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116th Congress }                                          { REPORT
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 116-12

======================================================================
 
                 ENHANCED BACKGROUND CHECKS ACT OF 2019

                                _______
                                

 February 22, 2019.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1112]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1112) to amend chapter 44 of title 18, United States 
Code, to strengthen the background check procedures to be 
followed before a Federal firearms licensee may transfer a 
firearm to a person who is not such a licensee, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     3
Hearings.........................................................     3
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     5
New Budget Authority and Tax Expenditures and Congressional 
  Budget Office Cost Estimate....................................     5
Duplication of Federal Programs..................................     5
Performance Goals and Objectives.................................     6
Advisory on Earmarks.............................................     6
Section-by-Section Analysis......................................     6
Changes in Existing Law Made by the Bill, as Reported............     6
Dissenting Views.................................................    25

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Enhanced Background Checks Act of 
2019''.

SEC. 2. STRENGTHENING OF BACKGROUND CHECK PROCEDURES TO BE FOLLOWED 
                    BEFORE A FEDERAL FIREARMS LICENSEE MAY TRANSFER A 
                    FIREARM TO A PERSON WHO IS NOT SUCH A LICENSEE.

  Section 922(t)(1)(B)(ii) of title 18, United States Code is amended--
          (1) in paragraph (1)(B), by striking clause (ii) and 
        inserting the following:
          ``(ii) in the event the system has not notified the licensee 
        that the receipt of a firearm by such other person would 
        violate subsection (g) or (n) of this section--
                  ``(I) not fewer than 10 business days (meaning a day 
                on which State offices are open) has elapsed since the 
                licensee contacted the system, and the system has not 
                notified the licensee that the receipt of a firearm by 
                such other person would violate subsection (g) or (n) 
                of this section, and the other person has submitted, 
                electronically through a website established by the 
                Attorney General or by first-class mail, a petition for 
                review which--
                          ``(aa) certifies that such other person has 
                        no reason to believe that such other person is 
                        prohibited by Federal, State, or local law from 
                        purchasing or possessing a firearm; and
                          ``(bb) requests that the system respond to 
                        the contact referred to in subparagraph (A) 
                        within 10 business days after the date the 
                        petition was submitted (or, if the petition is 
                        submitted by first-class mail, the date the 
                        letter containing the petition is postmarked); 
                        and
                  ``(II) 10 business days have elapsed since the other 
                person so submitted the petition, and the system has 
                not notified the licensee that the receipt of a firearm 
                by such other person would violate subsection (g) or 
                (n) of this section; and''; and
          (2) by adding at the end the following:
          ``(7) The Attorney General shall--
                  ``(A) prescribe the form on which a petition shall be 
                submitted pursuant to paragraph (1)(B)(ii);
                  ``(B) make the form available electronically, and 
                provide a copy of the form to all licensees referred to 
                in paragraph (1);
                  ``(C) provide the petitioner and the licensee 
                involved written notice of receipt of the petition, 
                either electronically or by first-class mail; and
                  ``(D) respond on an expedited basis to any such 
                petition received by the Attorney General.''.

SEC. 3. NEW TERMINOLOGY FOR THOSE WITH MENTAL ILLNESS.

  Section 922 of title 18, United States Code, is amended in each of 
subsections (d)(4) and (g)(4) by striking ``adjudicated as a mental 
defective'' and inserting ``adjudicated with mental illness, severe 
developmental disability, or severe emotional instability''.

                          Purpose and Summary

    H.R 1112, the ``Enhanced Background Checks Act of 2019,'' 
would strengthen the background check procedures federal 
firearms licensees and dealers must follow before selling or 
transferring a firearm. Under current law, firearms dealers are 
required to run a background check on prospective buyers using 
the National Instant Criminal Background Check System (often 
called ``the NICS''). More than 90% of checks are completed 
within 90 seconds. The bill provides that if the NICS system 
has not returned an answer to the licensed firearms dealer 
within ten days, the prospective firearms purchaser may file a 
petition with the Attorney General for review. After another 
ten-day period has expired, the licensed firearms dealer may 
sell or transfer the firearm to the prospective purchaser if it 
has not received a response through the NICS system and the 
dealer has no reason to believe that the purchaser is 
prohibited from obtaining a firearm under federal, state, or 
local law.

                Background and Need for the Legislation

    In most cases, a licensed gun dealer receives notification 
from NICS that a prospective buyer has passed or failed a 
background check within a few minutes. In less than ten percent 
of cases, NICS examiners may require additional time to 
complete the background check if the information the transferee 
provided is incomplete, inaccurate, or otherwise defective. 
Under current law, a licensed gun dealer conducting a 
background check on a prospective purchaser may sell the 
firearm to the purchaser after three business days, even if 
NICS has not indicated that the person has passed the check.\1\ 
This policy has allowed individuals who were prohibited from 
obtaining firearms being allowed to consummate the purchase.
---------------------------------------------------------------------------
    \1\18 U.S.C. Sec. 922(t)(1)(B)(ii) (2019).
---------------------------------------------------------------------------
    A particularly tragic example of the consequences of this 
loophole was the racist hate crime murder of nine people at the 
Emanuel African Methodist Episcopal Church in Charleston, South 
Carolina that occurred in 2015. In that tragedy, the shooter 
was not legally allowed to possess a firearm due to drug 
charges, but still was able to acquire his gun from a licensed 
dealer who made the decision to transfer after the current 
three-business-day period expired, despite not having received 
a definitive response from the background check system.\2\
---------------------------------------------------------------------------
    \2\Carrie Johnson, FBI Says Background Check Error Let Charleston 
Shooting Suspect Buy Gun, Nat'l Pub. Radio, July 10, 2015, https://
www.npr.org/sections/thetwo-way/2015/07/10/421789047/fbi-says-
background-check-error-let-charleston-shooting-suspect-buy-gun.
---------------------------------------------------------------------------
    Unfortunately, the sale to the shooter after three days, 
called a ``default proceed'' sale, was not an isolated 
incident. Since 1994, gun sellers proceeded with between 3,000 
and 4,000 such sales per year.\3\ Analyzing data provided by 
the Department of Justice, one study found that ``default 
proceed'' sales are eight times more likely to involve a 
prohibited purchaser than other background checks.\4\ In 2017 
alone, ``default proceed'' sales accounted for 4,864 transfers 
to purchasers who were prohibited from owning firearms.\5\ [Is 
this still relevant\timely? The FBI reported that during 2007 
and 2008, in cases a licensed seller sold a firearm through 
``default proceed'' transfers, approximately 22% of the 
individuals investigated were legally prohibited from 
purchasing or possessing a firearm.\6\
---------------------------------------------------------------------------
    \3\Hearing on Preventing Gun Violence: A Call to Action Before H. 
Comm. On the Judiciary, 116th Cong. (2019), https://
judiciary.house.gov/legislation/hearings/preventing-gun-violence-call-
action (statement of Robyn Thomas, Executive Dir., Giffords Law 
Center).
    \4\Mayors Against Illegal Guns, A Blueprint for Federal Action on 
Illegal Guns: Regulation, Enforcement, and Best Practices to Combat 
Illegal Gun Trafficking, sec. I. (2009), at http://www.joycefdn.org/
assets/images/blueprint_federal_action.pdf (citing letter from Thomas 
E. Bush, III, Assistant Dir., CJIS Div., FBI, to Michael R. Bloomberg, 
Mayor of New York City (Oct. 21, 2008), http://everytown.org/documents/
2016/10/2008_10_21-fbi-letter.pdf [herein, Bloomberg Letter].
    \5\Background Check Procedures, Giffords Law Ctr. to Prevent Gun 
Violence, https://lawcenter.giffords.org/gun-laws/policy-areas/
background-checks/background-check-procedures/(last visited Feb. 10, 
2019).
    \6\Bloomberg Letter at 24.
---------------------------------------------------------------------------

