‘‘§ 935. License for the acquisition or receipt of as-
sault weapons 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c), it shall be unlawful for any individual to purchase or 
receive an assault weapon, unless the individual has— 
‘‘(1) an assault weapons license issued under 
this section; or 
‘‘(2) an assault weapons license, or a valid li-
cense or permit authorizing the carrying of a con-
cealed firearm, issued by a State, unless the Attor-
ney General has determined that the requirements 
which must be met for the issuance of such a license 
or permit are not substantially similar to the re-
quirements of subsection (b). 
‘‘(b) ESTABLISHMENT
OF SYSTEM
FOR ISSUING 
FEDERAL ASSAULT WEAPONS LICENSES.— 
‘‘(1) IN GENERAL.—The Attorney General shall 
establish a system for issuing licenses authorizing el-
igible individuals to acquire and receive assault 
weapons while the license is in effect. 
‘‘(2) APPLICATION REQUIREMENTS.—The sys-
tem established under paragraph (1) shall provide 
that— 
‘‘(A) an individual is eligible to receive 
such a license if the individual— 
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‘‘(i) has completed training in fire-
arms safety, including hands-on testing 
and firing testing, to demonstrate safe use 
and sufficient accuracy of a firearm; and 
‘‘(ii) as part of the process for apply-
ing for such a license— 
‘‘(I) has submitted to a back-
ground investigation and criminal his-
tory check of the individual in accord-
ance with paragraph (3); 
‘‘(II) has submitted proof of the 
identity of the individual; 
‘‘(III) has submitted the finger-
prints of the individual; and 
‘‘(IV) has paid a fee of $130 for 
applying for, or renewing, such a li-
cense; 
‘‘(B) such a license shall be available at 
designated local offices, which shall be located 
in urban and rural areas; 
‘‘(C) the Attorney General shall issue or 
deny such a license, or return the application 
without action, not later than 30 days after the 
date on which the application for the license, or 
for the renewal of the license, is received; 
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‘‘(D) such a license shall expire on the 
date that is 5 years after the date on which the 
license was issued or renewed; and 
‘‘(E) the Attorney General shall provide 
notice of an application for such a license to the 
relevant State and local officials. 
‘‘(3) BACKGROUND INVESTIGATION AND CRIMI-
NAL HISTORY CHECK BY THE NICS SYSTEM.— 
‘‘(A) IN
GENERAL.—Before issuing a li-
cense under this section, the Attorney General 
shall— 
‘‘(i) cause the national instant crimi-
nal background check system established 
under section 103 of the Brady Handgun 
Violence Prevention Act (in this section re-
ferred to as the ‘NICS system’) to conduct 
a criminal background check of the appli-
cant; and 
‘‘(ii) deny the license if receipt of a 
firearm by the applicant would violate sub-
section (g) or (n) of section 922 or any 
provision of State law. 
‘‘(B) POSES
A
DANGER
OF
BODILY
IN-
JURY.— 
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‘‘(i) INFORMATION FROM STATE AND 
LOCAL OFFICIALS.—After receiving the no-
tice described in paragraph (2)(E), rel-
evant State and local officials may submit 
to the Attorney General information dem-
onstrating that the individual poses a sig-
nificant danger of bodily injury to self or 
others by possessing, purchasing, or receiv-
ing a firearm. 
‘‘(ii) DENIAL.— 
‘‘(I) IN GENERAL.—The Attorney 
General may deny a license under this 
section if the Attorney General deter-
mines that the applicant poses a sig-
nificant danger of bodily injury to self 
or others by possessing, purchasing, 
or receiving a firearm, after exam-
ining factors the Attorney General 
considers are relevant to the deter-
mination, including— 
‘‘(aa) history of threats or 
acts of violence toward self or 
others; 
‘‘(bb) history of use, at-
tempted use, or threatened use of 
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physical force by the applicant 
against another person; 
‘‘(cc) whether the applicant 
is the subject of or has violated a 
domestic violence or stalking re-
straining 
order 
or 
protection 
order; 
‘‘(dd) any prior arrest, pend-
ing charge, or conviction for a 
violent or serious crime or dis-
orderly persons offense, stalking 
offense, or domestic violence of-
fense; 
‘‘(ee) any prior arrest, pend-
ing charge, or conviction for an 
offense involving cruelty to ani-
mals; 
‘‘(ff) history of drug or alco-
hol abuse or involvement in drug 
trafficking; 
‘‘(gg) any recent acquisition 
of firearms, ammunition, or other 
deadly weapons; 
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‘‘(hh) involvement in fire-
arms trafficking or unlawful fire-
arms transfers; and 
‘‘(ii) history of unsafe stor-
age or handling of firearms. 
