Keeping Guns From Criminals Act

Bill: 116-hr-8821
Sponsor: full_name: Rep. Beyer, Donald S., Jr. [D-VA-8]
Introduced: 2020-11-27
Policy area: Crime and Law Enforcement
Subjects: Criminal investigation, prosecution, interrogation

Criminal justice information and records

Firearms and explosives

Licensing and registrations
Latest action: action_date: 2020-11-27
text: Referred to the House Committee on the Judiciary.

Summaries:
action_date: 2020-11-27
action_desc: Introduced in House
text: <p><b>Keeping Guns From Criminals Act</b></p> <p>This bill modifies the criminal liability standard for certain firearm sales or transfers.</p> Current law makes it a crime for any person to knowingly sell or transfer a firearm to a prohibited person (i.e., a person who is prohibited from possessing or receiving a firearm). This legislation eliminates the <i>knowingly</i> standard to impose criminal liability on any person who sells or transfers a firearm to a prohibited person, regardless of whether such seller or transferor knows that the buyer is a prohibited person. <p>A defendant seller or transferor may assert as an affirmative defense against prosecution evidence to prove that the buyer or recipient passed a background check or possessed a valid concealed carry permit in the state of transfer.</p> <p>The affirmative defense does not apply if the defendant knew or had reasonable cause to believe the buyer or recipient was a prohibited person.<br /></p>

tv_txt: I 116th CONGRESS 2d Session H. R. 8821 IN THE HOUSE OF REPRESENTATIVES November 27, 2020 Mr. Beyer introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide an incentive for firearm owners to sell their firearms safely and responsibly.

1. Short title This Act may be cited as the Keeping Guns From Criminals Act . 2. Prohibition on sale or other disposition of a firearm to a prohibited person made into a strict liability crime with affirmative defenses (a) In general Section 922(d) of title 18, United States Code, is amended— (1) in the first sentence— (A) in the matter preceding paragraph (1), by striking any person knowing or having reasonable cause to believe that such person and inserting another person who ; (B) in each of paragraphs (5) and (7), by striking who, ; and (C) in paragraph (6), by striking who ; and (2) by adding at the end the following: It shall be an affirmative defense to a prosecution under this subsection that the defendant can prove by a preponderance of the evidence that, at the time of the sale or other disposition of the firearm, the National Instant Criminal Background Check System established under section 103 of the Brady Handgun Violence Prevention Act had indicated to any person that a sale or other disposition of a firearm to the recipient would not be unlawful, or the recipient possessed a valid permit, issued to the recipient by the State in which the sale or other disposition occurred, which authorizes the carrying of a concealed weapon, unless the defendant knew or had reasonable cause to believe that this subsection prohibited the sale or disposition of a firearm or ammunition to the recipient or that subsection (g) prohibited the recipient from receiving a firearm or ammunition which has been shipped or transported in interstate or foreign commerce. . (b) Conforming amendments Section 924(a)(2) of such title is amended— (1) by striking (d), ; and (2) by inserting , or violates subsection (d), before of section 922 . 3. Effective date The amendments made by this Act shall apply to conduct engaged in after the 90-day period that begins with the date of the enactment of this Act.