                                Hearings

    The Committee's hearing on ``Preventing Gun Violence: A 
Call to Action,'' held on February 6, 2019, was used to develop 
H.R. 1112. The hearing considered a wide variety of topics 
related to gun violence prevention, including the need to 
address background check deficiencies and loopholes. The 
Committee heard testimony from: Aalayah Eastmond, a student at 
Marjory Stoneman Douglas High School; Savannah Lindquist, a 
student at Old Dominion University; Diane Latiker, President 
and Founder of Kids Off the Block; Dr. Joseph V. Sakran of John 
Hopkins Hospital; Major Sabrina Tapp-Harper of the Baltimore 
City Sherriff's Office; Chief Art Acevedo of the Houston Police 
Department; Dr. Joyce Lee Malcolm, professor at the Antonin 
Scalia Law School; and Robyn Thomas, Executive Director of the 
Giffords Law Center. During the hearing, the witnesses 
testified to the devastating impact gun violence has on 
communities, discussed a wide range of policy proposals, and 
offered suggestions on how current firearms restrictions may be 
modified. The hearing informed the development of H.R. 1112.

                        Committee Consideration

    On Wednesday, February 13, 2019, the Committee met in open 
session and ordered the bill, H.R. 1112, favorably reported 
with an amendment, by a roll call vote of 21 to 14, a quorum 
being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following roll call votes occurred during the Committee's 
consideration of H.R. 1112.
    1. Motion to report H.R. 1112, as amended, favorably was 
agreed to by a rollcall vote of 21 to 14.

                             ROLLCALL NO. 1
------------------------------------------------------------------------
                                                  Ayes     Nos   Present
------------------------------------------------------------------------
Jerrold Nadler (NY-10).........................      X   ......  .......
Zoe Lofgren (CA-19)............................      X   ......  .......
Sheila Jackson Lee (TX-18).....................      X   ......  .......
Steve Cohen (TN-09)............................      X   ......  .......
Hank Johnson (GA-04)...........................      X   ......  .......
Ted Deutch (FL-02).............................      X   ......  .......
Karen Bass (CA-37).............................      X   ......  .......
Cedric Richmond (LA-02)........................  ......  ......  .......
Hakeem Jeffries (NY-08)........................      X   ......  .......
David Cicilline (RI-01)........................      X   ......  .......
Eric Swalwell (CA-15)..........................  ......  ......  .......
Ted Lieu (CA-33)...............................      X   ......  .......
Jamie Raskin (MD-08)...........................      X   ......  .......
Pramila Jayapal (WA-07)........................  ......  ......  .......
Val Demings (FL-10)............................      X   ......  .......
Lou Correa (CA-46).............................      X   ......  .......
Mary Gay Scanion (PA-05).......................      X   ......  .......
Sylvia Garcia (TX-29)..........................      X   ......  .......
Joseph Neguse (CO-02)..........................      X   ......  .......
Lucy McBath (GA-06)............................      X   ......  .......
Greg Stanton (AZ-09)...........................      X   ......  .......
Madeleine Dean (PA-04).........................      X   ......  .......
Debbie Mucarsel-Powell (FL-26).................      X   ......  .......
Veronica Escobar (TX-16).......................      X   ......  .......
 
Doug Collins (GA-27)...........................  ......      X   .......
James F. Sensenbrenner (WI-05).................  ......  ......  .......
Steve Chabot (OH-01)...........................  ......      X   .......
Louie Gohmert (TX-01)..........................  ......      X   .......
Jim Jordan (OH-04).............................  ......      X   .......
Ken Buck (CO-04)...............................  ......      X   .......
John Ratcliffe (TX-04).........................  ......  ......  .......
Martha Roby (AL-02)............................  ......      X   .......
Matt Gaetz (FL-01).............................  ......      X   .......
Mike Johnson (LA-04)...........................  ......      X   .......
Andy Biggs (AZ-05).............................  ......  ......  .......
Tom McClintock (CA-04).........................  ......      X   .......
Debbie Lesko (AZ-08)...........................  ......      X   .......
Guy Reschenthaler (PA-14)......................  ......      X   .......
Ben Cline (VA-06)..............................  ......      X   .......
Kelly Armstrong (ND-AL)........................  ......      X   .......
Greg Steube (FL-17)............................  ......      X   .......
                                                ------------------------
    Total......................................     21      14
------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

  New Budget Authority and Tax Expenditures and Congressional Budget 
                          Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee has 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures.

                    Duplication of Federal Programs

    No provision of H.R. 1112 establishes or reauthorizes a 
program of the Federal government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
1112 would extend the time period before a firearms dealer may 
proceed with a sale without a response from the NICS system, 
establish a petition process by which gun purchasers may ask 
the FBI to review their background check request, and requires 
to the Attorney General to establish procedures by which 
firearms purchasers may submit a petition.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 1112 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec 1. Short Title. Section 1 sets forth the short title of 
the bill as the ``Enhanced Background Checks Act of 2019.''
    Sec. 2. Strengthening of Background Check Procedures to be 
Followed before a Federal Firearms Licensee May Transfer a 
Firearm to a Person Who is Not Such a Licensee. Section 2 
amends section 922(t)(1)(B)(ii) of title 18 of the U.S. Code to 
provide that, if after ten days the NICS system has not 
notified a firearms dealer or licensee that the purchaser is 
prohibited from owning a firearm, the firearms purchaser may 
submit a petition by first-class mail or electronically 
challenging his or her failure to be approved. Then, ten days 
after the filing of such petition by mail or electronically, 
the firearms dealer or licensee may sell or transfer the 
firearm to the purchaser if they have not received notification 
that the sale is prohibited and the dealer or licensee has no 
reason to believe that sale is prohibited under federal, state 
or local law. Section 2 also directs the Attorney General to: 
(1) prescribe the form by which such petition may be filed; (2) 
make such form electronically available to licensees or 
dealers; (3) provide the petitioner and the licensee involved 
written notice of receipt of such petition, either 
electronically or by first-class mail; and (4) respond on any 
such petition received by the Attorney General under this 
provision.
    Sec. 3. New Terminology for Those with Mental Illness. 
Section 3 amends sections 922(d) and 922(g) of title 18 of the 
U.S. Code, by replacing ``adjudicated as a mental defective,'' 
with ``adjudicated with mental illness, severe developmental 
disability, or severe emotional instability.''

