Title: NICS Denial Notification Act of 2018
Policy area: Crime and Law Enforcement

Summary:
NICS Denial Notification Act of 2018
This bill amends the federal criminal code to require the Department of Justice (DOJ) to report certain information to state and local law enforcement authorities following a determination, by the National Instant Criminal Background Check System, that a prospective firearm purchaser is a prohibited person (i.e., a person who is barred from receiving or possessing a firearm).
DOJ must report annually on: (1) certain details regarding denied firearm purchases in each category of prohibited persons, and (2) the number of background check notices reported to states.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2492 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2492

    To provide for the reporting to State and local law enforcement 
authorities of cases in which the national instant criminal background 
check system indicates that a firearm has been sought to be acquired by 
 a prohibited person, so that authorities may pursue criminal charges 
 under State law, and to ensure that the Department of Justice reports 
  to Congress on prosecutions secured against prohibited persons who 
                     attempt to acquire a firearm.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2018

Mr. Toomey (for himself, Mr. Coons, Mr. Rubio, Mr. Nelson, Mr. Cornyn, 
    Ms. Duckworth, Mr. Graham, Mrs. McCaskill, Ms. Collins, and Ms. 
  Klobuchar) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To provide for the reporting to State and local law enforcement 
authorities of cases in which the national instant criminal background 
check system indicates that a firearm has been sought to be acquired by 
 a prohibited person, so that authorities may pursue criminal charges 
 under State law, and to ensure that the Department of Justice reports 
  to Congress on prosecutions secured against prohibited persons who 
                     attempt to acquire a firearm.

    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 ``NICS Denial Notification Act of 
2018''.

SEC. 2. REPORTING OF BACKGROUND CHECK DENIALS.

    (a) 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 (34 U.S.C. 40901) (commonly referred to as 
`NICS') 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) the specific provision of law that would have 
                been violated;
                    ``(C) the date and time the notice was provided;
                    ``(D) the location where the firearm was sought to 
                be acquired; and
                    ``(E) 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) Amendment of Report.--If a report is made in accordance with 
this subsection and, after such report is made, the Federal Bureau of 
Investigation or the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives determines that the receipt of a firearm by a person for 
whom the report was made would not violate subsection (g) or (n) of 
section 922 of this title or State law, the Attorney General shall, in 
accordance with subsection (b), notify any law enforcement authority 
and any prosecutor to whom the report was made of that determination.
    ``(d) 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.''.
    (b) 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.''.

SEC. 3. ANNUAL REPORT TO CONGRESS.

    (a) In General.--Chapter 44 of title 18, United States Code, as 
amended by section 2(a) of this Act, is amended by inserting after 
section 925B the following:
``Sec. 925C. Annual report to Congress
    ``Not later than 1 year after the date of enactment of this 
section, and annually thereafter, the Attorney General shall submit to 
Congress a report detailing the following, broken down by Federal 
judicial district:
            ``(1) With respect to each category of persons prohibited 
        by subsection (g) or (n) of section 922 of this title or State 
        law from receiving or possessing a firearm who are so denied a 
        firearm--
                    ``(A) the number of denials;
                    ``(B) the number of denials referred to the Bureau 
                of Alcohol, Tobacco, Firearms, and Explosives;
                    ``(C) the number of denials for which the Bureau of 
                Alcohol, Tobacco, Firearms, and Explosives determines 
                that the person denied was not prohibited by subsection 
                (g) or (n) of section 922 of this title or State law 
                from receiving or possessing a firearm;
                    ``(D) the number of denials overturned through the 
                national instant criminal background check system 
                appeals process and the reasons for overturning the 
                denials;
                    ``(E) the number of denials with respect to which 
                an investigation was opened by a field division of the 
                Bureau of Alcohol, Tobacco, Firearms, and Explosives;
                    ``(F) the number of persons charged with a Federal 
                criminal offense in connection with a denial; and
                    ``(G) the number of convictions obtained by Federal 
                authorities in connection with a 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)).''.
    (b) Clerical Amendment.--The table of sections for such chapter, as 
amended by section 2(b) of this Act, is amended by inserting after the 
item relating to section 925B the following:

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