I 
112TH CONGRESS 
2D SESSION 
H. R. 6725 
To provide for greater safety in the use of firearms. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 31, 2012 
Mr. MORAN introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To provide for greater safety in the use of firearms. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘NRA Members’ Gun 
Safety Act of 2012’’. 
TITLE I—REQUIRING A BACK-
GROUND CHECK FOR EVERY 
FIREARM SALE 
SEC. 101. PURPOSE. 
The purpose of this title is to extend the Brady Law 
background check procedures to all sales and transfers of 
firearms. 
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SEC. 102. FIREARMS TRANSFERS. 
(a) IN GENERAL.—Chapter 44 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 932. Background checks for firearm transfers by 
unlicensed persons 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘unlicensed transferee’ means a 
person who— 
‘‘(A) is not licensed under this chapter; 
and 
‘‘(B) desires to receive a firearm from an 
unlicensed transferor; and 
‘‘(2) the term ‘unlicensed transferor’ means a 
person who— 
‘‘(A) is not licensed under this chapter; 
and 
‘‘(B) desires to transfer a firearm to an 
unlicensed transferee. 
‘‘(b) RESPONSIBILITIES OF TRANSFERORS OTHER 
THAN LICENSEES.— 
‘‘(1) IN GENERAL.—It shall be unlawful for an 
unlicensed transferor to transfer a firearm to an un-
licensed transferee, unless the firearm is trans-
ferred— 
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‘‘(A)(i) through a licensed dealer under 
subsection (d); 
‘‘(ii) through a law enforcement agency 
under subsection (e); 
‘‘(iii) after inspecting a permit that con-
firms a background check under subsection (f); 
or 
‘‘(iv) in accordance with an exception de-
scribed in subsection (g); and 
‘‘(B) in accordance with paragraph (2). 
‘‘(2) CRIMINAL BACKGROUND CHECKS.—Except 
as provided in subsection (g), an unlicensed trans-
feror— 
‘‘(A) subject to subparagraph (B), may not 
transfer a firearm to an unlicensed transferee 
until— 
‘‘(i) the licensed dealer through which 
the transfer is made under subsection (d) 
makes a notification described in sub-
section (d)(3)(A); 
‘‘(ii) the law enforcement agency 
through which the transfer is made under 
subsection (e) makes a notification de-
scribed in subsection (e)(4)(A); or 
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‘‘(iii) the unlicensed transferee has 
presented a permit that confirms that a 
background check has been conducted, as 
described in subsection (f); and 
‘‘(B) may not transfer a firearm to an un-
licensed transferee if— 
‘‘(i) the licensed dealer through which 
the transfer is made under subsection (d) 
makes the notification described in sub-
section (d)(3)(B); or 
‘‘(ii) the law enforcement agency 
through which the transfer is made under 
subsection (e) makes the notification de-
scribed in subsection (e)(3)(B). 
‘‘(3) ABSENCE OF RECORDKEEPING REQUIRE-
MENTS.—Nothing in this section shall permit or au-
thorize the Attorney General to impose record-
keeping requirements on any unlicensed transferor. 
‘‘(c) RESPONSIBILITIES
OF TRANSFEREES OTHER 
THAN LICENSEES.— 
‘‘(1) IN GENERAL.—It shall be unlawful for an 
unlicensed transferee to receive a firearm from an 
unlicensed transferor, unless the firearm is trans-
ferred— 
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‘‘(iii) the unlicensed transferee has 
presented a permit that confirms that a 
background check described in subsection 
(f) has been conducted; and 
‘‘(B) may not receive a firearm from an-
other unlicensed transferor if— 
‘‘(i) the licensed dealer through which 
the transfer is made under subsection (d) 
makes a notification described in sub-
section (d)(3)(B); or 
‘‘(ii) the law enforcement agency 
through which the transfer is made under 
subsection (e) makes a notification de-
scribed in subsection (e)(4)(B). 