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, H.R. 1112, as reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no changes are proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 18, UNITED STATES CODE



           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 44--FIREARMS

           *       *       *       *       *       *       *


Sec. 922. Unlawful acts

  (a) It shall be unlawful--
          (1) for any person--
                  (A) except a licensed importer, licensed 
                manufacturer, or licensed dealer, to engage in 
                the business of importing, manufacturing, or 
                dealing in firearms, or in the course of such 
                business to ship, transport, or receive any 
                firearm in interstate or foreign commerce; or
                  (B) except a licensed importer or licensed 
                manufacturer, to engage in the business of 
                importing or manufacturing ammunition, or in 
                the course of such business, to ship, 
                transport, or receive any ammunition in 
                interstate or foreign commerce;
          (2) for any importer, manufacturer, dealer, or 
        collector licensed under the provisions of this chapter 
        to ship or transport in interstate or foreign commerce 
        any firearm to any person other than a licensed 
        importer, licensed manufacturer, licensed dealer, or 
        licensed collector, except that--
                  (A) this paragraph and subsection (b)(3) 
                shall not be held to preclude a licensed 
                importer, licensed manufacturer, licensed 
                dealer, or licensed collector from returning a 
                firearm or replacement firearm of the same kind 
                and type to a person from whom it was received; 
                and this paragraph shall not be held to 
                preclude an individual from mailing a firearm 
                owned in compliance with Federal, State, and 
                local law to a licensed importer, licensed 
                manufacturer, licensed dealer, or licensed 
                collector;
                  (B) this paragraph shall not be held to 
                preclude a licensed importer, licensed 
                manufacturer, or licensed dealer from 
                depositing a firearm for conveyance in the 
                mails to any officer, employee, agent, or 
                watchman who, pursuant to the provisions of 
                section 1715 of this title, is eligible to 
                receive through the mails pistols, revolvers, 
                and other firearms capable of being concealed 
                on the person, for use in connection with his 
                official duty; and
                  (C) nothing in this paragraph shall be 
                construed as applying in any manner in the 
                District of Columbia, the Commonwealth of 
                Puerto Rico, or any possession of the United 
                States differently than it would apply if the 
                District of Columbia, the Commonwealth of 
                Puerto Rico, or the possession were in fact a 
                State of the United States;
          (3) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector to transport into or receive in the State 
        where he resides (or if the person is a corporation or 
        other business entity, the State where it maintains a 
        place of business) any fire arm purchased or otherwise 
        obtained by such person outside that State, except that 
        this paragraph (A) shall not preclude any person who 
        lawfully acquires a firearm by bequest or intestate 
        succession in a State other than his State of residence 
        from transporting the firearm into or receiving it in 
        that State, if it is lawful for such person to purchase 
        or possess such firearm in that State, (B) shall not 
        apply to the transportation or receipt of a firearm 
        obtained in conformity with subsection (b)(3) of this 
        section, and (C) shall not apply to the transportation 
        of any firearm acquired in any State prior to the 
        effective date of this chapter;
          (4) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector, to transport in interstate or foreign 
        commerce any destructive device, machinegun (as defined 
        in section 5845 of the Internal Revenue Code of 1986), 
        short-barreled shotgun, or short-barreled rifle, except 
        as specifically authorized by the Attorney General 
        consistent with public safety and necessity;
          (5) for any person (other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector) to transfer, sell, trade, give, transport, 
        or deliver any firearm to any person (other than a 
        licensed importer, licensed manufacturer, licensed 
        dealer, or licensed collector) who the transferor knows 
        or has reasonable cause to believe does not reside in 
        (or if the person is a corporation or other business 
        entity, does not maintain a place of business in) the 
        State in which the transferor resides; except that this 
        paragraph shall not apply to (A) the transfer, 
        transportation, or delivery of a firearm made to carry 
        out a bequest of a firearm to, or an acquisition by 
        intestate succession of a firearm by, a person who is 
        permitted to acquire or possess a firearm under the 
        laws of the State of his residence, and (B) the loan or 
        rental of a firearm to any person for temporary use for 
        lawful sporting purposes;
          (6) for any person in connection with the acquisition 
        or attempted acquisition of any firearm or ammunition 
        from a licensed importer, licensed manufacturer, 
        licensed dealer, or licensed collector, knowingly to 
        make any false or fictitious oral or written statement 
        or to furnish or exhibit any false, fictitious, or 
        misrepresented identification, intended or likely to 
        deceive such importer, manufacturer, dealer, or 
        collector with respect to any fact material to the 
        lawfulness of the sale or other disposition of such 
        firearm or ammunition under the provisions of this 
        chapter;
          (7) for any person to manufacture or import armor 
        piercing ammunition, unless--
                  (A) the manufacture of such ammunition is for 
                the use of the United States, any department or 
                agency of the United States, any State, or any 
                department, agency, or political subdivision of 
                a State;
                  (B) the manufacture of such ammunition is for 
                the purpose of exportation; or
                  (C) the manufacture or importation of such 
                ammunition is for the purpose of testing or 
                experimentation and has been authorized by the 
                Attorney General;
          (8) for any manufacturer or importer to sell or 
        deliver armor piercing ammunition, unless such sale or 
        delivery--
                  (A) is for the use of the United States, any 
                department or agency of the United States, any 
                State, or any department, agency, or political 
                subdivision of a State;
                  (B) is for the purpose of exportation; or
                  (C) is for the purpose of testing or 
                experimentation and has been authorized by the 
                Attorney General;
          (9) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector, who does not reside in any State to receive 
        any firearms unless such receipt is for lawful sporting 
        purposes.
  (b) It shall be unlawful for any licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector to sell or 
deliver--
          (1) any firearm or ammunition to any individual who 
        the licensee knows or has reasonable cause to believe 
        is less than eighteen years of age, and, if the 
        firearm, or ammunition is other than a shotgun or 
        rifle, or ammunition for a shotgun or rifle, to any 
        individual who the licensee knows or has reasonable 
        cause to believe is less than twenty-one years of age;
          (2) any firearm to any person in any State where the 
        purchase or possession by such person of such firearm 
        would be in violation of any State law or any published 
        ordinance applicable at the place of sale, delivery or 
        other disposition, unless the licensee knows or has 
        reasonable cause to believe that the purchase or 
        possession would not be in violation of such State law 
        or such published ordinance;
          (3) any firearm to any person who the licensee knows 
        or has reasonable cause to believe does not reside in 
        (or if the person is a corporation or other business 
        entity, does not maintain a place of business in) the 
        State in which the licensee's place of business is 
