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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 374 Reported in Senate (RS)]

                                                        Calendar No. 25
113th CONGRESS
  1st Session
                                 S. 374

 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 SENATE OF THE UNITED STATES

                           February 25, 2013

  Mr. Schumer introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                             March 12, 2013

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Protecting Responsible Gun 
Sellers Act of 2013''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (1) Congress supports and respects the right to 
        bear arms found in the Second Amendment to the Constitution of 
        the United States.</DELETED>
        <DELETED>    (2) Congress supports the existing prohibition on 
        a national firearms registry.</DELETED>
        <DELETED>    (3) There are deficits in the background check 
        system in effect before the date of enactment of this Act and 
        the Department of Justice should make it a top priority to work 
        with States to swiftly input missing records, including mental 
        health records.</DELETED>
        <DELETED>    (4) If the citizens of the United States agree 
        that in order to promote safe and responsible gun ownership 
        criminals and the mentally ill should be prohibited from 
        possessing firearms, it should be incumbent upon all citizens 
        to ensure weapons are not being transferred to such 
        people.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Fix Gun Checks Act 
of 2013''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; 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. Reauthorization of NICS Act Record Improvement Program 
                            grants.
Sec. 102. Penalties for States that do not make data electronically 
                            available to the National Instant Criminal 
                            Background Check System.
Sec. 103. Clarification that Federal court information is to be made 
                            available to the National Instant Criminal 
                            Background Check System.

     TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE

Sec. 201. Purpose.
Sec. 202. Firearms transfers.
Sec. 203. Lost and stolen reporting.
Sec. 204. Effective date.

 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. REAUTHORIZATION OF NICS ACT RECORD IMPROVEMENT PROGRAM 
              GRANTS.

    (a) In General.--Section 102(b) of the NICS Improvement Amendments 
Act of 2007 (18 U.S.C. 922 note) is amended--
            (1) in paragraph (1)(C)--
                    (A) by striking clauses (ii) and (iii); and
                    (B) by redesignating clauses (iv), (v), and (vi) as 
                clauses (ii), (iii), and (iv), respectively; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Scope.--
                    ``(A) In general.--The Attorney General, in 
                determining the compliance of a State under this 
                section or section 104 for the purpose of granting a 
                waiver or imposing a loss of Federal funds, shall 
                assess the total percentage of records provided by the 
                State concerning any event occurring within the time 
                period established by the Attorney General under 
                subparagraph (B), which would disqualify a person from 
                possessing a firearm under subsection (g) or (n) of 
                section 922 of title 18, United States Code.
                    ``(B) Regulations.--Not later than 1 year after the 
                date of enactment of the Fix Gun Checks Act of 2013, 
                the Attorney General shall, through regulation, 
                establish the time period described in subparagraph 
                (A).''.
    (b) Implementation Assistance to States.--Section 103 of the NICS 
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
            (1) by striking subsection (a)(1) and inserting the 
        following:
            ``(1) In general.--From amounts made available to carry out 
        this section and subject to section 102(b)(1)(B), the Attorney 
        General shall make grants to States and Indian tribal 
        governments, in a manner consistent with the National Criminal 
        History Improvement Program, which shall be used by the States 
        and Indian tribal governments, in conjunction with units of 
        local government and State and local courts to--
                    ``(A) establish and plan information and 
                identification technologies for firearms eligibility 
                determinations; and
                    ``(B) make improvements or upgrade information and 
                identification technologies for firearms eligibility 
                determinations.'';
            (2) by striking subsections (b) and (c) and inserting the 
        following:
    ``(b) Use of Grant Amounts.--
            ``(1) In general.--Grants awarded to States or Indian 
        tribes under subsection (a)(1) may only be used to--
                    ``(A) create electronic systems, which provide 
                accurate and up-to-date information that is directly 
                related to checks under the National Instant Criminal 
                Background Check System (referred to in this section as 
                `NICS'), including court disposition and corrections 
                records;
                    ``(B) assist States in establishing or enhancing 
                their own capacities to perform NICS background checks;
                    ``(C) supply accurate and timely information to the 
                Attorney General concerning final dispositions of 
                criminal records to databases accessed by NICS;
                    ``(D) supply accurate and timely information to the 
                Attorney General concerning the identity of persons who 
                are prohibited from obtaining a firearm under section 
                922(g)(4) of title 18, United States Code, to be used 
                by the Federal Bureau of Investigation solely to 
                conduct NICS background checks;
                    ``(E) supply accurate and timely court orders and 
                records of misdemeanor crimes of domestic violence for 
                inclusion in Federal and State law enforcement 
                databases used to conduct NICS background checks; and
                    ``(F) collect and analyze data needed to 
                demonstrate levels of State compliance with this Act.
            ``(2) Additional uses.--
                    ``(A) In general.--In addition to the uses 
                described in paragraph (1)--
                            ``(i) a grant awarded under subsection 
                        (a)(1)(A) may be used to assist States in 
                        establishing or enhancing a relief from 
                        disabilities program in accordance with section 
                        105; and
                            ``(ii) a grant awarded under subsection 
                        (a)(1)(B) may be used to maintain the relief 
                        from disabilities program in accordance with 
                        section 105.
                    ``(B) Limitation.--Not less than 3 percent and no 
                more than 10 percent of each grant awarded under 
                subsection (a)(1)(B) shall be used for the purpose 
                described in subparagraph (A)(i).
    ``(c) Eligibility.--To be eligible for a grant under section 
103(a)(1)(B), a State shall certify, to the satisfaction of the 
Attorney General, that the State has implemented a relief from 
disabilities program in accordance with section 105.''; and
            (3) by striking subsection (e) and inserting the following:
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There are to be authorized to be 
        appropriated to carry out this section $100,000,000 for each of 
        fiscal years 2014 through 2018.
            ``(2) Limitations.--
                    ``(A) Use of amounts authorized.--Of the amounts 
                authorized to be appropriated for each fiscal year 
                under paragraph (1), not more than 30 percent may be 
                used to carry out subsection (a)(1)(B) .
                    ``(B) Allocations.--A State may not be awarded more 
                than 2 grants under subsection (a)(1)(B).''.

