I 
113TH CONGRESS 
1ST SESSION H. R. 1565 
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 
APRIL 15, 2013 
Mr. KING of New York (for himself, Mr. THOMPSON of California, Mr. 
FITZPATRICK, Mr. MEEHAN, Mrs. MCCARTHY of New York, and Mr. 
DEFAZIO) introduced the following bill; which was referred to the Com-
mittee 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 provisions as fall within the jurisdic-
tion 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 2013’’. 
(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 our 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 2013’’; 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 2014 through 2017.’’. 
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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 2013, the 
Attorney General, in coordination with the States, 
shall establish for each State or Indian tribal gov-
ernment desiring a grant under section 103 a 4-year 
implementation plan to ensure maximum coordina-
tion and automation of the reporting of records or 
making records available to the National 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 assess imple-
mentation 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 2013. 
‘‘(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 2014 through 
2017.’’; 
(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 2013’’. 
(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 2013, 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 sec-
tion.’’. 
SEC. 105. ADDITIONAL PROTECTIONS FOR OUR VETERANS. 
(a) IN GENERAL.—Chapter 55 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 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 
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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. 
‘‘(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. 
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‘‘(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 2013, 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 
a petition for judicial review of such assessment with a 
Federal court of competent jurisdiction. 
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‘‘(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 2013, 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 2013, 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 2013, 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-
duciary is not considered adjudicated pursuant to 
subsection (d)(4) or (g)(4) of section 922 of title 18. 
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‘‘(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 2013, 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— 
‘‘(i) 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, except that when 
processing a transfer under this chapter the li-
censee may accept in lieu of conducting a back-
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ground check a valid permit issued within the 
previous 5 years by a State, or a political sub-
division of a State, that allows the transferee to 
possess, acquire, or carry a firearm, if the law 
of the State, or political subdivision of a State, 
that issued the permit requires that such per-
mit is issued only after an authorized govern-
ment official has verified that the information 
available to such official does not indicate that 
possession of a firearm by the unlicensed trans-
feree 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-
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dren or spouses of their children, between siblings or 
spouses of siblings, or between grandparents or 
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; 
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‘‘(B) knows or has reasonable cause to believe 
that the transferee is prohibited from purchasing, 
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 
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transfer occurs, shall be immune from a qualified civil li-
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 
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background check was required under this section, this 
section shall not be construed— 
‘‘(A) as creating a cause of action for any civil 
liability; or 
‘‘(B) as establishing any standard of care. 
‘‘(7) For purposes of this subsection, the term ‘gun 
show or event’— 
‘‘(A) means any event at which 75 or more fire-
arms are offered or exhibited for sale, exchange, or 
transfer, if 1 or more of the firearms has been 
shipped or transported in, or otherwise affects, inter-
state or foreign commerce; and 
‘‘(B) does not include an offer or exhibit of fire-
arms for sale, exchange, or transfer by an individual 
from the personal collection of that individual, at the 
private residence of that individual, if the individual 
is not required to be licensed under section 923.’’. 
(b) PROHIBITING
THE SEIZURE
OF RECORDS
OR 
DOCUMENTS.—Section 923(g)(1)(D) is amended by strik-
ing, ‘‘The inspection and examination authorized by this 
paragraph shall not be construed as authorizing the Attor-
ney General to seize any records or other documents other 
than those records or documents constituting material evi-
dence of a violation of law,’’ and inserting the following: 
‘‘The Attorney General shall be prohibited from seizing 
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any records or other documents in the course of an inspec-
tion or examination authorized by this paragraph other 
than those records or documents constituting material evi-
dence of a violation of law.’’. 
(c) PROHIBITION OF NATIONAL GUN REGISTRY.— 
Section 923 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘(m) The Attorney General may not consolidate or 
centralize the records of the— 
‘‘(1) acquisition or disposition of firearms, or 
any portion thereof, maintained by— 
‘‘(A) a person with a valid, current license 
under this chapter; 
‘‘(B) an unlicensed transferor under sec-
tion 922(t); or 
‘‘(2) possession or ownership of a firearm, 
maintained by any medical or health insurance enti-
ty.’’. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) SECTION
922.—Section 922(y)(2) of title 
18, United States Code, is amended, in the matter 
preceding 
subparagraph 
(A), 
by 
striking 
‘‘, 
(g)(5)(B), and (s)(3)(B)(v)(II)’’ and inserting ‘‘and 
(g)(5)(B)’’. 
