Fienstein to introduce Assault Weapon Ban

Rossignol · Jan 11, 2013

As far as I know it was a kid targeting bullies.

Itsricmo · Jan 11, 2013

Well there is a definite trigger there for the youth to enact such a heinous crime. As sad as it is too see our youth doing something like that... I have seen personally the affects of Bullying.

Frank Castle · Jan 11, 2013

Would this kid have tried what he did if he knew teachers had fire arms? That was what I was trying to say when I was mentioning the police officer didnt work. Even if the officer was there, the kid knew how to get into the school with a gun. I am all for Guns in Schools (just not the kids or any dirt bag bringing them).

What ever the motif, the individual made a decission to use a gun (tool). How would this story look if he used a knife or base ball bat or anything else for that matter. Did he have an outlet with the school to address this issue (going to a teacher/administrator/his parents)? I am guessing he did. Why did he choose this route? A) Because he Could, B)I dont think we will know.

None of the Current or Proposed Firearms Laws/Restrictions would/could have stoped this. Yet Fienstien comments at the end of the article saying this is why we need stricter laws/restrictions.....Please. This is why I am getting more frustrated with Fienstien, lets us it for personal gain, shame on her.

We need a First Time Gun Owners Program. Like the First Time Home Owners Program a couple of years ago. Take a Class, get educated, shoot a gun, buy a gun, and we will give you a tax credit equal to the cost. Hows that for a socialist society? Everyone owns a gun? Paid for by the government. Maybe they will go for it??? (I know I am ranting still, but trying for the opposite of taking all our guns, arm our people!)

Frank

Itsricmo · Jan 11, 2013

Frank Castle said:

Would this kid have tried what he did if he knew teachers had fire arms? That was what I was trying to say when I was mentioning the police officer didnt work.
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Okay, my misunderstanding... He may have taken a firearm or he may have not. Did he know the officer wasn't on duty?? That would answer that question...

Frank Castle said:

How would this story look if he used a knife or base ball bat or anything else for that matter.
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Quite honestly.. It probably would have never reach the national air waives... It would have just been another kid "over reacting" to a bullying situation. I believe he did have outlets, but as I personally know, if the bully is a Football Player or Track Team member... They are usually smacked on the wrist and told to find another kid to pick on... Was this the case? Was the bully corrected and just took out his frustration on the same student again? I was bullied... A LOT as a child and know how the "system" works.. It doesn't... A total new approach needs to be taken to Bullying. Potentially would stop kids from growing up and being angry individuals who eventually spill over the top and do some crazy bat shit things..

Frank Castle said:

None of the Current or Proposed Firearms Laws/Restrictions would/could have stoped this.
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It is all fluff for the Sheep and people who don't want to think that it couldn't have stopped this.. It is just like Piers Morgan's disgusting stance.. Standing on the graves of dead children.. "Never let a good tragedy go to waste"

Frank Castle said:

We need a First Time Gun Owners Program. Like the First Time Home Owners Program a couple of years ago. Take a Class, get educated, shoot a gun, buy a gun, and we will give you a tax credit equal to the cost. Hows that for a socialist society? Everyone owns a gun? Paid for by the government. Maybe they will go for it???
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Yeah don't hold your breath

John A. · Jan 12, 2013

HR 138 IH

A BILL
To prohibit the transfer or possession of large capacity ammunition feeding devices, and for other purposes.

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 `Large Capacity Ammunition Feeding Device Act'.

SEC. 2. PROHIBITION ON TRANSFER OR POSSESSION OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

(a) Definition- Section 921(a) of title 18, United States Code, is amended by inserting after paragraph (29) the following:

`(30) The term `large capacity ammunition feeding device'--

`(A) means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but

`(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.'.

(b) Prohibitions- Section 922 of such title is amended by inserting after subsection (u) the following:

`(v)(1)(A)(i) Except as provided in clause (ii), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

`(ii) Clause (i) shall not apply to the possession of a large capacity ammunition feeding device otherwise lawfully possessed within the United States on or before the date of the enactment of this subsection.

`(B) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device.

`(2) Paragraph (1) shall not apply to--

`(A) a manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

`(B) a transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such a licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

`(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon that retirement; or

`(D) a manufacture, transfer, or possession of a large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General.'.

(c) Penalties- Section 924(a) of such title is amended by adding at the end the following:

`(8) Whoever knowingly violates section 922(v) shall be fined under this title, imprisoned not more than 10 years, or both.'.

(d) Identification Markings- Section 923(i) of such title is amended by adding at the end the following: `A large capacity ammunition feeding device manufactured after the date of the enactment of this sentence shall be identified by a serial number that clearly shows that the device was manufactured after such date of enactment, and such other identification as the Attorney General may by regulation prescribe.'.
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John A. · Jan 12, 2013

H.R.137
Fix Gun Checks Act of 2013 (Introduced in House - IH)

Sec. 103. Adjudicated as a mental defective; mental health assessment plan.

Sec. 104. Clarification of the definition of drug abusers and drug addicts who are prohibited from possessing firearms.

TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE

Sec. 201. Purpose.

Sec. 202. Firearms transfers.

Sec. 203. Effective date.

TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

SEC. 101. PENALTIES FOR STATES THAT DO NOT MAKE DATA ELECTRONICALLY AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

(a) In General- Section 104(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended to read as follows:

`(b) Penalties-

`(1) DISCRETIONARY REDUCTION- During the 2-year period beginning 3 years after January 8, 2008, the Attorney General may withhold not more than 3 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State provides less than 50 percent of the records required to be provided under sections 102 and 103.

`(2) MANDATORY REDUCTIONS-

`(A) During the 2-year period after the expiration of the period referred to in paragraph (1), the Attorney General shall withhold 4 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State provides less than 70 percent of the records required to be provided under sections 102 and 103.

`(B) After the expiration of the period referred to in subparagraph (A), the Attorney General shall withhold 5 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755), if the State provides less than 90 percent of the records required to be provided under sections 102 and 103.'.

(b) Reporting of State Compliance- Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Attorney General shall publish, and make available on a publicly accessible website, a report that ranks the States by the ratio of number of records submitted by each State under sections 102 and 103 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to the estimated total number of available records of the State.

SEC. 102. REQUIREMENT THAT FEDERAL AGENCIES CERTIFY THAT THEY HAVE SUBMITTED TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM ALL RECORDS IDENTIFYING PERSONS PROHIBITED FROM PURCHASING FIREARMS UNDER FEDERAL LAW.

Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) is amended by adding at the end the following:

`(F) SEMIANNUAL CERTIFICATION AND REPORTING-

`(i) IN GENERAL- The head of each Federal department or agency shall submit to the Attorney General a written certification indicating whether the department or agency has provided to the Attorney General the pertinent information contained in any record of any person that the department or agency was in possession of during the time period addressed by the report demonstrating that the person falls within a category described in subsection (g) or (n) of section 922 of title 18, United States Code.

`(ii) SUBMISSION DATES- The head of a Federal department or agency shall submit a certification under clause (i)--

`(I) not later than July 31 of each year, which shall address any record the department or agency was in possession of during the period beginning on January 1 of the year and ending on June 30 of the year; and

`(II) not later than January 31 of each year, which shall address any record the department or agency was in possession of during the period beginning on July 1 of the previous year and ending on December 31 of the previous year.

`(iii) CONTENTS- A certification required under clause (i) shall state, for the applicable period--

`(I) the number of records of the Federal department or agency demonstrating that a person fell within each of the categories described in section 922(g) of title 18, United States Code;

`(II) the number of records of the Federal department or agency demonstrating that a person fell within the category described in section 922(n) of title 18, United States Code; and

`(III) for each category of records described in subclauses (I) and (II), the total number of records of the Federal department or agency that have been provided to the Attorney General.'.

SEC. 103. ADJUDICATED AS A MENTAL DEFECTIVE.

(a) In General- Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

`(36) The term `adjudicated as a mental defective' shall--

`(A) have the meaning given the term in section 478.11 of title 27, Code of Federal Regulations, or any successor thereto; and

`(B) include an order by a court, board, commission, or other lawful authority that a person, in response to mental illness, incompetency, or marked subnormal intelligence, be compelled to receive services--

`(i) including counseling, medication, or testing to determine compliance with prescribed medications; and

`(ii) not including testing for use of alcohol or for abuse of any controlled substance or other drug.

`(37) The term `committed to a mental institution' shall have the meaning given the term in section 478.11 of title 27, Code of Federal Regulations, or any successor thereto.'.

(b) Limitation- An individual who has been adjudicated as a mental defective before the effective date described in section 203 may not apply for relief from disability under section 101(c)(2) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) on the basis that the individual does not meet the requirements in section 921(a)(36) of title 18, United States Code, as added by subsection (a).

(c) NICS Improvement Amendments Act of 2007- Section 3 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by striking paragraph (2) and inserting the following:

`(2) MENTAL HEALTH TERMS-

`(A) IN GENERAL- Except as provided in subparagraph (B), the terms `adjudicated as a mental defective' and `committed to a mental institution' shall have the meaning given the terms in section 921(a) of title 18, United States Code.

`(B) EXCEPTION- For purposes of sections 102 and 103, the terms `adjudicated as a mental defective' and `committed to a mental institution' shall have the same meanings as on the day before the date of enactment of the Fix Gun Checks Act of 2013 until the end of the 2-year period beginning on such date of enactment.'.

SEC. 104. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

Section 103(e)(1) of the Brady Handgun Violence Protection Act (18 U.S.C. 922 note), as amended by section 102 of this Act, is amended by adding at the end the following:

`(G) APPLICATION TO FEDERAL COURTS- In this paragraph--

`(i) the terms `department or agency of the United States' and `Federal department or agency' include a Federal court; and

`(ii) for purposes of any request, submission, or notification, the Director of the Administrative Office of the United States Courts shall perform the functions of the head of the department or agency.'.

TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE

SEC. 201. PURPOSE.

