Title: NICS Denial Notification Act of 2021
Policy area: Crime and Law Enforcement

Summary:
NICS Denial Notification Act of 2021
This bill requires the Department of Justice to notify state and local law enforcement authorities following a firearms-related background check that results in a denial.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1769 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 1769

    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 HOUSE OF REPRESENTATIVES

                             March 10, 2021

 Mr. Quigley (for himself, Mr. Fitzpatrick, Mr. Swalwell, and Mr. Diaz-
   Balart) introduced the following bill; which was 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 
2021''.

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 (18 U.S.C. 922 note) 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) of the specific provision of law that would 
                have been violated;
                    ``(C) of the date and time the notice was provided;
                    ``(D) of the location where the firearm was sought 
                to be acquired; and
                    ``(E) of 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) 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 the enactment of this 
section, and annually thereafter, the Attorney General shall submit to 
the Congress a report detailing the following, broken down by Federal 
judicial district:
            ``(1) With respect to each category of persons prohibited 
        by section 922(g) from receiving or possessing a firearm who 
        are so denied a firearm--
                    ``(A) the number of cases referred to the Bureau of 
                Alcohol, Tobacco, Firearms and Explosives;
                    ``(B) the number of cases with respect to which an 
                investigation was opened by a field division of the 
                Bureau of Alcohol, Tobacco, Firearms and Explosives;
                    ``(C) the number of arrests made; and
                    ``(D) the number of convictions obtained by Federal 
                authorities in connection with the 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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