I 
113TH CONGRESS 
1ST SESSION 
H. R. 21 
To provide for greater safety in the use of firearms. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2013 
Mr. MORAN introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To provide for greater safety in the use of firearms. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘NRA Members’ Gun 
Safety Act of 2013’’. 
TITLE I—REQUIRING A BACK-
GROUND CHECK FOR EVERY 
FIREARM SALE 
SEC. 101. PURPOSE. 
The purpose of this title is to extend the Brady Law 
background check procedures to all sales and transfers of 
firearms. 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
SEC. 102. FIREARMS TRANSFERS. 
(a) IN GENERAL.—Chapter 44 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 932. Background checks for firearm transfers by 
unlicensed persons 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘unlicensed transferee’ means a 
person who— 
‘‘(A) is not licensed under this chapter; 
and 
‘‘(B) desires to receive a firearm from an 
unlicensed transferor; and 
‘‘(2) the term ‘unlicensed transferor’ means a 
person who— 
‘‘(A) is not licensed under this chapter; 
and 
‘‘(B) desires to transfer a firearm to an 
unlicensed transferee. 
‘‘(b) RESPONSIBILITIES OF TRANSFERORS OTHER 
THAN LICENSEES.— 
‘‘(1) IN GENERAL.—It shall be unlawful for an 
unlicensed transferor to transfer a firearm to an un-
licensed transferee, unless the firearm is trans-
ferred— 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
‘‘(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 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
‘‘(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— 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
‘‘(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 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
‘‘(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 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
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, two or more 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
pistols or revolvers, or any combination of pistols 
and revolvers totaling two or more, to the same unli-
censed transferee, in addition to the reports required 
under paragraph (4), prepare a report of the mul-
tiple 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— 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
‘‘(1)(A) contact the national instant criminal 
background check system under section 922(t); and 
‘‘(B)(i) receive an identification number as de-
scribed in section 922(t)(1)(B)(i); or 
‘‘(ii) 
wait 
the 
period 
described 
in 
922(t)(1)(B)(ii); 
‘‘(2) conduct such other checks as the agency 
considers appropriate to determine whether the re-
ceipt or possession of the firearm by the unlicensed 
transferee would violate section 922 or State law; 
‘‘(3) verify the identity of the unlicensed trans-
feree by— 
‘‘(A) examining a valid identification docu-
ment (as defined in section 1028(d)) of the un-
licensed transferee containing a photograph of 
the unlicensed transferee; or 
‘‘(B) confirming that the unlicensed trans-
feror has examined a valid identification docu-
ment described in subparagraph (A); 
‘‘(4) notify the unlicensed transferor and trans-
feree— 
‘‘(A) of the compliance by the law enforce-
ment agency with the requirements under para-
graphs (1), (2), and (3); and 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
‘‘(B) of any receipt by the law enforcement 
agency of a notification from the national in-
stant criminal background check system or 
other information that the transfer would vio-
late section 922 or would violate State law; 
‘‘(5) not later than 31 days after the date on 
which the transfer occurs, submit to the Attorney 
General a report of the transfer, which— 
‘‘(A) shall be on a form specified by the 
Attorney General by regulation; and 
‘‘(B) shall not include the name of or other 
identifying information relating to the unli-
censed transferor or unlicensed transferee; 
‘‘(6) if the law enforcement agency assists an 
unlicensed transferor in transferring, at the same 
time or during any 5 consecutive business days, two 
or more pistols or revolvers, or any combination of 
pistols and revolvers totaling two or more, to the 
same unlicensed transferee, in addition to the re-
ports required under paragraph (5), prepare a re-
port of the multiple transfers, which shall be— 
‘‘(A) prepared on a form specified by the 
Attorney General; and 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
‘‘(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 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
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 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
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 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
‘‘(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. 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
‘‘(i) RECORDS.—Nothing in subsection (e)(7) shall be 
construed to authorize the Attorney General to inspect 
records described in such subsection or to require that the 
records be transferred to a facility owned, managed, or 
controlled by the United States.’’. 
(b) PENALTIES.—Section 924(a)(5) of title 18, 
United States Code, is amended by inserting ‘‘or section 
932’’ after ‘‘section 922’’. 