The purpose of this title is to extend the Brady Law background check procedures to all sales and transfers of firearms.

SEC. 202. FIREARMS TRANSFERS.

(a) In General- Chapter 44 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 932. Background checks for firearm transfers by unlicensed persons

`(a) Definitions- In this section--

`(1) the term `unlicensed transferee' means a person who--

`(A) is not licensed under this chapter; and

`(B) desires to received a firearm from an unlicensed transferor; and

`(2) the term `unlicensed transferor' means a person who--

`(A) is not licensed under this chapter; and

`(B) desires to transfer a firearm to an unlicensed transferee.

`(b) Responsibilities of Transferors Other Than Licensees-

`(1) IN GENERAL- It shall be unlawful for an unlicensed transferor to transfer a firearm to an unlicensed transferee, unless the firearm is transferred--

`(A)(i) through a licensed dealer under subsection (d);

`(ii) after inspecting a permit that confirms a background check under subsection (f); or

`(iii) in accordance with an exception described in subsection (g); and

`(B) in accordance with paragraph (2).

`(2) CRIMINAL BACKGROUND CHECKS- Except as provided in subsection (g), an unlicensed transferor--

`(A) subject to subparagraph (B), may not transfer a firearm to an unlicensed transferee until--

`(i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A); or

`(ii) the unlicensed transferee has presented a permit that confirms that a background check has been conducted, as described in subsection (f); and

`(B) may not transfer a firearm to an unlicensed transferee if the licensed dealer through which the transfer is made under subsection (d) makes the notification described in subsection (d)(3)(B).

`(3) ABSENCE OF RECORDKEEPING REQUIREMENTS- Nothing in this section shall permit or authorize the Attorney General to impose recordkeeping requirements on any unlicensed transferor.

`(c) Responsibilities of Transferees Other Than Licensees-

`(1) IN GENERAL- It shall be unlawful for an unlicensed transferee to receive a firearm from an unlicensed transferor, unless the firearm is transferred--

`(A)(i) through a licensed dealer under subsection (d);

`(ii) after inspecting a permit that confirms a background check in accordance with subsection (f); or

`(iii) in accordance with an exception described in subsection (g); and

`(B) in accordance with paragraph (2).

`(2) CRIMINAL BACKGROUND CHECKS- Except as provided in subsection (f), an unlicensed transferee--

`(A) subject to subparagraph (B), may not receive a firearm from an unlicensed transferor until--

`(i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A); or

`(ii) the unlicensed transferee has presented a permit that confirms that a background check described in subsection (f) has been conducted; and

`(B) may not receive a firearm from another unlicensed transferor if the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(B).

`(d) Background Checks Through Licensed Dealers- A licensed dealer who agrees to assist in the transfer of a firearm between unlicensed transferor and an unlicensed transferee shall--

`(1) enter such information about the firearm as the Attorney General may require by regulation into a separate bound record;

`(2) record the transfer on a form specified by the Attorney General;

`(3) comply with section 922(t) as if transferring the firearm from the inventory of the licensed dealer to the unlicensed transferee (except that a licensed dealer assisting in the transfer of a firearm under this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the unlicensed transferee) and notify the unlicensed transferor and unlicensed transferee--

`(A) of such compliance; and

`(B) if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or State law;

`(4) not later than 31 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which--

`(A) shall be on a form specified by the Attorney General by regulation; and

`(B) shall not include the name of or other identifying information relating to the unlicensed transferor or unlicensed transferee;

`(5) if the licensed dealer assists an unlicensed transferor in transferring, at the same time or during any 5 consecutive business days, 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same unlicensed transferee, in addition to the reports required under paragraph (4), prepare a report of the multiple transfers, which shall--

`(A) be prepared on a form specified by the Attorney General; and

`(B) not later than the close of business on the date on which the transfer requiring the report under this paragraph occurs, be submitted to--

`(i) the office specified on the form described in subparagraph (A); and

`(ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and

`(6) retain a record of the transfer as part of the permanent business records of the licensed dealer.

`(e) Purchase Permits Confirming Background Checks- An unlicensed transferor may transfer a firearm to an unlicensed transferee if the unlicensed transferor verifies that--

`(1) the unlicensed transferee has presented to a licensed dealer a permit or license that allows the unlicensed transferee to possess, acquire, or carry a firearm, and the licensed dealer has verified to the unlicensed transferor that the permit or license is valid;

`(2) the permit or license was issued not more than 5 years before the date on which the permit or license is presented under paragraph (1) by a law enforcement agency in the State in which the transfer is to take place;

`(3) the law of the State provides that the permit or license is to be issued only after a law enforcement official has verified that neither the national instant criminal background check system nor other information indicates that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law; and

`(4) if the permit or license does not include a photograph of the unlicensed transferee, the unlicensed transferor has examined a valid identification document (as defined in section 1028(d)) of the unlicensed transferee containing a photograph of the unlicensed transferee.

`(f) Exceptions- Unless prohibited by any other provision of law, subsections (b) and (c) shall not apply to any transfer of a firearm between an unlicensed transferor and unlicensed transferee, if--

`(1) the transfer is a bona fide gift between immediate family members, including spouses, parents, children, siblings, grandparents, and grandchildren;

`(2) the transfer occurs by operation of law, or because of the death of another person for whom the unlicensed transferor is an executor or administrator of an estate or a trustee of a trust created in a will;

`(3) the transfer is temporary and occurs while in the home of the unlicensed transferee, if--

`(A) the unlicensed transferee is not otherwise prohibited from possessing firearms; and

`(B) the unlicensed transferee believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the unlicensed transferee;

`(4) the transfer is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or

`(5) upon application of the unlicensed transferor, the Attorney General determined that compliance with subsection (b) is impracticable because--

`(A) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025;

`(B) the location at which the transfer is to occur is extremely remote in relation to the chief law enforcement officer (as defined in section 922(s)(8)); and

`(C) there is an absence of telecommunications facilities in the geographical area in which the unlicensed transferor is located; or

`(6) the transfer is a temporary transfer of possession without transfer of title that takes place--

`(A) at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms;

`(B) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization; or

`(C) while hunting, fishing, or trapping, if--

`(i) the activity is legal in all places where the unlicensed transferee possesses the firearm; and

`(ii) the unlicensed transferee holds any required license or permit.

`(g) Processing Fees- A licensed dealer that processes the transfer of a firearm under this section may assess and collect a fee, in an amount not to exceed $15, with respect to each firearm transfer processed.'.

(b) Penalties- Section 924(a)(5) of title 18, United States Code, is amended by inserting `or section 932' after `section 922'.

(c) Conforming Amendment- The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following:

`932.
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TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE

SEC. 201. PURPOSE.

The purpose of this title is to extend the Brady Law background check procedures to all sales and transfers of firearms.

SEC. 202. FIREARMS TRANSFERS.

(a) In General- Chapter 44 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 932. Background checks for firearm transfers by unlicensed persons

`(a) Definitions- In this section--

`(1) the term `unlicensed transferee' means a person who--

`(A) is not licensed under this chapter; and

`(B) desires to received a firearm from an unlicensed transferor; and

`(2) the term `unlicensed transferor' means a person who--

`(A) is not licensed under this chapter; and

`(B) desires to transfer a firearm to an unlicensed transferee.

`(b) Responsibilities of Transferors Other Than Licensees-

`(1) IN GENERAL- It shall be unlawful for an unlicensed transferor to transfer a firearm to an unlicensed transferee, unless the firearm is transferred--

`(A)(i) through a licensed dealer under subsection (d);

`(ii) after inspecting a permit that confirms a background check under subsection (f); or

`(iii) in accordance with an exception described in subsection (g); and

`(B) in accordance with paragraph (2).

`(2) CRIMINAL BACKGROUND CHECKS- Except as provided in subsection (g), an unlicensed transferor--

`(A) subject to subparagraph (B), may not transfer a firearm to an unlicensed transferee until--

`(i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A); or

`(ii) the unlicensed transferee has presented a permit that confirms that a background check has been conducted, as described in subsection (f); and

`(B) may not transfer a firearm to an unlicensed transferee if the licensed dealer through which the transfer is made under subsection (d) makes the notification described in subsection (d)(3)(B).

`(3) ABSENCE OF RECORDKEEPING REQUIREMENTS- Nothing in this section shall permit or authorize the Attorney General to impose recordkeeping requirements on any unlicensed transferor.

`(c) Responsibilities of Transferees Other Than Licensees-

`(1) IN GENERAL- It shall be unlawful for an unlicensed transferee to receive a firearm from an unlicensed transferor, unless the firearm is transferred--

`(A)(i) through a licensed dealer under subsection (d);

`(ii) after inspecting a permit that confirms a background check in accordance with subsection (f); or

`(iii) in accordance with an exception described in subsection (g); and

`(B) in accordance with paragraph (2).

`(2) CRIMINAL BACKGROUND CHECKS- Except as provided in subsection (f), an unlicensed transferee--

`(A) subject to subparagraph (B), may not receive a firearm from an unlicensed transferor until--

`(i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A); or

`(ii) the unlicensed transferee has presented a permit that confirms that a background check described in subsection (f) has been conducted; and

`(B) may not receive a firearm from another unlicensed transferor if the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(B).

`(d) Background Checks Through Licensed Dealers- A licensed dealer who agrees to assist in the transfer of a firearm between unlicensed transferor and an unlicensed transferee shall--

`(1) enter such information about the firearm as the Attorney General may require by regulation into a separate bound record;

`(2) record the transfer on a form specified by the Attorney General;

`(3) comply with section 922(t) as if transferring the firearm from the inventory of the licensed dealer to the unlicensed transferee (except that a licensed dealer assisting in the transfer of a firearm under this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the unlicensed transferee) and notify the unlicensed transferor and unlicensed transferee--

`(A) of such compliance; and

`(B) if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or State law;

`(4) not later than 31 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which--

`(A) shall be on a form specified by the Attorney General by regulation; and

`(B) shall not include the name of or other identifying information relating to the unlicensed transferor or unlicensed transferee;

`(5) if the licensed dealer assists an unlicensed transferor in transferring, at the same time or during any 5 consecutive business days, 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same unlicensed transferee, in addition to the reports required under paragraph (4), prepare a report of the multiple transfers, which shall--

`(A) be prepared on a form specified by the Attorney General; and

`(B) not later than the close of business on the date on which the transfer requiring the report under this paragraph occurs, be submitted to--

`(i) the office specified on the form described in subparagraph (A); and

`(ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and

`(6) retain a record of the transfer as part of the permanent business records of the licensed dealer.

