Title: Bipartisan Background Checks Act of 2019
Policy area: Crime and Law Enforcement

Summary:
Bipartisan Background Checks Act of 2019
This bill establishes new background check requirements for firearm transfers between private parties (i.e., unlicensed individuals).
Specifically, it prohibits a firearm transfer between private parties unless a licensed gun dealer, manufacturer, or importer first takes possession of the firearm to conduct a background check.
The prohibition does not apply to certain firearm transfers, such as a gift between spouses in good faith.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                 H. R. 8

         To require a background check for every firearm sale.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 8, 2019

  Mr. Thompson of California (for himself, Mr. King of New York, Mr. 
   Nadler, Mr. Fitzpatrick, Ms. Jackson Lee, Mr. Mast, Ms. Kelly of 
    Illinois, Mr. Upton, Mrs. McBath, and Mr. Smith of New Jersey) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
         To require a background check for every firearm sale.

    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 ``Bipartisan Background Checks Act of 
2019''.

SEC. 2. PURPOSE.

    The purpose of this Act is to utilize the current background checks 
process in the United States to ensure individuals prohibited from gun 
possession are not able to obtain firearms.

SEC. 3. FIREARMS TRANSFERS.

    Section 922 of title 18, United States Code, is amended--
            (1) by striking subsection (s);
            (2) by redesignating subsection (t) as subsection (s); and
            (3) by inserting after subsection (s), as redesignated, the 
        following:
    ``(t)(1)(A) It shall be unlawful for any person who is not a 
licensed importer, licensed manufacturer, or licensed dealer to 
transfer a firearm to any other person who is not so licensed, unless a 
licensed importer, licensed manufacturer, or licensed dealer has first 
taken possession of the firearm for the purpose of complying with 
subsection (s).
    ``(B) Upon taking possession of a firearm under subparagraph (A), a 
licensee shall comply with all requirements of this chapter as if the 
licensee were transferring the firearm from the inventory of the 
licensee to the unlicensed transferee.
    ``(C) If a transfer of a firearm described in subparagraph (A) will 
not be completed for any reason after a licensee takes possession of 
the firearm (including because the transfer of the firearm to, or 
receipt of the firearm by, the transferee would violate this chapter), 
the return of the firearm to the transferor by the licensee shall not 
constitute the transfer of a firearm for purposes of this chapter.
    ``(2) Paragraph (1) shall not apply to--
            ``(A) a law enforcement agency or any law enforcement 
        officer, armed private security professional, or member of the 
        armed forces, to the extent the officer, professional, or 
        member is acting within the course and scope of employment and 
        official duties;
            ``(B) a transfer that is a loan or bona fide gift between 
        spouses, between domestic partners, between parents and their 
        children, between siblings, between aunts or uncles and their 
        nieces or nephews, or between grandparents and their 
        grandchildren;
            ``(C) a transfer to an executor, administrator, trustee, or 
        personal representative of an estate or a trust that occurs by 
        operation of law upon the death of another person;
            ``(D) a temporary transfer that is necessary to prevent 
        imminent death or great bodily harm, if the possession by the 
        transferee lasts only as long as immediately necessary to 
        prevent the imminent death or great bodily harm;
            ``(E) a transfer that is approved by the Attorney General 
        under section 5812 of the Internal Revenue Code of 1986; or
            ``(F) a temporary transfer if the transferor has no reason 
        to believe that the transferee will use or intends to use the 
        firearm in a crime or is prohibited from possessing firearms 
        under State or Federal law, and the transfer takes place and 
        the transferee's possession of the firearm is exclusively--
                    ``(i) at a shooting range or in a shooting gallery 
                or other area designated for the purpose of target 
                shooting;
                    ``(ii) while reasonably necessary for the purposes 
                of hunting, trapping, or fishing, if the transferor--
                            ``(I) has no reason to believe that the 
                        transferee intends to use the firearm in a 
                        place where it is illegal; and
                            ``(II) has reason to believe that the 
                        transferee will comply with all licensing and 
                        permit requirements for such hunting, trapping, 
                        or fishing; or
                    ``(iii) while in the presence of the transferor.
    ``(3)(A) Notwithstanding any other provision of this chapter, the 
Attorney General may implement this subsection with regulations.
    ``(B) Regulations promulgated under this paragraph may not include 
any provision requiring licensees to facilitate transfers in accordance 
with paragraph (1).
    ``(C) Regulations promulgated under this paragraph may not include 
any provision requiring persons not licensed under this chapter to keep 
records of background checks or firearms transfers.
    ``(D) Regulations promulgated under this paragraph may not include 
any provision placing a cap on the fee licensees may charge to 
facilitate transfers in accordance with paragraph (1).
    ``(4) It shall be unlawful for a licensed importer, licensed 
manufacturer, or licensed dealer to transfer possession of, or title 
to, a firearm to another person who is not so licensed unless the 
importer, manufacturer, or dealer has provided such other person with a 
notice of the prohibition under paragraph (1), and such other person 
has certified that such other person has been provided with this notice 
on a form prescribed by the Attorney General.''.

SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Section 922.--Section 922(y)(2) of title 18, United States 
Code, is amended in the matter preceding subparagraph (A) by striking 
``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and inserting ``and (g)(5)(B)''.
    (b) Consolidated and Further Continuing Appropriations Act, 2012.--
Section 511 of title V of division B of the Consolidated and Further 
Continuing Appropriations Act, 2012 (18 U.S.C. 922 note) is amended by 
striking ``subsection 922(t)'' each place it appears and inserting 
``subsection (s) or (t) of section 922''.

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in this Act, or any amendment made by this Act, shall be 
construed to--
            (1) authorize the establishment, directly or indirectly, of 
        a national firearms registry; or
            (2) interfere with the authority of a State, under section 
        927 of title 18, United States Code, to enact a law on the same 
        subject matter as this Act.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall take effect 180 days after 
the date of the enactment of this Act.
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