I 
112TH CONGRESS 
1ST SESSION H. R. 1781 
To ensure that all individuals who should be prohibited from buying a firearm 
are listed in the national instant criminal background check system 
and require a background check for every firearm sale. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 5, 2011 
Mrs. MCCARTHY of New York (for herself, Ms. WASSERMAN SCHULTZ, Mr. 
CONYERS, Mr. SCOTT of Virginia, Mr. ACKERMAN, Ms. NORTON, Mr. 
GRIJALVA, Mr. HONDA, Ms. BROWN of Florida, Mrs. CAPPS, Mr. TOWNS, 
Mr. SERRANO, Mr. NADLER, Mr. ELLISON, Mr. CONNOLLY of Virginia, 
Mr. TIERNEY, Mr. CICILLINE, Ms. CHU, Mr. ROTHMAN of New Jersey, 
Mr. DEUTCH, Mr. QUIGLEY, Mr. STARK, Mr. MORAN, Mr. OLVER, Mr. 
JOHNSON of Georgia, Ms. MATSUI, Mrs. MALONEY, Mr. FATTAH, Mr. 
HOLT, Mr. FARR, and Mr. ENGEL) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Committee on Education and the Workforce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To ensure that all individuals who should be prohibited from 
buying a firearm are listed in the national instant crimi-
nal background check system and require a background 
check for every firearm sale. 
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 
‘‘Fix Gun Checks Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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. Penalties for States that do not make data electronically available to 
the National Instant Criminal Background Check System. 
Sec. 102. Requirement that Federal agencies certify that they have submitted 
to the National Instant Criminal Background Check System all 
records identifying persons prohibited from purchasing fire-
arms under Federal law. 
Sec. 103. Adjudicated as a mental defective; mental health assessment plan. 
Sec. 104. Clarification that Federal court information is to be made available 
to the National Instant Criminal Background Check System. 
TITLE II—REQUIRING A BACKGROUND CHECK FOR EVERY 
FIREARM SALE 
Sec. 201. Purpose. 
Sec. 202. Firearms transfers. 
Sec. 203. Effective date. 
TITLE III—GAO STUDY 
Sec. 301. GAO study of the implementation of the NICS Improvements Amend-
ments Act of 2007. 
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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. PENALTIES FOR STATES THAT DO NOT MAKE 
DATA ELECTRONICALLY AVAILABLE TO THE 
NATIONAL INSTANT CRIMINAL BACKGROUND 
CHECK SYSTEM. 
(a) AMENDMENTS.—Section 104(b) of the NICS Im-
provement Amendments Act of 2007 (18 U.S.C. 922 note) 
is amended— 
(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) 
MANDATORY
REDUCTIONS.—Notwith-
standing paragraph (1)— 
‘‘(A) for the first fiscal year beginning 
after the date that is one year after the date of 
submission of the report required under section 
301(b) of the Fix Gun Checks Act of 2011, and 
each of the 4 succeeding fiscal years, the Attor-
ney General shall withhold 15 percent of the 
amount that would otherwise be allocated to a 
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State under section 505 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 
U.S.C. 3755) if the State provides less than 75 
percent of the records required to be provided 
under sections 102 and 103; and 
‘‘(B) after the expiration of the period re-
ferred to in subparagraph (A), the Attorney 
General shall withhold 25 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 provides less than 90 
percent of the records required to be provided 
under sections 102 and 103.’’; and 
(2) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) WAIVER
BY
ATTORNEY
GENERAL.—If a 
State provides substantial evidence, as determined 
by the Attorney General, that the State is making 
a reasonable effort to comply with the requirements 
of sections 102 and 103, including an inability to 
comply due to court order or other legal restriction, 
the Attorney General may reduce the percentage 
of— 
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‘‘(A) the amount withheld under paragraph 
(2)(A) to not less than 5 percent; and 
‘‘(B) the amount withheld under para-
graph (2)(B) to not less than 15 percent.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a)(2) shall take effect on the first day of the 
first fiscal year beginning after the date that is one year 
after the date of submission of the report required under 
section 301(b) this Act. 
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 
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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 
(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. 
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‘‘(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 
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.’’. 
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SEC. 103. ADJUDICATED AS A MENTAL DEFECTIVE; MENTAL 
HEALTH ASSESSMENT PLAN. 