`(e) Purchase Permits Confirming Background Checks- An unlicensed transferor may transfer a firearm to an unlicensed transferee if the unlicensed transferor verifies that--

`(1) the unlicensed transferee has presented to a licensed dealer a permit or license that allows the unlicensed transferee to possess, acquire, or carry a firearm, and the licensed dealer has verified to the unlicensed transferor that the permit or license is valid;

`(2) the permit or license was issued not more than 5 years before the date on which the permit or license is presented under paragraph (1) by a law enforcement agency in the State in which the transfer is to take place;

`(3) the law of the State provides that the permit or license is to be issued only after a law enforcement official has verified that neither the national instant criminal background check system nor other information indicates that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law; and

`(4) if the permit or license does not include a photograph of the unlicensed transferee, the unlicensed transferor has examined a valid identification document (as defined in section 1028(d)) of the unlicensed transferee containing a photograph of the unlicensed transferee.

`(f) Exceptions- Unless prohibited by any other provision of law, subsections (b) and (c) shall not apply to any transfer of a firearm between an unlicensed transferor and unlicensed transferee, if--

`(1) the transfer is a bona fide gift between immediate family members, including spouses, parents, children, siblings, grandparents, and grandchildren;

`(2) the transfer occurs by operation of law, or because of the death of another person for whom the unlicensed transferor is an executor or administrator of an estate or a trustee of a trust created in a will;

`(3) the transfer is temporary and occurs while in the home of the unlicensed transferee, if--

`(A) the unlicensed transferee is not otherwise prohibited from possessing firearms; and

`(B) the unlicensed transferee believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the unlicensed transferee;

`(4) the transfer is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or

`(5) upon application of the unlicensed transferor, the Attorney General determined that compliance with subsection (b) is impracticable because--

`(A) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025;

`(B) the location at which the transfer is to occur is extremely remote in relation to the chief law enforcement officer (as defined in section 922(s)(8)); and

`(C) there is an absence of telecommunications facilities in the geographical area in which the unlicensed transferor is located; or

`(6) the transfer is a temporary transfer of possession without transfer of title that takes place--

`(A) at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms;

`(B) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization; or

`(C) while hunting, fishing, or trapping, if--

`(i) the activity is legal in all places where the unlicensed transferee possesses the firearm; and

`(ii) the unlicensed transferee holds any required license or permit.

`(g) Processing Fees- A licensed dealer that processes the transfer of a firearm under this section may assess and collect a fee, in an amount not to exceed $15, with respect to each firearm transfer processed.'.

(b) Penalties- Section 924(a)(5) of title 18, United States Code, is amended by inserting `or section 932' after `section 922'.

(c) Conforming Amendment- The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following:

`932. Background checks for firearm transfers by unlicensed persons.'.

SEC. 203. EFFECTIVE DATE.

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

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Sec. 932. Background checks for firearm transfers by unlicensed persons

`(a) Definitions- In this section--

`(1) the term `unlicensed transferee' means a person who--

`(A) is not licensed under this chapter; and

`(B) desires to received a firearm from an unlicensed transferor; and

`(2) the term `unlicensed transferor' means a person who--

`(A) is not licensed under this chapter; and

`(B) desires to transfer a firearm to an unlicensed transferee.

`(b) Responsibilities of Transferors Other Than Licensees-

`(1) IN GENERAL- It shall be unlawful for an unlicensed transferor to transfer a firearm to an unlicensed transferee, unless the firearm is transferred--

`(A)(i) through a licensed dealer under subsection (d);

`(ii) after inspecting a permit that confirms a background check under subsection (f); or

`(iii) in accordance with an exception described in subsection (g); and

`(B) in accordance with paragraph (2).

`(2) CRIMINAL BACKGROUND CHECKS- Except as provided in subsection (g), an unlicensed transferor--

`(A) subject to subparagraph (B), may not transfer a firearm to an unlicensed transferee until--

`(i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A); or

`(ii) the unlicensed transferee has presented a permit that confirms that a background check has been conducted, as described in subsection (f); and

`(B) may not transfer a firearm to an unlicensed transferee if the licensed dealer through which the transfer is made under subsection (d) makes the notification described in subsection (d)(3)(B).

`(3) ABSENCE OF RECORDKEEPING REQUIREMENTS- Nothing in this section shall permit or authorize the Attorney General to impose recordkeeping requirements on any unlicensed transferor.

`(c) Responsibilities of Transferees Other Than Licensees-

`(1) IN GENERAL- It shall be unlawful for an unlicensed transferee to receive a firearm from an unlicensed transferor, unless the firearm is transferred--

`(A)(i) through a licensed dealer under subsection (d);

`(ii) after inspecting a permit that confirms a background check in accordance with subsection (f); or

`(iii) in accordance with an exception described in subsection (g); and

`(B) in accordance with paragraph (2).

`(2) CRIMINAL BACKGROUND CHECKS- Except as provided in subsection (f), an unlicensed transferee--

`(A) subject to subparagraph (B), may not receive a firearm from an unlicensed transferor until--

`(i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A); or

`(ii) the unlicensed transferee has presented a permit that confirms that a background check described in subsection (f) has been conducted; and

`(B) may not receive a firearm from another unlicensed transferor if the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(B).

`(d) Background Checks Through Licensed Dealers- A licensed dealer who agrees to assist in the transfer of a firearm between unlicensed transferor and an unlicensed transferee shall--

`(1) enter such information about the firearm as the Attorney General may require by regulation into a separate bound record;

`(2) record the transfer on a form specified by the Attorney General;

`(3) comply with section 922(t) as if transferring the firearm from the inventory of the licensed dealer to the unlicensed transferee (except that a licensed dealer assisting in the transfer of a firearm under this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the unlicensed transferee) and notify the unlicensed transferor and unlicensed transferee--

`(A) of such compliance; and

`(B) if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or State law;

`(4) not later than 31 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which--

`(A) shall be on a form specified by the Attorney General by regulation; and

`(B) shall not include the name of or other identifying information relating to the unlicensed transferor or unlicensed transferee;

`(5) if the licensed dealer assists an unlicensed transferor in transferring, at the same time or during any 5 consecutive business days, 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same unlicensed transferee, in addition to the reports required under paragraph (4), prepare a report of the multiple transfers, which shall--

`(A) be prepared on a form specified by the Attorney General; and

`(B) not later than the close of business on the date on which the transfer requiring the report under this paragraph occurs, be submitted to--

`(i) the office specified on the form described in subparagraph (A); and

`(ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and

`(6) retain a record of the transfer as part of the permanent business records of the licensed dealer.

`(e) Purchase Permits Confirming Background Checks- An unlicensed transferor may transfer a firearm to an unlicensed transferee if the unlicensed transferor verifies that--

`(1) the unlicensed transferee has presented to a licensed dealer a permit or license that allows the unlicensed transferee to possess, acquire, or carry a firearm, and the licensed dealer has verified to the unlicensed transferor that the permit or license is valid;

`(2) the permit or license was issued not more than 5 years before the date on which the permit or license is presented under paragraph (1) by a law enforcement agency in the State in which the transfer is to take place;

`(3) the law of the State provides that the permit or license is to be issued only after a law enforcement official has verified that neither the national instant criminal background check system nor other information indicates that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law; and

`(4) if the permit or license does not include a photograph of the unlicensed transferee, the unlicensed transferor has examined a valid identification document (as defined in section 1028(d)) of the unlicensed transferee containing a photograph of the unlicensed transferee.

`(f) Exceptions- Unless prohibited by any other provision of law, subsections (b) and (c) shall not apply to any transfer of a firearm between an unlicensed transferor and unlicensed transferee, if--

`(1) the transfer is a bona fide gift between immediate family members, including spouses, parents, children, siblings, grandparents, and grandchildren;

`(2) the transfer occurs by operation of law, or because of the death of another person for whom the unlicensed transferor is an executor or administrator of an estate or a trustee of a trust created in a will;

`(3) the transfer is temporary and occurs while in the home of the unlicensed transferee, if--

`(A) the unlicensed transferee is not otherwise prohibited from possessing firearms; and

`(B) the unlicensed transferee believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the unlicensed transferee;

`(4) the transfer is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or

`(5) upon application of the unlicensed transferor, the Attorney General determined that compliance with subsection (b) is impracticable because--

`(A) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025;

`(B) the location at which the transfer is to occur is extremely remote in relation to the chief law enforcement officer (as defined in section 922(s)(8)); and

`(C) there is an absence of telecommunications facilities in the geographical area in which the unlicensed transferor is located; or

`(6) the transfer is a temporary transfer of possession without transfer of title that takes place--

`(A) at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms;

`(B) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization; or

`(C) while hunting, fishing, or trapping, if--

`(i) the activity is legal in all places where the unlicensed transferee possesses the firearm; and

`(ii) the unlicensed transferee holds any required license or permit.

`(g) Processing Fees- A licensed dealer that processes the transfer of a firearm under this section may assess and collect a fee, in an amount not to exceed $15, with respect to each firearm transfer processed.'.

(b) Penalties- Section 924(a)(5) of title 18, United States Code, is amended by inserting `or section 932' after `section 922'.

(c) Conforming Amendment- The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following:

`932. Background checks for firearm transfers by unlicensed persons.'.

SEC. 203. EFFECTIVE DATE.