‘‘(d) BACKGROUND CHECKS THROUGH LICENSED 
DEALERS.—A licensed dealer who agrees to assist in the 
transfer of a firearm between unlicensed transferor and 
an unlicensed transferee shall— 
‘‘(1) enter such information about the firearm 
as the Attorney General may require by regulation 
into a separate bound record; 
‘‘(2) record the transfer on a form specified by 
the Attorney General; 
‘‘(3) comply with section 922(t) as if transfer-
ring the firearm from the inventory of the licensed 
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dealer to the unlicensed transferee (except that a li-
censed dealer assisting in the transfer of a firearm 
under this subsection shall not be required to comply 
again with the requirements of section 922(t) in de-
livering the firearm to the unlicensed transferee) and 
notify the unlicensed transferor and unlicensed 
transferee— 
‘‘(A) of such compliance; and 
‘‘(B) if the transfer is subject to the re-
quirements of section 922(t)(1), of any receipt 
by the licensed dealer of a notification from the 
national instant criminal background check sys-
tem that the transfer would violate section 922 
or State law; 
‘‘(4) not later than 31 days after the date on 
which the transfer occurs, submit to the Attorney 
General a report of the transfer, which— 
‘‘(A) shall be on a form specified by the 
Attorney General by regulation; and 
‘‘(B) shall not include the name of or other 
identifying information relating to the unli-
censed transferor or unlicensed transferee; 
‘‘(5) if the licensed dealer assists an unlicensed 
transferor in transferring, at the same time or dur-
ing any 5 consecutive business days, 2 or more pis-
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tols or revolvers, or any combination of pistols and 
revolvers totaling 2 or more, to the same unlicensed 
transferee, in addition to the reports required under 
paragraph (4), prepare a report of the multiple 
transfers, which shall— 
‘‘(A) be prepared on a form specified by 
the Attorney General; and 
‘‘(B) not later than the close of business 
on the date on which the transfer requiring the 
report under this paragraph occurs, be sub-
mitted to— 
‘‘(i) the office specified on the form 
described in subparagraph (A); and 
‘‘(ii) the appropriate State law en-
forcement agency of the jurisdiction in 
which the transfer occurs; and 
‘‘(6) retain a record of the transfer as part of 
the permanent business records of the licensed deal-
er. 
‘‘(e) BACKGROUND CHECKS THROUGH LAW EN-
FORCEMENT AGENCIES.—A State or local law enforce-
ment agency that agrees to assist an unlicensed transferor 
in carrying out the responsibilities of the unlicensed trans-
feror under subsection (b) with respect to the transfer of 
a firearm shall— 
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‘‘(1)(A) contact the national instant criminal 
background check system under section 922(t); and 
‘‘(B)(i) receive an identification number as de-
scribed in section 922(t)(1)(B)(i); or 
‘‘(ii) 
wait 
the 
period 
described 
in 
922(t)(1)(B)(ii); 
‘‘(2) conduct such other checks as the agency 
considers appropriate to determine whether the re-
ceipt or possession of the firearm by the unlicensed 
transferee would violate section 922 or State law; 
‘‘(3) verify the identity of the unlicensed trans-
feree by— 
‘‘(A) examining a valid identification docu-
ment (as defined in section 1028(d)) of the un-
licensed transferee containing a photograph of 
the unlicensed transferee; or 
‘‘(B) confirming that the unlicensed trans-
feror has examined a valid identification docu-
ment described in subparagraph (A); 
‘‘(4) notify the unlicensed transferor and trans-
feree— 
‘‘(A) of the compliance by the law enforce-
ment agency with the requirements under para-
graphs (1), (2), and (3); and 
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‘‘(B) of any receipt by the law enforcement 
agency of a notification from the national in-
stant criminal background check system or 
other information that the transfer would vio-
late section 922 or would violate State law; 
‘‘(5) not later than 31 days after the date on 
which the transfer occurs, submit to the Attorney 
General a report of the transfer, which— 
‘‘(A) shall be on a form specified by the 
Attorney General by regulation; and 
‘‘(B) shall not include the name of or other 
identifying information relating to the unli-
censed transferor or unlicensed transferee; 
‘‘(6) if the law enforcement agency assists an 
unlicensed transferor in transferring, at the same 
time or during any 5 consecutive business days, 2 or 
more pistols or revolvers, or any combination of pis-
tols and revolvers totaling 2 or more, to the same 
unlicensed transferee, in addition to the reports re-
quired under paragraph (5), prepare a report of the 
multiple transfers, which shall be— 
‘‘(A) prepared on a form specified by the 
Attorney General; and 
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‘‘(B) not later 24 hours after the transfer 
requiring the report under this paragraph oc-
curs, submitted to— 
‘‘(i) the office specified on the form 
described in subparagraph (A); and 
‘‘(ii) the appropriate State law en-
forcement agency of the jurisdiction in 
which the transfer occurs; and 
‘‘(7) maintain records of the transfer at such 
place, and in such form, as the Attorney General 
may prescribe. 