‘‘(II) JUDICIAL REVIEW.—An ap-
plicant denied a license under sub-
clause (I) may file an action in the 
appropriate district court of the 
United States seeking review of the 
denial. 
‘‘(C) 
RULE
OF
CONSTRUCTION.—This 
paragraph shall not be construed to modify any 
other requirement for a background investiga-
tion relating to the acquisition or receipt of a 
firearm in effect on the day before the date of 
the enactment of this section. 
‘‘(4) REVOCATION.— 
‘‘(A) IN GENERAL.—The Attorney General 
shall revoke a license issued under this section 
if the Attorney General determines— 
‘‘(i) that the licensee poses a signifi-
cant danger of bodily injury to self or oth-
ers by possessing, purchasing, or receiving 
a firearm; or 
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‘‘(ii) after a criminal background 
check conducted in accordance with para-
graph (3)(A), that the possession of a fire-
arm would violate subsection (g) or (n) of 
section 922 or any provision of State law. 
‘‘(B) NOTICE
AND
OPPORTUNITY
FOR
A 
HEARING.— 
‘‘(i) NOTICE.—Upon determining that 
the licensee should have their license re-
voked under subparagraph (A), the Attor-
ney General shall provide notice to the li-
censee and to relevant State and local offi-
cials of the determination. 
‘‘(ii) 
HEARING.—For 
revocations 
under subparagraph (A)(i), the Attorney 
General shall provide a licensee an oppor-
tunity for a hearing in the appropriate dis-
trict court of the United States not later 
than 30 days after the date on which a li-
cense is revoked under this paragraph to 
appeal the revocation. 
‘‘(C) PROCEDURES.—The Attorney Gen-
eral shall establish procedures to ensure that, 
when the license issued to an individual is re-
voked under this paragraph, the individual sur-
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renders any assault weapon owned or possessed 
by the individual. 
‘‘(D) RETURN OF FIREARMS.—An assault 
weapon surrendered under the procedures es-
tablished under subparagraph (C) may be re-
turned to the individual only if the license of 
the individual under this section is reinstated. 
‘‘(5) RENEWAL.—The Attorney General shall 
establish procedures for the renewal of a license 
issued under this section, that shall require the li-
censee to satisfy the requirements of paragraph (2). 
‘‘(c) EXCEPTIONS.—Subsection (a) shall not apply 
to— 
‘‘(1) a member of the Armed Forces on active 
duty, a qualified law enforcement officer (as defined 
in section 926B), a qualified retired law enforcement 
officer (as defined in section 926C), a corrections of-
ficer, or a law enforcement officer; 
‘‘(2) the owner of an assault weapon who law-
fully possessed the weapon continuously since before 
the date of the enactment of this section; 
‘‘(3) a transfer to an executor, administrator, 
trustee, or personal representative of an estate or a 
trust by operation of law upon death; 
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‘‘(4) a transfer approved by the Attorney Gen-
eral under section 5812 of the Internal Revenue 
Code of 1986; 
‘‘(5) a temporary transfer that is necessary to 
prevent imminent death or great bodily harm, in-
cluding harm to self or another, domestic violence, 
dating partner violence, sexual assault, stalking, or 
domestic abuse, if the possession by the transferee 
lasts only for so long as is immediately necessary to 
prevent the imminent death or great bodily harm, 
domestic violence, dating partner violence, sexual as-
sault, stalking, or domestic abuse, as the case may 
be; or 
‘‘(6) a temporary transfer if the transferor has 
no reason to believe that the transferee will use or 
intends to use the firearm in a crime or is prohibited 
from possessing a firearm under State or Federal 
law, and the transfer takes place and the trans-
feree’s possession of the firearm is exclusively— 
‘‘(A) in the presence and under the super-
vision of the transferor; and 
‘‘(B)(i) at a shooting range or in a shoot-
ing gallery or other area designated for the pur-
pose of target shooting; or 
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‘‘(ii) while reasonably necessary for the 
purposes of hunting, trapping, pest control on 
a farm or ranch, or fishing, if the transferor— 
‘‘(I) has no reason to believe that the 
transferee intends to use the firearm un-
lawfully; and 
‘‘(II) has reason to believe that the 
transferee will comply with all licensing 
and permit requirements for the hunting, 
trapping, pest control on a farm or ranch, 
or fishing, as the case may be. 
