Foreign National Firearms Background Check Enhancement Act
Bill: H.R.2971 | Sponsor: Rep. Crist, Charlie (D-FL)
Policy area: Immigration

Summary:
Foreign National Firearms Background Check Enhancement Act
This bill modifies the exceptions to a provision that generally prohibits a nonimmigrant visa holder from obtaining a firearm or ammunition.
Current law provides certain exceptions to this prohibition against a nonimmigrant receiving a firearm or ammunition, such as for a nonimmigrant who has a U.S. hunting license.
This bill narrows the exceptions by, among other changes, requiring a nonimmigrant with a hunting license to get a waiver from the Department of Justice (DOJ) before receiving a firearm. The person transferring the firearm to a nonimmigrant visa holder must verify the validity of the waiver with DOJ.

To amend title 18, United States Code, to require an alien lawfully 
 admitted to the United States under a nonimmigrant visa to obtain the 
 approval of the Attorney General before receiving a firearm, 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 ``Foreign National Firearms Background 
Check Enhancement Act''.

SEC. 2. REQUIREMENT THAT ALIEN LAWFULLY ADMITTED TO THE UNITED STATES 
              UNDER A NONIMMIGRANT VISA OBTAIN THE APPROVAL OF THE 
              ATTORNEY GENERAL BEFORE RECEIVING A FIREARM.

    (a) In General.--Section 922(y) of title 18, United States Code, is 
amended--
            (1) in paragraph (2)--
                    (A) by striking all that precedes subparagraph (B) 
                and inserting the following:
            ``(2) Exceptions.--Subsections (d)(5)(B) and (g)(5)(B) do 
        not apply to the transfer or other disposition of a firearm to, 
        or the possession or receipt of a firearm by, an alien who has 
        been lawfully admitted to the United States under a 
        nonimmigrant visa, if--
                    ``(A)(i) the alien has obtained a valid waiver 
                issued by the Attorney General under paragraph (3), 
                and, in the case of a transfer or other disposition, 
                the transferor has received a copy of the waiver and 
                verified the validity of the waiver with the Attorney 
                General; and
                    ``(ii) the alien--
                            ``(I) is admitted to the United States for 
                        lawful hunting or sporting purposes or is in 
                        possession of a hunting license or permit 
                        lawfully issued in the United States; or
                            ``(II) has resided in the United States for 
                        a continuous period of not less than 180 days 
                        before the date on which the petition is 
                        submitted under this paragraph;'';
                    (B) in each of subparagraphs (B) and (C), by 
                inserting ``the alien is'' before ``an official''; and
                    (C) in subparagraph (D), by inserting ``the alien 
                is'' before ``a foreign''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``subsection'' and inserting 
                        ``subsections (d)(5) and''; and
                            (ii) in clause (i), by striking ``(C)'' and 
                        inserting ``(B)'';
                    (B) in subparagraph (B)--
                            (i) by striking ``under subparagraph (B) 
                        shall--'' and all that follows through ``(ii)'' 
                        and inserting ``shall'';
                            (ii) by striking ``, absent the application 
                        of subsection (g)(5)(B),''; and
                            (iii) by inserting ``(d) or'' before 
                        ``(g)'';
                    (C) in subparagraph (C), by striking ``subsection'' 
                and inserting ``subsections (d)(5)(B) and''; and
                    (D) by adding at the end the following:
                    ``(D) Validity of waiver.--A waiver issued under 
                this paragraph shall be valid for a term set by the 
                Attorney General, which shall be not longer than 1 year 
                from the date the petition for the waiver is 
                approved.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect 180 days after the date of the enactment of this Act.
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