‘‘(f) PURCHASE PERMITS CONFIRMING BACKGROUND 
CHECKS.—An unlicensed transferor may transfer a fire-
arm to an unlicensed transferee if the unlicensed trans-
feror verifies that— 
‘‘(1) the unlicensed transferee has presented to 
a licensed dealer or a law enforcement official a per-
mit or license that allows the unlicensed transferee 
to possess, acquire, or carry a firearm, and the li-
censed dealer or law enforcement official, as the case 
may be, has verified to the unlicensed transferor 
that the permit or license is valid; 
‘‘(2) the permit or license was issued not more 
than 5 years before the date on which the permit or 
license is presented under paragraph (1) by a law 
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enforcement agency in the State in which the trans-
fer is to take place; 
‘‘(3) the law of the State provides that the per-
mit or license is to be issued only after a law en-
forcement official has verified that neither the na-
tional instant criminal background check system nor 
other information indicates that possession of a fire-
arm by the unlicensed transferee would be in viola-
tion of Federal, State, or local law; and 
‘‘(4) if the permit or license does not include a 
photograph of the unlicensed transferee, the unli-
censed transferor has examined a valid identification 
document (as defined in section 1028(d)) of the unli-
censed transferee containing a photograph of the un-
licensed transferee. 
‘‘(g) EXCEPTIONS.—Unless prohibited by any other 
provision of law, subsections (b) and (c) shall not apply 
to any transfer of a firearm between an unlicensed trans-
feror and unlicensed transferee, if— 
‘‘(1) the transfer is a bona fide gift between im-
mediate family members, including spouses, parents, 
children, siblings, grandparents, and grandchildren; 
‘‘(2) the transfer occurs by operation of law, or 
because of the death of another person for whom the 
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unlicensed transferor is an executor or administrator 
of an estate or a trustee of a trust created in a will; 
‘‘(3) the transfer is temporary and occurs while 
in the home of the unlicensed transferee, if— 
‘‘(A) the unlicensed transferee is not other-
wise prohibited from possessing firearms; and 
‘‘(B) the unlicensed transferee believes 
that possession of the firearm is necessary to 
prevent imminent death or great bodily harm to 
the unlicensed transferee; 
‘‘(4) the transfer is approved by the Attorney 
General under section 5812 of the Internal Revenue 
Code of 1986; or 
‘‘(5) upon application of the unlicensed trans-
feror, the Attorney General determined that compli-
ance with subsection (b) is impracticable because— 
‘‘(A) the ratio of the number of law en-
forcement officers of the State in which the 
transfer is to occur to the number of square 
miles of land area of the State does not exceed 
0.0025; 
‘‘(B) the location at which the transfer is 
to occur is extremely remote in relation to the 
chief law enforcement officer (as defined in sec-
tion 922(s)(8)); and 
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‘‘(C) there is an absence of telecommuni-
cations facilities in the geographical area in 
which the unlicensed transferor is located; or 
‘‘(6) the transfer is a temporary transfer of 
possession without transfer of title that takes 
place— 
‘‘(A) at a shooting range located in or on 
premises owned or occupied by a duly incor-
porated organization organized for conservation 
purposes or to foster proficiency in firearms; 
‘‘(B) at a target firearm shooting competi-
tion under the auspices of or approved by a 
State agency or nonprofit organization; or 
‘‘(C) while hunting, fishing, or trapping, 
if— 
‘‘(i) the activity is legal in all places 
where the unlicensed transferee possesses 
the firearm; and 
‘‘(ii) the unlicensed transferee holds 
any required license or permit. 