(c) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 44 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘932. Background checks for firearm transfers by unlicensed persons.’’. 
SEC. 103. EFFECTIVE DATE. 
The amendments made by this title shall take effect 
180 days after the date of enactment of this Act. 
TITLE 
II—BACKGROUND 
CHECKS FOR GUN SHOP EM-
PLOYEES 
SEC. 201. BACKGROUND CHECKS REQUIRED FOR EMPLOY-
EES AUTHORIZED TO POSSESS OR TRANSFER 
FIREARMS OR AMMUNITION IN THE COURSE 
OF A LICENSED FIREARM BUSINESS. 
(a) IN GENERAL.—Section 923 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
‘‘(m)(1)(A) It shall be unlawful for a licensed dealer 
to authorize an employee hired by the employer on or after 
the effective date of this subsection to possess or transfer 
a firearm or ammunition in the course of employment with 
the licensed dealer, unless the licensed dealer has received 
from the Attorney General a notice that the Attorney Gen-
eral has determined that receipt of a firearm by the em-
ployee would not be unlawful. 
‘‘(B) Beginning 3 months after the effective date of 
this subsection, it shall be unlawful for a licensed dealer 
to authorize an employee hired by the employer before the 
effective date of this subsection, to possess or transfer a 
firearm or ammunition in the course of employment with 
the licensed dealer, unless the licensed dealer has received 
from the Attorney General a notice that the Attorney Gen-
eral has determined that receipt of a firearm by the em-
ployee would not be unlawful. 
‘‘(2) The Attorney General may temporarily waive 
the applicability of paragraph (1) to an employer with re-
spect to an employee about whom the employer has sub-
mitted to the Attorney General the information described 
in paragraph (3) if the Attorney General determines that 
the Attorney General will be unable to make a determina-
tion under paragraph (3) with respect to the employee in 
a timely manner. 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
‘‘(3)(A) If the Attorney General receives from a li-
censed dealer the name and other identifying information 
of an employee who will be authorized by the licensed deal-
er to possess or transfer a firearm in the course of employ-
ment with the licensed dealer, the Attorney General shall 
determine whether it would be unlawful for the employee 
to receive a firearm under Federal law or under the law 
of any State or locality in which the employee may be so 
authorized. In making the determination, the Attorney 
General may take into account a letter or document issued 
under subparagraph (B). 
‘‘(B)(i) If the Attorney General determines that such 
a receipt of a firearm by the employee would not be unlaw-
ful, the Attorney General shall notify the licensed dealer 
in writing or electronically of the determination, and issue 
to the employee a letter of clearance, which confirms the 
determination. 
‘‘(ii) If the Attorney General determines that such a 
receipt of a firearm by the employee would be unlawful, 
the Attorney General shall notify the licensed dealer in 
writing or electronically of the determination, and issue 
to the employee a document that— 
‘‘(I) confirms the determination; 
‘‘(II) explains the grounds for the determina-
tion; 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
‘‘(III) provides information on how the dis-
ability may be relieved; and 
‘‘(IV) explains how the determination may be 
appealed.’’. 
(b) PENALTIES.— 
(1) ADMINISTRATIVE.—Section 923(e) of such 
title is amended by inserting ‘‘knowingly violated 
subsection (m)(1) or’’ before ‘‘willfully violated’’. 
(2) CRIMINAL.—Section 924(a)(1)(D) of such 
title is amended by inserting ‘‘knowingly violates sec-
tion 923(m)(1) or’’ before ‘‘willfully’’. 
(c) CORRECTION OF ERRONEOUS SYSTEM INFORMA-
TION.—Section 103(g) of the Brady Handgun Violence 
Prevention Act (18 U.S.C. 922 note) is amended— 
(1) by inserting ‘‘or by an employee of the indi-
vidual’’ after ‘‘transferee’’ the first place it appears; 
and 
(2) by inserting ‘‘or employee, as the case may 
be,’’ after ‘‘transferee’’ each subsequent place it ap-
pears. 
