Protecting Our Communities Act
Bill: H.R.3299 | Sponsor: Rep. Demings, Val Butler (D-FL)
Policy area: Crime and Law Enforcement

Summary:
Protecting Our Communities Act
This expands the types of parts, weapons, and devices that are subject to regulation under federal firearms laws. The bill also establishes a notification requirement following a firearms-related background check that results in a denial.
Specifically, the bill
Additionally, the bill requires the Department of Justice to notify state and local law enforcement authorities following a firearms-related background check that results in a denial.

To help reduce gun violence through background checks and the National 
                 Firearms Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Our Communities Act''.

SEC. 2. FIREARM ASSEMBLY KITS CONSIDERED TO BE FIREARMS.

    Section 921(a) of title 18, United States Code, is amended--
            (1) in paragraph (3), by striking ``or (D) any destructive 
        device'' and inserting ``; (D) any destructive device; or (E) 
        any combination of parts designed or intended for use in 
        converting any device into a firearm and from which a firearm 
        may be readily assembled''; and
            (2) in paragraph (4)--
                    (A) by adding ``and'' at the end of subparagraph 
                (A);
                    (B) by striking ``and'' at the end of subparagraph 
                (B) and inserting a period; and
                    (C) by striking subparagraph (C).

SEC. 3. LAW ENFORCEMENT PROTECTION.

    (a) Armor-Piercing, Concealable Weapons.--
            (1) In general.--Section 5845(a) of the Internal Revenue 
        Code of 1986 is amended by striking ``and (8)'' and inserting 
        ``; (8) an armor-piercing, concealable weapon; and (9)''.
            (2) Armor-piercing, concealable weapon.--Section 5845 of 
        such Code is amended by adding at the end the following new 
        subsection:
    ``(n) Armor-Piercing, Concealable Weapon.--The term `armor-
piercing, concealable weapon' means any weapon or device capable of 
being concealed on the person and from which can be discharged through 
the energy of an explosive any of the following rounds of ammunition:
            ``(1) .450 Bushmaster.
            ``(2) 5.56mm (including the 5.56x45mm NATO and .223 
        Remington).
            ``(3) 7.62mm (including the 7.62x39mm, .308 Winchester, 
        7.62 NATO, 7.62x51mm NATO, .30 carbine, 7.62x33mm, or .300 AAC 
        Blackout).
            ``(4) .50 BMG.
            ``(5) 5.7x28mm.
            ``(6) Any other round determined by the Bureau of Alcohol, 
        Tobacco, Firearms and Explosives to be capable of, when fired 
        by such weapon or device, penetrating the standard body armor 
        worn by law enforcement officers.''.
            (3) Conforming amendments.--
                    (A) Section 921(a) of title 18, United States Code, 
                is amended by adding at the end the following:
    ``(36) The term `armor-piercing, concealable weapon' has the 
meaning given such term in section 5845(n) of the National Firearms Act 
(26 U.S.C. 5845(n)).''.
                    (B) Section 922 of title 18, United States Code, is 
                amended--
                            (i) in subsection (a)(4), by striking ``or 
                        short-barreled rifle,'' and inserting ``short-
                        barreled rifle, or armor-piercing, concealable 
                        weapon,''; and
                            (ii) in subsection (b)(4) by striking ``or 
                        short-barreled rifle,'' and inserting ``short-
                        barreled rifle, or armor-piercing, concealable 
                        weapon,''.
                    (C) Section 924(c)(1)(B)(i) of title 18, United 
                States Code, is amended by inserting ``armor-piercing, 
                concealable weapon,'' after ``short-barreled 
                shotgun,''.
            (4) Effective date.--
                    (A) In general.--The amendments made by this 
                subsection shall take effect on the date of the 
                enactment of this Act.
                    (B) Application to possession on date of 
                enactment.--Notwithstanding subparagraph (A), any 
                person on the date of the enactment of this Act 
                possessing a device described in section 5845(a)(8) of 
                the Internal Revenue Code of 1986 (as amended by this 
                section) shall, not later than the end of the 18th 
                month beginning after the date of the enactment of this 
                Act, register such weapon or device with the Secretary 
                of the Treasury and include with such registration the 
                information required under section 5841(a) of such 
                Code. Such registration shall become a part of the 
                National Firearms Registration and Transfer Record 
                required to be maintained by such section.
    (b) Use of National Firearms Act Taxes.--Part I of subchapter B of 
chapter 53 of the Internal Revenue Code of 1986 is amended 
redesignating section 5849 as section 5850 and by inserting after 
section 5847 the following new section:

``SEC. 5849. USE OF TAXES.

