I 
114TH CONGRESS 
1ST SESSION H. R. 1217 
To protect Second Amendment rights, ensure that all individuals who should 
be prohibited from buying a firearm are listed in the National Instant 
Criminal Background Check System, and provide a responsible and con-
sistent background check process. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2015 
Mr. KING of New York (for himself, Mr. THOMPSON of California, Mr. 
FITZPATRICK, Mr. MEEHAN, Ms. ESTY, Mr. DOLD, Miss RICE of New 
York, and Mr. THOMPSON of Mississippi) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committee on Veterans’ Affairs, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To protect Second Amendment rights, ensure that all individ-
uals who should be prohibited from buying a firearm 
are listed in the National Instant Criminal Background 
Check System, and provide a responsible and consistent 
background check process. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Public Safety and Second Amendment Rights Protection 
Act of 2015’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Rule of construction. 
Sec. 4. Severability. 
TITLE I—ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE 
PROHIBITED FROM BUYING A GUN ARE LISTED IN THE NA-
TIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM 
Sec. 101. Reauthorization of the National Criminal History Records Improve-
ment Program. 
Sec. 102. Improvement of metrics and incentives. 
Sec. 103. Grants to States for improvement of coordination and automation of 
NICS record reporting. 
Sec. 104. Relief from disabilities program. 
Sec. 105. Additional protections for veterans. 
Sec. 106. Clarification that Federal court information is to be made available 
to the National Instant Criminal Background Check System. 
Sec. 107. Clarification that submission of mental health records to the National 
Instant Criminal Background Check System is not prohibited 
by the Health Insurance Portability and Accountability Act. 
Sec. 108. Publication of NICS index statistics. 
Sec. 109. Effective date. 
TITLE II—PROVIDING A RESPONSIBLE AND CONSISTENT 
BACKGROUND CHECK PROCESS 
Sec. 201. Purpose. 
Sec. 202. Firearms transfers. 
Sec. 203. Penalties. 
Sec. 204. Firearms dispositions. 
Sec. 205. Firearm dealer access to law enforcement information. 
Sec. 206. Dealer location. 
Sec. 207. Residence of United States officers. 
Sec. 208. Interstate transportation of firearms or ammunition. 
Sec. 209. Rule of construction. 
Sec. 210. Effective date. 
TITLE III—NATIONAL COMMISSION ON MASS VIOLENCE 
Sec. 301. Short title. 
Sec. 302. National Commission on Mass Violence. 
Sec. 303. Duties of the Commission. 
Sec. 304. Powers of the Commission. 
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Sec. 305. Commission personnel matters. 
Sec. 306. Authorization of appropriations. 
Sec. 307. Termination of the Commission. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Congress supports, respects, and defends 
the fundamental, individual right to keep and bear 
arms guaranteed by the Second Amendment to the 
Constitution of the United States. 
(2) Congress supports and reaffirms the exist-
ing prohibition on a national firearms registry. 
(3) Congress believes the Department of Justice 
should prosecute violations of background check re-
quirements to the maximum extent of the law. 
(4) There are deficits in the background check 
system in existence prior to 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. 
(5) Congress and the citizens of the United 
States agree that in order to promote safe and re-
sponsible gun ownership, dangerous criminals and 
the seriously mentally ill should be prohibited from 
possessing firearms; therefore, it should be incum-
bent upon all citizens to ensure weapons are not 
being transferred to such people. 
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SEC. 3. RULE OF CONSTRUCTION. 
Nothing in this Act, or any amendment made by this 
Act, shall be construed to— 
(1) expand in any way the enforcement author-
ity or jurisdiction of the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives; or 
(2) allow the establishment, directly or indi-
rectly, of a Federal firearms registry. 
SEC. 4. SEVERABILITY. 
If any provision of this Act or an amendment made 
by this Act, or the application of a provision or amend-
ment to any person or circumstance, is held to be invalid 
for any reason in any court of competent jurisdiction, the 
remainder of this Act and amendments made by this Act, 
and the application of the provisions and amendment to 
any other person or circumstance, shall not be affected. 