(d) EFFECTIVE DATE.—The amendment made by 
this section shall apply to conduct engaged in after the 
3-month period that begins with the date of the enactment 
of this Act. 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
TITLE III—PREVENTION OF TER-
RORISTS 
FROM 
OBTAINING 
FIREARMS OR EXPLOSIVES 
SEC. 301. GRANTING THE ATTORNEY GENERAL THE AU-
THORITY TO DENY THE SALE, DELIVERY, OR 
TRANSFER OF A FIREARM OR THE ISSUANCE 
OF A FIREARMS OR EXPLOSIVES LICENSE OR 
PERMIT TO DANGEROUS TERRORISTS. 
(a) STANDARD FOR EXERCISING ATTORNEY GEN-
ERAL DISCRETION REGARDING TRANSFERRING FIRE-
ARMS OR ISSUING FIREARMS PERMITS TO DANGEROUS 
TERRORISTS.—Chapter 44 of title 18, United States 
Code, is amended— 
(1) by inserting the following new section after 
section 922: 
‘‘§ 922A. Attorney General’s discretion to deny trans-
fer of a firearm 
‘‘The Attorney General may deny the transfer of a 
firearm pursuant to section 922(t)(1)(B)(ii) if the Attor-
ney General determines that the transferee is known (or 
appropriately suspected) to be or have been engaged in 
conduct constituting, in preparation for, in aid of, or re-
lated to terrorism, or providing material support thereof, 
and the Attorney General has a reasonable belief that the 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
prospective transferee may use a firearm in connection 
with terrorism.’’; 
(2) by inserting the following new section after 
section 922A: 
‘‘§ 922B. Attorney General’s discretion regarding ap-
plicants for firearm permits which would 
qualify for the exemption provided under 
section 922(t)(3) 
‘‘The Attorney General may determine that an appli-
cant for a firearm permit which would qualify for an ex-
emption under section 922(t) is known (or appropriately 
suspected) to be or have been engaged in conduct consti-
tuting, in preparation for, in aid of, or related to ter-
rorism, or providing material support thereof, and the At-
torney General has a reasonable belief that the applicant 
may use a firearm in connection with terrorism.’’; and 
(3) in section 921(a), by adding at the end the 
following: 
‘‘(36) The term ‘terrorism’ means ‘international ter-
rorism’ as defined in section 2331(1), and ‘domestic ter-
rorism’ as defined in section 2331(5). 
‘‘(37) The term ‘material support’ means ‘material 
support or resources’ within the meaning of section 2339A 
or 2339B. 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
‘‘(38) The term ‘responsible person’ means an indi-
vidual who has the power, directly or indirectly, to direct 
or cause the direction of the management and policies of 
the applicant or licensee pertaining to firearms.’’. 
(b) EFFECT
OF
ATTORNEY
GENERAL
DISCRE-
TIONARY DENIAL THROUGH
THE NATIONAL INSTANT 
CRIMINAL BACKGROUND CHECK SYSTEM (NICS) ON 
FIREARMS PERMITS.—Section 922(t) of such title is 
amended— 
(1) in paragraph (1)(B)(ii), by inserting ‘‘or 
State law, or that the Attorney General has deter-
mined to deny the transfer of a firearm pursuant to 
section 922A’’ before the semicolon; 
(2) in paragraph (2), by inserting after ‘‘or 
State law’’ the following: ‘‘or if the Attorney General 
has not determined to deny the transfer of a firearm 
pursuant to section 922A’’; 
(3) in paragraph (3)(A)(i)— 
(A) by striking ‘‘and’’ at the end of sub-
clause (I); and 
(B) by adding at the end the following: 
‘‘(III) was issued after a check of the system 
established pursuant to paragraph (1);’’; 
(4) in paragraph (3)(A)— 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
(A) by adding ‘‘and’’ at the end of clause 
(ii); and 
(B) by adding after and below the end the 
following: 
‘‘(iii) the State issuing the permit 
agrees to deny the permit application if 
such other person is the subject of a deter-
mination by the Attorney General pursuant 
to section 922B;’’; 
(5) in paragraph (4), by inserting after ‘‘or 
State law,’’ the following: ‘‘or if the Attorney Gen-
eral has not determined to deny the transfer of a 
firearm pursuant to section 922A,’’; and 
(6) in paragraph (5), by inserting after ‘‘or 
State law,’’ the following: ‘‘or if the Attorney Gen-
eral has determined to deny the transfer of a fire-
arm pursuant to section 922A,’’. 