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

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John A. · Jan 12, 2013

H.R.34
Blair Holt's Firearm Licensing and Record of Sale Act of 2013 (Introduced in House - IH)

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SEC. 101. LICENSING REQUIREMENT.

Section 922 of title 18, United States Code, is amended by adding at the end the following:

`(aa) Firearm Licensing Requirement-

`(1) IN GENERAL- It shall be unlawful for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to possess a qualifying firearm on or after the applicable date, unless that person has been issued a firearm license--

`(A) under title I of Blair Holt's Firearm Licensing and Record of Sale Act of 2013, which license has not been invalidated or revoked under that title; or

`(B) pursuant to a State firearm licensing and record of sale system certified under section 602 of Blair Holt's Firearm Licensing and Record of Sale Act of 2013, which license has not been invalidated or revoked under State law.

`(2) APPLICABLE DATE- In this subsection, the term `applicable date' means--

`(A) with respect to a qualifying firearm that is acquired by the person before the date of the enactment of Blair Holt's Firearm Licensing and Record of Sale Act of 2013, 2 years after such date of enactment; and

`(B) with respect to a qualifying firearm that is acquired by the person on or after the date of the enactment of Blair Holt's Firearm Licensing and Record of Sale Act of 2013, 1 year after such date of enactment.'.

SEC. 102. APPLICATION REQUIREMENTS.

(a) In General- In order to be issued a firearm license under this title, an individual shall submit to the Attorney General (in accordance with the regulations promulgated under subsection (b)) an application, which shall include--

(1) a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant;

(2) the name, address, and date and place of birth of the applicant;

(3) any other name that the applicant has ever used or by which the applicant has ever been known;

(4) a clear thumb print of the applicant, which shall be made when, and in the presence of the entity to whom, the application is submitted;

(5) with respect to each category of person prohibited by Federal law, or by the law of the State of residence of the applicant, from obtaining a firearm, a statement that the individual is not a person prohibited from obtaining a firearm;

(6) a certification by the applicant that the applicant will keep any firearm owned by the applicant safely stored and out of the possession of persons who have not attained 18 years of age;

(7) a certificate attesting to the completion at the time of application of a written firearms examination, which shall test the knowledge and ability of the applicant regarding--

(A) the safe storage of firearms, particularly in the vicinity of persons who have not attained 18 years of age;

(B) the safe handling of firearms;

(C) the use of firearms in the home and the risks associated with such use;

(D) the legal responsibilities of firearms owners, including Federal, State, and local laws relating to requirements for the possession and storage of firearms, and relating to reporting requirements with respect to firearms; and

(E) any other subjects, as the Attorney General determines to be appropriate;

(8) an authorization by the applicant to release to the Attorney General or an authorized representative of the Attorney General any mental health records pertaining to the applicant;

(9) the date on which the application was submitted; and

(10) the signature of the applicant.

(b) Regulations Governing Submission- The Attorney General shall promulgate regulations specifying procedures for the submission of applications to the Attorney General under this section, which regulations shall--

(1) provide for submission of the application through a licensed dealer or an office or agency of the Federal Government designated by the Attorney General;

(2) require the applicant to provide a valid identification document (as defined in section 1028(d)(2) of title 18, United States Code) of the applicant, containing a photograph of the applicant, to the licensed dealer or to the office or agency of the Federal Government, as applicable, at the time of submission of the application to that dealer, office, or agency; and

(3) require that a completed application be forwarded to the Attorney General not later than 48 hours after the application is submitted to the licensed dealer or office or agency of the Federal Government, as applicable.

(c) Fees-

(1) IN GENERAL- The Attorney General shall charge and collect from each applicant for a license under this title a fee in an amount determined in accordance with paragraph (2).

(2) FEE AMOUNT- The amount of the fee collected under this subsection shall be not less than the amount determined by the Attorney General to be necessary to ensure that the total amount of all fees collected under this subsection during a fiscal year is sufficient to cover the costs of carrying out this title during that fiscal year, except that such amount shall not exceed $25.

SEC. 103. ISSUANCE OF LICENSE.

(a) In General- The Attorney General shall issue a firearm license to an applicant who has submitted an application that meets the requirements of section 102 of this Act, if the Attorney General ascertains that the individual is not prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm.

(b) Effect of Issuance to Prohibited Person- A firearm license issued under this section shall be null and void if issued to a person who is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm.

(c) Form of License- A firearm license issued under this section shall be in the form of a tamper-resistant card, and shall include--

(1) the photograph of the licensed individual submitted with the application;

(2) the address of the licensed individual;

(3) the date of birth of the licensed individual;

(4) a license number, unique to each licensed individual;

(5) the expiration date of the license, which shall be the date that is 5 years after the initial anniversary of the date of birth of the licensed individual following the date on which the license is issued (or in the case of a license renewal, following the date on which the license is renewed under section 104);

(6) the signature of the licensed individual provided on the application, or a facsimile of the application; and

(7) centered at the top of the license, capitalized, and in boldface type, the following:

`FIREARM LICENSE--NOT VALID FOR ANY OTHER PURPOSE'.

SEC. 104. RENEWAL OF LICENSE.

(a) Application for Renewal-

(1) IN GENERAL- In order to renew a firearm license issued under this title, not later than 30 days before the expiration date of the license, the licensed individual shall submit to the Attorney General (in accordance with the regulations promulgated under paragraph (3)), in a form approved by the Attorney General, an application for renewal of the license.

(2) CONTENTS- An application submitted under paragraph (1) shall include--

(A) a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant;

(B) current proof of identity of the licensed individual; and

(C) the address of the licensed individual.

(3) REGULATIONS GOVERNING SUBMISSION- The Attorney General shall promulgate regulations specifying procedures for the submission of applications under this subsection.

(b) Issuance of Renewed License- Upon approval of an application submitted under subsection (a) of this section, the Attorney General shall issue a renewed license, which shall meet the requirements of section 103(c), except that the license shall include the current photograph and address of the licensed individual, as provided in the application submitted under this section, and the expiration date of the renewed license, as provided in section 103(c)(5).

SEC. 105. REVOCATION OF LICENSE.

(a) In General- If an individual to whom a license has been issued under this title subsequently becomes a person who is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm--

(1) the license is revoked; and

(2) the individual shall promptly return the license to the Attorney General.

(b) Administrative Action- Upon receipt by the Attorney General of notice that an individual to whom a license has been issued under this title has become a person described in subsection (a), the Attorney General shall ensure that the individual promptly returns the license to the Attorney General.

TITLE II--RECORD OF SALE OR TRANSFER

SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALIFYING FIREARMS.

Section 922 of title 18, United States Code, as amended by section 101 of this Act, is amended by adding at the end the following:

`(bb) Unauthorized Sale or Transfer of a Qualifying Firearm- It shall be unlawful for any person to sell, deliver, or otherwise transfer a qualifying firearm to, or for, any person who is not a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, or to receive a qualifying firearm from a person who is not a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, unless, at the time and place of the transfer or receipt--

`(1) the transferee presents to a licensed dealer a valid firearm license issued to the transferee--

`(A) under title I of Blair Holt's Firearm Licensing and Record of Sale Act of 2013; or

`(B) pursuant to a State firearm licensing and record of sale system certified under section 602 of Blair Holt's Firearm Licensing and Record of Sale Act of 2013 established by the State in which the transfer or receipt occurs;

`(2) the licensed dealer contacts the Attorney General or the head of the State agency that administers the certified system described in paragraph (1)(B), as applicable, and receives notice that the transferee has been issued a firearm license described in paragraph (1) and that the license remains valid; and

`(3) the licensed dealer records on a document (which, in the case of a sale, shall be the sales receipt) a tracking authorization number provided by the Attorney General or the head of the State agency, as applicable, as evidence that the licensed dealer has verified the validity of the license.'.

SEC. 202. FIREARM RECORDS.

(a) Submission of Sale or Transfer Reports- Not later than 14 days after the date on which the transfer of qualifying firearm is processed by a licensed dealer under section 922(bb) of title 18, United States Code (as added by section 201 of this Act), the licensed dealer shall submit to the Attorney General (or, in the case of a licensed dealer located in a State that has a State firearm licensing and record of sale system certified under section 602 of this Act, to the head of the State agency that administers that system) a report of that transfer, which shall include information relating to--

(1) the manufacturer of the firearm;

(2) the model name or number of the firearm;

(3) the serial number of the firearm;

(4) the date on which the firearm was received by the transferee;

(5) the number of a valid firearm license issued to the transferee under title I of this Act; and

(6) the name and address of the individual who transferred the firearm to the transferee.

(b) Federal Record of Sale System- Not later than 9 months after the date of the enactment of this Act, the Attorney General shall establish and maintain a Federal record of sale system, which shall include the information included in each report submitted to the Attorney General under subsection (a).

(c) Elimination of Prohibition on Establishment of System of Registration- Section 926(a) of title 18, United States Code, is amended by striking the second sentence.

TITLE III--ADDITIONAL PROHIBITIONS

SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIREMENT.

Section 922 of title 18, United States Code, as amended by sections 101 and 201 of this Act, is amended by adding at the end the following:

`(cc) Universal Background Check Requirement-

`(1) REQUIREMENT- Except as provided in paragraph (2), it shall be unlawful for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell, deliver, or otherwise transfer a firearm to any person other than such a licensee, unless the transfer is processed through a licensed dealer in accordance with subsection (t).

`(2) EXCEPTION- Paragraph (1) shall not apply to the infrequent transfer of a firearm by gift, bequest, intestate succession or other means by an individual to a parent, child, grandparent, or grandchild of the individual, or to any loan of a firearm for any lawful purpose for not more than 30 days between persons who are personally known to each other.'.

SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION OF RECORDS.