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TITLE I—ENSURING THAT ALL 
INDIVIDUALS WHO SHOULD 
BE PROHIBITED FROM BUY-
ING A GUN ARE LISTED IN 
THE 
NATIONAL 
INSTANT 
CRIMINAL 
BACKGROUND 
CHECK SYSTEM 
SEC. 101. REAUTHORIZATION OF THE NATIONAL CRIMINAL 
HISTORY 
RECORDS 
IMPROVEMENT 
PRO-
GRAM. 
Section 106(b) of Public Law 103–159 (18 U.S.C. 
922 note) is amended— 
(1) in paragraph (1), in the matter preceding 
subparagraph (A), by striking ‘‘of this Act’’ and in-
serting ‘‘of the Public Safety and Second Amend-
ment Rights Protection Act of 2015’’; and 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated for grants 
under this subsection $100,000,000 for each of fis-
cal years 2016 through 2019.’’. 
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SEC. 102. IMPROVEMENT OF METRICS AND INCENTIVES. 
Section 102(b) of the NICS Improvement Amend-
ments Act of 2007 (18 U.S.C. 922 note) is amended to 
read as follows: 
‘‘(b) IMPLEMENTATION PLAN.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Public Safety and Sec-
ond Amendment Rights Protection Act of 2015, the 
Attorney General, in coordination with the States, 
shall establish, for each State or Indian tribal gov-
ernment applying for a grant under section 103, a 
4-year implementation plan to ensure maximum co-
ordination and automation of the reporting of 
records or making of records available to the Na-
tional Instant Criminal Background Check System. 
‘‘(2) BENCHMARK
REQUIREMENTS.—Each 4- 
year plan established under paragraph (1) shall in-
clude annual benchmarks, including both qualitative 
goals and quantitative measures, to enable the At-
torney General to assess implementation of the 4- 
year plan. 
‘‘(3) PENALTIES FOR NON-COMPLIANCE.— 
‘‘(A) IN GENERAL.—During the 4-year pe-
riod covered by a 4-year plan established under 
paragraph (1), the Attorney General shall with-
hold— 
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‘‘(i) 10 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 does not meet 
the benchmark established under para-
graph (2) for the first year in the 4-year 
period; 
‘‘(ii) 11 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 does not meet 
the benchmark established under para-
graph (2) for the second year in the 4-year 
period; 
‘‘(iii) 13 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 does not meet 
the benchmark established under para-
graph (2) for the third year in the 4-year 
period; and 
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‘‘(iv) 15 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 does not meet 
the benchmark established under para-
graph (2) for the fourth year in the 4-year 
period. 
‘‘(B) FAILURE TO ESTABLISH A PLAN.—A 
State that fails to establish a plan under para-
graph (1) shall be treated as having not met 
any benchmark established under paragraph 
(2).’’. 
SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF CO-
ORDINATION AND AUTOMATION OF NICS 
RECORD REPORTING. 
(a) IN GENERAL.—The NICS Improvement Amend-
ments Act of 2007 (18 U.S.C. 922 note) is amended— 
(1) by striking section 103 and inserting the 
following: 
‘‘SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF CO-
ORDINATION AND AUTOMATION OF NICS 
RECORD REPORTING. 
‘‘(a) AUTHORIZATION.—From amounts made avail-
able to carry out this section, the Attorney General shall 
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make grants to States, Indian Tribal governments, and 
State court systems, in a manner consistent with the Na-
tional Criminal History Improvement Program and con-
sistent with State plans for integration, automation, and 
accessibility of criminal history records, for use by the 
State, or units of local government of the State, Indian 
Tribal government, or State court system to improve the 
automation and transmittal of mental health records and 
criminal history dispositions, records relevant to deter-
mining whether a person has been convicted of a mis-
demeanor crime of domestic violence, court orders, and 
mental health adjudications or commitments to Federal 
and State record repositories in accordance with section 
102 and the National Criminal History Improvement Pro-
gram. 
