ‘‘covered pretrial release order’’ means 

11 an order of a State, Tribal, or local court that governs 

12 the release of an arrested person pending the trial of the 

13 person for a crime, and which prohibits the individual 

14 from possessing a firearm or ammunition (as such terms 

15 are defined in section 921 of title 18, United States Code). 

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

17 shall be in addition to any amount that the State receives 

18 pursuant to section 302(c)(19) of the Omnibus Crime 

19 Control and Safe Streets Act of 1968 (34 U.S.C. 

20 10132(c)(19)) (commonly referred to as the ‘‘National 

21 Criminal History Improvement Program’’) and section 

22 103 of the NICS Improvement Amendments Act of 2007 

23 (34 U.S.C. 40913) (commonly referred to as the ‘‘NICS 

24 Act Record Improvement Program’’). 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $25,000,000 for each of fis3 cal years 2023 through 2027 to carry out this section. 

Æ 


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