I 
117TH CONGRESS 
1ST SESSION H. R. 1769 
To provide for the reporting to State and local law enforcement authorities 
of cases in which the national instant criminal background check system 
indicates that a firearm has been sought to be acquired by a prohibited 
person, so that authorities may pursue criminal charges under State 
law, and to ensure that the Department of Justice reports to Congress 
on prosecutions secured against prohibited persons who attempt to ac-
quire a firearm. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 10, 2021 
Mr. QUIGLEY (for himself, Mr. FITZPATRICK, Mr. SWALWELL, and Mr. DIAZ- 
BALART) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To provide for the reporting to State and local law enforce-
ment authorities of cases in which the national instant 
criminal background check system indicates that a fire-
arm has been sought to be acquired by a prohibited 
person, so that authorities may pursue criminal charges 
under State law, and to ensure that the Department 
of Justice reports to Congress on prosecutions secured 
against prohibited persons who attempt to acquire a fire-
arm. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
19:43 May 03, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1769.IH
H1769
pamtmann on DSKBC07HB2PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘NICS Denial Notifica-
tion Act of 2021’’. 
SEC. 2. REPORTING OF BACKGROUND CHECK DENIALS. 
(a) IN GENERAL.—Chapter 44 of title 18, United 
States Code, is amended by inserting after section 925A 
the following: 
‘‘§ 925B. Reporting of background check denials to 
State authorities 
‘‘(a) IN GENERAL.—If the national instant criminal 
background check system established under section 103 
of the Brady Handgun Violence Prevention Act (18 U.S.C. 
922 note) provides a notice pursuant to section 922(t) of 
this title that the receipt of a firearm by a person would 
violate subsection (g) or (n) of section 922 of this title 
or State law, the Attorney General shall, in accordance 
with subsection (b) of this section— 
‘‘(1) report to the law enforcement authorities 
of the State where the person sought to acquire the 
firearm and, if different, the law enforcement au-
thorities of the State of residence of the person— 
‘‘(A) that the notice was provided; 
‘‘(B) of the specific provision of law that 
would have been violated; 
‘‘(C) of the date and time the notice was 
provided; 
VerDate Sep 11 2014 
19:43 May 03, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1769.IH
H1769
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(D) of the location where the firearm was 
sought to be acquired; and 
‘‘(E) of the identity of the person; and 
‘‘(2) where practicable, report the incident to 
local law enforcement authorities and State and local 
prosecutors in the jurisdiction where the firearm was 
sought and in the jurisdiction where the person re-
sides. 
‘‘(b) REQUIREMENTS
FOR REPORT.—A report is 
made in accordance with this subsection if the report is 
made within 24 hours after the provision of the notice de-
scribed in subsection (a), except that the making of the 
report may be delayed for so long as is necessary to avoid 
compromising an ongoing investigation. 
‘‘(c) RULE
OF CONSTRUCTION.—Nothing in sub-
section (a) shall be construed to require a report with re-
spect to a person to be made to the same State authorities 
that originally issued the notice with respect to the per-
son.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for such chapter is amended by inserting after the item 
relating to section 925A the following: 
‘‘925B. Reporting of background check denials to State authorities.’’. 
VerDate Sep 11 2014 
19:43 May 03, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6211
E:\BILLS\H1769.IH
H1769
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 3. ANNUAL REPORT TO CONGRESS. 
(a) IN GENERAL.—Chapter 44 of title 18, United 
States Code, as amended by section 2(a) of this Act, is 
amended by inserting after section 925B the following: 
‘‘§ 925C. Annual report to Congress 
‘‘Not later than 1 year after the date of the enact-
ment of this section, and annually thereafter, the Attorney 
General shall submit to the Congress a report detailing 
the following, broken down by Federal judicial district: 
‘‘(1) With respect to each category of persons 
prohibited by section 922(g) from receiving or pos-
sessing a firearm who are so denied a firearm— 
‘‘(A) the number of cases referred to the 
Bureau of Alcohol, Tobacco, Firearms and Ex-
plosives; 
‘‘(B) the number of cases with respect to 
which an investigation was opened by a field di-
vision of the Bureau of Alcohol, Tobacco, Fire-
arms and Explosives; 
‘‘(C) the number of arrests made; and 
‘‘(D) the number of convictions obtained 
by Federal authorities in connection with the 
denial. 
‘‘(2) The number of background check notices 
reported to State authorities pursuant to section 
925B (including the number of the notices that 
VerDate Sep 11 2014 
02:38 May 11, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1769.IH
H1769
pamtmann on DSKBC07HB2PROD with BILLS
would have been so reported but for section 
925B(c)).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for such chapter, as amended by section 2(b) of this Act, 
is amended by inserting after the item relating to section 
925B the following: 
‘‘925C. Annual report to Congress.’’. 
Æ 
VerDate Sep 11 2014 
19:43 May 03, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H1769.IH
H1769
pamtmann on DSKBC07HB2PROD with BILLS