‘‘(d) RETENTION OF APPLICATION FEES.—Amounts 
collected from application fees paid under this section 
shall be available, without fiscal year limitation, for proc-
essing applications submitted pursuant to this section. 
‘‘(e) REGULATIONS.— 
‘‘(1) IN GENERAL.—The Attorney General may 
promulgate such regulations as the Attorney General 
determines are necessary to carry out this section, 
which shall include— 
‘‘(A) a requirement that the NICS system 
prioritize criminal background checks pursuant 
to this section over criminal background checks 
pursuant to chapter 53 of the Internal Revenue 
Code of 1986; and 
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‘‘(B) a procedure for a person whose appli-
cation for a license under this section has been 
returned without action to be informed of the 
reasons therefor. 
‘‘(2) RECORDS OF LICENSE HOLDERS.— 
‘‘(A) IN
GENERAL.—Notwithstanding the 
2nd sentence of section 926(a) of this title, the 
Attorney General shall keep a record of the 
holders of a license issued under this section, 
and shall enable the NICS system to access the 
record in conducting criminal background 
checks pursuant to this section. 
‘‘(B) LIMITATION
ON
FBI
ACCESS.—The 
Director of the Federal Bureau of Investigation 
may not access the record except for the pur-
pose of— 
‘‘(i) conducting a criminal background 
check pursuant to this section; or 
‘‘(ii) confiscating a license issued 
under this section, in the case that the li-
censee becomes ineligible to receive a fire-
arm under Federal law.’’. 
(b) DEFINITIONS.—Section 921(a) of such title is 
amended— 
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(1) by inserting after paragraph (29) the fol-
lowing: 
‘‘(30) The term ‘semiautomatic pistol’ means any re-
peating pistol that— 
‘‘(A) utilizes a portion of the energy of a firing 
cartridge to extract the fired cartridge case and 
chamber the next round; and 
‘‘(B) requires a separate pull of the trigger to 
fire each cartridge. 
‘‘(31) The term ‘semiautomatic shotgun’ means any 
repeating shotgun that— 
‘‘(A) utilizes a portion of the energy of a firing 
cartridge to extract the fired cartridge case and 
chamber the next round; and 
‘‘(B) requires a separate pull of the trigger to 
fire each cartridge.’’; and 
(2) by adding at the end the following: 
‘‘(36) The term ‘assault weapon’ means any of the 
following, regardless of country of manufacture or caliber 
of ammunition accepted: 
‘‘(A) A semiautomatic rifle that has— 
‘‘(i) a magazine that is not a fixed maga-
zine; and 
‘‘(ii) any of the following: 
‘‘(I) A pistol grip. 
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‘‘(II) A forward grip. 
‘‘(III) A folding, telescoping, or de-
tachable stock, or is otherwise foldable or 
adjustable in a manner that operates to re-
duce the length, size, or any other dimen-
sion, 
or 
otherwise 
enhances 
the 
concealability, of the weapon. 
‘‘(IV) A grenade launcher. 
‘‘(V) A barrel shroud. 