        located, except that this paragraph (A) shall not apply 
        to the sale or delivery of any rifle or shotgun to a 
        resident of a State other than a State in which the 
        licensee's place of business is located if the 
        transferee meets in person with the transferor to 
        accomplish the transfer, and the sale, delivery, and 
        receipt fully comply with the legal conditions of sale 
        in both such States (and any licensed manufacturer, 
        importer or dealer shall be presumed, for purposes of 
        this subparagraph, in the absence of evidence to the 
        contrary, to have had actual knowledge of the State 
        laws and published ordinances of both States), and (B) 
        shall not apply to the loan or rental of a firearm to 
        any person for temporary use for lawful sporting 
        purposes;
          (4) to any person any destructive device, machinegun 
        (as defined in section 5845 of the Internal Revenue 
        Code of 1986), short-barreled shotgun, or short-
        barreled rifle, except as specifically authorized by 
        the Attorney General consistent with public safety and 
        necessity; and
          (5) any firearm or armor-piercing ammunition to any 
        person unless the licensee notes in his records, 
        required to be kept pursuant to section 923 of this 
        chapter, the name, age, and place of residence of such 
        person if the person is an individual, or the identity 
        and principal and local places of business of such 
        person if the person is a corporation or other business 
        entity.
Paragraphs (1), (2), (3), and (4) of this subsection shall not 
apply to transactions between licensed importers, licensed 
manufacturers, licensed dealers, and licensed collectors. 
Paragraph (4) of this subsection shall not apply to a sale or 
delivery to any research organization designated by the 
Attorney General.
  (c) In any case not otherwise prohibited by this chapter, a 
licensed importer, licensed manufacturer, or licensed dealer 
may sell a firearm to a person who does not appear in person at 
the licensee's business premises (other than another licensed 
importer, manufacturer, or dealer) only if--
          (1) the transferee submits to the transferor a sworn 
        statement in the following form:
                   ``Subject to penalties provided by law, I 
                swear that, in the case of any firearm other 
                than a shotgun or a rifle, I am twenty-one 
                years or more of age, or that, in the case of a 
                shotgun or a rifle, I am eighteen years or more 
                of age; that I am not prohibited by the 
                provisions of chapter 44 of title 18, United 
                States Code, from receiving a firearm in 
                interstate or foreign commerce; and that my 
                receipt of this firearm will not be in 
                violation of any statute of the State and 
                published ordinance applicable to the locality 
                in which I reside. Further, the true title, 
                name, and address of the principal law 
                enforcement officer of the locality to which 
                the firearm will be delivered are -- -- -- -- 
                -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 
                -- -- -- -- -- -- -- -- -- -- Signature -- -- 
                -- -- -- -- -- -- -- -- Date -- -- -- --.'' and 
                containing blank spaces for the attachment of a 
                true copy of any permit or other information 
                required pursuant to such statute or published 
                ordinance;
          (2) the transferor has, prior to the shipment or 
        delivery of the firearm, forwarded by registered or 
        certified mail (return receipt requested) a copy of the 
        sworn statement, together with a description of the 
        firearm, in a form prescribed by the Attorney General, 
        to the chief law enforcement officer of the 
        transferee's place of residence, and has received a 
        return receipt evidencing delivery of the statement or 
        has had the statement returned due to the refusal of 
        the named addressee to accept such letter in accordance 
        with United States Post Office Department regulations; 
        and
          (3) the transferor has delayed shipment or delivery 
        for a period of at least seven days following receipt 
        of the notification of the acceptance or refusal of 
        delivery of the statement.
A copy of the sworn statement and a copy of the notification to 
the local law enforcement officer, together with evidence of 
receipt or rejection of that notification shall be retained by 
the licensee as a part of the records required to be kept under 
section 923(g).
  (d) It shall be unlawful for any person to sell or otherwise 
dispose of any firearm or ammunition to any person knowing or 
having reasonable cause to believe that such person--
          (1) is under indictment for, or has been convicted in 
        any court of, a crime punishable by imprisonment for a 
        term exceeding one year;
          (2) is a fugitive from justice;
          (3) is an unlawful user of or addicted to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802));
          (4) has been [adjudicated as a mental defective] 
        adjudicated with mental illness, severe developmental 
        disability, or severe emotional instability or has been 
        committed to any mental institution;
          (5) who, being an alien--
                  (A) is illegally or unlawfully in the United 
                States; or
                  (B) except as provided in subsection (y)(2), 
                has been admitted to the United States under a 
                nonimmigrant visa (as that term is defined in 
                section 101(a)(26) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(26)));
          (6) who has been discharged from the Armed Forces 
        under dishonorable conditions;
          (7) who, having been a citizen of the United States, 
        has renounced his citizenship;
          (8) is subject to a court order that restrains such 
        person from harassing, stalking, or threatening an 
        intimate partner of such person or child of such 
        intimate partner or person, or engaging in other 
        conduct that would place an intimate partner in 
        reasonable fear of bodily injury to the partner or 
        child, except that this paragraph shall only apply to a 
        court order that--
                  (A) was issued after a hearing of which such 
                person received actual notice, and at which 
                such person had the opportunity to participate; 
                and
                  (B)(i) includes a finding that such person 
                represents a credible threat to the physical 
                safety of such intimate partner or child; or
                  (ii) by its terms explicitly prohibits the 
                use, attempted use, or threatened use of 
                physical force against such intimate partner or 
                child that would reasonably be expected to 
                cause bodily injury; or
          (9) has been convicted in any court of a misdemeanor 
        crime of domestic violence.
This subsection shall not apply with respect to the sale or 
disposition of a firearm or ammunition to a licensed importer, 
licensed manufacturer, licensed dealer, or licensed collector 
who pursuant to subsection (b) of section 925 of this chapter 
is not precluded from dealing in firearms or ammunition, or to 
a person who has been granted relief from disabilities pursuant 
to subsection (c) of section 925 of this chapter.
  (e) It shall be unlawful for any person knowingly to deliver 
or cause to be delivered to any common or contract carrier for 
transportation or shipment in interstate or foreign commerce, 
to persons other than licensed importers, licensed 
manufacturers, licensed dealers, or licensed collectors, any 
package or other container in which there is any firearm or 
ammunition without written notice to the carrier that such 
firearm or ammunition is being transported or shipped; except 
that any passenger who owns or legally possesses a firearm or 
ammunition being transported aboard any common or contract 
carrier for movement with the passenger in interstate or 
foreign commerce may deliver said firearm or ammunition into 
the custody of the pilot, captain, conductor or operator of 
such common or contract carrier for the duration of the trip 
without violating any of the provisions of this chapter. No 
common or contract carrier shall require or cause any label, 
tag, or other written notice to be placed on the outside of any 
package, luggage, or other container that such package, 
luggage, or other container contains a firearm.
  (f)(1) It shall be unlawful for any common or contract 
carrier to transport or deliver in interstate or foreign 
commerce any firearm or ammunition with knowledge or reasonable 
cause to believe that the shipment transportation, or receipt 