‘‘(h) PROCESSING FEES.—A licensed dealer or law 
enforcement agency that processes the transfer of a fire-
arm under this section may assess and collect a fee, in 
an amount not to exceed $15, with respect to each firearm 
transfer processed. 
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‘‘(i) RECORDS.—Nothing in subsection (e)(7) shall be 
construed to authorize the Attorney General to inspect 
records described in such subsection or to require that the 
records be transferred to a facility owned, managed, or 
controlled by the United States.’’. 
(b) PENALTIES.—Section 924(a)(5) of title 18, 
United States Code, is amended by inserting ‘‘or section 
932’’ after ‘‘section 922’’. 
(c) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 44 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘932. Background checks for firearm transfers by unlicensed persons.’’. 
SEC. 103. EFFECTIVE DATE. 
The amendments made by this title shall take effect 
180 days after the date of enactment of this Act. 
TITLE 
II—BACKGROUND 
CHECKS FOR GUN SHOP EM-
PLOYEES 
SEC. 201. BACKGROUND CHECKS REQUIRED FOR EMPLOY-
EES AUTHORIZED TO POSSESS OR TRANSFER 
FIREARMS OR AMMUNITION IN THE COURSE 
OF A LICENSED FIREARM BUSINESS. 
(a) IN GENERAL.—Section 923 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘(m)(1)(A) It shall be unlawful for a licensed dealer 
to authorize an employee hired by the employer on or after 
the effective date of this subsection to possess or transfer 
a firearm or ammunition in the course of employment with 
the licensed dealer, unless the licensed dealer has received 
from the Attorney General a notice that the Attorney Gen-
eral has determined that receipt of a firearm by the em-
ployee would not be unlawful. 
‘‘(B) Beginning 3 months after the effective date of 
this subsection, it shall be unlawful for a licensed dealer 
to authorize an employee hired by the employer before the 
effective date of this subsection, to possess or transfer a 
firearm or ammunition in the course of employment with 
the licensed dealer, unless the licensed dealer has received 
from the Attorney General a notice that the Attorney Gen-
eral has determined that receipt of a firearm by the em-
ployee would not be unlawful. 
‘‘(2) The Attorney General may temporarily waive 
the applicability of paragraph (1) to an employer with re-
spect to an employee about whom the employer has sub-
mitted to the Attorney General the information described 
in paragraph (3) if the Attorney General determines that 
the Attorney General will be unable to make a determina-
tion under paragraph (3) with respect to the employee in 
a timely manner. 
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‘‘(3)(A) If the Attorney General receives from a li-
censed dealer the name and other identifying information 
of an employee who will be authorized by the licensed deal-
er to possess or transfer a firearm in the course of employ-
ment with the licensed dealer, the Attorney General shall 
determine whether it would be unlawful for the employee 
to receive a firearm under Federal law or under the law 
of any State or locality in which the employee may be so 
authorized. In making the determination, the Attorney 
General may take into account a letter or document issued 
under subparagraph (B). 
‘‘(B)(i) If the Attorney General determines that such 
a receipt of a firearm by the employee would not be unlaw-
ful, the Attorney General shall notify the licensed dealer 
in writing or electronically of the determination, and issue 
to the employee a letter of clearance, which confirms the 
determination. 
‘‘(ii) If the Attorney General determines that such a 
receipt of a firearm by the employee would be unlawful, 
the Attorney General shall notify the licensed dealer in 
writing or electronically of the determination, and issue 
to the employee a document that— 
‘‘(I) confirms the determination; 
‘‘(II) explains the grounds for the determina-
tion; 
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‘‘(III) provides information on how the dis-
ability may be relieved; and 
‘‘(IV) explains how the determination may be 
appealed.’’. 