‘‘(B) A semiautomatic rifle that has a fixed 
magazine with the capacity to accept more than 15 
rounds, except for an attached tubular device de-
signed to accept, and capable of operating only with, 
.22 caliber rimfire ammunition. 
‘‘(C) Any part, combination of parts, compo-
nent, device, attachment, or accessory that is de-
signed or functions to accelerate the rate of fire of 
a semiautomatic firearm but not convert the semi-
automatic firearm into a machinegun. 
‘‘(D) A semiautomatic pistol that has— 
‘‘(i) a magazine that is not a fixed maga-
zine; and 
‘‘(ii) any of the following: 
‘‘(I) A second pistol grip. 
‘‘(II) A barrel shroud. 
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‘‘(III) The capacity to accept a de-
tachable magazine at some location outside 
of the pistol grip. 
‘‘(IV) A semiautomatic version of an 
automatic firearm. 
‘‘(V) A manufactured weight of 50 
ounces or more when unloaded. 
‘‘(VI) A stabilizing brace or similar 
component. 
‘‘(E) A semiautomatic pistol with a fixed maga-
zine that has the capacity to accept more than 15 
rounds. 
‘‘(F) A semiautomatic shotgun that has— 
‘‘(i) the capacity to utilize a magazine that 
is not a fixed magazine; and 
‘‘(ii) any of the following: 
‘‘(I) A folding, telescoping, or detach-
able stock. 
‘‘(II) A pistol grip or bird’s head grip. 
‘‘(III) A fixed magazine with the ca-
pacity to accept more than 5 rounds. 
‘‘(IV) The ability to accept a detach-
able magazine. 
‘‘(V) A forward grip. 
‘‘(VI) A grenade launcher. 
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‘‘(G) Any shotgun with a revolving cylinder. 
‘‘(H) All of the following rifles, copies, dupli-
cates, variants, or altered facsimiles with the capa-
bility of any such weapon thereof: 
‘‘(i) All AK types, including the following: 
‘‘(I) AK, AK47, AK47S, AK–74, 
AKM, 
AKS, 
ARM, 
MAK90, 
MISR, 
NHM90, NHM91, Rock River Arms LAR– 
47, SA85, SA93, Vector Arms AK–47, 
VEPR, WASR–10, and WUM. 
‘‘(II) IZHMASH Saiga AK. 
‘‘(III) MAADI AK47 and ARM. 
‘‘(IV) Norinco 56S, 56S2, 84S, and 
86S. 
‘‘(V) Poly Technologies AK47 and 
AKS. 
‘‘(VI) SKS with a detachable maga-
zine. 
‘‘(ii) All AR types, including the following: 
‘‘(I) AR–10. 
‘‘(II) AR–15. 
‘‘(III) Alexander Arms Overmatch 
Plus 16. 
‘‘(IV) Armalite M15 22LR Carbine. 
‘‘(V) Armalite M15–T. 
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‘‘(VI) Barrett REC7. 
‘‘(VII) Beretta AR–70. 
‘‘(VIII) Black Rain Ordnance Recon 
Scout. 
‘‘(IX) Bushmaster ACR. 
‘‘(X) Bushmaster Carbon 15. 
‘‘(XI) Bushmaster MOE series. 
‘‘(XII) Bushmaster XM15. 
‘‘(XIII) Chiappa Firearms MFour ri-
fles. 
‘‘(XIV) Colt Match Target rifles. 
‘‘(XV) CORE Rifle Systems CORE15 
rifles. 
‘‘(XVI) Daniel Defense M4A1 rifles. 
‘‘(XVII) Devil Dog Arms 15 Series ri-
fles. 
‘‘(XVIII) Diamondback DB15 rifles. 
‘‘(XIX) DoubleStar AR rifles. 
‘‘(XX) DPMS Tactical rifles. 
‘‘(XXI) DSA Inc. ZM–4 Carbine. 
‘‘(XXII) Heckler & Koch MR556. 
‘‘(XXIII) High Standard HSA–15 ri-
fles. 
‘‘(XXIV) Jesse James Nomad AR–15 
rifle. 