thereof would be in violation of the provisions of this 
chapter.
  (2) It shall be unlawful for any common or contract carrier 
to deliver in interstate or foreign commerce any firearm 
without obtaining written acknowledgement of receipt from the 
recipient of the package or other container in which there is a 
firearm.
  (g) It shall be unlawful for any person--
          (1) who has been convicted in any court of, a crime 
        punishable by imprisonment for a term exceeding one 
        year;
          (2) who is a fugitive from justice;
          (3) who is an unlawful user of or addicted to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802));
          (4) who has been [adjudicated as a mental defective] 
        adjudicated with mental illness, severe developmental 
        disability, or severe emotional instability or who has 
        been committed to a mental institution;
          (5) who, being an alien--
                  (A) is illegally or unlawfully in the United 
                States; or
                  (B) except as provided in subsection (y)(2), 
                has been admitted to the United States under a 
                nonimmigrant visa (as that term is defined in 
                section 101(a)(26) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(26)));
          (6) who has been discharged from the Armed Forces 
        under dishonorable conditions;
          (7) who, having been a citizen of the United States, 
        has renounced his citizenship;
          (8) who is subject to a court order that--
                  (A) was issued after a hearing of which such 
                person received actual notice, and at which 
                such person had an opportunity to participate;
                  (B) restrains such person from harassing, 
                stalking, or threatening an intimate partner of 
                such person or child of such intimate partner 
                or person, or engaging in other conduct that 
                would place an intimate partner in reasonable 
                fear of bodily injury to the partner or child; 
                and
                  (C)(i) includes a finding that such person 
                represents a credible threat to the physical 
                safety of such intimate partner or child; or
                  (ii) by its terms explicitly prohibits the 
                use, attempted use, or threatened use of 
                physical force against such intimate partner or 
                child that would reasonably be expected to 
                cause bodily injury; or
          (9) who has been convicted in any court of a 
        misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or 
possess in or affecting commerce, any firearm or ammunition; or 
to receive any firearm or ammunition which has been shipped or 
transported in interstate or foreign commerce.
  (h) It shall be unlawful for any individual, who to that 
individual's knowledge and while being employed for any person 
described in any paragraph of subsection (g) of this section, 
in the course of such employment--
          (1) to receive, possess, or transport any firearm or 
        ammunition in or affecting interstate or foreign 
        commerce; or
          (2) to receive any firearm or ammunition which has 
        been shipped or transported in interstate or foreign 
        commerce.
  (i) It shall be unlawful for any person to transport or ship 
in interstate or foreign commerce, any stolen firearms or 
stolen ammunition, knowing or having reasonable cause to 
believe that the firearm or ammunition was stolen.
  (j) It shall be unlawful for any person to receive, possess, 
conceal, store, barter, sell, or dispose of any stolen firearm 
or stolen ammunition, or pledge or accept as security for a 
loan any stolen firearm or stolen ammunition, which is moving 
as, which is a part of, which constitutes, or which has been 
shipped or transported in, interstate or foreign commerce, 
either before or after it was stolen, knowing or having 
reasonable cause to believe that the firearm or ammunition was 
stolen.
  (k) It shall be unlawful for any person knowingly to 
transport, ship, or receive, in interstate or foreign commerce, 
any firearm which has had the importer's or manufacturer's 
serial number removed, obliterated, or altered or to possess or 
receive any firearm which has had the importer's or 
manufacturer's serial number removed, obliterated, or altered 
and has, at any time, been shipped or transported in interstate 
or foreign commerce.
  (l) Except as provided in section 925(d) of this chapter, it 
shall be unlawful for any person knowingly to import or bring 
into the United States or any possession thereof any firearm or 
ammunition; and it shall be unlawful for any person knowingly 
to receive any firearm or ammunition which has been imported or 
brought into the United States or any possession thereof in 
violation of the provisions of this chapter.
  (m) It shall be unlawful for any licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector knowingly 
to make any false entry in, to fail to make appropriate entry 
in, or to fail to properly maintain, any record which he is 
required to keep pursuant to section 923 of this chapter or 
regulations promulgated thereunder.
  (n) It shall be unlawful for any person who is under 
indictment for a crime punishable by imprisonment for a term 
exceeding one year to ship or transport in interstate or 
foreign commerce any firearm or ammunition or receive any 
firearm or ammunition which has been shipped or transported in 
interstate or foreign commerce.
  (o)(1) Except as provided in paragraph (2), it shall be 
unlawful for any person to transfer or possess a machinegun.
  (2) This subsection does not apply with respect to--
          (A) a transfer to or by, or possession by or under 
        the authority of, the United States or any department 
        or agency thereof or a State, or a department, agency, 
        or political subdivision thereof; or
          (B) any lawful transfer or lawful possession of a 
        machinegun that was lawfully possessed before the date 
        this subsection takes effect.
  (p)(1) It shall be unlawful for any person to manufacture, 
import, sell, ship, deliver, possess, transfer, or receive any 
firearm--
          (A) that, after removal of grips, stocks, and 
        magazines, is not as detectable as the Security 
        Exemplar, by walk-through metal detectors calibrated 
        and operated to detect the Security Exemplar; or
          (B) any major component of which, when subjected to 
        inspection by the types of x-ray machines commonly used 
        at airports, does not generate an image that accurately 
        depicts the shape of the component. Barium sulfate or 
        other compounds may be used in the fabrication of the 
        component.
  (2) For purposes of this subsection--
          (A) the term ``firearm'' does not include the frame 
        or receiver of any such weapon;
          (B) the term ``major component'' means, with respect 
        to a firearm, the barrel, the slide or cylinder, or the 
        frame or receiver of the firearm; and
          (C) the term ``Security Exemplar'' means an object, 
        to be fabricated at the direction of the Attorney 
        General, that is--
                  (i) constructed of, during the 12-month 
                period beginning on the date of the enactment 
                of this subsection, 3.7 ounces of material type 
                17-4 PH stainless steel in a shape resembling a 
                handgun; and
                  (ii) suitable for testing and calibrating 
                metal detectors: Provided, however, That at the 
                close of such 12-month period, and
        at appropriate times thereafter the Attorney General 
        shall promulgate regulations to permit the manufacture, 
        importation, sale, shipment, delivery, possession, 
        transfer, or receipt of firearms previously prohibited 
        under this subparagraph that are as detectable as a 
        ``Security Exemplar'' which contains 3.7 ounces of 
        material type 17-4 PH stainless steel, in a shape 
        resembling a handgun, or such lesser amount as is 
        detectable in view of advances in state-of-the-art 
        developments in weapons detection technology.
  (3) Under such rules and regulations as the Attorney General 
shall prescribe, this subsection shall not apply to the 
manufacture, possession, transfer, receipt, shipment, or 
delivery of a firearm by a licensed manufacturer or any person 
acting pursuant to a contract with a licensed manufacturer, for 
the purpose of examining and testing such firearm to determine 
whether paragraph (1) applies to such firearm. The Attorney 
General shall ensure that rules and regulations adopted 
pursuant to this paragraph do not impair the manufacture of 
prototype firearms or the development of new technology.
  (4) The Attorney General shall permit the conditional 
importation of a firearm by a licensed importer or licensed 
manufacturer, for examination and testing to determine whether 
or not the unconditional importation of such firearm would 