(c) UNLAWFUL SALE OR DISPOSITION OF FIREARM 
BASED
ON ATTORNEY GENERAL DISCRETIONARY DE-
NIAL.—Section 922(d) of such title is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(8); 
(2) by striking the period at the end of para-
graph (9) and inserting ‘‘; or’’; and 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
(3) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) has been the subject of a determination 
by the Attorney General pursuant to section 922A, 
922B, 923(d)(1)(H), or 923(e) of this title.’’. 
(d) ATTORNEY GENERAL DISCRETIONARY DENIAL 
AS PROHIBITOR.—Section 922(g) of such title is amend-
ed— 
(1) by striking ‘‘or’’ at the end of paragraph 
(8); 
(2) by striking the comma at the end of para-
graph (9) and inserting; ‘‘; or’’; and 
(3) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) who has received actual notice of the At-
torney General’s determination made pursuant to 
section 922A, 922B, 923(d)(1)(H), or 923(e) of this 
title.’’. 
(e) ATTORNEY GENERAL DISCRETIONARY DENIAL 
OF FEDERAL FIREARMS LICENSES.—Section 923(d)(1) of 
such title is amended— 
(1) by striking ‘‘Any’’ and inserting ‘‘Except as 
provided in subparagraph (H), any’’; 
(2) in subparagraph (F)(iii), by striking ‘‘and’’ 
at the end; 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
(3) in subparagraph (G), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(H) The Attorney General may deny a li-
cense application if the Attorney General deter-
mines that the applicant (including any respon-
sible person) is known (or appropriately sus-
pected) to be or have been engaged in conduct 
constituting, in preparation for, in aid of, or re-
lated to terrorism, or providing material sup-
port thereof, and the Attorney General has a 
reasonable belief that the applicant may use a 
firearm in connection with terrorism.’’. 
(f) DISCRETIONARY REVOCATION OF FEDERAL FIRE-
ARMS LICENSES.—Section 923(e) of such title is amend-
ed— 
(1) in the first sentence— 
(A) by inserting after ‘‘revoke’’ the fol-
lowing: ‘‘—(1)’’; and 
(B) by striking the period and inserting a 
semicolon; 
(2) in the second sentence— 
(A) by striking ‘‘The Attorney General 
may, after notice and opportunity for hearing, 
revoke’’ and insert ‘‘(2)’’; and 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
(B) by striking the period and inserting ‘‘; 
or’’; and 
(3) by adding at the end the following: 
‘‘(3) any license issued under this section if the 
Attorney General determines that the holder of the 
license (including any responsible person) is known 
(or appropriately suspected) to be or have been en-
gaged in conduct constituting, in preparation for, in 
aid of, or related to terrorism, or providing material 
support thereof, and the Attorney General has a rea-
sonable belief that the applicant may use a firearm 
in connection with terrorism.’’. 
(g) ATTORNEY GENERAL’S ABILITY TO WITHHOLD 
INFORMATION IN FIREARMS LICENSE DENIAL AND REV-
OCATION SUIT.—Section 923(f) of such title is amended— 
(1) in the first sentence of paragraph (1), by 
inserting ‘‘, except that if the denial or revocation is 
pursuant to subsection (d)(1)(H) or (e)(3), then any 
information on which the Attorney General relied for 
this determination may be withheld from the peti-
tioner if the Attorney General determines that dis-
closure of the information would likely compromise 
national security’’ before the period; and 
(2) in paragraph (3), by inserting after the 
third sentence the following: ‘‘With respect to any 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
information withheld from the aggrieved party under 
paragraph (1), the United States may submit, and 
the court may rely on, summaries or redacted 
versions of documents containing information the 
disclosure of which the Attorney General has deter-
mined would likely compromise national security.’’. 