‘‘(b) USE OF GRANT AMOUNTS.—Grants awarded to 
States, Indian Tribal governments, or State court systems 
under this section may only be used to— 
‘‘(1) carry out, as necessary, assessments of the 
capabilities of the courts of the State or Indian Trib-
al government for the automation and transmission 
of arrest and conviction records, court orders, and 
mental health adjudications or commitments to Fed-
eral and State record repositories; 
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‘‘(2) implement policies, systems, and proce-
dures for the automation and transmission of arrest 
and conviction records, court orders, and mental 
health adjudications or commitments to Federal and 
State record repositories; 
‘‘(3) create electronic systems that provide ac-
curate and up-to-date information which is directly 
related to checks under the National Instant Crimi-
nal Background Check System, including court dis-
position and corrections records; 
‘‘(4) assist States or Indian Tribal governments 
in establishing or enhancing their own capacities to 
perform background checks using the National In-
stant Criminal Background Check System; and 
‘‘(5) develop and maintain the relief from dis-
abilities program in accordance with section 105. 
‘‘(c) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—To be eligible for a grant 
under this section, a State, Indian Tribal govern-
ment, or State court system shall certify, to the sat-
isfaction of the Attorney General, that the State, In-
dian Tribal government, or State court system— 
‘‘(A) is not prohibited by State law or 
court order from submitting mental health 
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records to the National Instant Criminal Back-
ground Check System; and 
‘‘(B) subject to paragraph (2), has imple-
mented a relief from disabilities program in ac-
cordance with section 105. 
‘‘(2) RELIEF FROM DISABILITIES PROGRAM.— 
For purposes of obtaining a grant under this sec-
tion, a State, Indian Tribal government, or State 
court system shall not be required to meet the eligi-
bility requirement described in paragraph (1)(B) 
until the date that is 2 years after the date of enact-
ment of the Public Safety and Second Amendment 
Rights Protection Act of 2015. 
‘‘(d) FEDERAL SHARE.— 
‘‘(1) STUDIES, ASSESSMENTS, NON-MATERIAL 
ACTIVITIES.—The Federal share of a study, assess-
ment, creation of a task force, or other non-material 
activity, as determined by the Attorney General, car-
ried out with a grant under this section shall be not 
more than 25 percent. 
‘‘(2) INFRASTRUCTURE OR SYSTEM DEVELOP-
MENT.—The Federal share of an activity involving 
infrastructure or system development, including 
labor-related costs, for the purpose of improving 
State or Indian Tribal government record reporting 
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to the National Instant Criminal Background Check 
System carried out with a grant under this section 
may amount to 100 percent of the cost of the activ-
ity. 
‘‘(e) GRANTS TO INDIAN TRIBES.—Up to 5 percent 
of the grant funding available under this section may be 
reserved for Indian tribal governments for use by Indian 
tribal judicial systems. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$100,000,000 for each of fiscal years 2016 through 
2019.’’; 
(2) by striking title III; and 
(3) in section 401(b), by inserting after ‘‘of this 
Act’’ the following: ‘‘and 18 months after the date 
of enactment of the Public Safety and Second 
Amendment Rights Protection Act of 2015’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections in section 1(b) of the NICS Improve-
ment Amendments Act of 2007 (18 U.S.C. 922 note) is 
amended by striking the item relating to section 103 and 
inserting the following: 
‘‘Sec. 103. Grants to States for improvement of coordination and automation 
of NICS record reporting.’’. 
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SEC. 104. RELIEF FROM DISABILITIES PROGRAM. 
