lished under paragraph (1) shall be treated as 
having not met any benchmark established 
under paragraph (2).’’. 
SEC. 102. REQUIREMENT THAT FEDERAL AGENCIES CER-
TIFY THAT THEY HAVE SUBMITTED TO THE 
NATIONAL INSTANT CRIMINAL BACKGROUND 
CHECK SYSTEM ALL RECORDS IDENTIFYING 
PERSONS PROHIBITED FROM PURCHASING 
FIREARMS UNDER FEDERAL LAW. 
Section 103(e)(1) of the Brady Handgun Violence 
Prevention Act (18 U.S.C. 922 note) is amended by add-
ing at the end the following: 
‘‘(F) SEMIANNUAL
CERTIFICATION
AND 
REPORTING.— 
‘‘(i) IN GENERAL.—The head of each 
Federal department or agency shall submit 
to the Attorney General a written certifi-
cation indicating whether the department 
or agency has provided to the Attorney 
General the pertinent information con-
tained in any record of any person that the 
department or agency was in possession of 
during the time period addressed by the 
report demonstrating that the person falls 
within a category described in subsection 
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(g) or (n) of section 922 of title 18, United 
States Code. 
‘‘(ii) SUBMISSION DATES.—The head 
of a Federal department or agency shall 
submit a certification under clause (i)— 
‘‘(I) not later than July 31 of 
each year, which shall address any 
record the department or agency was 
in possession of during the period be-
ginning on January 1 of the year and 
ending on June 30 of the year; and 
‘‘(II) not later than January 31 
of each year, which shall address any 
record the department or agency was 
in possession of during the period be-
ginning on July 1 of the previous year 
and ending on December 31 of the 
previous year. 
‘‘(iii) CONTENTS.—A certification re-
quired under clause (i) shall state, for the 
applicable period— 
‘‘(I) the number of records of the 
Federal department or agency dem-
onstrating that a person fell within 
each of the categories described in 
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section 922(g) of title 18, United 
States Code; 
‘‘(II) the number of records of 
the Federal department or agency 
demonstrating that a person fell with-
in the category described in section 
922(n) of title 18, United States 
Code; and 
‘‘(III) 
for 
each 
category 
of 
records described in subclauses (I) 
and (II), the total number of records 
of the Federal department or agency 
that have been provided to the Attor-
ney General.’’. 
SEC. 103. ADJUDICATED AS A MENTAL DEFECTIVE. 
(a) IN GENERAL.—Section 921(a) of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(36) The term ‘adjudicated as a mental defective’ 
shall— 
‘‘(A) have the meaning given the term in sec-
tion 478.11 of title 27, Code of Federal Regulations, 
or any successor thereto; and 
‘‘(B) include an order by a court, board, com-
mission, or other lawful authority that a person, in 
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response to mental illness, incompetency, or marked 
subnormal intelligence, be compelled to receive serv-
ices— 
‘‘(i) including counseling, medication, or 
testing to determine compliance with prescribed 
medications; and 
‘‘(ii) not including testing for use of alco-
hol or for abuse of any controlled substance or 
other drug. 
‘‘(37) The term ‘committed to a mental institution’ 
shall have the meaning given the term in section 478.11 
of title 27, Code of Federal Regulations, or any successor 
thereto.’’. 
(b) LIMITATION.—An individual who has been adju-
dicated as a mental defective before the effective date de-
scribed in section 203 may not apply for relief from dis-
ability under section 101(c)(2) of the NICS Improvement 
Amendments Act of 2007 (18 U.S.C. 922 note) on the 
basis that the individual does not meet the requirements 
in section 921(a)(36) of title 18, United States Code, as 
added by subsection (a). 
(c) NICS IMPROVEMENT AMENDMENTS ACT
OF 
2007.—Section 3 of the NICS Improvement Amendments 
Act of 2007 (18 U.S.C. 922 note) is amended by striking 
paragraph (2) and inserting the following: 
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‘‘(2) MENTAL HEALTH TERMS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the terms ‘adjudicated as a 
mental defective’ and ‘committed to a mental 
institution’ shall have the meaning given the 
terms in section 921(a) of title 18, United 
States Code. 
‘‘(B) EXCEPTION.—For purposes of sec-
tions 102 and 103, the terms ‘adjudicated as a 
mental defective’ and ‘committed to a mental 
institution’ shall have the same meanings as on 
the day before the date of enactment of the Fix 
Gun Checks Act of 2015 until the end of the 
2-year period beginning on such date of enact-
ment.’’. 
SEC. 104. CLARIFICATION THAT FEDERAL COURT INFOR-
MATION IS TO BE MADE AVAILABLE TO THE 
NATIONAL INSTANT CRIMINAL BACKGROUND 
CHECK SYSTEM. 