(h) ATTORNEY GENERAL’S ABILITY TO WITHHOLD 
INFORMATION
IN RELIEF FROM DISABILITIES LAW-
SUITS.—Section 925(c) of such title is amended by insert-
ing after the third sentence the following: ‘‘If receipt of 
a firearms by the person would violate section 922(g)(10), 
any information which the Attorney General relied on for 
this determination may be withheld from the applicant if 
the Attorney General determines that disclosure of the in-
formation would likely compromise national security. In 
responding to the petition, the United States may submit, 
and the court may rely on, summaries or redacted versions 
of documents containing information the disclosure of 
which the Attorney General has determined would likely 
compromise national security.’’. 
(i) PENALTIES.—Section 924(k) of such title is 
amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(2); 
VerDate Mar 15 2010 
02:29 Jan 06, 2013
Jkt 029200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
(2) in paragraph (3), by striking ‘‘, or’’ and in-
serting ‘‘; or’’; and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) constitutes an act of terrorism (as defined 
in section 921(a)(36)), or material support thereof 
(as defined in section 921(a)(37)), or’’. 
(j) REMEDY FOR ERRONEOUS DENIAL OF FIREARM 
OR FIREARM PERMIT EXEMPTION.—Section 925A of such 
title is amended— 
(1) in the section heading, by striking ‘‘Rem-
edy for erroneous denial of firearm’’ and 
inserting ‘‘Remedies’’; 
(2) by striking ‘‘Any person denied a firearm 
pursuant to subsection (s) or (t) of section 922’’ and 
inserting the following: 
‘‘(a) Except as provided in subsection (b), any person 
denied a firearm pursuant to section 922(t) or pursuant 
to a determination made under section 922B,’’; and 
(3) by adding after and below the end the fol-
lowing: 
‘‘(b) In any case in which the Attorney General has 
denied the transfer of a firearm to a prospective transferee 
pursuant to section 922A or has made a determination 
regarding a firearm permit applicant pursuant to section 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
922B, an action challenging the determination may be 
brought against the United States. The petition must be 
filed not later than 60 days after the petitioner has re-
ceived actual notice of the Attorney General’s determina-
tion made pursuant to section 922A or 922B. The court 
shall sustain the Attorney General’s determination on a 
showing by the United States by a preponderance of evi-
dence that the Attorney General’s determination satisfied 
the requirements of section 922A or 922B. To make this 
showing, the United States may submit, and the court 
may rely on, summaries or redacted versions of documents 
containing information the disclosure of which the Attor-
ney General has determined would likely compromise na-
tional security. On request of the petitioner or the court’s 
own motion, the court may review the full, undisclosed 
documents ex parte and in camera. The court shall deter-
mine whether the summaries or redacted versions, as the 
case may be, are fair and accurate representations of the 
underlying documents. The court shall not consider the 
full, undisclosed documents in deciding whether the Attor-
ney General’s determination satisfies the requirements of 
section 922A or 922B.’’. 
(k) PROVISION OF GROUNDS UNDERLYING INELIGI-
BILITY DETERMINATION
BY
THE NATIONAL INSTANT 
CRIMINAL BACKGROUND CHECK SYSTEM.—Section 103 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
of the Brady Handgun Violence Prevention Act (Public 
Law 103–159) is amended— 
(1) in subsection (f)— 
(A) by inserting after ‘‘is ineligible to re-
ceive a firearm,’’ the following: ‘‘or the Attorney 
General has made a determination regarding an 
applicant for a firearm permit pursuant to sec-
tion 922B of title 18, United States Code’’; and 
(B) by inserting after ‘‘the system shall 
provide such reasons to the individual,’’ the fol-
lowing: ‘‘except for any information the disclo-
sure of which the Attorney General has deter-
mined would likely compromise national secu-
rity’’; and 
(2) in subsection (g)— 
(A) in the first sentence, by inserting after 
‘‘subsection (g) or (n) of section 922 of title 18, 
United States Code or State law’’ the following: 
‘‘or if the Attorney General has made a deter-
mination pursuant to section 922A or 922B of 
such title,’’; 
(B) by inserting ‘‘, except any information 
the disclosure of which the Attorney General 
has determined would likely compromise na-
tional security’’ before the period; and 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
(C) by adding at the end the following: 
‘‘Any petition for review of information with-
held by the Attorney General under this sub-
section shall be made in accordance with section 
925A of title 18, United States Code.’’. 
