Preventing Pretrial Gun Purchases Act
Bill: H.R.6717 | Sponsor: Rep. Maloney, Carolyn B. (D-NY)
Policy area: Crime and Law Enforcement

Summary:
Preventing Pretrial Gun Purchases Act
This bill prohibits the sale or disposition of a firearm or ammunition to a person who is subject to a pretrial release order that prohibits the person from purchasing, possessing, or receiving firearms. It also establishes grants for states and Indian tribes to report information about pretrial release orders to the National Instant Criminal Background Check System.

To ensure that the background check system used for firearms purchasers 
   denies a firearm to a person prohibited from possessing guns by a 
    lawful court order governing the pretrial release of the person.

    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 ``Preventing Pretrial Gun Purchases 
Act''.

SEC. 2. AMENDMENTS TO THE GUN CONTROL ACT OF 1968.

    (a) Section 921(a) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(36) The term `pretrial release order' means an order of a 
Federal, State, tribal, or local court that governs the release of an 
arrested person pending the trial of the person for a crime.''.
    (b) Section 922(d) of such title is amended--
            (1) in paragraph (8), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the period and inserting 
        ``; or''; and
            (3) by inserting after paragraph (9) the following:
            ``(10) is subject to a pretrial release order that 
        prohibits the person from purchasing, possessing, or receiving 
        firearms.''.
    (c) Section 922(t) of such title is amended--
            (1) in paragraph (1)(B)(ii), by striking ``receipt of a 
        firearm'' and all that follows through ``section'' and 
        inserting ``knowing sale or disposition of a firearm by the 
        licensee to such other person or the receipt of a firearm by 
        such other person would violate subsection (d), (g), or (n) of 
        this section'';
            (2) in paragraph (2), by striking ``receipt'' and all that 
        follows through ``(n)'' and inserting ``the knowing sale or 
        disposition of a firearm to the person, or the receipt of a 
        firearm by the person would not violate subsection (d), (g), or 
        (n)'';
            (3) in paragraph (3)(A)(ii), by striking ``that 
        possession'' and inserting ``that knowing sale or disposition 
        of a firearm by a licensee to such other person or that 
        possession'';
            (4) in paragraph (4), by striking ``receipt'' and all that 
        follows through ``(n)'' and inserting ``knowing sale or 
        disposition of a firearm by a licensee to such other person or 
        the receipt of a firearm by such other person would violate 
        subsection (d), (g), or (n)''; and
            (5) in paragraph (5), by striking ``receipt'' and all that 
        follows through ``(n)'' and inserting ``knowing sale or 
        disposition of a firearm by a licensee to such other person or 
        receipt of a firearm by such other person would violate 
        subsection (d), (g), or (n)''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Section 923.--Section 923(d)(1)(B) of title 18, United States 
Code, is amended by striking ``under section 922(g) and (n) of this 
chapter'' and inserting ``by subsection (g) or (n) of section 922 and 
is not a person to whom the knowing sale or disposition of any firearm 
or ammunition is prohibited by section 922(d)''.
    (b) Section 925A.--Section 925A(2) of title 18, United States Code, 
is amended by inserting ``and to whom the knowing sale or disposition 
of a firearm was not prohibited by section 922(d) or State law'' before 
the comma.
    (c) Brady Handgun Violence Prevention Act.--Section 103 of the 
Brady Handgun Violence Prevention Act (34 U.S.C. 40901) is amended--
            (1) in subsection (e)(1)--
                    (A) in subparagraph (A), by striking ``for whom 
                receipt'' and all that follows through ``(g)'' and 
                inserting ``to whom the knowing sale or disposition of 
                or for whom receipt of a firearm would violate 
                subsection (d), (g),'';
                    (B) in subparagraph (C), by striking ``(g)'' or 
                inserting ``(d), (g),'';
                    (C) in subparagraph (F)(iii)(I), by striking ``(g) 
                or (n)'' and inserting ``(d), (g), or (n)''; and
                    (D) in subparagraph (G)(i), by striking ``(g) or 
                (n)'' and inserting ``(d), (g), or (n)'';
            (2) in subsection (g), by striking ``receipt of a firearm 
        by a prospective transferee would violate subsection (g) or 
        (n)'' and inserting ``the knowing sale or disposition of a 
        firearm to or receipt of a firearm by a prospective transferee 
        would violate subsection (d), (g), or (n)''; and
            (3) in subsection (i)(2), by striking all that follows 
        after ``respect to persons,'' and inserting ``to whom the 
        knowing sale or disposition of, or for whom receipt of, a 
        firearm is prohibited by subsection (d), (g), or (n) of section 
        922 of title 18, United States Code, or State law.''.
    (d) NICS Improvement Amendments Act of 2007.--Title I of the NICS 
Improvement Amendments Act of 2007 (34 U.S.C. 40911 et seq.) is 
amended--
            (1) in section 101 (34 U.S.C. 40911)--
                    (A) in subsection (b)(1)(A), by striking ``a person 
                is disqualified from possessing or receiving a firearm 
                under subsection (g)'' and inserting ``the knowing sale 
                or disposition of a firearm to a person or receipt of a 
                firearm by a person is prohibited by subsection (d), 
                (g),''; and
                    (B) in subsection (b)(2)(A)--
                            (i) by striking ``after the'' and inserting 
                        ``after a court martial imposes a pretrial 
                        release order or the''; and
                            (ii) by striking ``a member of the Armed 
                        Forces involved in such proceeding is 
                        disqualified from possessing or receiving a 
                        firearm under subsection (g) or (n)'' and 
                        inserting ``the knowing sale or disposition of 
                        a firearm to or receipt of a firearm by a 
                        member of the Armed Forces is prohibited by 
                        subsection (d), (g), or (n)''; and
            (2) in section 102 (34 U.S.C. 40912)--
                    (A) in subsection (b)(3), by striking ``are 
                prohibited from possessing or receiving a firearm under 
                subsection (g)'' and inserting ``are described in one 
                of the categories under subsection (d), (g),''; and
                    (B) in subsection (c)(1)(A), by inserting ``the 
                knowing sale or disposition of a firearm to a person 
                would be prohibited under subsection (d) of section 922 
                of title 18, United States Code, or applicable State 
                law or whether'' after ``determination of whether''.