SEC. 102. PENALTIES FOR STATES THAT DO NOT MAKE DATA ELECTRONICALLY 
              AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND 
              CHECK SYSTEM.

    (a) In General.--Section 104(b) of the NICS Improvement Amendments 
Act of 2007 (18 U.S.C. 922 note) is amended by striking paragraphs (1) 
and (2) and inserting the following:
            ``(1) Discretionary reduction.--
                    ``(A) During the 2-year period beginning on the 
                date on which the Attorney General publishes final 
                rules required under section 102(b)(2)(B), the Attorney 
                General may withhold not more than 3 percent of the 
                amount that would otherwise be allocated to a State 
                under section 505 of the Omnibus Crime Control and Safe 
                Streets Act of 1968 (42 U.S.C. 3755) if the State 
                provides less than 50 percent of the records required 
                to be provided under sections 102 and 103.
                    ``(B) During the 3-year period after the expiration 
                of the period described in subparagraph (A), the 
                Attorney General may withhold 4 percent of the amount 
                that would otherwise be allocated to a State under 
                section 505 of the Omnibus Crime Control and Safe 
                Streets Act of 1968 (42 U.S.C. 3755) if the State 
                provides less than 70 percent of the records required 
                to be provided under sections 102 and 103.
            ``(2) Mandatory reduction.--After the expiration of the 
        period referred to in paragraph (1)(B), the Attorney General 
        shall withhold 5 percent of the amount that would otherwise be 
        allocated to a State under section 505 of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3755), if the 
        State provides less than 90 percent of the records required to 
        be provided under sections 102 and 103.''.
    (b) Reporting of State Compliance.--Not later than 1 year after the 
date of enactment of this Act, and every year thereafter, the Attorney 
General shall publish, and make available on a publicly accessible 
website, a report that ranks the States by the ratio of number of 
records submitted by each State under sections 102 and 103 of the NICS 
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to the 
estimated total number of available records of the State.

SEC. 103. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE 
              AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND 
              CHECK SYSTEM.

    Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18 
U.S.C. 922 note), is amended by adding at the end the following:
                    ``(F) Application to federal courts.--In this 
                paragraph--
                            ``(i) the terms `department of agency of 
                        the United States' and `Federal department or 
                        agency' include a Federal court; and
                            ``(ii) for purposes of any request, 
                        submission, or notification, the Director of 
                        the Administrative Office of the United States 
                        Courts shall perform the functions of the head 
                        of the department or agency.''.

     TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE

SEC. 201. PURPOSE.

    The purpose of this title is to extend the Brady Law background 
check procedures to all sales and transfers of firearms.