Section 105 of the NICS Improvement Amendments 
Act of 2007 (18 U.S.C. 922 note) is amended by adding 
at the end the following: 
‘‘(c) PENALTIES FOR NON-COMPLIANCE.— 
‘‘(1) 10 PERCENT REDUCTION.—During the 1- 
year period beginning 2 years after the date of en-
actment of the Public Safety and Second Amend-
ment Rights Protection Act of 2015, the Attorney 
General shall withhold 10 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 
has not implemented a relief from disabilities pro-
gram in accordance with this section. 
‘‘(2) 11 PERCENT REDUCTION.—During the 1- 
year period after the expiration of the period de-
scribed in paragraph (1), the Attorney General shall 
withhold 11 percent of the amount that would other-
wise 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 has not imple-
mented a relief from disabilities program in accord-
ance with this section. 
‘‘(3) 13 PERCENT REDUCTION.—During the 1- 
year period after the expiration of the period de-
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scribed in paragraph (2), the Attorney General shall 
withhold 13 percent of the amount that would other-
wise 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 has not imple-
mented a relief from disabilities program in accord-
ance with this section. 
‘‘(4) 15 PERCENT REDUCTION.—After the expi-
ration of the 1-year period described in paragraph 
(3), the Attorney General shall withhold 15 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 has not implemented a relief from 
disabilities program in accordance with this section. 
‘‘(5) REALLOCATION.—Amounts not allocated 
under section 505 of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3755) to 
a State for failure to implement a relief from disabil-
ities program shall be reallocated to States that are 
in compliance.’’. 
SEC. 105. ADDITIONAL PROTECTIONS FOR VETERANS. 
(a) IN GENERAL.—Chapter 55 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
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‘‘§ 5511. Conditions for treatment of certain persons 
as adjudicated mentally incompetent for 
certain purposes 
‘‘(a) IN GENERAL.—In any case arising out of the 
administration by the Secretary of laws and benefits under 
this title, a person who is determined by the Secretary to 
be mentally incompetent shall not be considered adju-
dicated pursuant to subsection (d)(4) or (g)(4) of section 
922 of title 18 until— 
‘‘(1) in the case in which the person does not 
request a review as described in subsection (c)(1), 
the end of the 30-day period beginning on the date 
on which the person receives notice submitted under 
subsection (b); or 
‘‘(2) in the case in which the person requests a 
review as described in paragraph (1) of subsection 
(c), upon an assessment by the board designated or 
established under paragraph (2) of such subsection 
or court of competent jurisdiction that a person can-
not safely use, carry, possess, or store a firearm due 
to mental incompetency. 
‘‘(b) NOTICE.—Notice submitted under this sub-
section to a person described in subsection (a) is notice 
submitted by the Secretary that notifies the person of the 
following: 
‘‘(1) The determination made by the Secretary. 
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‘‘(2) A description of the implications of being 
considered adjudicated as a mental defective under 
subsection (d)(4) or (g)(4) of section 922 of title 18. 
‘‘(3) The person’s right to request a review 
under subsection (c)(1). 
‘‘(c) ADMINISTRATIVE REVIEW.—(1) Not later than 
30 days after the date on which a person described in sub-
section (a) receives notice submitted under subsection (b), 
such person may request a review by the board designed 
or established under paragraph (2) or a court of com-
petent jurisdiction to assess whether a person cannot safe-
ly use, carry, possess, or store a firearm due to mental 
incompetency. In such assessment, the board may consider 
the person’s honorable discharge or decoration. 
‘‘(2) Not later than 180 days after the date of enact-
ment of the Public Safety and Second Amendment Rights 
Protection Act of 2015, the Secretary shall designate or 
establish a board that shall, upon request of a person 
under paragraph (1), assess whether a person cannot safe-
ly use, carry, possess, or store a firearm due to mental 
incompetency. 
‘‘(d) JUDICIAL REVIEW.—Not later than 30 days 
after the date of an assessment of a person under sub-
section (c) by the board designated or established under 
paragraph (2) of such subsection, such person may file 
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a petition for judicial review of such assessment with a 
Federal court of competent jurisdiction. 