(l) UNLAWFUL
DISTRIBUTION
OF
EXPLOSIVES 
BASED
ON ATTORNEY GENERAL DISCRETIONARY DE-
NIAL.—Section 842(d) of such title is amended— 
(1) by striking the period at the end of para-
graph (9) and inserting ‘‘; or’’; and 
(2) by adding at the end the following: 
‘‘(10) has received actual notice of the Attorney 
General’s determination made pursuant to section 
843(b)(8) or (d)(2) of this title.’’. 
(m) ATTORNEY GENERAL DISCRETIONARY DENIAL 
AS PROHIBITOR.—Section 842(i) of such title is amend-
ed— 
(1) by adding ‘‘or’’ at the end of paragraph (7); 
and 
(2) by inserting after paragraph (7) the fol-
lowing: 
‘‘(8) who has received actual notice of the At-
torney General’s determination made pursuant to 
section 843(b)(8) or (d)(2),’’. 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
(n) ATTORNEY GENERAL DISCRETIONARY DENIAL 
OF FEDERAL EXPLOSIVES LICENSES AND PERMITS.— 
Section 843(b) of such title is amended— 
(1) by striking ‘‘Upon’’ and inserting the fol-
lowing: ‘‘Except as provided in paragraph (8), on’’; 
and 
(2) by inserting after paragraph (7) the fol-
lowing: 
‘‘(8) The Attorney General may deny the 
issuance of a permit or license to an applicant if the 
Attorney General determines that the applicant or a 
responsible person or employee possessor thereof is 
known (or appropriately suspected) to be or have 
been engaged in conduct constituting, in preparation 
of, in aid of, or related to terrorism, or providing 
material support thereof, and the Attorney General 
has a reasonable belief that the person may use ex-
plosives in connection with terrorism.’’. 
(o) ATTORNEY GENERAL DISCRETIONARY REVOCA-
TION
OF FEDERAL EXPLOSIVES LICENSES
AND PER-
MITS.—Section 843(d) of such title is amended— 
(1) by inserting ‘‘(1)’’ in the first sentence after 
‘‘if’’; and 
(2) by striking the period at the end of the first 
sentence and inserting the following: ‘‘; or (2) the 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
Attorney General determines that the licensee or 
holder (or any responsible person or employee pos-
sessor thereof) is known (or appropriately suspected) 
to be or have been engaged in conduct constituting, 
in preparation for, in aid of, or related to terrorism, 
or providing material support thereof, and that the 
Attorney General has a reasonable belief that the 
person may use explosives in connection with ter-
rorism.’’. 
(p) ATTORNEY GENERAL’S ABILITY TO WITHHOLD 
INFORMATION IN EXPLOSIVES LICENSE AND PERMIT DE-
NIAL AND REVOCATION SUITS.—Section 843(e) of such 
title is amended— 
(1) in the first sentence of paragraph (1), by 
inserting ‘‘except that if the denial or revocation is 
based on a determination under subsection (b)(8) or 
(d)(2), then any information which the Attorney 
General relied on for the determination may be with-
held from the petitioner if the Attorney General de-
termines that disclosure of the information would 
likely compromise national security’’ before the pe-
riod; and 
(2) in paragraph (2), by adding at the end the 
following: ‘‘In responding to any petition for review 
of a denial or revocation based on a determination 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
under section 843(b)(8) or (d)(2), the United States 
may submit, and the court may rely on, summaries 
or redacted versions of documents containing infor-
mation the disclosure of which the Attorney General 
has determined would likely compromise national se-
curity.’’. 
(q) ABILITY TO WITHHOLD INFORMATION IN COM-
MUNICATIONS
TO EMPLOYERS.—Section 843(h)(2) of 
such title is amended— 
(1) in subparagraph (A), by inserting ‘‘or sec-
tion 843(b)(1) (on grounds of terrorism) of this 
title,’’ after ‘‘section 842(i),’’; and 
(2) in subparagraph (B)— 
(A) by inserting ‘‘or section 843(b)(8)’’ 
after ‘‘section 842(i)’’; and 
(B) in clause (ii), by inserting ‘‘, except 
that any information that the Attorney General 
relied on for a determination pursuant to sec-
tion 843(b)(8) may be withheld if the Attorney 
General concludes that disclosure of the infor-
mation would likely compromise national secu-
rity’’ before the semicolon. 