(b) PENALTIES.— 
(1) ADMINISTRATIVE.—Section 923(e) of such 
title is amended by inserting ‘‘knowingly violated 
subsection (m)(1) or’’ before ‘‘willfully violated’’. 
(2) CRIMINAL.—Section 924(a)(1)(D) of such 
title is amended by inserting ‘‘knowingly violates sec-
tion 923(m)(1) or’’ before ‘‘willfully’’. 
(c) CORRECTION OF ERRONEOUS SYSTEM INFORMA-
TION.—Section 103(g) of the Brady Handgun Violence 
Prevention Act (18 U.S.C. 922 note) is amended— 
(1) by inserting ‘‘or by an employee of the indi-
vidual’’ after ‘‘transferee’’ the 1st place it appears; 
and 
(2) by inserting ‘‘or employee, as the case may 
be,’’ after ‘‘transferee’’ each subsequent place it ap-
pears. 
(d) EFFECTIVE DATE.—The amendment made by 
this section shall apply to conduct engaged in after the 
3-month period that begins with the date of the enactment 
of this Act. 
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TITLE III—PREVENTION OF TER-
RORISTS 
FROM 
OBTAINING 
FIREARMS OR EXPLOSIVES 
SEC. 301. GRANTING THE ATTORNEY GENERAL THE AU-
THORITY TO DENY THE SALE, DELIVERY, OR 
TRANSFER OF A FIREARM OR THE ISSUANCE 
OF A FIREARMS OR EXPLOSIVES LICENSE OR 
PERMIT TO DANGEROUS TERRORISTS. 
(a) STANDARD FOR EXERCISING ATTORNEY GEN-
ERAL DISCRETION REGARDING TRANSFERRING FIRE-
ARMS OR ISSUING FIREARMS PERMITS TO DANGEROUS 
TERRORISTS.—Chapter 44 of title 18, United States 
Code, is amended— 
(1) by inserting the following new section after 
section 922: 
‘‘§ 922A. Attorney General’s discretion to deny trans-
fer of a firearm 
‘‘The Attorney General may deny the transfer of a 
firearm pursuant to section 922(t)(1)(B)(ii) if the Attor-
ney General determines that the transferee is known (or 
appropriately suspected) to be or have been engaged in 
conduct constituting, in preparation for, in aid of, or re-
lated to terrorism, or providing material support thereof, 
and the Attorney General has a reasonable belief that the 
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prospective transferee may use a firearm in connection 
with terrorism.’’; 
(2) by inserting the following new section after 
section 922A: 
‘‘§ 922B. Attorney General’s discretion regarding ap-
plicants for firearm permits which would 
qualify for the exemption provided under 
section 922(t)(3) 
‘‘The Attorney General may determine that an appli-
cant for a firearm permit which would qualify for an ex-
emption under section 922(t) is known (or appropriately 
suspected) to be or have been engaged in conduct consti-
tuting, in preparation for, in aid of, or related to ter-
rorism, or providing material support thereof, and the At-
torney General has a reasonable belief that the applicant 
may use a firearm in connection with terrorism.’’; and 
(3) in section 921(a), by adding at the end the 
following: 
‘‘(36) The term ‘terrorism’ means ‘international ter-
rorism’ as defined in section 2331(1), and ‘domestic ter-
rorism’ as defined in section 2331(5). 
‘‘(37) The term ‘material support’ means ‘material 
support or resources’ within the meaning of section 2339A 
or 2339B. 
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‘‘(38) The term ‘responsible person’ means an indi-
vidual who has the power, directly or indirectly, to direct 
or cause the direction of the management and policies of 
the applicant or licensee pertaining to firearms.’’. 