SEC. 4. FUNDS FOR STATES THAT REPORT PRETRIAL ORDERS RESTRICTING 
              FIREARM POSSESSION TO NICS.

    (a) Authorization.--The Attorney General is authorized to make 
grants to States and Indian tribes for the purpose of reporting 
information about covered pretrial release orders to the national 
instant criminal background check system.
    (b) Applications.--The chief executive of a State or Indian tribe 
seeking a grant under this section shall submit to the Attorney General 
an application at such time, in such manner, and containing such 
information as the Attorney General may reasonably require.
    (c) Covered Pretrial Release Order Defined.--The term ``covered 
pretrial release order'' means an order of a State, Tribal, or local 
court that governs the release of an arrested person pending the trial 
of the person for a crime, and which prohibits the individual from 
possessing a firearm or ammunition (as such terms are defined in 
section 921 of title 18, United States Code).
    (d) Clarification.--Grants made under this section shall be in 
addition to any amount that the State receives pursuant to section 
302(c)(19) of the Omnibus Crime Control and Safe Streets Act of 1968 
(34 U.S.C. 10132(c)(19)) (commonly referred to as the ``National 
Criminal History Improvement Program'') and section 103 of the NICS 
Improvement Amendments Act of 2007 (34 U.S.C. 40913) (commonly referred 
to as the ``NICS Act Record Improvement Program'').
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated $25,000,000 for each of fiscal years 2023 through 2027 to 
carry out this section.
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