violate this subsection.
  (5) This subsection shall not apply to any firearm which--
          (A) has been certified by the Secretary of Defense or 
        the Director of Central Intelligence, after 
        consultation with the Attorney General and the 
        Administrator of the Federal Aviation Administration, 
        as necessary for military or intelligence applications; 
        and
          (B) is manufactured for and sold exclusively to 
        military or intelligence agencies of the United States.
  (6) This subsection shall not apply with respect to any 
firearm manufactured in, imported into, or possessed in the 
United States before the date of the enactment of the 
Undetectable Firearms Act of 1988.
  (q)(1) The Congress finds and declares that--
          (A) crime, particularly crime involving drugs and 
        guns, is a pervasive, nationwide problem;
          (B) crime at the local level is exacerbated by the 
        interstate movement of drugs, guns, and criminal gangs;
          (C) firearms and ammunition move easily in interstate 
        commerce and have been found in increasing numbers in 
        and around schools, as documented in numerous hearings 
        in both the Committee on the Judiciary the House of 
        Representatives and the Committee on the Judiciary of 
        the Senate;
          (D) in fact, even before the sale of a firearm, the 
        gun, its component parts, ammunition, and the raw 
        materials from which they are made have considerably 
        moved in interstate commerce;
          (E) while criminals freely move from State to State, 
        ordinary citizens and foreign visitors may fear to 
        travel to or through certain parts of the country due 
        to concern about violent crime and gun violence, and 
        parents may decline to send their children to school 
        for the same reason;
          (F) the occurrence of violent crime in school zones 
        has resulted in a decline in the quality of education 
        in our country;
          (G) this decline in the quality of education has an 
        adverse impact on interstate commerce and the foreign 
        commerce of the United States;
          (H) States, localities, and school systems find it 
        almost impossible to handle gun-related crime by 
        themselves--even States, localities, and school systems 
        that have made strong efforts to prevent, detect, and 
        punish gun-related crime find their efforts unavailing 
        due in part to the failure or inability of other States 
        or localities to take strong measures; and
          (I) the Congress has the power, under the interstate 
        commerce clause and other provisions of the 
        Constitution, to enact measures to ensure the integrity 
        and safety of the Nation's schools by enactment of this 
        subsection.
  (2)(A) It shall be unlawful for any individual knowingly to 
possess a firearm that has moved in or that otherwise affects 
interstate or foreign commerce at a place that the individual 
knows, or has reasonable cause to believe, is a school zone.
  (B) Subparagraph (A) does not apply to the possession of a 
firearm--
          (i) on private property not part of school grounds;
          (ii) if the individual possessing the firearm is 
        licensed to do so by the State in which the school zone 
        is located or a political subdivision of the State, and 
        the law of the State or political subdivision requires 
        that, before an individual obtains such a license, the 
        law enforcement authorities of the State or political 
        subdivision verify that the individual is qualified 
        under law to receive the license;
          (iii) that is--
                  (I) not loaded; and
                  (II) in a locked container, or a locked 
                firearms rack that is on a motor vehicle;
          (iv) by an individual for use in a program approved 
        by a school in the school zone;
          (v) by an individual in accordance with a contract 
        entered into between a school in the school zone and 
        the individual or an employer of the individual;
          (vi) by a law enforcement officer acting in his or 
        her official capacity; or
          (vii) that is unloaded and is possessed by an 
        individual while traversing school premises for the 
        purpose of gaining access to public or private lands 
        open to hunting, if the entry on school premises is 
        authorized by school authorities.
  (3)(A) Except as provided in subparagraph (B), it shall be 
unlawful for any person, knowingly or with reckless disregard 
for the safety of another, to discharge or attempt to discharge 
a firearm that has moved in or that otherwise affects 
interstate or foreign commerce at a place that the person knows 
is a school zone.
  (B) Subparagraph (A) does not apply to the discharge of a 
firearm--
          (i) on private property not part of school grounds;
          (ii) as part of a program approved by a school in the 
        school zone, by an individual who is participating in 
        the program;
          (iii) by an individual in accordance with a contract 
        entered into between a school in a school zone and the 
        individual or an employer of the individual; or
          (iv) by a law enforcement officer acting in his or 
        her official capacity.
  (4) Nothing in this subsection shall be construed as 
preempting or preventing a State or local government from 
enacting a statute establishing gun free school zones as 
provided in this subsection.
  (r) It shall be unlawful for any person to assemble from 
imported parts any semiautomatic rifle or any shotgun which is 
identical to any rifle or shotgun prohibited from importation 
under section 925(d)(3) of this chapter as not being 
particularly suitable for or readily adaptable to sporting 
purposes except that this subsection shall not apply to--
          (1) the assembly of any such rifle or shotgun for 
        sale or distribution by a licensed manufacturer to the 
        United States or any department or agency thereof or to 
        any State or any department, agency, or political 
        subdivision thereof; or
          (2) the assembly of any such rifle or shotgun for the 
        purposes of testing or experimentation authorized by 
        the Attorney General.
  (s)(1) Beginning on the date that is 90 days after the date 
of enactment of this subsection and ending on the day before 
the date that is 60 months after such date of enactment, it 
shall be unlawful for any licensed importer, licensed 
manufacturer, or licensed dealer to sell, deliver, or transfer 
a handgun (other than the return of a handgun to the person 
from whom it was received) to an individual who is not licensed 
under section 923, unless--
          (A) after the most recent proposal of such transfer 
        by the transferee--
                  (i) the transferor has--
                          (I) received from the transferee a 
                        statement of the transferee containing 
                        the information described in paragraph 
                        (3);
                          (II) verified the identity of the 
                        transferee by examining the 
                        identification document presented;
                          (III) within 1 day after the 
                        transferee furnishes the statement, 
                        provided notice of the contents of the 
                        statement to the chief law enforcement 
                        officer of the place of residence of 
                        the transferee; and
                          (IV) within 1 day after the 
                        transferee furnishes the statement, 
                        transmitted a copy of the statement to 
                        the chief law enforcement officer of 
                        the place of residence of the 
                        transferee; and
                  (ii)(I) 5 business days (meaning days on 
                which State offices are open) have elapsed from 
                the date the transferor furnished notice of the 
                contents of the statement to the chief law 
                enforcement officer, during which period the 
                transferor has not received information from 
                the chief law enforcement officer that receipt 
                or possession of the handgun by the transferee 
                would be in violation of Federal, State, or 
                local law; or
                  (II) the transferor has received notice from 
                the chief law enforcement officer that the 
                officer has no information indicating that 
                receipt or possession of the handgun by the 
                transferee would violate Federal, State, or 
                local law;
          (B) the transferee has presented to the transferor a 
        written statement, issued by the chief law enforcement 
        officer of the place of residence of the transferee 
        during the 10-day period ending on the date of the most 
        recent proposal of such transfer by the transferee, 
        stating that the transferee requires access to a 
        handgun because of a threat to the life of the 
        transferee or of any member of the household of the 
        transferee;
          (C)(i) the transferee has presented to the transferor 
        a permit that--
                  (I) allows the transferee to possess or 
                acquire a handgun; and
                  (II) was issued not more than 5 years earlier 
                by the State in which the transfer is to take 
                place; and
          (ii) the law of the State provides that such a permit 
        is to be issued only after an authorized government 
        official has verified that the information available to 
        such official does not indicate that possession of a 
        handgun by the transferee would be in violation of the 
        law;
          (D) the law of the State requires that, before any 
        licensed importer, licensed manufacturer, or licensed 
        dealer completes the transfer of a handgun to an 
        individual who is not licensed under section 923, an 
        authorized government official verify that the 
        information available to such official does not 
        indicate that possession of a handgun by the transferee 
        would be in violation of law;
          (E) the Attorney General has approved the transfer 
        under section 5812 of the Internal Revenue Code of 
        1986; or
          (F) on application of the transferor, the Attorney 
        General has certified that compliance with subparagraph 
        (A)(i)(III) is impracticable because--
                  (i) 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;
                  (ii) the business premises of the transferor 
                at which the transfer is to occur are extremely 
                remote in relation to the chief law enforcement 
                officer; and
                  (iii) there is an absence of 
                telecommunications facilities in the 
                geographical area in which the business 
                premises are located.
  (2) A chief law enforcement officer to whom a transferor has 
provided notice pursuant to paragraph (1)(A)(i)(III) shall make 
a reasonable effort to ascertain within 5 business days whether 
receipt or possession would be in violation of the law, 
including research in whatever State and local recordkeeping 
systems are available and in a national system designated by 
the Attorney General.
  (3) The statement referred to in paragraph (1)(A)(i)(I) shall 
contain only--
          (A) the name, address, and date of birth appearing on 
        a valid identification document (as defined in section 
        1028(d)(1)) of the transferee containing a photograph 
        of the transferee and a description of the 
        identification used;
          (B) a statement that the transferee--
                  (i) is not under indictment for, and has not 
                been convicted in any court of, a crime 
                punishable by imprisonment for a term exceeding 
                1 year, and has not been convicted in any court 
                of a misdemeanor crime of domestic violence;
                  (ii) is not a fugitive from justice;
                  (iii) is not an unlawful user of or addicted 
                to any controlled substance (as defined in 
                section 102 of the Controlled Substances Act);
                  (iv) has not been adjudicated as a mental 
                defective or been committed to a mental 
                institution;
                  (v) is not an alien who--
                          (I) is illegally or unlawfully in the 
                        United States; or
                          (II) subject to subsection (y)(2), 
                        has been admitted to the United States 
                        under a nonimmigrant visa (as that term 
                        is defined in section 101(a)(26) of the 
                        Immigration and Nationality Act (8 
                        U.S.C. 1101(a)(26)));
                  (vi) has not been discharged from the Armed 
                Forces under dishonorable conditions; and
                  (vii) is not a person who, having been a 
                citizen of the United States, has renounced 
                such citizenship;
          (C) the date the statement is made; and
          (D) notice that the transferee intends to obtain a 
        handgun from the transferor.
  (4) Any transferor of a handgun who, after such transfer, 
receives a report from a chief law enforcement officer 
containing information that receipt or possession of the 
handgun by the transferee violates Federal, State, or local law 
shall, within 1 business day after receipt of such request, 
communicate any information related to the transfer that the 
transferor has about the transfer and the transferee to--
          (A) the chief law enforcement officer of the place of 
        business of the transferor; and
          (B) the chief law enforcement officer of the place of 
        residence of the transferee.
  (5) Any transferor who receives information, not otherwise 
available to the public, in a report under this subsection 
shall not disclose such information except to the transferee, 
to law enforcement authorities, or pursuant to the direction of 
a court of law.
  (6)(A) Any transferor who sells, delivers, or otherwise 
transfers a handgun to a transferee shall retain the copy of 
the statement of the transferee with respect to the handgun 
transaction, and shall retain evidence that the transferor has 
complied with subclauses (III) and (IV) of paragraph (1)(A)(i) 
with respect to the statement.
  (B) Unless the chief law enforcement officer to whom a 
statement is transmitted under paragraph (1)(A)(i)(IV) 
determines that a transaction would violate Federal, State, or 
local law--
          (i) the officer shall, within 20 business days after 
        the date the transferee made the statement on the basis 
        of which the notice was provided, destroy the 
        statement, any record containing information derived 
        from the statement, and any record created as a result 
        of the notice required by paragraph (1)(A)(i)(III);
          (ii) the information contained in the statement shall 
        not be conveyed to any person except a person who has a 
        need to know in order to carry out this subsection; and
          (iii) the information contained in the statement 
        shall not be used for any purpose other than to carry 
        out this subsection.
  (C) If a chief law enforcement officer determines that an 
individual is ineligible to receive a handgun and the 
individual requests the officer to provide the reason for such 
determination, the officer shall provide such reasons to the 
individual in writing within 20 business days after receipt of 
the request.
  (7) A chief law enforcement officer or other person 
responsible for providing criminal history background 
information pursuant to this subsection shall not be liable in 
an action at law for damages--
          (A) for failure to prevent the sale or transfer of a 
        handgun to a person whose receipt or possession of the 
        handgun is unlawful under this section; or
          (B) for preventing such a sale or transfer to a 
        person who may lawfully receive or possess a handgun.
  (8) For purposes of this subsection, the term ``chief law 
enforcement officer'' means the chief of police, the sheriff, 
or an equivalent officer or the designee of any such 
individual.
  (9) The Attorney General shall take necessary actions to 
ensure that the provisions of this subsection are published and 
disseminated to licensed dealers, law enforcement officials, 
and the public.
  (t)(1) Beginning on the date that is 30 days after the 
Attorney General notifies licensees under section 103(d) of the 
Brady Handgun Violence Prevention Act that the national instant 
criminal background check system is established, a licensed 
importer, licensed manufacturer, or licensed dealer shall not 
transfer a firearm to any other person who is not licensed 
under this chapter, unless--
          (A) before the completion of the transfer, the 
        licensee contacts the national instant criminal 
        background check system established under section 103 
        of that Act;
          (B)(i) the system provides the licensee with a unique 
        identification number; or
          [(ii) 3 business days (meaning a day on which State 
        offices are open) have elapsed since the licensee 
        contacted the system, and the system has not notified 
        the licensee that the receipt of a firearm by such 
        other person would violate subsection (g) or (n) of 
        this section; and]
          (ii) in the event the system has not notified the 
        licensee that the receipt of a firearm by such other 
        person would violate subsection (g) or (n) of this 
        section--
                  (I) not fewer than 10 business days (meaning 
                a day on which State offices are open) has 