(b) EFFECT
OF
ATTORNEY
GENERAL
DISCRE-
TIONARY DENIAL THROUGH
THE NATIONAL INSTANT 
CRIMINAL BACKGROUND CHECK SYSTEM (NICS) ON 
FIREARMS PERMITS.—Section 922(t) of such title is 
amended— 
(1) in paragraph (1)(B)(ii), by inserting ‘‘or 
State law, or that the Attorney General has deter-
mined to deny the transfer of a firearm pursuant to 
section 922A’’ before the semicolon; 
(2) in paragraph (2), by inserting after ‘‘or 
State law’’ the following: ‘‘or if the Attorney General 
has not determined to deny the transfer of a firearm 
pursuant to section 922A’’; 
(3) in paragraph (3)(A)(i)— 
(A) by striking ‘‘and’’ at the end of sub-
clause (I); and 
(B) by adding at the end the following: 
‘‘(III) was issued after a check of the system 
established pursuant to paragraph (1);’’; 
(4) in paragraph (3)(A)— 
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(A) by adding ‘‘and’’ at the end of clause 
(ii); and 
(B) by adding after and below the end the 
following: 
‘‘(iii) the State issuing the permit 
agrees to deny the permit application if 
such other person is the subject of a deter-
mination by the Attorney General pursuant 
to section 922B;’’; 
(5) in paragraph (4), by inserting after ‘‘or 
State law,’’ the following: ‘‘or if the Attorney Gen-
eral has not determined to deny the transfer of a 
firearm pursuant to section 922A,’’; and 
(6) in paragraph (5), by inserting after ‘‘or 
State law,’’ the following: ‘‘or if the Attorney Gen-
eral has determined to deny the transfer of a fire-
arm pursuant to section 922A,’’. 
(c) UNLAWFUL SALE OR DISPOSITION OF FIREARM 
BASED
ON ATTORNEY GENERAL DISCRETIONARY DE-
NIAL.—Section 922(d) of such title is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(8); 
(2) by striking the period at the end of para-
graph (9) and inserting ‘‘; or’’; 
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(3) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) has been the subject of a determination 
by the Attorney General pursuant to section 922A, 
922B, 923(d)(1)(H), or 923(e) of this title.’’. 
(d) ATTORNEY GENERAL DISCRETIONARY DENIAL 
AS PROHIBITOR.—Section 922(g) of such title is amend-
ed— 
(1) by striking ‘‘or’’ at the end of paragraph 
(8); 
(2) by striking the comma at the end of para-
graph (9) and inserting; ‘‘; or’’; and 
(3) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) who has received actual notice of the At-
torney General’s determination made pursuant to 
section 922A, 922B, 923(d)(1)(H), or 923(e) of this 
title.’’. 
(e) ATTORNEY GENERAL DISCRETIONARY DENIAL 
OF FEDERAL FIREARMS LICENSES.—Section 923(d)(1) of 
such title is amended— 
(1) by striking ‘‘Any’’ and inserting ‘‘Except as 
provided in subparagraph (H), any’’; 
(2) in subparagraph (F)(iii), by striking ‘‘and’’ 
at the end; 
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(3) in subparagraph (G), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(H) The Attorney General may deny a li-
cense application if the Attorney General deter-
mines that the applicant (including any respon-
sible person) is known (or appropriately sus-
pected) to be or have been engaged in conduct 
constituting, in preparation for, in aid of, or re-
lated to terrorism, or providing material sup-
port thereof, and the Attorney General has a 
reasonable belief that the applicant may use a 
firearm in connection with terrorism.’’. 
(f) DISCRETIONARY REVOCATION OF FEDERAL FIRE-
ARMS LICENSES.—Section 923(e) of such title is amend-
ed— 
(1) in the 1st sentence— 
(A) by inserting after ‘‘revoke’’ the fol-
lowing: ‘‘—(1)’’; and 
(B) by striking the period and inserting a 
semicolon; 
(2) in the 2nd sentence— 
(A) by striking ‘‘The Attorney General 
may, after notice and opportunity for hearing, 
revoke’’ and insert ‘‘(2)’’; and 
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