(r) CONFORMING AMENDMENT TO IMMIGRATION AND 
NATIONALITY ACT.—Section 101(a)(43)(E)(ii) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
1101(a)(43)(E)(ii)) is amended by striking ‘‘ or (5)’’ and 
inserting ‘‘(5), or (10)’’. 
TITLE IV—REPORTING OF LOST 
OR 
STOLEN 
FIREARMS 
TO 
STATE OR LOCAL POLICE 
SEC. 401. REQUIREMENT THAT GUN OWNERS REPORT LOST 
OR STOLEN FIREARMS TO STATE OR LOCAL 
POLICE. 
Section 923(g)(6) of title 18, United States Code, is 
amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(6)’’; and 
(2) by adding after and below the end the fol-
lowing: 
‘‘(B) Each person who owns or possesses a firearm 
shall report the theft or loss of the firearm, within 48 
hours after the theft or loss is discovered, to the appro-
priate local authorities.’’. 
TITLE V—CONCEALED 
FIREARMS PERMITS 
SEC. 501. CONCEALED FIREARMS PERMITS. 
(a) IN GENERAL.—Chapter 44 of title 18, United 
States Code, is amended by inserting after section 926C 
the following: 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
‘‘§ 926D. Concealed firearms permits 
‘‘(a) IN GENERAL.—Each State that allows residents 
of the State to carry concealed firearms in or affecting 
interstate or foreign commerce shall— 
‘‘(1) establish a process to issue permits to resi-
dents of the State to carry concealed firearms in or 
affecting interstate or foreign commerce; and 
‘‘(2) require that each resident of the State 
seeking to carry a concealed firearm in or affecting 
interstate or foreign commerce in the State obtain a 
permit through the process established under para-
graph (1). 
‘‘(b) REQUIREMENTS.—In establishing a process to 
issue permits to carry concealed firearms under subsection 
(a), a State shall— 
‘‘(1) ensure that a local law enforcement agency 
participates in the process; and 
‘‘(2) at a minimum, require that an applicant 
for a permit to carry a concealed firearm in or af-
fecting interstate or foreign commerce— 
‘‘(A) be a legal resident of the United 
States; 
‘‘(B) be not less than 21 years of age; 
‘‘(C) demonstrate good cause for request-
ing a concealed firearm permit; 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
‘‘(D) demonstrate that the applicant is 
worthy of the public trust to carry a concealed 
firearm in public; 
‘‘(E) complete a firearm safety training 
course certified by the State; and 
‘‘(F) not have been convicted of a crime of 
violence. 
‘‘(c) LAW ENFORCEMENT AGENCY REPORT.—If a 
State establishes a process under subsection (a) that al-
lows for an agency other than a law enforcement agency 
to issue permits to carry concealed firearms, the process 
shall require that— 
‘‘(1) a local law enforcement agency submit to 
the agency responsible for issuing permits a written 
report that describes whether the applicant meets 
the standards of the State to carry a concealed fire-
arm; and 
‘‘(2) the agency responsible for issuing permits 
maintain a report submitted under paragraph (1) in 
the file of the applicant. 
‘‘(d) DEFINITION.—In this section, the term ‘local 
law enforcement agency’ means a law enforcement agency 
of the unit of local government with jurisdiction of the 
area in which the applicant for a permit to carry a con-
cealed firearm resides. 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with
‘‘(e) COMPLIANCE.—Not later than 270 days after 
the date of enactment of this section, each State described 
in subsection (a) shall be in compliance with this section.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for such chapter is amended by in-
serting after the item relating to section 926C the fol-
lowing: 
‘‘926D. Concealed firearms permits.’’. 
Æ 
VerDate Mar 15 2010 
23:38 Jan 05, 2013
Jkt 029200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6301
E:\BILLS\H21.IH
H21
rfrederick on DSK6VPTVN1PROD with