Section 103(e)(1) of the Brady Handgun Violence 
Protection Act (18 U.S.C. 922 note), as amended by sec-
tion 102 of this Act, is amended by adding at the end 
the following: 
‘‘(G) 
APPLICATION
TO
FEDERAL 
COURTS.—In this paragraph— 
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‘‘(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.’’. 
TITLE II—REQUIRING A BACK-
GROUND CHECK FOR EVERY 
FIREARM SALE 
SEC. 201. PURPOSE. 
The purpose of this title is to extend the Brady Law 
background check procedures to all sales and transfers of 
firearms. 
SEC. 202. FIREARMS TRANSFERS. 
(a) IN GENERAL.—Section 922 of title 18, United 
States Code, is amended— 
(1) by striking subsection (s) and redesignating 
subsection (t) as subsection (s); 
(2) in subsection (s), as so redesignated— 
(A) in paragraph (3)(C)(ii), by striking 
‘‘(as defined in subsection (s)(8))’’; and 
(B) by adding at the end the following: 
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‘‘(7) In this subsection, the term ‘chief law en-
forcement officer’ means the chief of police, the 
sheriff, or an equivalent officer or the designee of 
any such individual.’’; and 
(3) by inserting after subsection (s), as so re-
designated, the following: 
‘‘(t)(1) It shall be unlawful for any person who is not 
a licensed importer, licensed manufacturer, or licensed 
dealer to transfer a firearm to any other person who is 
not so licensed, unless a licensed importer, licensed manu-
facturer, or licensed dealer has first taken possession of 
the firearm for the purpose of complying with subsection 
(s). Upon taking possession of the firearm, the licensee 
shall comply with all requirements of this chapter as if 
the licensee were transferring the firearm from the inven-
tory of the licensee to the unlicensed transferee. 
‘‘(2) Paragraph (1) shall not apply to— 
‘‘(A) a transfer of a firearm by or to any law 
enforcement agency or any law enforcement officer, 
armed private security professional, or member of 
the armed forces, to the extent the officer, profes-
sional, or member is acting within the course and 
scope of employment and official duties; 
‘‘(B) a transfer that is a loan or bona fide gift 
between spouses, between domestic partners, be-
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tween parents and their children, between siblings, 
or between grandparents and their grandchildren; 
‘‘(C) a transfer to an executor, administrator, 
trustee, or personal representative of an estate or a 
trust that occurs by operation of law upon the death 
of another person; 
‘‘(D) a temporary transfer that is necessary to 
prevent imminent death or great bodily harm, if the 
possession by the transferee lasts only as long as im-
mediately necessary to prevent the imminent death 
or great bodily harm; 
‘‘(E) a transfer that is approved by the Attor-
ney General under section 5812 of the Internal Rev-
enue Code of 1986; 
‘‘(F) 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 firearms under State or Federal 
law, and the transfer takes place and the trans-
feree’s possession of the firearm is exclusively— 
‘‘(i) at a shooting range or in a shooting 
gallery or other area designated and built for 
the purpose of target shooting; 
‘‘(ii) while hunting, trapping, or fishing, if 
the hunting, trapping, or fishing is legal in all 
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places where the transferee possesses the fire-
arm and the transferee holds all licenses or per-
mits required for such hunting, trapping, or 
fishing; or 
‘‘(iii) while in the presence of the trans-
feror.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) SECTION 922.—Section 922(y)(2) of such 
title is amended in the matter preceding subpara-
graph 
(A), 
by 
striking 
‘‘, 
(g)(5)(B), 
and 
(s)(3)(B)(v)(II)’’ and inserting ‘‘and (g)(5)(B)’’. 
(2) SECTION 925A.—Section 925A of such title 
is amended in the matter preceding paragraph (1), 
by striking ‘‘subsection (s) or (t) of section 922’’ 
and inserting ‘‘section 922(s)’’. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a)(4) shall take effect 180 days after the date 
of the enactment of this Act. 
SEC. 203. LOST AND STOLEN REPORTING. 
(a) IN GENERAL.—Section 922 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(aa) It shall be unlawful for any person who lawfully 
possesses or owns a firearm that has been shipped or 
transported in, or has been possessed in or affecting, inter-
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state or foreign commerce, to fail to report the theft or 
loss of the firearm, within 48 hours after the person dis-
covers the theft or loss, to the Attorney General and to 
the appropriate local authorities.’’. 
(b) PENALTY.—Section 924(a)(1)(B) of such title is 
amended to read as follows: 
‘‘(B) knowingly violates subsection (a)(4), 
(f), (k), (q), or (aa) of section 922;’’. 
Æ 
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