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‘‘(XXV) Knight’s Armament SR–15. 
‘‘(XXVI) Lancer L15 rifles. 
‘‘(XXVII) MGI Hydra Series rifles. 
‘‘(XXVIII) Mossberg MMR Tactical 
rifles. 
‘‘(XXIX) Noreen Firearms BN 36 
rifle. 
‘‘(XXX) Olympic Arms. 
‘‘(XXXI) POF USA P415. 
‘‘(XXXII) Precision Firearms AR ri-
fles. 
‘‘(XXXIII) Remington R–15 rifles. 
‘‘(XXXIV) Rhino Arms AR rifles. 
‘‘(XXXV) Rock River Arms LAR–15. 
‘‘(XXXVI) Sig Sauer SIG516 rifles 
and MCX rifles. 
‘‘(XXXVII) Smith & Wesson M&P15 
rifles. 
‘‘(XXXVIII) Stag Arms AR rifles. 
‘‘(XXXIX) Sturm, Ruger & Co. 
SR556 and AR–556 rifles. 
‘‘(XL) Uselton Arms Air-Lite M–4 ri-
fles. 
‘‘(XLI) Windham Weaponry AR ri-
fles. 
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‘‘(XLII) WMD Guns Big Beast. 
‘‘(XLIII) Yankee Hill Machine Com-
pany, Inc. YHM–15 rifles. 
‘‘(iii) Barrett M107A1. 
‘‘(iv) Barrett M82A1. 
‘‘(v) Beretta CX4 Storm. 
‘‘(vi) Calico Liberty Series. 
‘‘(vii) CETME Sporter. 
‘‘(viii) Daewoo K–1, K–2, Max 1, Max 2, 
AR 100, and AR 110C. 
‘‘(ix) 
Fabrique 
Nationale/FN 
Herstal 
FAL, LAR, 22 FNC, 308 Match, L1A1 
Sporter, PS90, SCAR, and FS2000. 
‘‘(x) Feather Industries AT–9. 
‘‘(xi) Galil Model AR and Model ARM. 
‘‘(xii) Hi-Point Carbine. 
‘‘(xiii) HK–91, HK–93, HK–94, HK– 
PSG–1, and HK USC. 
‘‘(xiv) IWI TAVOR, Galil ACE rifle. 
‘‘(xv) Kel-Tec Sub-2000, SU–16, and 
RFB. 
‘‘(xvi) SIG AMT, SIG PE–57, Sig Sauer 
SG 550, Sig Sauer SG 551, and SIG MCX. 
‘‘(xvii) Springfield Armory SAR–48. 
‘‘(xviii) Steyr AUG. 
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‘‘(xix) Sturm, Ruger & Co. Mini-14 Tac-
tical Rifle M–14/20CF. 
‘‘(xx) All Thompson rifles, including the 
following: 
‘‘(I) Thompson M1SB. 
‘‘(II) Thompson T1100D. 
‘‘(III) Thompson T150D. 
‘‘(IV) Thompson T1B. 
‘‘(V) Thompson T1B100D. 
‘‘(VI) Thompson T1B50D. 
‘‘(VII) Thompson T1BSB. 
‘‘(VIII) Thompson T1–C. 
‘‘(IX) Thompson T1D. 
‘‘(X) Thompson T1SB. 
‘‘(XI) Thompson T5. 
‘‘(XII) Thompson T5100D. 
‘‘(XIII) Thompson TM1. 
‘‘(XIV) Thompson TM1C. 
‘‘(xxi) UMAREX UZI rifle. 
‘‘(xxii) UZI Mini Carbine, UZI Model A 
Carbine, and UZI Model B Carbine. 
‘‘(xxiii) Valmet M62S, M71S, and M78. 
‘‘(xxiv) Vector Arms UZI Type. 
‘‘(xxv) Weaver Arms Nighthawk. 
‘‘(xxvi) Wilkinson Arms Linda Carbine. 
