Title: Jaime’s Law
Policy area: Crime and Law Enforcement

Summary:
Jaime's Law
This bill establishes background check requirements for the sale and transfer of ammunition.
Specifically, the bill prohibits a licensed importer, manufacturer, or dealer from transferring ammunition to an unlicensed individual prior to submitting a background check through the National Instant Criminal Background Check System. It also establishes penalties for violations. (Currently, background checks are required under these circumstances for the transfer of firearms, but not for ammunition.)
Additionally, it prohibits an ammunition transfer between private parties (i.e., unlicensed individuals) unless a licensed importer, manufacturer, or dealer first takes possession of the ammunition to conduct a background check. However, this prohibition does not apply to certain ammunition transfers, such as a gift between spouses in good faith.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2715 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 2715

    To prevent the purchase of ammunition by prohibited purchasers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 2021

   Ms. Wasserman Schultz (for herself, Mr. Brown, Mrs. Demings, Mr. 
   Deutch, Ms. Lois Frankel of Florida, Mr. Johnson of Georgia, Mr. 
Khanna, Mr. Lynch, Mrs. McBath, Ms. Moore of Wisconsin, Mr. Neguse, Ms. 
   Norton, Mr. Pascrell, Ms. Pressley, Mr. Quigley, Mr. Raskin, Ms. 
Schakowsky, Mr. Swalwell, Mr. Vargas, Mrs. Watson Coleman, Ms. Kelly of 
   Illinois, Mr. Moulton, Ms. Eshoo, Mr. Cicilline, and Mr. Nadler) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To prevent the purchase of ammunition by prohibited purchasers.

    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 ``Jaime's Law''.

SEC. 2. PURPOSE.

    The purpose of this Act is to enhance the background check process 
in the United States to prevent the purchase of ammunition by 
individuals prohibited from doing so.

SEC. 3. TRANSFERS OF FIREARMS OR AMMUNITION.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended--
            (1) by striking subsection (s) and redesignating subsection 
        (t) as subsection (s);
            (2) in subsection (s) (as so redesignated)--
                    (A) by inserting ``or ammunition'' after 
                ``firearm'' each place it appears except in paragraph 
                (3);
                    (B) in paragraph (1)(B)(ii), by inserting ``in the 
                case of a firearm,'' before ``3'';
                    (C) in paragraph (3)--
                            (i) by striking all that precedes 
                        subparagraph (B) and inserting the following:
    ``(3) Paragraph (1) shall not apply to a transfer between a 
licensee and another person if--
            ``(A)(i) in the case of a firearm transfer--
                    ``(I) such other person has presented to the 
                licensee a permit that--
                            ``(aa) allows such other person to possess 
                        or acquire a firearm; and
                            ``(bb) was issued not more than 5 years 
                        earlier by the State in which the transfer is 
                        to take place; and
                    ``(II) the law of the State provides that such a 
                permit is to be issued only after an authorized 
                government official has verified that the information 
                available to such official does not indicate that 
                possession of a firearm by such other person would be 
                in violation of law; or
            ``(ii) in the case of an ammunition transfer--
                    ``(I) such other person has presented to the 
                licensee a permit that--
                            ``(aa) allows such other person to possess 
                        or acquire ammunition, or to possess or acquire 
                        a firearm; and
                            ``(bb) was issued not more than 5 years 
                        earlier by the State in which the transfer is 
                        to take place; and
                    ``(II) the law of the State provides that such a 
                permit is to be issued only after an authorized 
                government official has verified that the information 
                available to such official does not indicate that 
                possession of ammunition by such other person would be 
                in violation of law;''; and
                            (ii) in subparagraph (C)(ii), by striking 
                        ``(as defined in subsection (s)(8))''; and
                    (D) by adding at the end the following:
    ``(7) In this subsection, the term `chief law enforcement officer' 
means the chief of police, the sheriff, or an equivalent officer or the 
designee of any such individual.''; and
            (3) by inserting after subsection (s) (as so 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 ammunition to any other person who is not so licensed, unless 
a licensed importer, licensed manufacturer, or licensed dealer has 
first taken possession of the ammunition for the purpose of complying 
with subsection (s).
    ``(B) Upon taking possession of ammunition under subparagraph (A), 
a licensee shall comply with all requirements of this chapter as if the 
licensee were transferring ammunition from the inventory of the 
licensee to the unlicensed transferee.
    ``(C) If a transfer of ammunition described in subparagraph (A) 
will not be completed for any reason after a licensee takes possession 
of the ammunition (including because the transfer of the ammunition to, 
or receipt of the ammunition by, the transferee would violate this 
chapter), the return of the ammunition to the transferor by the 
licensee shall not constitute the transfer of ammunition 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 transfer if the transfer 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; or
            ``(E) a transfer, if the transferor has no reason to 
        believe that the transferee will use or intends to use the 
        ammunition in a crime or is prohibited from possessing 
        ammunition under State or Federal law, and the transfer takes 
        place and the transferee's possession of the ammunition 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 ammunition 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 of ammunition transfers.
    ``(D) Regulations promulgated under this paragraph may not include 
any provision limiting the amount of any fee a licensee 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 ammunition 
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.''.
    (b) Technical and Conforming Amendments.--
            (1) 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)''.
            (2) Consolidated and further continuing appropriations act, 
        2012.--Section 511 of title V of division B of the Consolidated 
        and Further Continuing Appropriations Act, 2012 (34 U.S.C. 
        40901 note) is amended by striking ``subsection 922(t)'' each 
        place it appears and inserting ``subsection (s) or (t) of 
        section 922''.

SEC. 4. RULES 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 or ammunition 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. 5. EFFECTIVE DATE.

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