Section 922 of title 18, United States Code, as amended by sections 101, 201, and 301 of this Act, is amended by adding at the end the following:

`(dd) Failure To Maintain or Permit Inspection of Records- It shall be unlawful for a licensed manufacturer or a licensed dealer to fail to comply with section 202 of Blair Holt's Handgun Licensing and Record of Sale Act of 2013, or to maintain such records or supply such information as the Attorney General may require in order to ascertain compliance with such Act and the regulations and orders issued under such Act.'.

SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIREARM.

Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, and 302 of this Act, is amended by adding at the end the following:

`(ee) Failure To Report Loss or Theft of Firearm- It shall be unlawful for any person who owns a qualifying firearm to fail to report the loss or theft of the firearm to the Attorney General within 72 hours after the loss or theft is discovered.'.

SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF ADDRESS.

Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, 302, and 303 of this Act, is amended by adding at the end the following:

`(ff) Failure To Provide Notice of Change of Address- It shall be unlawful for any individual to whom a firearm license has been issued under title I of Blair Holt's Firearm Licensing and Record of Sale Act of 2013 to fail to report to the Attorney General a change in the address of that individual within 60 days of that change of address.'.

SEC. 305. CHILD ACCESS PREVENTION.

Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, 302, 303, and 304 of this Act, is amended by adding at the end the following:

`(gg) Child Access Prevention-

`(1) DEFINITION OF CHILD- In this subsection, the term `child' means an individual who has not attained the age of 18 years.

`(2) PROHIBITION AND PENALTIES- Except as provided in paragraph (3), it shall be unlawful for any person to keep a loaded firearm, or an unloaded firearm and ammunition for the firearm, any one of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person, if--

`(A) that person--

`(i) knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and

`(ii) either--

`(I) knows, or recklessly disregards the risk, that a child will use the firearm to cause the death of, or serious bodily injury (as defined in section 1365 of this title) to, the child or any other person; or

`(II) knows, or reasonably should know, that possession of the firearm by a child is unlawful under Federal or State law; and

`(B) a child uses the firearm and the use of that firearm causes the death of, or serious bodily injury to, the child or any other person.

`(3) EXCEPTIONS- Paragraph (2) shall not apply if--

`(A) at the time the child obtained access, the firearm was secured with a secure gun storage or safety device;

`(B) the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity;

`(C) the child uses the firearm in a lawful act of self-defense or defense of one or more other persons; or

`(D) the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept.'.

TITLE IV--ENFORCEMENT

SEC. 401. CRIMINAL PENALTIES.

(a) Failure To Possess Firearm License; Failure To Comply With Qualifying Firearm Sale or Transfer Requirements; Failure To Maintain or Permit Inspection of Records- Section 924(a) of title 18, United States Code, is amended by adding at the end the following:

`(8) Whoever knowingly violates subsection (aa), (bb), or (dd) of section 922 shall be fined under this title, imprisoned not more than 2 years, or both.'.

(b) Failure To Comply With Universal Background Checks; Failure To Timely Report Loss or Theft of a Qualifying Firearm; Failure To Provide Notice of Change of Address- Section 924(a)(5) of such title is amended by striking `(s) or (t)' and inserting `(t), (cc), (ee), or (ff)'.

(c) Child Access Prevention- Section 924(a) of such title, as amended by subsection (a) of this section, is amended by adding at the end the following:

`(9) Whoever violates section 105(a)(2) of Blair Holt's Handgun Licensing and Record of Sale Act of 2013, knowingly or having reason to believe that the person is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm, shall be fined under this title, imprisoned not more than 10 years, or both.

`(10) Whoever violates section 922(gg) shall be fined under this title, imprisoned not more than 5 years, or both.'.

TITLE III--ADDITIONAL PROHIBITIONS

SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIREMENT.

Section 922 of title 18, United States Code, as amended by sections 101 and 201 of this Act, is amended by adding at the end the following:

`(cc) Universal Background Check Requirement-

`(1) REQUIREMENT- Except as provided in paragraph (2), it shall be unlawful for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell, deliver, or otherwise transfer a firearm to any person other than such a licensee, unless the transfer is processed through a licensed dealer in accordance with subsection (t).

`(2) EXCEPTION- Paragraph (1) shall not apply to the infrequent transfer of a firearm by gift, bequest, intestate succession or other means by an individual to a parent, child, grandparent, or grandchild of the individual, or to any loan of a firearm for any lawful purpose for not more than 30 days between persons who are personally known to each other.'.

SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION OF RECORDS.

Section 922 of title 18, United States Code, as amended by sections 101, 201, and 301 of this Act, is amended by adding at the end the following:

`(dd) Failure To Maintain or Permit Inspection of Records- It shall be unlawful for a licensed manufacturer or a licensed dealer to fail to comply with section 202 of Blair Holt's Handgun Licensing and Record of Sale Act of 2013, or to maintain such records or supply such information as the Attorney General may require in order to ascertain compliance with such Act and the regulations and orders issued under such Act.'.

SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIREARM.

Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, and 302 of this Act, is amended by adding at the end the following:

`(ee) Failure To Report Loss or Theft of Firearm- It shall be unlawful for any person who owns a qualifying firearm to fail to report the loss or theft of the firearm to the Attorney General within 72 hours after the loss or theft is discovered.'.

SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF ADDRESS.

Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, 302, and 303 of this Act, is amended by adding at the end the following:

`(ff) Failure To Provide Notice of Change of Address- It shall be unlawful for any individual to whom a firearm license has been issued under title I of Blair Holt's Firearm Licensing and Record of Sale Act of 2013 to fail to report to the Attorney General a change in the address of that individual within 60 days of that change of address.'.

SEC. 305. CHILD ACCESS PREVENTION.

Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, 302, 303, and 304 of this Act, is amended by adding at the end the following:

`(gg) Child Access Prevention-

`(1) DEFINITION OF CHILD- In this subsection, the term `child' means an individual who has not attained the age of 18 years.

`(2) PROHIBITION AND PENALTIES- Except as provided in paragraph (3), it shall be unlawful for any person to keep a loaded firearm, or an unloaded firearm and ammunition for the firearm, any one of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person, if--

`(A) that person--

`(i) knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and

`(ii) either--

`(I) knows, or recklessly disregards the risk, that a child will use the firearm to cause the death of, or serious bodily injury (as defined in section 1365 of this title) to, the child or any other person; or

`(II) knows, or reasonably should know, that possession of the firearm by a child is unlawful under Federal or State law; and

`(B) a child uses the firearm and the use of that firearm causes the death of, or serious bodily injury to, the child or any other person.

`(3) EXCEPTIONS- Paragraph (2) shall not apply if--

`(A) at the time the child obtained access, the firearm was secured with a secure gun storage or safety device;

`(B) the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity;

`(C) the child uses the firearm in a lawful act of self-defense or defense of one or more other persons; or

`(D) the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept.'.

TITLE IV--ENFORCEMENT

SEC. 401. CRIMINAL PENALTIES.

(a) Failure To Possess Firearm License; Failure To Comply With Qualifying Firearm Sale or Transfer Requirements; Failure To Maintain or Permit Inspection of Records- Section 924(a) of title 18, United States Code, is amended by adding at the end the following:

`(8) Whoever knowingly violates subsection (aa), (bb), or (dd) of section 922 shall be fined under this title, imprisoned not more than 2 years, or both.'.

(b) Failure To Comply With Universal Background Checks; Failure To Timely Report Loss or Theft of a Qualifying Firearm; Failure To Provide Notice of Change of Address- Section 924(a)(5) of such title is amended by striking `(s) or (t)' and inserting `(t), (cc), (ee), or (ff)'.

(c) Child Access Prevention- Section 924(a) of such title, as amended by subsection (a) of this section, is amended by adding at the end the following:

`(9) Whoever violates section 105(a)(2) of Blair Holt's Handgun Licensing and Record of Sale Act of 2013, knowingly or having reason to believe that the person is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm, shall be fined under this title, imprisoned not more than 10 years, or both.

`(10) Whoever violates section 922(gg) shall be fined under this title, imprisoned not more than 5 years, or both.'.

SEC. 402. REGULATIONS.

(a) In General- The Attorney General shall issue regulations governing the licensing of possessors of qualifying firearms and the recorded sale of qualifying firearms, consistent with this Act and the amendments made by this Act, as the Attorney General determines to be reasonably necessary to reduce or prevent deaths or injuries resulting from qualifying firearms, and to assist law enforcement in the apprehension of owners or users of qualifying firearms used in criminal activity.

(b) Maximum Interval Between Issuance of Proposed and Final Regulation- Not later than 120 days after the date on which the Attorney General issues a proposed regulation under subsection (a) with respect to a matter, the Attorney General shall issue a final regulation with respect to the matter.

SEC. 403. INSPECTIONS.

In order to ascertain compliance with this Act, the amendments made by this Act, and the regulations and orders issued under this Act, the Attorney General may, during regular business hours, enter any place in which firearms or firearm products are manufactured, stored, or held, for distribution in commerce, and inspect those areas where the products are so manufactured, stored, or held.

SEC. 404. ORDERS.

The Attorney General may issue an order prohibiting the sale or transfer of any firearm that the Attorney General finds has been transferred or distributed in violation of this Act, an amendment made by this Act, or a regulation issued under this Act.

SEC. 405. INJUNCTIVE ENFORCEMENT.

The Attorney General may bring an action to restrain any violation of this Act or an amendment made by this Act in the district court of the United States for any district in which the violation has occurred, or in which the defendant is found or transacts business.

TITLE V--FIREARM INJURY INFORMATION AND RESEARCH

SEC. 501. DUTIES OF THE ATTORNEY GENERAL.

(a) In General- The Attorney General shall--

(1) establish and maintain a firearm injury information clearinghouse to collect, investigate, analyze, and disseminate data and information relating to the causes and prevention of death and injury associated with firearms;

(2) conduct continuing studies and investigations of firearm-related deaths and injuries; and

(3) collect and maintain current production and sales figures for each licensed manufacturer.

(b) Availability of Information- Periodically, but not less frequently than annually, the Attorney General shall report to the Congress and make available to the public a report on the activities of the Attorney General under subsection (a).