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‘‘(I) All of the following pistols, copies, dupli-
cates, variants, or altered facsimiles with the capa-
bility of any such weapon thereof: 
‘‘(i) All AK types, including the following: 
‘‘(I) Centurion 39 AK pistol. 
‘‘(II) CZ Scorpion pistol. 
‘‘(III) Draco AK–47 pistol. 
‘‘(IV) HCR AK–47 pistol. 
‘‘(V) IO Inc. Hellpup AK–47 pistol. 
‘‘(VI) Krinkov pistol. 
‘‘(VII) Mini Draco AK–47 pistol. 
‘‘(VIII) PAP M92 pistol. 
‘‘(IX) Yugo Krebs Krink pistol. 
‘‘(ii) All AR types, including the following: 
‘‘(I) American Spirit AR–15 pistol. 
‘‘(II) Bushmaster Carbon 15 pistol. 
‘‘(III) Chiappa Firearms M4 Pistol 
GEN II. 
‘‘(IV) CORE Rifle Systems CORE15 
Roscoe pistol. 
‘‘(V) Daniel Defense MK18 pistol. 
‘‘(VI) DoubleStar Corporation AR pis-
tol. 
‘‘(VII) DPMS AR–15 pistol. 
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‘‘(III) IZHMASH Saiga 12S EXP– 
01. 
‘‘(IV) IZHMASH Saiga 12K. 
‘‘(V) IZHMASH Saiga 12K–030. 
‘‘(VI) IZHMASH Saiga 12K–040 
Taktika. 
‘‘(v) Streetsweeper. 
‘‘(vi) Striker 12. 
‘‘(K) All belt-fed semiautomatic firearms, in-
cluding TNW M2HB and FN M2495. 
‘‘(L) Any combination of parts from which a 
firearm described in subparagraphs (A) through (K) 
can be assembled. 
‘‘(M) The frame or receiver of a rifle or shot-
gun described in subparagraph (A), (B), (C), (F), 
(G), (H), (J), or (K). 
‘‘(37) The term ‘barrel shroud’— 
‘‘(A) means a shroud that is attached to, or 
partially or completely encircles, the barrel of a fire-
arm so that the shroud protects the user of the fire-
arm from heat generated by the barrel; and 
‘‘(B) does not include— 
‘‘(i) a slide that partially or completely en-
closes the barrel; or 
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‘‘(ii) an extension of the stock along the 
bottom of the barrel which does not encircle or 
substantially encircle the barrel. 
‘‘(38) The term ‘detachable magazine’ means an am-
munition feeding device that can be removed from a fire-
arm without disassembly of the firearm action. 
‘‘(39) The term ‘fixed magazine’ means an ammuni-
tion feeding device that is contained in and not removable 
from or permanently fixed to the firearm. 
‘‘(40) The term ‘folding, telescoping, or detachable 
stock’ means a stock that folds, telescopes, detaches or 
otherwise operates to reduce the length, size, or any other 
dimension, or otherwise enhances the concealability, of a 
firearm. 
‘‘(41) The term ‘forward grip’ means a grip located 
forward of the trigger that functions as a pistol grip. 
‘‘(42) The term ‘grenade launcher’ means an attach-
ment for use on a firearm that is designed to propel a 
grenade or other similar destructive device. 
‘‘(43) The term ‘pistol grip’ means a grip, a thumb-
hole stock or Thordsen-type grip or stock, or any other 
characteristic that can function as a grip. 
‘‘(44) The term ‘belt-fed semiautomatic firearm’ 
means any repeating firearm that— 
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‘‘(A) utilizes a portion of the energy of a firing 
cartridge to extract the fired cartridge case and 
chamber the next round; 
‘‘(B) requires a separate pull of the trigger to 
fire each cartridge; and 
‘‘(C) has the capacity to accept a belt ammuni-
tion feeding device.’’. 