    ``To carry out the purposes of this chapter and to supplement 
appropriations otherwise made available for such purposes, the Bureau 
of Alcohol, Tobacco, Firearms and Explosives may spend the amounts 
collected under subchapter A for fiscal years 2021 and thereafter.''.

SEC. 4. REPORTING OF BACKGROUND CHECK DENIALS.

    (a) Reporting to State Authorities.--
            (1) In general.--Chapter 44 of title 18, United States 
        Code, is amended by inserting after section 925A the following:
``Sec. 925B. Reporting of background check denials to State authorities
    ``(a) In General.--If the national instant criminal background 
check system established under section 103 of the Brady Handgun 
Violence Prevention Act (18 U.S.C. 922 note) provides a notice pursuant 
to section 922(t) of this title that the receipt of a firearm by a 
person would violate subsection (g) or (n) of section 922 of this title 
or State law, the Attorney General shall, in accordance with subsection 
(b) of this section--
            ``(1) report to the law enforcement authorities of the 
        State where the person sought to acquire the firearm and, if 
        different, the law enforcement authorities of the State of 
        residence of the person--
                    ``(A) that the notice was provided;
                    ``(B) of the specific provision of law that would 
                have been violated;
                    ``(C) of the date and time the notice was provided;
                    ``(D) of the location where the firearm was sought 
                to be acquired; and
                    ``(E) of the identity of the person; and
            ``(2) where practicable, report the incident to local law 
        enforcement authorities and State and local prosecutors in the 
        jurisdiction where the firearm was sought and in the 
        jurisdiction where the person resides.
    ``(b) Requirements for Report.--A report is made in accordance with 
this subsection if the report is made within 24 hours after the 
provision of the notice described in subsection (a), except that the 
making of the report may be delayed for so long as is necessary to 
avoid compromising an ongoing investigation.
    ``(c) Rule of Construction.--Nothing in subsection (a) shall be 
construed to require a report with respect to a person to be made to 
the same State authorities that originally issued the notice with 
respect to the person.''.
            (2) Clerical amendment.--The table of sections for such 
        chapter is amended by inserting after the item relating to 
        section 925A the following:

``925B. Reporting of background check denials to State authorities.''.
    (b) Annual Report to Congress.--
            (1) In general.--Chapter 44 of title 18, United States 
        Code, as amended by subsection (a)(1) of this section, is 
        amended by inserting after section 925B the following:
``Sec. 925C. Annual report to Congress
    ``Not later than 1 year after the date of the enactment of this 
section, and annually thereafter, the Attorney General shall submit to 
the Congress a report detailing the following, broken down by Federal 
judicial district:
            ``(1) With respect to each category of persons prohibited 
        by section 922(g) from receiving or possessing a firearm who 
        are so denied a firearm--
                    ``(A) the number of cases referred to the Bureau of 
                Alcohol, Tobacco, Firearms and Explosives;
                    ``(B) the number of cases with respect to which an 
                investigation was opened by a field division of the 
                Bureau of Alcohol, Tobacco, Firearms and Explosives;
                    ``(C) the number of arrests made; and
                    ``(D) the number of convictions obtained by Federal 
                authorities in connection with the denial.
            ``(2) The number of background check notices reported to 
        State authorities pursuant to section 925B (including the 
        number of the notices that would have been so reported but for 
        section 925B(c)).''.
            (2) Clerical amendment.--The table of sections for such 
        chapter, as amended by subsection (a)(2) of this section, is 
        amended by inserting after the item relating to section 925B 
        the following:

``925C. Annual report to Congress.''.

SEC. 5. CODIFICATION OF REGULATIONS CLASSIFYING BUMP STOCKS AS 
              MACHINEGUNS.

    The amendments to parts 447, 478, and 479 of title 27, Code of 
Federal Regulations, made by the final rule promulgated by the 
Department of Justice, entitled ``Bump-Stock-Type Devices'', and 
published December 26, 2018 (83 Fed. Reg. 66514), shall have the force 
and effect of law.
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