I 
113TH CONGRESS 
1ST SESSION 
H. R. 137 
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 
JANUARY 3, 2013 
Mrs. MCCARTHY of New York introduced the following bill; which was 
referred to the Committee on the Judiciary 
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, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Fix Gun Checks Act of 2013’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title and 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 of the definition of drug abusers and drug addicts who 
are prohibited from possessing firearms. 
TITLE II—REQUIRING A BACKGROUND CHECK FOR EVERY 
FIREARM SALE 
Sec. 201. Purpose. 
Sec. 202. Firearms transfers. 
Sec. 203. Effective date. 
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) IN GENERAL.—Section 104(b) of the NICS Im-
provement Amendments Act of 2007 (18 U.S.C. 922 note) 
is amended to read as follows: 
‘‘(b) PENALTIES.— 
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‘‘(1) DISCRETIONARY REDUCTION.—During the 
2-year period beginning 3 years after January 8, 
2008, the Attorney General may withhold not more 
than 3 percent of the amount that would otherwise 
be allocated to a State under section 505 of the Om-
nibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3755) if the State provides less than 50 
percent of the records required to be provided under 
sections 102 and 103. 
‘‘(2) MANDATORY REDUCTIONS.— 
‘‘(A) During the 2-year period after the ex-
piration of the period referred to in paragraph 
(1), the Attorney General shall withhold 4 per-
cent of the amount that would otherwise be al-
located to a State under section 505 of the Om-
nibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3755) if the State provides 
less than 70 percent of the records required to 
be provided under sections 102 and 103. 
‘‘(B) After the expiration of the period re-
ferred to in subparagraph (A), the Attorney 
General shall withhold 5 percent of the amount 
that would otherwise be allocated to a State 
under section 505 of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 
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3755), if the State provides less than 90 per-
cent of the records required to be provided 
under sections 102 and 103.’’. 
(b) REPORTING OF STATE COMPLIANCE.—Not later 
than 1 year after the date of enactment of this Act, and 
every year thereafter, the Attorney General shall publish, 
and make available on a publicly accessible website, a re-
port that ranks the States by the ratio of number of 
records submitted by each State under sections 102 and 
103 of the NICS Improvement Amendments Act of 2007 
(18 U.S.C. 922 note) to the estimated total number of 
available records of the State. 
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 
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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 
(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 
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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 
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. 
(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 defec-
tive’ shall— 
‘‘(A) have the meaning given the term in 
section 478.11 of title 27, Code of Federal Reg-
ulations, or any successor thereto; and 
‘‘(B) include an order by a court, board, 
commission, or other lawful authority that a 
person, in response to mental illness, incom-
petency, or marked subnormal intelligence, be 
compelled to receive services— 
‘‘(i) including counseling, medication, 
or testing to determine compliance with 
prescribed medications; and 
‘‘(ii) not including testing for use of 
alcohol or for abuse of any controlled sub-
stance or other drug. 
‘‘(37) The term ‘committed to a mental institu-
tion’ shall have the meaning given the term in sec-
tion 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-
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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: 
‘‘(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 2013 until the end of the 
2-year period beginning on such date of enact-
ment.’’. 
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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 
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— 
‘‘(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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SEC. 202. 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 received 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) after inspecting a permit that con-
firms a background check under subsection (f); 
or 
‘‘(iii) 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); or 
‘‘(ii) 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 the licensed dealer 
through which the transfer is made under sub-
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section (d) makes the notification described in 
subsection (d)(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— 
‘‘(A)(i) through a licensed dealer under 
subsection (d); 
‘‘(ii) after inspecting a permit that con-
firms a background check in accordance with 
subsection (f); or 
‘‘(iii) 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 (f), an unlicensed trans-
feree— 
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‘‘(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); or 
‘‘(ii) 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 the licensed deal-
er through which the transfer is made under 
subsection (d) makes a notification described in 
subsection (d)(3)(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; 
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‘‘(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-
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) PURCHASE
PERMITS
CONFIRMING
BACK-
GROUND CHECKS.—An unlicensed transferor may transfer 
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a firearm to an unlicensed transferee if the unlicensed 
transferor verifies that— 
‘‘(1) the unlicensed transferee has presented to 
a licensed dealer a permit or license that allows the 
unlicensed transferee to possess, acquire, or carry a 
firearm, and the licensed dealer 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 
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-
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censed transferee containing a photograph of the un-
licensed transferee. 
‘‘(f) 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 
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 
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‘‘(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 
‘‘(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 
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‘‘(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. 
‘‘(g) PROCESSING FEES.—A licensed dealer that 
processes the transfer of a firearm under this section may 
assess and collect a fee, in an amount not to exceed $15, 
with respect to each firearm transfer processed.’’. 
(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. 
Æ 
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