Enhanced Background Checks Act of 2019

To amend chapter 44 1. Short title This Act may be cited as the Enhanced Background Checks Act of 2019 2. Strengthening of background check procedures to be followed before a Federal firearms licensee may transfer a firearm to a person who is not such a licensee Section 922(t)(1)(B)(ii) of title 18, United States Code is amended— (1) in paragraph (1)(B), by striking clause (ii) and inserting the following: (ii) in the event the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section— (I) not fewer than 10 business days (meaning a day on which State offices are open) has elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section, and the other person has submitted, electronically through a website established by the Attorney General or by first-class mail, a petition for review which— (aa) certifies that such other person has no reason to believe that such other person is prohibited by Federal, State, or local law from purchasing or possessing a firearm; and (bb) requests that the system respond to the contact referred to in subparagraph (A) within 10 business days after the date the petition was submitted (or, if the petition is submitted by first-class mail, the date the letter containing the petition is postmarked); and (II) 10 business days have elapsed since the other person so submitted the petition, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; and ; and (2) by adding at the end the following: (7) The Attorney General shall— (A) prescribe the form on which a petition shall be submitted pursuant to paragraph (1)(B)(ii); (B) make the form available electronically, and provide a copy of the form to all licensees referred to in paragraph (1); (C) provide the petitioner and the licensee involved written notice of receipt of the petition, either electronically or by first-class mail; and (D) respond on an expedited basis to any such petition received by the Attorney General. . 3. New terminology for those with mental illness Section 922 of title 18, United States Code, is amended in each of subsections (d)(4) and (g)(4) by striking adjudicated as a mental defective adjudicated with mental illness, severe developmental disability, or severe emotional instability February 22, 2019 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: Enhanced Background Checks Act of 2019 This bill revises background check requirements applicable to proposed firearm transfers from a federal firearms licensee (e.g., a licensed gun dealer) to an unlicensed person. (Sec. 2) First, it increases the amount of time, from 3 business days to a minimum of 10 business days, that a federal firearms licensee must wait to receive a completed background check prior to transferring a firearm to an unlicensed person. (This type of transaction is often referred to as a default proceed transaction.) If a submitted background check remains incomplete after 10 business days, then the prospective purchaser may submit a petition for a final firearms eligibility determination. If an additional 10 days elapse without a final determination, then the federal firearms licensee may transfer the firearm to the prospective purchaser. (Sec. 3) It requires the Government Accountability Office to report on the extent to which the changes have prevented firearms transfers to prohibited persons. (Sec. 4) The Federal Bureau of Investigation must report on the number of petitions it receives for final federal firearms determinations. (Sec. 5) Additionally, the bill modifies statutory references with respect to a particular category of prohibited persons (i.e., persons barred from receiving or possessing a firearm). Specifically, it replaces references to persons adjudicated as a mental defective with persons adjudicated with mental illness, severe developmental disability, or severe emotional instability. (Sec. 6) The Department of Justice, in consultation with the National Resource Center on Domestic Violence and Firearms, must report on further amendments to the background check process that would likely reduce the risk of death or great bodily harm to victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking.