Preventing Pretrial Gun Purchases Act

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. Short title This Act may be cited as the Preventing Pretrial Gun Purchases Act 2. Amendments to the Gun Control Act of 1968 (a) Section 921 Section 921(a) of title 18, United States Code, is amended by adding at the end the following: (36) The term pretrial release order . (b) Section 922 Section 922 of title 18, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (8), by striking or (B) in paragraph (9), by striking the period and inserting ; or (C) by inserting after paragraph (9) the following: (10) is subject to a pretrial release order that prohibits the person from purchasing, possessing, or receiving firearms. ; and (2) in subsection (t)— (A) in paragraph (1)(B)(ii), by striking receipt of a firearm section knowing sale or disposition of a firearm by the licensee to such other person or the receipt of a firearm by such other person would violate subsection (d), (g), or (n) of this section (B) in paragraph (2), by striking receipt (n) the knowing sale or disposition of a firearm to the person or the receipt of a firearm by the person would not violate subsection (d), (g), or (n) (C) in paragraph (3)(A)(ii), by striking that possession that knowing sale or disposition of a firearm by a licensee to such other person or possession (D) in paragraph (4), by striking receipt (n) knowing sale or disposition of a firearm by a licensee to such other person or the receipt of a firearm by such other person would violate subsection (d), (g), or (n) (E) in paragraph (5), by striking receipt (n) knowing sale or disposition of a firearm by a licensee to such other person or receipt of a firearm by such other person would violate subsection (d), (g), or (n) 3. Conforming amendments (a) Section 923 Section 923(d)(1)(B) of title 18, United States Code, is amended by striking under section 922(g) and (n) of this chapter by subsection (g) or (n) of section 922 and is not a person to whom the knowing sale or disposition of any firearm or ammunition is prohibited by section 922(d) (b) Section 925A Section 925A(2) of title 18, United States Code, is amended by inserting and to whom the knowing sale or disposition of a firearm was not prohibited by subsection (d) of that section or State law (c) Brady Handgun Violence Prevention Act Section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 (1) in subsection (e)(1)— (A) in subparagraph (A), by striking for whom receipt (g) to whom the knowing sale or disposition of or for whom receipt of a firearm would violate subsection (d), (g), (B) in subparagraph (C), by striking (g) (d), (g), (C) in subparagraph (F)(iii)(I), by striking (g) or (n) (d), (g), or (n) (D) in subparagraph (G)(i), by striking (g) or (n) (d), (g), or (n) (2) in subsection (g), by striking receipt of a firearm by a prospective transferee would violate subsection (g) or (n) the knowing sale or disposition of a firearm to or receipt of a firearm by a prospective transferee would violate subsection (d), (g), or (n) (3) in subsection (i)(2), by striking all that follows after respect to persons, to whom the knowing sale or disposition of, or for whom receipt of, a firearm is prohibited by subsection (d), (g), or (n) of section 922 of title 18, United States Code, or State law. (d) NICS Improvement Amendments Act of 2007 Title I of the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40911 et seq. (1) in section 101(b) ( 34 U.S.C. 40911(b) (A) in paragraph (1)(A), by striking a person is disqualified from possessing or receiving a firearm under subsection (g) the knowing sale or disposition of a firearm to a person or receipt of a firearm by a person is prohibited by subsection (d), (g), (B) in paragraph (2)(A)— (i) by striking after the after a court martial imposes a pretrial release order or the (ii) by striking a member of the Armed Forces involved in such proceeding is disqualified from possessing or receiving a firearm under subsection (g) or (n) the knowing sale or disposition of a firearm to or receipt of a firearm by a member of the Armed Forces is prohibited by subsection (d), (g), or (n) (2) in section 102 ( 34 U.S.C. 40912 (A) in subsection (b)(3), by striking are prohibited from possessing or receiving a firearm under subsection (g) are described in one of the categories under subsection (d), (g), (B) in subsection (c)(1)(A), by inserting the knowing sale or disposition of a firearm to a person would be prohibited under subsection (d) of section 922 of title 18, United States Code, or applicable State law or whether determination of whether 4. Funds for States that report pretrial orders restricting firearm possession to NICS (a) Definition In this section, the term covered pretrial release order (b) Authorization The Attorney General may make grants to States and Indian Tribes for the purpose of reporting information about covered pretrial release orders to the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 (c) Applications The chief executive of a State or Indian Tribe seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require. (d) Clarification Grants made under this section shall be in addition to any amount that a State or Indian Tribe receives under section 302(c)(19) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10132(c)(19) National Criminal History Improvement Program 34 U.S.C. 40913 NICS Act Record Improvement Program (e) Authorization of appropriations There is authorized to be appropriated $25,000,000 for each of fiscal years 2023 through 2027 to carry out this section.

Summary: Preventing Pretrial Gun Purchases Act This bill prohibits the sale or disposition of a firearm or ammunition to a person who is subject to a pretrial release order that prohibits the person from purchasing, possessing, or receiving firearms. It also establishes grants for states and Indian tribes to report information about pretrial release orders to the National Instant Criminal Background Check System.