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(2) CONSOLIDATED AND FURTHER CONTINUING 
APPROPRIATIONS ACT, 2012.—Section 511 of title V 
of division B of the Consolidated and Further Con-
tinuing Appropriations Act, 2012 (18 U.S.C. 922 
note) is amended by striking ‘‘subsection 922(t)’’ 
and inserting ‘‘subsection (s) or (t) of section 922’’ 
each place it appears. 
SEC. 203. PENALTIES. 
Section 924 of title 18, United States Code, is 
amended— 
(1) in subsection (a), by adding at the end the 
following: 
‘‘(8) Whoever makes or attempts to make a transfer 
of a firearm in violation of section 922(t) to a person not 
licensed under this chapter who is prohibited from receiv-
ing a firearm under subsection (g) or (n) of section 922 
or State law, to a law enforcement officer, or to a person 
acting at the direction of, or with the approval of, a law 
enforcement officer authorized to investigate or prosecute 
violations of section 922(t), shall be fined under this title, 
imprisoned not more than 5 years, or both.’’; and 
(2) by adding at the end the following: 
‘‘(q) IMPROPER USE OF STORAGE OF RECORDS.— 
Any person who knowingly violates section 923(m) shall 
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be fined under this title, imprisoned not more than 15 
years, or both.’’. 
SEC. 204. FIREARMS DISPOSITIONS. 
Section 922(b)(3) of title 18, United States Code, is 
amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘located’’ and inserting ‘‘located or tem-
porarily located’’; and 
(2) in subparagraph (A)— 
(A) by striking ‘‘rifle or shotgun’’ and in-
serting ‘‘firearm’’; 
(B) by striking ‘‘located’’ and inserting 
‘‘located or temporarily located’’; and 
(C) by striking ‘‘both such States’’ and in-
serting ‘‘the State in which the transfer is con-
ducted and the State of residence of the trans-
feree’’. 
SEC. 205. FIREARM DEALER ACCESS TO LAW ENFORCE-
MENT INFORMATION. 
Section 103(b) of Public Law 103–159 (18 U.S.C. 
922 note), is amended— 
(1) by striking ‘‘Not later than’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—Not later than’’; and 
(2) by adding at the end the following: 
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‘‘(2) VOLUNTARY BACKGROUND CHECKS.—Not 
later than 90 days after the date of enactment of 
the Public Safety and Second Amendment Rights 
Protection Act of 2013, the Attorney General shall 
promulgate regulations allowing licensees to use the 
National Instant Criminal Background Check Sys-
tem established under this section for purposes of 
conducting voluntary preemployment background 
checks on prospective employees.’’. 
SEC. 206. DEALER LOCATION. 
Section 923 of title 18, United States Code, is 
amended— 
(1) in subsection (j)— 
(A) in the first sentence, by striking ‘‘, and 
such location is in the State which is specified 
on the license’’; and 
(B) in the last sentence— 
(i) by inserting ‘‘transfer,’’ after 
‘‘sell,’’; and 
(ii) by striking ‘‘Act,’’ and all that fol-
lows and inserting ‘‘Act.’’; and 
(2) by adding after subsection (m), as added by 
section 202(c), the following: 
‘‘(n) Nothing in this chapter shall be construed to 
prohibit the sale, transfer, delivery, or other disposition 
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of a firearm or ammunition not otherwise prohibited under 
this chapter— 
‘‘(1) by a person licensed under this chapter to 
another person so licensed, at any location in any 
State; or 
‘‘(2) by a licensed importer, licensed manufac-
turer, or licensed dealer to a person not licensed 
under this chapter, at a temporary location de-
scribed in subsection (j) in any State.’’. 
SEC. 207. RESIDENCE OF UNITED STATES OFFICERS. 
Section 921 of title 18, United States Code, is 
amended by striking subsection (b) and inserting the fol-
lowing: 
‘‘(b) For purposes of this chapter: 
‘‘(1) A member of the Armed Forces on active 
duty, or a spouse of such a member, is a resident 
of— 
‘‘(A) the State in which the member or 
spouse maintains legal residence; 
‘‘(B) the State in which the permanent 
duty station of the member is located; and 
‘‘(C) the State in which the member main-
tains a place of abode from which the member 
commutes each day to the permanent duty sta-
tion of the member. 
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‘‘(2) An officer or employee of the United 
States (other than a member of the Armed Forces) 
who is stationed outside the United States for a pe-
riod of more than 1 year, and a spouse of such an 
officer or employee, is a resident of the State in 
which the person maintains legal residence.’’. 
SEC. 208. INTERSTATE TRANSPORTATION OF FIREARMS OR 
AMMUNITION. 
(a) IN GENERAL.—Section 926A of title 18, United 
States Code, is amended to read as follows: 
‘‘§ 926A. Interstate transportation of firearms or am-
munition 
‘‘(a) DEFINITION.—In this section, the term ‘trans-
port’— 
‘‘(1) includes staying in temporary lodging over-
night, stopping for food, fuel, vehicle maintenance, 
an emergency, medical treatment, and any other ac-
tivity incidental to the transport; and 
‘‘(2) does not include transportation— 
‘‘(A) with the intent to commit a crime 
punishable by imprisonment for a term exceed-
ing 1 year that involves a firearm; or 
‘‘(B) with knowledge, or reasonable cause 
to believe, that a crime described in subpara-
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graph (A) is to be committed in the course of, 
or arising from, the transportation. 
‘‘(b) AUTHORIZATION.—Notwithstanding any provi-
sion of any law (including a rule or regulation) of a State 
or any political subdivision thereof, a person who is not 
prohibited by this chapter from possessing, transporting, 
shipping, or receiving a firearm or ammunition shall be 
entitled to— 
‘‘(1) transport a firearm for any lawful purpose 
from any place where the person may lawfully pos-
sess, carry, or transport the firearm to any other 
such place if, during the transportation— 
‘‘(A) the firearm is unloaded; and 
‘‘(B)(i) if the transportation is by motor 
vehicle— 
‘‘(I) the firearm is not directly acces-
sible from the passenger compartment of 
the motor vehicle; or 
‘‘(II) if the motor vehicle is without a 
compartment separate from the passenger 
compartment, the firearm is— 
‘‘(aa) in a locked container other 
than the glove compartment or con-
sole; or 
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‘‘(bb) secured by a secure gun 
storage or safety device; or 
‘‘(ii) if the transportation is by other 
means, the firearm is in a locked container or 
secured by a secure gun storage or safety de-
vice; and 
‘‘(2) transport ammunition for any lawful pur-
pose from any place where the person may lawfully 
possess, carry, or transport the ammunition, to any 
other such place if, during the transportation— 
‘‘(A) the ammunition is not loaded into a 
firearm; and 
‘‘(B)(i) if the transportation is by motor 
vehicle— 
‘‘(I) the ammunition is not directly 
accessible from the passenger compartment 
of the motor vehicle; or 
‘‘(II) if the motor vehicle is without a 
compartment separate from the passenger 
compartment, the ammunition is in a 
locked container other than the glove com-
partment or console; or 
‘‘(ii) if the transportation is by other 
means, the ammunition is in a locked container. 
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‘‘(c) LIMITATION ON ARREST AUTHORITY.—A person 
who is transporting a firearm or ammunition may not 
be— 
‘‘(1) arrested for violation of any law or any 
rule or regulation of a State, or any political subdivi-
sion thereof, relating to the possession, transpor-
tation, or carrying of firearms or ammunition, unless 
there is probable cause that the transportation is not 
in accordance with subsection (b); or 
‘‘(2) detained for violation of any law or any 
rule or regulation of a State, or any political subdivi-
sion thereof, relating to the possession, transpor-
tation, or carrying of firearms or ammunition, unless 
there is reasonable suspicion that the transportation 
is not in accordance with subsection (b).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 44 of title 18, United 
States Code, is amended by striking the item relating to 
section 926A and inserting the following: 
‘‘926A. Interstate transportation of firearms or ammunition.’’. 
SEC. 209. RULE OF CONSTRUCTION. 
Nothing in this title, or an amendment made by this 
title, shall be construed— 
(1) to extend background check requirements to 
transfers other than those made at gun shows or on 
the curtilage thereof, or pursuant to an advertise-
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ment, posting, display, or other listing on the Inter-
net or in a publication by the transferor of the in-
tent of the transferor to transfer, or the transferee 
of the intent of the transferee to acquire, the fire-
arm; or 
(2) to extend background check requirements to 
temporary transfers for purposes including lawful 
hunting or sporting or to temporary possession of a 
firearm for purposes of examination or evaluation by 
a prospective transferee. 
SEC. 210. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), this title and the amendments made by this title shall 
take effect 180 days after the date of enactment of this 
Act. 
(b) FIREARM DEALER ACCESS TO LAW ENFORCE-
MENT INFORMATION.—Section 205 and the amendments 
made by section 205 shall take effect on the date of enact-
ment of this Act. 
TITLE III—NATIONAL COMMIS-
SION ON MASS VIOLENCE 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘National Commission 
on Mass Violence Act of 2013’’. 
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SEC. 302. NATIONAL COMMISSION ON MASS VIOLENCE. 
(a) ESTABLISHMENT OF COMMISSION.—There is es-
tablished a commission to be known as the National Com-
mission on Mass Violence (in this title referred to as the 
‘‘Commission’’) to study the availability and nature of fire-
arms, including the means of acquiring firearms, issues 
relating to mental health, and all positive and negative im-
pacts of the availability and nature of firearms on inci-
dents of mass violence or in preventing mass violence. 
(b) MEMBERSHIP.— 
(1) APPOINTMENTS.—The Commission shall be 
composed of 12 members, of whom— 
(A) 6 members of the Commission shall be 
appointed by the Majority Leader of the Sen-
ate, in consultation with the Democratic leader-
ship of the House of Representatives, 1 of 
whom shall serve as Chairman of the Commis-
sion; and 
(B) 6 members of the Commission shall be 
appointed by the Speaker of the House of Rep-
resentatives, in consultation with the Repub-
lican leadership of the Senate, 1 of whom shall 
serve as Vice Chairman of the Commission. 
(2) PERSONS ELIGIBLE.— 
(A) IN
GENERAL.—The members ap-
pointed to the Commission shall include— 
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(i) well-known and respected individ-
uals among their peers in their respective 
fields of expertise; and 
(ii) not less than 1 non-elected indi-
vidual from each of the following cat-
egories, who has expertise in the category, 
by both experience and training: 
(I) Firearms. 
(II) Mental health. 
(III) School safety. 
(IV) Mass media. 
(B) EXPERTS.—In identifying the individ-
uals to serve on the Commission, the appointing 
authorities shall take special care to identify ex-
perts in the fields described in section 
303(a)(2). 
(C) PARTY AFFILIATION.—Not more than 
6 members of the Commission shall be from the 
same political party. 
(3) COMPLETION
OF
APPOINTMENTS; VACAN-
CIES.—Not later than 30 days after the date of en-
actment of this Act, the appointing authorities under 
paragraph (1) shall each make their respective ap-
pointments. Any vacancy that occurs during the life 
of the Commission shall not affect the powers of the 
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Commission, and shall be filled in the same manner 
as the original appointment not later than 30 days 
after the vacancy occurs. 
(4) OPERATION OF THE COMMISSION.— 
(A) MEETINGS.— 
(i) IN
GENERAL.—The Commission 
shall meet at the call of the Chairman. 
(ii) INITIAL
MEETING.—The initial 
meeting of the Commission shall be con-
ducted not later than 30 days after the 
later of— 
(I) the date of the appointment 
of the last member of the Commis-
sion; or 
(II) the date on which appro-
priated funds are available for the 
Commission. 
(B) 
QUORUM; 
VACANCIES; 
VOTING; 
RULES.—A majority of the members of the 
Commission shall constitute a quorum to con-
duct business, but the Commission may estab-
lish a lesser quorum for conducting hearings 
scheduled by the Commission. Each member of 
the Commission shall have 1 vote, and the vote 
of each member shall be accorded the same 
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weight. The Commission may establish by ma-
jority vote any other rules for the conduct of 
the Commission’s business, if such rules are not 
inconsistent with this title or other applicable 
law. 
SEC. 303. DUTIES OF THE COMMISSION. 
(a) STUDY.— 
(1) IN GENERAL.—It shall be the duty of the 
Commission to conduct a comprehensive factual 
study of incidents of mass violence, including inci-
dents of mass violence not involving firearms, in the 
context of the many acts of senseless mass violence 
that occur in the United States each year, in order 
to determine the root causes of such mass violence. 
(2) MATTERS TO BE STUDIED.—In determining 
the root causes of these recurring and tragic acts of 
mass violence, the Commission shall study any mat-
ter that the Commission determines relevant to 
meeting the requirements of paragraph (1), includ-
ing at a minimum— 
(A) the role of schools, including the level 
of involvement and awareness of teachers and 
school administrators in the lives of their stu-
dents and the availability of mental health and 
other resources and strategies to help detect 
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and counter tendencies of students towards 
mass violence; 
(B) the effectiveness of and resources 
available for school security strategies to pre-
vent incidents of mass violence; 
(C) the role of families and the availability 
of mental health and other resources and strat-
egies to help families detect and counter ten-
dencies toward mass violence; 
(D) the effectiveness and use of, and re-
sources available to, the mental health system 
in understanding, detecting, and countering 
tendencies toward mass violence, as well as the 
effects of treatments and therapies; 
(E) whether medical doctors and other 
mental health professionals have the ability, 
without negative legal or professional con-
sequences, to notify law enforcement officials 
when a patient is a danger to himself or others; 
(F) the nature and impact of the alien-
ation of the perpetrators of such incidents of 
mass violence from their schools, families, peer 
groups, and places of work; 
(G) the role that domestic violence plays in 
causing incidents of mass violence; 
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(H) the effect of depictions of mass vio-
lence in the media, and any impact of such de-
pictions on incidents of mass violence; 
(I) the availability and nature of firearms, 
including the means of acquiring such firearms, 
and all positive and negative impacts of such 
availability and nature on incidents of mass vio-
lence or in preventing mass violence; 
(J) the role of current prosecution rates in 
contributing to the availability of weapons that 
are used in mass violence; 
(K) the availability of information regard-
ing the construction of weapons, including ex-
plosive devices, and any impact of such infor-
mation on such incidents of mass violence; 
(L) the views of law enforcement officials, 
religious leaders, mental health experts, and 
other relevant officials on the root causes and 
prevention of mass violence; 
(M) incidents in which firearms were used 
to stop mass violence; and 
(N) any other area that the Commission 
determines contributes to the causes of mass vi-
olence. 
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(3) TESTIMONY OF VICTIMS AND SURVIVORS.— 
In determining the root causes of these recurring 
and tragic incidents of mass violence, the Commis-
sion shall, in accordance with section 304(a), take 
the testimony of victims and survivors to learn and 
memorialize their views and experiences regarding 
such incidents of mass violence. 
(b) RECOMMENDATIONS.—Based on the findings of 
the study required under subsection (a), the Commission 
shall make recommendations to the President and Con-
gress to address the causes of these recurring and tragic 
incidents of mass violence and to reduce such incidents 
of mass violence. 
(c) REPORTS.— 
(1) INTERIM
REPORT.—Not later than 3 
months after the date on which the Commission first 
meets, the Commission shall submit to the President 
and Congress an interim report describing any ini-
tial recommendations of the Commission. 
(2) FINAL REPORT.—Not later than 6 months 
after the date on which the Commission first meets, 
the Commission shall submit to the President and 
Congress a comprehensive report of the findings and 
conclusions of the Commission, together with the 
recommendations of the Commission. 
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(3) SUMMARIES.—The report under paragraph 
(2) shall include a summary of— 
(A) the reports submitted to the Commis-
sion by any entity under contract for research 
under section 304(e); and 
(B) any other material relied on by the 
Commission in the preparation of the report. 
SEC. 304. POWERS OF THE COMMISSION. 
(a) HEARINGS.— 
(1) IN GENERAL.—The Commission may hold 
such hearings, sit and act at such times and places, 
administer such oaths, take such testimony, and re-
ceive such evidence as the Commission considers ad-
visable to carry out its duties under section 143. 
(2) WITNESS EXPENSES.—Witnesses requested 
to appear before the Commission shall be paid the 
same fees as are paid to witnesses under section 
1821 of title 28, United States Code. 
(b) INFORMATION FROM FEDERAL AGENCIES.—The 
Commission may secure directly from any Federal agency 
such information as the Commission considers necessary 
to carry out its duties under section 143. Upon the request 
of the Commission, the head of such agency may furnish 
such information to the Commission. 
(c) INFORMATION TO BE KEPT CONFIDENTIAL.— 
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