TITLE VI--EFFECT ON STATE LAW

SEC. 601. EFFECT ON STATE LAW.

(a) In General- This Act and the amendments made by this Act may not be construed to preempt any provision of the law of any State or political subdivision of that State, or prevent a State or political subdivision of that State from enacting any provision of law regulating or prohibiting conduct with respect to firearms, except to the extent that the provision of law is inconsistent with any provision of this Act or an amendment made by this Act, and then only to the extent of the inconsistency.

(b) Rule of Interpretation- A provision of State law is not inconsistent with this Act or an amendment made by this Act if the provision imposes a regulation or prohibition of greater scope or a penalty of greater severity than a corresponding prohibition or penalty imposed by this Act or an amendment made by this Act.

SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING SYSTEMS AND STATE FIREARM RECORD OF SALE SYSTEMS.

Upon a written request of the chief executive officer of a State, the Attorney General may certify--

(1) a firearm licensing system established by a State, if State law requires the system to satisfy the requirements applicable to the Federal firearm licensing system established under title I; or

(2) a firearm record of sale system established by a State, if State law requires the head of the State agency that administers the system to submit to the Federal firearm record of sale system established under section 202(b) a copy of each report submitted to the head of the agency under section 202(a), within 7 days after receipt of the report.

TITLE VII--RELATIONSHIP TO OTHER LAW

SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.

In the event of any conflict between any provision of this Act or an amendment made by this Act, and any provision of the Arms Export Control Act (22 U.S.C. 2751), the provision of the Arms Export Control Act shall control.

TITLE VIII--INAPPLICABILITY

SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.

This Act and the amendments made by this Act shall not apply to any department or agency of the United States, of a State, or of a political subdivision of a State, or to any official conduct of any officer or employee of such a department or agency.

TITLE IX--EFFECTIVE DATE

SEC. 901. EFFECTIVE DATE OF AMENDMENTS.

The amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.

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CON'T in next post

John A. · Jan 12, 2013

Blair Holt's Firearm Licensing and Record of Sale Act of 2013 (Introduced in House - IH)

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SEC. 403. INSPECTIONS.

In order to ascertain compliance with this Act, the amendments made by this Act, and the regulations and orders issued under this Act, the Attorney General may, during regular business hours, enter any place in which firearms or firearm products are manufactured, stored, or held, for distribution in commerce, and inspect those areas where the products are so manufactured, stored, or held.

SEC. 404. ORDERS.

The Attorney General may issue an order prohibiting the sale or transfer of any firearm that the Attorney General finds has been transferred or distributed in violation of this Act, an amendment made by this Act, or a regulation issued under this Act.

SEC. 405. INJUNCTIVE ENFORCEMENT.

The Attorney General may bring an action to restrain any violation of this Act or an amendment made by this Act in the district court of the United States for any district in which the violation has occurred, or in which the defendant is found or transacts business.

TITLE V--FIREARM INJURY INFORMATION AND RESEARCH

SEC. 501. DUTIES OF THE ATTORNEY GENERAL.

(a) In General- The Attorney General shall--

(1) establish and maintain a firearm injury information clearinghouse to collect, investigate, analyze, and disseminate data and information relating to the causes and prevention of death and injury associated with firearms;

(2) conduct continuing studies and investigations of firearm-related deaths and injuries; and

(3) collect and maintain current production and sales figures for each licensed manufacturer.

(b) Availability of Information- Periodically, but not less frequently than annually, the Attorney General shall report to the Congress and make available to the public a report on the activities of the Attorney General under subsection (a).

TITLE VI--EFFECT ON STATE LAW

SEC. 601. EFFECT ON STATE LAW.

(a) In General- This Act and the amendments made by this Act may not be construed to preempt any provision of the law of any State or political subdivision of that State, or prevent a State or political subdivision of that State from enacting any provision of law regulating or prohibiting conduct with respect to firearms, except to the extent that the provision of law is inconsistent with any provision of this Act or an amendment made by this Act, and then only to the extent of the inconsistency.

(b) Rule of Interpretation- A provision of State law is not inconsistent with this Act or an amendment made by this Act if the provision imposes a regulation or prohibition of greater scope or a penalty of greater severity than a corresponding prohibition or penalty imposed by this Act or an amendment made by this Act.

SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING SYSTEMS AND STATE FIREARM RECORD OF SALE SYSTEMS.

Upon a written request of the chief executive officer of a State, the Attorney General may certify--

(1) a firearm licensing system established by a State, if State law requires the system to satisfy the requirements applicable to the Federal firearm licensing system established under title I; or

(2) a firearm record of sale system established by a State, if State law requires the head of the State agency that administers the system to submit to the Federal firearm record of sale system established under section 202(b) a copy of each report submitted to the head of the agency under section 202(a), within 7 days after receipt of the report.

TITLE VII--RELATIONSHIP TO OTHER LAW

SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.

In the event of any conflict between any provision of this Act or an amendment made by this Act, and any provision of the Arms Export Control Act (22 U.S.C. 2751), the provision of the Arms Export Control Act shall control.

TITLE VIII--INAPPLICABILITY

SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.

This Act and the amendments made by this Act shall not apply to any department or agency of the United States, of a State, or of a political subdivision of a State, or to any official conduct of any officer or employee of such a department or agency.

TITLE IX--EFFECTIVE DATE

SEC. 901. EFFECTIVE DATE OF AMENDMENTS.

The amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.

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SEC. 501. DUTIES OF THE ATTORNEY GENERAL.

(a) In General- The Attorney General shall--

(1) establish and maintain a firearm injury information clearinghouse to collect, investigate, analyze, and disseminate data and information relating to the causes and prevention of death and injury associated with firearms;

(2) conduct continuing studies and investigations of firearm-related deaths and injuries; and

(3) collect and maintain current production and sales figures for each licensed manufacturer.

(b) Availability of Information- Periodically, but not less frequently than annually, the Attorney General shall report to the Congress and make available to the public a report on the activities of the Attorney General under subsection (a).

TITLE VI--EFFECT ON STATE LAW

SEC. 601. EFFECT ON STATE LAW.

(a) In General- This Act and the amendments made by this Act may not be construed to preempt any provision of the law of any State or political subdivision of that State, or prevent a State or political subdivision of that State from enacting any provision of law regulating or prohibiting conduct with respect to firearms, except to the extent that the provision of law is inconsistent with any provision of this Act or an amendment made by this Act, and then only to the extent of the inconsistency.

(b) Rule of Interpretation- A provision of State law is not inconsistent with this Act or an amendment made by this Act if the provision imposes a regulation or prohibition of greater scope or a penalty of greater severity than a corresponding prohibition or penalty imposed by this Act or an amendment made by this Act.

SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING SYSTEMS AND STATE FIREARM RECORD OF SALE SYSTEMS.

Upon a written request of the chief executive officer of a State, the Attorney General may certify--

(1) a firearm licensing system established by a State, if State law requires the system to satisfy the requirements applicable to the Federal firearm licensing system established under title I; or

(2) a firearm record of sale system established by a State, if State law requires the head of the State agency that administers the system to submit to the Federal firearm record of sale system established under section 202(b) a copy of each report submitted to the head of the agency under section 202(a), within 7 days after receipt of the report.

TITLE VII--RELATIONSHIP TO OTHER LAW

SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.

In the event of any conflict between any provision of this Act or an amendment made by this Act, and any provision of the Arms Export Control Act (22 U.S.C. 2751), the provision of the Arms Export Control Act shall control.

TITLE VIII--INAPPLICABILITY

SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.

This Act and the amendments made by this Act shall not apply to any department or agency of the United States, of a State, or of a political subdivision of a State, or to any official conduct of any officer or employee of such a department or agency.

TITLE IX--EFFECTIVE DATE

SEC. 901. EFFECTIVE DATE OF AMENDMENTS.

The amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.

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SEC. 601. EFFECT ON STATE LAW.

(a) In General- This Act and the amendments made by this Act may not be construed to preempt any provision of the law of any State or political subdivision of that State, or prevent a State or political subdivision of that State from enacting any provision of law regulating or prohibiting conduct with respect to firearms, except to the extent that the provision of law is inconsistent with any provision of this Act or an amendment made by this Act, and then only to the extent of the inconsistency.

(b) Rule of Interpretation- A provision of State law is not inconsistent with this Act or an amendment made by this Act if the provision imposes a regulation or prohibition of greater scope or a penalty of greater severity than a corresponding prohibition or penalty imposed by this Act or an amendment made by this Act.

SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING SYSTEMS AND STATE FIREARM RECORD OF SALE SYSTEMS.

Upon a written request of the chief executive officer of a State, the Attorney General may certify--

(1) a firearm licensing system established by a State, if State law requires the system to satisfy the requirements applicable to the Federal firearm licensing system established under title I; or

(2) a firearm record of sale system established by a State, if State law requires the head of the State agency that administers the system to submit to the Federal firearm record of sale system established under section 202(b) a copy of each report submitted to the head of the agency under section 202(a), within 7 days after receipt of the report.

TITLE VII--RELATIONSHIP TO OTHER LAW

SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.

In the event of any conflict between any provision of this Act or an amendment made by this Act, and any provision of the Arms Export Control Act (22 U.S.C. 2751), the provision of the Arms Export Control Act shall control.

TITLE VIII--INAPPLICABILITY

SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.

This Act and the amendments made by this Act shall not apply to any department or agency of the United States, of a State, or of a political subdivision of a State, or to any official conduct of any officer or employee of such a department or agency.

TITLE IX--EFFECTIVE DATE

SEC. 901. EFFECTIVE DATE OF AMENDMENTS.

The amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.

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SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.

In the event of any conflict between any provision of this Act or an amendment made by this Act, and any provision of the Arms Export Control Act (22 U.S.C. 2751), the provision of the Arms Export Control Act shall control.

TITLE VIII--INAPPLICABILITY

SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.