(c) PROHIBITION ON TRANSFER TO CERTAIN UNLI-
CENSED PERSONS.—Section 922 of such title is amended 
by adding at the end the following: 
‘‘(aa) PROHIBITION ON TRANSFER TO CERTAIN UN-
LICENSED PERSONS.—It shall be unlawful for any person 
to— 
‘‘(1) sell or otherwise dispose of an assault 
weapon to any person if such person does not have 
a license issued under section 935 or a substantially 
similar State law, as determined by the Attorney 
General, during the previous 30 days; or 
‘‘(2) fail to report to the relevant law enforce-
ment agencies the sale or disposal described in para-
graph (1).’’. 
(d) PENALTIES.—Section 924(a) of such title is 
amended by adding at the end the following: 
‘‘(9) Whoever knowingly violates section 935 or 
922(aa) shall— 
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‘‘(A) in the case of the 1st such violation by the 
person, be fined not more than $5,000, imprisoned 
not more than 1 year, or both; or 
‘‘(B) in the case of any subsequent such viola-
tion by the person, be fined not more than $15,000, 
imprisoned not more than 5 years, or both.’’. 
(e) CLERICAL AMENDMENT.—The table of sections 
for such chapter is amended by adding at the end the fol-
lowing: 
‘‘935. License for the acquisition or receipt of assault weapons.’’. 
(f) INFORMATION-SHARING.—Section 103(e)(1)(C) 
of the Brady Handgun Violence Prevention Act (34 U.S.C. 
40901(e)(1)(C)) is amended by adding at the end the fol-
lowing: ‘‘If a State or local agency has any record of any 
person demonstrating that the person falls within one of 
the categories of prohibition pertinent to the Interstate 
Identification Index, the National Crime Information Cen-
ter, or any other index of the system, the head of the de-
partment or agency shall, not less frequently than quar-
terly, provide the pertinent information contained in the 
record to the Attorney General.’’. 
SEC. 3. POINT-OF-SALE BACKGROUND CHECKS. 
(a) IN GENERAL.—Section 922 of title 18, United 
States Code, as amended by section 2(c) of this Act, is 
amended by adding at the end the following: 
‘‘(bb) POINT-OF-SALE BACKGROUND CHECKS.— 
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‘‘(1) IN GENERAL.—It shall be unlawful for any 
person who is not a licensed importer, licensed man-
ufacturer, or licensed dealer to transfer an assault 
weapon to any other person who is not so licensed, 
unless a licensed importer, licensed manufacturer, or 
licensed dealer has first taken possession of the as-
sault weapon for the purpose of complying with sub-
section (t). 
‘‘(2) COMPLIANCE.—Upon taking possession of 
an assault weapon under paragraph (1), a licensee 
shall comply with all requirements of this chapter as 
if the licensee were transferring the assault weapon 
from the inventory of the licensee to the unlicensed 
transferee. 
‘‘(3) RETURN.—If a transfer of an assault 
weapon described in paragraph (1) will not be com-
pleted for any reason after a licensee takes posses-
sion of the assault weapon (including because the 
transfer of the assault weapon to, or receipt of the 
assault weapon by, the transferee would violate this 
chapter), the return of the assault weapon to the 
transferor by the licensee shall not constitute the 
transfer of a firearm for purposes of this chapter.’’. 
(b) PENALTIES.— 
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(1) VIOLATIONS BY NON-LICENSEES.—Section 
924(a) of such title, as amended by section 2(d) of 
this Act, is amended by adding at the end the fol-
lowing: 
‘‘(10) PENALTIES
FOR
POINT-OF-SALE
BACK-
GROUND CHECK VIOLATIONS BY NON-LICENSEES.—Who-
ever knowingly violates section 922(bb)(1) shall— 
‘‘(A) in the case of the 1st such violation by the 
person, be fined under this title, imprisoned not 
more than 1 year, or both; or 
‘‘(B) in the case of any subsequent violation by 
the person, be fined under this title, imprisoned not 
more than 5 years, or both.’’. 
(2) 
VIOLATIONS
BY
LICENSEES.—Section 
924(a)(5) of such title is amended by striking ‘‘(s) 
or (t)’’ and inserting ‘‘(s), (t), or (bb)(2)’’. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
on the date that is 18 months after the date of the enact-
ment of this Act. 
Æ 
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