‘‘(e) PROTECTING RIGHTS OF VETERANS WITH EX-
ISTING RECORDS.—Not later than 90 days after the date 
of enactment of the Public Safety and Second Amendment 
Rights Protection Act of 2015, the Secretary shall provide 
written notice of the opportunity for administrative review 
and appeal under subsection (c) to all persons who, on 
the date of enactment of the Public Safety and Second 
Amendment Rights Protection Act of 2015, are considered 
adjudicated pursuant to subsection (d)(4) or (g)(4) of sec-
tion 922 of title 18 as a result of having been found by 
the Department of Veterans Affairs to be mentally incom-
petent. 
‘‘(f) FUTURE DETERMINATIONS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the enactment of the Public Safety and Second 
Amendment Rights Protection Act of 2015, the Sec-
retary shall review the policies and procedures by 
which individuals are determined to be mentally in-
competent, and shall revise such policies and proce-
dures as necessary to ensure that any individual who 
is competent to manage his own financial affairs, in-
cluding his receipt of Federal benefits, but who vol-
untarily turns over the management thereof to a fi-
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duciary is not considered adjudicated pursuant to 
subsection (d)(4) or (g)(4) of section 922 of title 18. 
‘‘(2) REPORT.—Not later than 30 days after 
the Secretary has made the review and changes re-
quired under paragraph (1), the Secretary shall sub-
mit to Congress a report detailing the results of the 
review and any resulting policy and procedural 
changes.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 55 of such title is amended 
by adding at the end the following new item: 
‘‘5511. Conditions for treatment of certain persons as adjudicated mentally in-
competent for certain purposes.’’. 
(c) APPLICABILITY.—Section 5511 of title 38, United 
States Code (as added by this section), shall apply only 
with respect to persons who are determined by the Sec-
retary of Veterans Affairs, on or after the date of the en-
actment of this Act, to be mentally incompetent, except 
that those persons who are provided notice pursuant to 
section 5511(e) of such title shall be entitled to use the 
administrative review under section 5511(c) of such title 
and, as necessary, the subsequent judicial review under 
section 5511(d) of such title. 
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SEC. 106. CLARIFICATION THAT FEDERAL COURT INFOR-
MATION IS TO BE MADE AVAILABLE TO THE 
NATIONAL INSTANT CRIMINAL BACKGROUND 
CHECK SYSTEM. 
Section 103(e)(1) of Public Law 103–159 (18 U.S.C. 
922 note) is amended by adding at the end the following: 
‘‘(F) 
APPLICATION
TO
FEDERAL 
COURTS.—In this subsection— 
‘‘(i) the terms ‘department or agency 
of the United States’ and ‘Federal depart-
ment or agency’ include a Federal court; 
and 
‘‘(ii) for purposes of any request, sub-
mission, 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.’’. 
SEC. 107. CLARIFICATION THAT SUBMISSION OF MENTAL 
HEALTH RECORDS TO THE NATIONAL IN-
STANT CRIMINAL BACKGROUND CHECK SYS-
TEM IS NOT PROHIBITED BY THE HEALTH IN-
SURANCE 
PORTABILITY 
AND 
ACCOUNT-
ABILITY ACT. 
Information collected under section 102(c)(3) of the 
NICS Improvement Amendments Act of 2007 (18 U.S.C. 
922 note) to assist the Attorney General in enforcing sec-
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tion 922(g)(4) of title 18, United States Code, shall not 
be subject to the regulations promulgated under section 
264(c) of the Health Insurance Portability and Account-
ability Act of 1996 (42 U.S.C. 1320d–2 note). 
SEC. 108. PUBLICATION OF NICS INDEX STATISTICS. 
Not later than 180 days after the date of enactment 
of this Act, and biannually thereafter, the Attorney Gen-
eral shall make the National Instant Criminal Background 
Check System index statistics available on a publically ac-
cessible Internet website. 
SEC. 109. EFFECTIVE DATE. 