This Act and the amendments made by this Act shall not apply to any department or agency of the United States, of a State, or of a political subdivision of a State, or to any official conduct of any officer or employee of such a department or agency.

TITLE IX--EFFECTIVE DATE

SEC. 901. EFFECTIVE DATE OF AMENDMENTS.

The amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.

SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.

This Act and the amendments made by this Act shall not apply to any department or agency of the United States, of a State, or of a political subdivision of a State, or to any official conduct of any officer or employee of such a department or agency.

TITLE IX--EFFECTIVE DATE

SEC. 901. EFFECTIVE DATE OF AMENDMENTS.

The amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.

John A. · Jan 12, 2013

H.R.141 -- Gun Show Loophole Closing Act of 2013 (Introduced in House - IH)

HR 141 IH

113th CONGRESS

1st Session

H. R. 141
To require criminal background checks on all firearms transactions occurring at gun shows.

IN THE HOUSE OF REPRESENTATIVES

January 3, 2013
Mrs. MCCARTHY of New York introduced the following bill; which was referred to the Committee on the Judiciary

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A BILL
To require criminal background checks on all firearms transactions occurring at gun shows.

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 `Gun Show Loophole Closing Act of 2013'.

SEC. 2. GUN SHOW BACKGROUND CHECK.

(a) Findings- The Congress finds that--

(1) approximately 5,200 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and unlicensed firearms sellers; and

(2) gun shows at which firearms are exhibited or offered for sale or exchange provide a convenient and centralized commercial location where criminals and other prohibited persons obtain firearms without background checks and without records that enable firearm tracing.

(b) Definitions- Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

`(36) Gun Show- The term `gun show'--

`(A) means any event at which 50 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce;

`(B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923; and

`(C) does not include an offer or exhibit of firearms for sale, exchange, or transfer at events--

`(i) where not more than 100 firearms are offered or exhibited for sale, exchange or transfer;

`(ii) that are conducted by private, not-for-profit organizations whose primary purpose is owning and maintaining real property for the purpose of hunting activities; and

`(iii) that are attended only by permanent or annual dues-paying members of the organizations, and the members of the immediate families of the dues-paying members.

`(37) Gun Show Vendor- The term `gun show vendor' means a person who is not licensed under section 923 and who exhibits, sells, offers for sale, transfers, or exchanges a firearm at a gun show, regardless of whether or not the person arranges with the gun show operator for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange the firearm.'.

(c) Regulation of Firearms Transfers at Gun Shows-

(1) IN GENERAL- Chapter 44 of such title is amended by adding at the end the following:

`Sec. 932. Regulation of firearms transfers at gun shows

`(a) Registration of Gun Show Operators- It shall be unlawful for a person to operate a gun show, unless--

`(1) the person has attained 21 years of age;

`(2) the person (and, if the person is a corporation, partnership, or association, each individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited by subsection (g) or (n) of section 922 from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce;

`(3) the person has not willfully violated any provision of this chapter or regulation issued under this chapter;

`(4) the person has registered with the Attorney General as a gun show operator, in accordance with regulations promulgated by the Attorney General, and as part of the registration--

`(A) has provided the Attorney General with a photograph and the fingerprints of the person; and

`(B) has certified that the person meets the requirements of subparagraphs (A) through (D) of section 923(d)(1);

`(5) the person has not willfully failed to disclose any material information required, and has not made any false statement as to any material fact, in connection with the registration; and

`(6) the person has paid the Attorney General a fee for the registration, in an amount determined by the Attorney General.

`(b) Responsibilities of Gun Show Operators-

`(1) IN GENERAL- It shall be unlawful for a person to operate a gun show, unless the person--

`(A) not later than 30 days before the commencement of the gun show, notifies the Attorney General, in writing, of the date, time, duration, and location of the gun show, and the identity of each person who will be a gun show vendor at the gun show;

`(B) before commencement of the gun show--

`(i) verifies the identity of each individual who will be a gun show vendor at the gun show by examining a valid identification document (as defined in section 1028(d)(3)) of the individual containing a photograph of the individual; and

`(ii) requires each such individual to sign--

`(I) a ledger, and enter into the ledger identifying information concerning the individual; and

`(II) a notice which sets forth the obligations of a gun show vendor under this chapter; and

`(C) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe.

`(2) RECORDKEEPING- A person who operates, or has operated, a gun show shall maintain records demonstrating compliance with paragraph (1)(B), at such place, for such period of time, and in such form as the Attorney General shall require by regulation, or transmit the records to the Attorney General.

`(c) Background Check Required Before Transfer of Firearm Between Unlicensed Persons- It shall be unlawful for a person who is not licensed under this chapter to transfer possession of, or title to, a firearm at, or on the curtilage of, a gun show, to another person who is not so licensed, or for a person who is not so licensed to receive possession of, or title to, a firearm at, or on the curtilage of, a gun show from another person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer--

`(1) has entered into a separate bound record the make, model, and serial number of the firearm, and such other information about the transaction as the Attorney General may require by regulation; and

`(2) has notified the prospective transferor and prospective transferee of the firearm that the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act has provided the licensee with a unique identification number, indicating that receipt of the firearm by the prospective transferee would not violate section 922 of this title or State law.

`(d) Recordkeeping Requirements-

`(1) IN GENERAL- A licensee who provides a notice pursuant to subsection (c)(2) with respect to the transfer of a firearm shall--

`(A) not later than 10 days after the date of the transfer, submit to the Attorney General a report of the transfer, which report shall specify the make, model, and serial number of the firearm, and contain such other information and be on such form, as the Attorney General shall require by regulation, except that the report shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter; and

`(B) retain a record of the transfer, including the same information as would be required if the transfer were from the inventory of the licensee, as part of the permanent business records of the licensee.

`(2) LIMITATION- The Attorney General may not impose any recordkeeping requirement on any gun show vendor by reason of this section.'.

(2) PENALTIES- Section 924(a) of such title is amended by adding at the end the following:

`(8)(A) Whoever knowingly violates subsection (a) or (d) of section 932 shall be fined under this title, imprisoned not more than 5 years, or both.

`(B) Whoever knowingly violates subsection (b) or (c) of section 932, shall be--

`(i) fined under this title, imprisoned not more than 2 years, or both; and

`(ii) in the case of a second or subsequent conviction, fined under this title, imprisoned not more than 5 years, or both.

`(C) In addition to any other penalties imposed under this paragraph, the Attorney General may, with respect to any person who knowingly violates any provision of section 932--

`(i) if the person is registered pursuant to section 932(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 932(a); and

`(ii) impose a civil fine in an amount equal to not more than $10,000.'.

(3) CLERICAL AMENDMENT- The table of contents for such chapter is amended by adding at the end the following:

`Sec. 932. Regulation of firearms transfers at gun shows.'.

(d) Inspection Authority- Section 923(g)(1) of such title is amended by adding at the end the following:

`(E) Notwithstanding subparagraph (B) of this paragraph, the Attorney General may enter during business hours any place where a gun show operator operates a gun show or is required to maintain records pursuant to section 932(b)(2), for purposes of examining the records required by sections 923 and 932 and the inventory of licensees conducting business at the gun show. The entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show operators and licensees conducting business at the gun show, and shall not require a showing of reasonable cause or a warrant.'.

(e) Reports of Multiple Sales Assisted by Licensees at Gun Shows- Section 923(g)(3)(A) of such title is amended by inserting `or provides pursuant to section 932(c)(2) notice with respect to,' after `sells or otherwise disposes of,'.

(f) Increased Penalties for Serious Recordkeeping Violations by Licensees- Section 924(a)(3) of such title is amended to read as follows:

`(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m), shall be fined under this title, imprisoned not more than 1 year, or both.

`(B) If the violation described in subparagraph (A) is in relation to an offense--

`(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or

`(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.'.

(g) Increased Penalties for Violations of Criminal Background Check Requirements-

(1) PENALTIES- Section 924(a)(5) of such title is amended--

(A) by striking `subsection (s) or (t) of section 922' and inserting `section 922(t)'; and

(B) by striking `1' and inserting `5'.

(2) ELIMINATION OF CERTAIN ELEMENTS OF OFFENSE- Section 922(t)(5) of such title is amended by striking `and, at the time' and all that follows through `State law'.

(h) Authority To Hire Personnel To Inspect Gun Shows- The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may hire at least 40 additional Industry Operations Investigators for the purpose of carrying out inspections of gun shows (as defined in section 921(a)(36) of title 18, United States Code).

(i) Report to the Congress- The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall submit biennial reports to the Congress on how firearms (as defined in section 921(a)(3) of title 18, United States Code) are sold at gun shows (as defined in paragraph (36) of such section), how this section is being carried out, whether firearms are being sold without background checks conducted by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, what resources are needed to carry out this section, and any recommendations for improvements to ensure that firearms are not sold without the background checks.

(j) Effective Date- This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.

John A. · Jan 12, 2013

H.R.142 -- Stop Online Ammunition Sales Act of 2013 (Introduced in House - IH)

HR 142 IH

113th CONGRESS

1st Session

H. R. 142
To require face to face purchases of ammunition, to require licensing of ammunition dealers, and to require reporting regarding bulk purchases of ammunition.

IN THE HOUSE OF REPRESENTATIVES

January 3, 2013
Mrs. MCCARTHY of New York introduced the following bill; which was referred to the Committee on the Judiciary

--------------------------------------------------------------------------------

A BILL
To require face to face purchases of ammunition, to require licensing of ammunition dealers, and to require reporting regarding bulk purchases of ammunition.

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 `Stop Online Ammunition Sales Act of 2013'.

SEC. 2. LIMITATIONS ON PURCHASES OF AMMUNITION.

(a) Licensing of Ammunition Dealers-

(1) IN GENERAL- Section 923(a) of title 18, United States Code, is amended in the matter preceding paragraph (1), in the first sentence, by striking `, or importing or manufacturing' and inserting `or'.