SEC. 202. FIREARMS TRANSFERS.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended--
            (1) by repealing subsection (s);
            (2) by redesignating subsection (t) as subsection (s);
            (3) in subsection (s), as redesignated--
                    (A) in paragraph (3)(C)(ii), by striking ``(as 
                defined in subsection (s)(8))''; and
                    (B) by adding at the end the following:
            ``(7) In this subsection, the term `chief law enforcement 
        officer' means the chief of police, the sheriff, or an 
        equivalent officer or the designee of any such individual.''; 
        and
            (4) by inserting after subsection (s), as redesignated, the 
        following:
    ``(t)(1) Beginning on the date that is 180 days after the date of 
enactment of this subsection, it shall be unlawful for any person who 
is not licensed under this chapter to transfer a firearm to any other 
person who is not licensed under this chapter, unless a licensed 
importer, licensed manufacturer, or licensed dealer has first taken 
possession of the firearm for the purpose of complying with subsection 
(s). Upon taking possession of the firearm, the licensee shall comply 
with all requirements of this chapter as if the licensee were 
transferring the firearm from the licensee's inventory to the 
unlicensed transferee.
    ``(2) Paragraph (1) shall not apply to--
            ``(A) bona fide gifts between spouses, between parents and 
        their children, between siblings, or between grandparents and 
        their grandchildren;
            ``(B) a transfer made from a decedent's estate, pursuant to 
        a legal will or the operation of law;
            ``(C) a temporary transfer of possession that occurs 
        between an unlicensed transferor and an unlicensed transferee, 
        if --
                    ``(i) the temporary transfer of possession occurs 
                in the home or curtilage of the unlicensed transferor;
                    ``(ii) the firearm is not removed from that home or 
                curtilage during the temporary transfer; and
                    ``(iii) the transfer has a duration of less than 7 
                days; and
            ``(D) a temporary transfer of possession without transfer 
        of title made in connection with lawful hunting or sporting 
        purposes if the transfer occurs--
                    ``(i) at a shooting range located in or on premises 
                owned or occupied by a duly incorporated organization 
                organized for conservation purposes or to foster 
                proficiency in firearms and the firearm is, at all 
                times, kept within the premises of the shooting range;
                    ``(ii) at a target firearm shooting competition 
                under the auspices of or approved by a State agency or 
                nonprofit organization and the firearm is, at all 
                times, kept within the premises of the shooting 
                competition; and
                    ``(iii) while hunting or trapping, if--
                            ``(I) the activity is legal in all places 
                        where the unlicensed transferee possesses the 
                        firearm;
                            ``(II) the temporary transfer of possession 
                        occurs during the designated hunting season; 
                        and
                            ``(III) the unlicensed transferee holds any 
                        required license or permit.
    ``(3) For purposes of this subsection, the term `transfer'--
            ``(A) shall include a sale, gift, loan, return from pawn or 
        consignment, or other disposition; and
            ``(B) shall not include temporary possession of the firearm 
        for purposes of examination or evaluation by a prospective 
        transferee while in the presence of the prospective transferee.
    ``(4)(A) Notwithstanding any other provision of this chapter, the 
Attorney General may implement this subsection with regulations.
    ``(B) Regulations promulgated under this paragraph--
            ``(i) shall include a provision setting a maximum fee that 
        may be charged by licensees for services provided in accordance 
        with paragraph (1); and
            ``(ii) shall include a provision requiring a record of 
        transaction of any transfer that occurred between an unlicensed 
        transferor and unlicensed transferee accordance with paragraph 
        (1).''.
    (b) Technical and Conforming Amendments.--
            (1) Section 922.--Section 922(y)(2) of title 18, United 
        States Code, is amended, in the matter preceding subparagraph 
        (A), by striking ``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and 
        inserting ``and (g)(5)(B)''.
            (2) Section 925a.--Section 925A of title 18, United States 
        Code, is amended, in the matter preceding paragraph (1), by 
        striking ``subsection (s) or (t) of section 922'' and inserting 
        ``section 922(s)''.

SEC. 203. LOST AND STOLEN REPORTING.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended by adding at the end--
    ``(aa) It shall be unlawful for any person who lawfully possesses 
or owns a firearm that has been shipped or transported in, or has been 
possessed in or affecting, interstate or foreign commerce, to fail to 
report the theft or loss of the firearm, within 24 hours after the 
person discovers the theft or loss, to the Attorney General and to the 
appropriate local authorities.''.
    (b) Penalty.--Section 924(a)(1) of title 18, United States Code, is 
amended by striking subparagraph (B) and inserting the following:
            ``(B) knowingly violates subsection (a)(4), (f), (k), (q), 
        or (aa) of section 922;''.

SEC. 204. EFFECTIVE DATE.

    The amendments made by this Act shall take effect 180 days after 
the date of enactment of this Act.
                                                        Calendar No. 25

113th CONGRESS

  1st Session

                                 S. 374

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 12, 2013

                       Reported with an amendment
```