The amendments made by this title shall take effect 
180 days after the date of enactment of this Act. 
TITLE II—PROVIDING A RESPON-
SIBLE 
AND 
CONSISTENT 
BACKGROUND CHECK PROC-
ESS 
SEC. 201. PURPOSE. 
The purpose of this title is to enhance the current 
background check process in the United States to ensure 
criminals and the mentally ill are not able to purchase fire-
arms. 
SEC. 202. FIREARMS TRANSFERS. 
(a) IN GENERAL.—Section 922 of title 18, United 
States Code, is amended— 
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(1) by repealing subsection (s); 
(2) by redesignating subsection (t) as sub-
section (s); 
(3) in subsection (s), as redesignated— 
(A) in paragraph (1)(B)— 
(i) in clause (i), by striking ‘‘or’’; 
(ii) in clause (ii), by striking ‘‘and’’ at 
the end; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) in the case of an instant background 
check conducted at a gun show or event during the 
4-year period beginning on the effective date under 
section 210(a) of the Public Safety and Second 
Amendment Rights Protection Act of 2015, 48 
hours have 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; or 
‘‘(iv) in the case of an instant background 
check conducted at a gun show or event after the 4- 
year period described in clause (iii), 24 hours have 
elapsed since the licensee contacted the system, and 
the system has not notified the licensee that the re-
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ceipt of a firearm by such other person would violate 
subsection (g) or (n) of this section; and’’; 
(B) in paragraph (3)(C)(ii), by striking 
‘‘(as defined in subsection (s)(8))’’; and 
(C) by adding at the end the following: 
‘‘(7) In this subsection— 
‘‘(A) the term ‘chief law enforcement offi-
cer’ means the chief of police, the sheriff, or an 
equivalent officer or the designee of any such 
individual; and 
‘‘(B) the term ‘gun show or event’ has the 
meaning given the term in subsection (t)(7). 
‘‘(8) The Federal Bureau of Investigation shall 
not charge a user fee for a background check con-
ducted pursuant to this subsection. 
‘‘(9) Notwithstanding any other provision of 
this chapter, upon receiving a request for an instant 
background check that originates from a gun show 
or event, the system shall complete the instant back-
ground check before completing any pending instant 
background check that did not originate from a gun 
show or event.’’; and 
(4) by inserting after subsection (s), as redesig-
nated, the following: 
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‘‘(t)(1) Beginning on the date that is 180 days after 
the date of enactment of this subsection and except as pro-
vided in paragraph (2), it shall be unlawful for any person 
other than a licensed dealer, licensed manufacturer, or li-
censed importer to complete the transfer of a firearm to 
any other person who is not licensed under this chapter, 
if such transfer occurs— 
‘‘(A) at a gun show or event, on the curtilage 
thereof; or 
‘‘(B) pursuant to an advertisement, posting, 
display or other listing on the Internet or in a publi-
cation by the transferor of his intent to transfer, or 
the transferee of his intent to acquire, the firearm. 