(2) CONFORMING AMENDMENT- Section 921(a)(11)(A) of title 18, United States Code, is amended by inserting `or ammunition' after `firearms'.

(b) Requirement for Face to Face Sales of and Licensing To Sell Ammunition- Section 922 of such title is amended--

(1) in subsection (a)(1)--

(A) by striking `for any person--' and all that follows through `(A) except' and inserting `(A) for any person except'; and

(B) by striking subparagraph (B) and inserting the following:

`(B) for--

`(i) any person except a licensed importer, licensed manufacturer, or licensed dealer, to--

`(I) sell ammunition, except that this subclause shall not apply to a sale of ammunition by a person to a licensed importer, licensed manufacturer, or licensed dealer; or

`(II) engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition; or

`(ii) a licensed importer, licensed manufacturer, or licensed dealer to transfer ammunition to a person unless the licensed importer, licensed manufacturer, or licensed dealer has verified the identity of the transferee by examining a valid identification document (as defined in section 1028(d) of this title) of the transferee containing a photograph of the transferee;'; and

(2) in subsection (b)(5), by striking `or armor-piercing'.

(c) Limit on Shipping and Transporting of Ammunition- Section 922(a)(2) of such title is amended--

(1) in the matter preceding subparagraph (A), by inserting `, or to ship or transport any ammunition,' after `any firearm'; and

(2) in subparagraph (B), by inserting `or ammunition' after `a firearm'.

(d) Recordkeeping Regarding Ammunition-

(1) IN GENERAL- Section 923(g) of such title is amended--

(A) in paragraph (1)(A)--

(i) in the first sentence, by inserting `or ammunition' after `other disposition of firearms'; and

(ii) in the third sentence, by striking `, or any licensed importer or manufacturer of ammunition,' and inserting `, or any licensed importer, manufacturer, or dealer of ammunition,'; and

(B) in paragraph (3), by adding at the end the following:

`(C) Each licensee shall prepare a report of multiple sales or other dispositions whenever the licensee sells or otherwise disposes of, at one time or during any 5 consecutive business days, more than 1,000 rounds of ammunition to an unlicensed person. The report shall be prepared on a form specified by the Attorney General and forwarded to the office specified thereon and to the department of State police or State law enforcement agency of the State or local law enforcement agency of the local jurisdiction in which the sale or other disposition took place, not later than the close of business on the day that the multiple sale or other disposition occurs.'.

(2) CONFORMING AMENDMENT- Section 4182(d) of the Internal Revenue Code of 1986 (relating to exemptions relating to firearms) is amended by inserting `and except as provided in paragraph (1)(A) and (3)(C) of section 923(g) of title 18, United States Code,' before `no person holding a Federal license'.

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Rossignol · Jan 12, 2013

Wow, its gonna take me a bit to get through all this...

John A. · Jan 12, 2013

That isn't even all of it.

Rossignol · Jan 12, 2013

I didn't think it would be, thanks John.

Water Monkey · Jan 12, 2013

That crackpot put that in after the Aurora movie shooting. Hoping it gets shot down again this year. NOBODY likes McCarthy here in LI NY who is a responsible firearm owner.

She got elected when her husband was murdered on a LI Rail Road train by a maniac. Horrible tragedy but could have been limited. 2 conductors on the train had a license to carry concealed but because the train was coming from NYC which forbids CCW they chose to follow the law and did not carry.

Word is she's also a drunk.

Itsricmo · Jan 12, 2013

Water Monkey said:

2 conductors on the train had a license to carry concealed
Click to expand...

Yep, but since NYC is a freaking communist country of its own they couldn't do anything about it. This is a perfect example of how things can go differently if we are allowed our guns...

texasfan85 · Jan 18, 2013

Ill say this i work at walmart in sporting goods and have been told by my boss we will sell guns and ammo until it is illegel for us to do so and we were sent a fax from head office saying that some of the media has been reporting we will no longer sell guns or ammo in the fax it says we will sell guns and ammo until it is illegal for us to do so and that we will sell ar's until they are banned and as for ammo we can not put in orders for it but they will be spliting the ammo that is in the warehouse and what is coming in everyday so as far as i can tell we will sell guns and ammo until it is agianst the law to do so.

p.s. had a bigger post on it and my computer froze up on me so didnt want to type the whole thing out again. If you have any questions to do with walmart on this subject just post them and if i cant answer them ill see if someone at work can cant garrentee anything but ill try my best

carbinemike · Jan 18, 2013

Thanks for that nice offer. We also have a Walmart thread over here:
http://www.mossbergowners.com/viewtopic.php?f=6&t=5094
and here:
http://www.mossbergowners.com/viewtopic.php?f=37&t=6381

Here’s a rundown of what some of those Democrats from rural areas and are up for reelection on 2 years have to say:
Sen. Mark Begich (D-Alaska) told the Fairbanks Daily News-Miner that he’s not eager to pass new gun control legislation.
“I think they’ve got a long haul here … There are some of us who just fundamentally believe in a Second Amendment right,” he said. “To be frank, I feel like it’s going to be hard for any of these pieces of legislation to pass at this point.”
Sen. Mark Pryor (D-Ark.) told a local television station that he opposed the proposals.
"While I appreciate the president's efforts to keep Americans safe, I believe the place to start is to enforce the laws on the books. That being said, I will continue to look for areas of common ground, including funding for law enforcement in schools, implementing tracking systems for the mentally ill and criminals, and addressing violence in the media. Most importantly, I will be talking with my constituents in Arkansas as I vote on these issues in the future," Pryor said.
Sen. Max Baucus (D-Mont.) indicated he was hesitant about supporting new legislation.
“Enforcing the laws we already have on the books is good first step, and it's clear more needs to be done to address access to mental health care,” he said in a Wednesday statement. “Before passing new laws, we need a thoughtful debate that respects responsible, law-abiding gun owners in Montana instead of a one-size-fits all directives from Washington."
Sen. Tim Johnson (D-S.D.) said on Tuesday, before the proposals came out, that he didn’t want to see a “one-size-fits-all” approach.
“We in South Dakota have far fewer problems with guns than they do in New York or New Jersey, and it makes common sense to not have one size fits all,” he said in a Tuesday news conference in South Dakota. "I believe in the Second Amendment, and I'm a hunter myself, but I think something should be done — but what, I don't know.”
Sen. Kay Hagan (D-N.C.) was cautious regarding whether or not she supported the proposals, though she said she would look at the proposals with “an open mind.”
“We need to ensure that there are laws in place to prevent a tragedy like Sandy Hook from ever happening again. First and foremost, that will require a serious commonsense debate in Congress that looks at access to guns, access to mental health care and violent video games,” she said in a statement to The Hill. “While respecting the rights of responsible gun owners, I am committed to working with my Republican and Democratic colleagues toward a comprehensive approach that ensures our communities are safe.
“As I have said, I will look at any proposal with an open mind, including the President’s proposals to make schools safer and grant law enforcement additional tools to prosecute gun crime,” she continued.
Sen. Mary Landrieu (D-La.) similarly didn’t take a concrete stance on Obama’s proposals, though she sounded slightly more open to new legislation.
“My record of support for the Second Amendment is strong. In Louisiana and many places across the country, hunting, target shooting and gun collecting are time-honored sports and popular hobbies,” she said in a statement to reporters after Obama rolled out his proposals.
“That said, last month's tragedy in Newtown, Conn., has become all too familiar. We must find a way to balance our Second Amendment rights with the challenges of mental illness, criminal behavior and the safety of our schools and communities. We must also enforce the rules already on the books. Even some of the most respected law enforcement leaders in our country are calling for commonsense reforms because of this terrible violence in our communities.”
“This isn’t a Republican or a Democratic issue,” she continued. “It’s an American issue. And the American people expect us to come together and act. The safety of our children, our communities and our nation depend on it. I look forward to reviewing the proposals put forth by the administration and will give them my serious consideration as they are brought for debate in the Senate.”
Sen. Al Franken (D-Minn.), who hails from a left-leaning but heavily rural state, said during a meeting in Minnesota that he supported some of the measures but didn’t immediately weigh in on Obama’s calls for an assault weapons ban. Franken staffers later pointed out that he’s long supported renewing the assault weapons ban.
“I think most people agree that you don't need 30 rounds to bring down a deer," Franken said about Obama’s proposal to limit the size of ammunition magazines.

cms1528 · Jan 18, 2013

Libtards have no roblem using guns to protect their money but they have a problem with using guns to protect our children. What a sad nation we have become.

MikeD · Jan 18, 2013

cms1528 said:

Libtards have no roblem using guns to protect their money but they have a problem with using guns to protect our children. What a sad nation we have become.
Click to expand...

If you look at the amount of armed secutity liberal (and other) politicians, athletes, celebs, etc have to protect their own families, their problem isn't the gun, it's who has them and what they can have. They don't want to give theirs up, they just weant those of us with opposing ideas to give up ours.

carbinemike · Jan 23, 2013

According to Feinstein’s bill summary, the legislation requires owners of semi-automatic rifles – deemed as assault weapons – to register their gun with the Federal Government under the National Firearms Act.

The National Firearms Act, first enacted in 1934, was passed to choke the sale and transfer of automatic weapons.

It looks like Feinstein will unveil the monster she wants to create tomorrow. We have had glimpses and it is hideous. I have no doubt much if not all will fail. Below is one I hadn't heard about...imposing federal $200 registration fees for "assault weapons".

Under the current NFA, owners of automatic weapons are allowed to keep their weapons but requires an owner to submit photographs and fingerprints to the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE).

A $200 tax on an NFA firearm is imposed each time a NFA weapon is registered or transferred to a different address. Presumably, each weapon registered as an NFA firearm would be subject to the same restrictions.

But Feinstein’s bill goes even further, which would ban the transfer of “assault weapons.” According to the NRA-ILA, that means current owners of the banned weapons would only allow them keep them until they die. Instead of the gun passing down to an heir, the NRA-ILA warns, it would be forfeited to the government.

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