(a) DEFINITION.—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’ 
means, with respect to a person, that— 
‘‘(A) a court, board, commission, or other law-
ful authority has determined, as a result of marked 
subnormal intelligence, mental illness, incompetency, 
or disease of the person, that the person— 
‘‘(i) is a danger to himself or others; 
‘‘(ii) lacks the mental capacity to contract 
or manage his own affairs; or 
‘‘(iii) be compelled to receive services, in-
cluding counseling, medication, or testing to de-
termine compliance with prescribed medications, 
but not including testing for use of alcohol or 
for abuse of any controlled substance or other 
drug; 
‘‘(B) the person has been found insane by a 
court in a criminal case; 
‘‘(C) the person has been found incompetent to 
stand trial; or 
‘‘(D) the person has been found not guilty by 
reason of lack of mental responsibility pursuant to 
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articles 50a and 72b of the Uniform Code of Mili-
tary Justice (10 U.S.C. 850a, 976b).’’. 
(b) MENTAL HEALTH ASSESSMENT PLAN FOR INSTI-
TUTIONS OF HIGHER EDUCATION.—Part B of title I of 
the Higher Education Act of 1965 (20 U.S.C. 1011 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 124. MENTAL HEALTH ASSESSMENT PLAN FOR INSTI-
TUTIONS OF HIGHER EDUCATION. 
‘‘(a) RESTRICTION ON ELIGIBILITY.—Each college, 
university, or postsecondary institution that receives Fed-
eral funds under this Act or any form of financial assist-
ance under any Federal program, including participation 
in any federally funded or guaranteed student loan pro-
gram, shall develop and implement, not later than 1 year 
from the date of enactment of this section, a mental health 
assessment plan that, at a minimum, includes— 
‘‘(1) a framework through which such college, 
university, or postsecondary institution will address 
the risks posed by students, including full-time stu-
dents and part-time students, who, as a result of ap-
parent mental illness or incompetency, pose a safety 
risk to themselves or others; 
‘‘(2) the establishment of a team that will as-
sess the mental health needs of, and safety risks 
posed by, any such student, consisting of— 
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‘‘(A) educators; 
‘‘(B) administrators; 
‘‘(C) counselors; or 
‘‘(D) other qualified members of the edu-
cational community; 
‘‘(3) a procedure for reporting such students to 
the team described in paragraph (2); 
‘‘(4) a procedure for making voluntary referrals 
for such students to on- and off-campus mental 
health resources; 
‘‘(5) a procedure for making involuntary refer-
rals for such students to State or local mental health 
authorities for mandatory evaluation, which shall in-
clude reporting such referrals to a State agency re-
sponsible for identifying persons described in section 
922(g)(4) of title 18, United States Code; and 
‘‘(6) a procedure for informing and educating 
the families of students who have been identified as 
posing safety risks to themselves or others. 
‘‘(b) INFORMATION AVAILABILITY.—Each college, 
university, or postsecondary institution that provides the 
plan described in subsection (a) shall make available to 
the students, faculty, and staff at such college, university, 
or postsecondary institution, a copy of the mental health 
assessment plan required under subsection (a).’’. 
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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 
Prevention 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— 
‘‘(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. 
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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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‘‘(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 in accordance with 
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-
feree— 
‘‘(A) subject to subparagraph (B), may not 
receive a firearm from an unlicensed transferor 
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 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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‘‘(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. 203. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
180 days after the date of enactment of this Act. 
TITLE III—GAO STUDY 
SEC. 301. GAO STUDY OF THE IMPLEMENTATION OF THE 
NICS IMPROVEMENTS AMENDMENTS ACT OF 
2007. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study to determine— 
(1) the effects that the NICS Improvements 
Amendments Act of 2007 (in this section referred to 
as the ‘‘NIAA’’) has had on State reporting to the 
national instant criminal background check system 
established under section 103 of the Brady Handgun 
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srobinson on DSKHWCL6B1PROD with BILLS
Violence Prevention Act (in this section referred to 
as the ‘‘NICS system’’); 
(2) which States are in compliance with the 
NIAA, and which are not; 
(3) any challenges or obstacles that States or 
local units of government face in complying with the 
reporting requirements of the NIAA, including chal-
lenges or obstacles States face in transmitting men-
tal health records and in providing reportable infor-
mation on unlawful drug use to the NICS system; 
and 
(4) the compliance of States with section 105 of 
the NIAA, including any challenges or obstacles 
faced by States in doing so. 
(b) REPORT TO THE CONGRESS.—Within 1 year after 
the date of the enactment of this Act, the Comptroller 
General shall submit to the Congress a written report that 
contains the results of the study required by subsection 
(a). 
Æ 
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