‘‘(2) Paragraph (1) shall not apply if— 
‘‘(A) the transfer is made after a licensed im-
porter, licensed manufacturer, or licensed dealer has 
first taken possession of the firearm for the purpose 
of complying with subsection (s), and upon taking 
possession of the firearm, the licensee complies with 
all requirements of this chapter as if the licensee 
were transferring the firearm from the licensee’s 
business inventory to the unlicensed transferee, ex-
cept that when processing a transfer under this 
chapter the licensee may accept in lieu of conducting 
a background check a valid permit issued within the 
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previous 5 years by a State, or a political subdivision 
of a State, that allows the transferee to possess, ac-
quire, or carry a firearm, if the law of the State, or 
political subdivision of a State, that issued the per-
mit requires that such permit is issued only after an 
authorized government official has verified that the 
information available to such official does not indi-
cate that possession of a firearm by the unlicensed 
transferee would be in violation of Federal, State, or 
local law; 
‘‘(B) the transfer is made between an unli-
censed transferor and an unlicensed transferee resid-
ing in the same State, which takes place in such 
State, if— 
‘‘(i) the Attorney General certifies that 
State in which the transfer takes place has in 
effect requirements under law that are generally 
equivalent to the requirements of this section; 
and 
‘‘(ii) the transfer was conducted in compli-
ance with the laws of the State; 
‘‘(C) the transfer is made between spouses, be-
tween parents or spouses of parents and their chil-
dren or spouses of their children, between siblings or 
spouses of siblings, or between grandparents or 
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spouses of grandparents and their grandchildren or 
spouses of their grandchildren, or between aunts or 
uncles or their spouses and their nieces or nephews 
or their spouses, or between first cousins, if the 
transferor does not know or have reasonable cause 
to believe that the transferee is prohibited from re-
ceiving or possessing a firearm under Federal, State, 
or local law; or 
‘‘(D) the Attorney General has approved the 
transfer under section 5812 of the Internal Revenue 
Code of 1986. 
‘‘(3) A licensed importer, licensed manufacturer, or 
licensed dealer who processes a transfer of a firearm au-
thorized under paragraph (2)(A) shall not be subject to 
a license revocation or license denial based solely upon a 
violation of those paragraphs, or a violation of the rules 
or regulations promulgated under this paragraph, unless 
the licensed importer, licensed manufacturer, or licensed 
dealer— 
‘‘(A) knows or has reasonable cause to believe 
that the information provided for purposes of identi-
fying the transferor, transferee, or the firearm is 
false; 
‘‘(B) knows or has reasonable cause to believe 
that the transferee is prohibited from purchasing, 
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receiving, or possessing a firearm by Federal or 
State law, or published ordinance; or 
‘‘(C) knowingly violates any other provision of 
this chapter, or the rules or regulations promulgated 
thereunder. 
‘‘(4)(A) Notwithstanding any other provision of this 
chapter, except for section 923(m), the Attorney General 
may implement this subsection with regulations. 
‘‘(B) Regulations promulgated under this paragraph 
may not include any provision requiring licensees to facili-
tate transfers in accordance with paragraph (2)(A). 
‘‘(C) Regulations promulgated under this paragraph 
may not include any provision requiring persons not li-
censed under this chapter to keep records of background 
checks or firearms transfers. 
‘‘(D) Regulations promulgated under this paragraph 
may not include any provision placing a cap on the fee 
licensees may charge to facilitate transfers in accordance 
with paragraph (2)(A). 
‘‘(5)(A) A person other than a licensed importer, li-
censed manufacturer, or licensed dealer, who makes a 
transfer of a firearm in accordance with this section, or 
who is the organizer of a gun show or event at which such 
transfer occurs, shall be immune from a qualified civil li-
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ability action relating to the transfer of the firearm as if 
the person were a seller of a qualified product. 
‘‘(B) A provider of an interactive computer service 
shall be immune from a qualified civil liability action relat-
ing to the transfer of a firearm as if the provider of an 
interactive computer service were a seller of a qualified 
product. 
‘‘(C) In this paragraph— 
‘‘(i) the term ‘interactive computer service’ shall 
have the meaning given the term in section 230(f) 
of the Communications Act of 1934 (47 U.S.C. 
230(f)); and 
‘‘(ii) the terms ‘qualified civil liability action’, 
‘qualified product’, and ‘seller’ shall have the mean-
ings given the terms in section 4 of the Protection 
of Lawful Commerce in Arms Act (15 U.S.C. 7903). 
‘‘(D) Nothing in this paragraph shall be construed 
to affect the immunity of a provider of an interactive com-
puter service under section 230 of the Communications 
Act of 1934 (47 U.S.C. 230). 
‘‘(6) In any civil liability action in any State or Fed-
eral court arising from the criminal or unlawful use of a 
firearm following a transfer of such firearm for which no 
background check was required under this section, this 
section shall not be construed— 
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