                elapsed since the licensee contacted the 
                system, and the system has not notified the 
                licensee that the receipt of a firearm by such 
                other person would violate subsection (g) or 
                (n) of this section, and the other person has 
                submitted, electronically through a website 
                established by the Attorney General or by 
                first-class mail, a petition for review which--
                          (aa) certifies that such other person 
                        has no reason to believe that such 
                        other person is prohibited by Federal, 
                        State, or local law from purchasing or 
                        possessing a firearm; and
                          (bb) requests that the system respond 
                        to the contact referred to in 
                        subparagraph (A) within 10 business 
                        days after the date the petition was 
                        submitted (or, if the petition is 
                        submitted by first-class mail, the date 
                        the letter containing the petition is 
                        postmarked); and
                  (II) 10 business days have elapsed since the 
                other person so submitted the petition, and the 
                system has not notified the licensee that the 
                receipt of a firearm by such other person would 
                violate subsection (g) or (n) of this section; 
                and
          (C) the transferor 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.
  (2) If receipt of a firearm would not violate subsection (g) 
or (n) or State law, the system shall--
          (A) assign a unique identification number to the 
        transfer;
          (B) provide the licensee with the number; and
          (C) destroy all records of the system with respect to 
        the call (other than the identifying number and the 
        date the number was assigned) and all records of the 
        system relating to the person or the transfer.
  (3) Paragraph (1) shall not apply to a firearm transfer 
between a licensee and another person if--
          (A)(i) such other person has presented to the 
        licensee a permit that--
                  (I) allows such other person to possess or 
                acquire a firearm; and
                  (II) was issued not more than 5 years earlier 
                by the State in which the transfer is to take 
                place; and
          (ii) the law of the State provides that such a permit 
        is to be issued only after an authorized government 
        official has verified that the information available to 
        such official does not indicate that possession of a 
        firearm by such other person would be in violation of 
        law;
          (B) the Attorney General has approved the transfer 
        under section 5812 of the Internal Revenue Code of 
        1986; or
          (C) on application of the transferor, the Attorney 
        General has certified that compliance with paragraph 
        (1)(A) is impracticable because--
                  (i) 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;
                  (ii) the business premises of the licensee at 
                which the transfer is to occur are extremely 
                remote in relation to the chief law enforcement 
                officer (as defined in subsection (s)(8)); and
                  (iii) there is an absence of 
                telecommunications facilities in the 
                geographical area in which the business 
                premises are located.
  (4) If the national instant criminal background check system 
notifies the licensee that the information available to the 
system does not demonstrate that the receipt of a firearm by 
such other person would violate subsection (g) or (n) or State 
law, and the licensee transfers a firearm to such other person, 
the licensee shall include in the record of the transfer the 
unique identification number provided by the system with 
respect to the transfer.
  (5) If the licensee knowingly transfers a firearm to such 
other person and knowingly fails to comply with paragraph (1) 
of this subsection with respect to the transfer and, at the 
time such other person most recently proposed the transfer, the 
national instant criminal background check system was operating 
and information was available to the system demonstrating that 
receipt of a firearm by such other person would violate 
subsection (g) or (n) of this section or State law, the 
Attorney General may, after notice and opportunity for a 
hearing, suspend for not more than 6 months or revoke any 
license issued to the licensee under section 923, and may 
impose on the licensee a civil fine of not more than $5,000.
  (6) Neither a local government nor an employee of the Federal 
Government or of any State or local government, responsible for 
providing information to the national instant criminal 
background check system shall be liable in an action at law for 
damages--
          (A) for failure to prevent the sale or transfer of a 
        firearm to a person whose receipt or possession of the 
        firearm is unlawful under this section; or
          (B) for preventing such a sale or transfer to a 
        person who may lawfully receive or possess a firearm.
      (7) The Attorney General shall--
          (A) prescribe the form on which a petition shall be 
        submitted pursuant to paragraph (1)(B)(ii);
          (B) make the form available electronically, and 
        provide a copy of the form to all licensees referred to 
        in paragraph (1);
          (C) provide the petitioner and the licensee involved 
        written notice of receipt of the petition, either 
        electronically or by first-class mail; and
          (D) respond on an expedited basis to any such 
        petition received by the Attorney General.
  (u) It shall be unlawful for a person to steal or unlawfully 
take or carry away from the person or the premises of a person 
who is licensed to engage in the business of importing, 
manufacturing, or dealing in firearms, any firearm in the 
licensee's business inventory that has been shipped or 
transported in interstate or foreign commerce.
  [(v) Repealed. Pub. L. 103-322, title XI, Sec. 110105(2), 
Sept. 13, 1994, 108 Stat. 2000.]
  [(w) Repealed. Pub. L. 103-322, title XI, Sec. 110105(2), 
Sept. 13, 1994, 108 Stat. 2000.]
  (x)(1) It shall be unlawful for a person to sell, deliver, or 
otherwise transfer to a person who the transferor knows or has 
reasonable cause to believe is a juvenile--
          (A) a handgun; or
          (B) ammunition that is suitable for use only in a 
        handgun.
  (2) It shall be unlawful for any person who is a juvenile to 
knowingly possess--
          (A) a handgun; or
          (B) ammunition that is suitable for use only in a 
        handgun.
  (3) This subsection does not apply to--
          (A) a temporary transfer of a handgun or ammunition 
        to a juvenile or to the possession or use of a handgun 
        or ammunition by a juvenile if the handgun and 
        ammunition are possessed and used by the juvenile--
                  (i) in the course of employment, in the 
                course of ranching or farming related to 
                activities at the residence of the juvenile (or 
                on property used for ranching or farming at 
                which the juvenile, with the permission of the 
                property owner or lessee, is performing 
                activities related to the operation of the farm 
                or ranch), target practice, hunting, or a 
                course of instruction in the safe and lawful 
                use of a handgun;
                  (ii) with the prior written consent of the 
                juvenile's parent or guardian who is not 
                prohibited by Federal, State, or local law from 
                possessing a firearm, except--
                          (I) during transportation by the 
                        juvenile of an unloaded handgun in a 
                        locked container directly from the 
                        place of transfer to a place at which 
                        an activity described in clause (i) is 
                        to take place and transportation by the 
                        juvenile of that handgun, unloaded and 
                        in a locked container, directly from 
                        the place at which such an activity 
                        took place to the transferor; or
                          (II) with respect to ranching or 
                        farming activities as described in 
                        clause (i), a juvenile may possess and 
                        use a handgun or ammunition with the 
                        prior written approval of the 
                        juvenile's parent or legal guardian and 
                        at the direction of an adult who is not 
                        prohibited by Federal, State or local 
                        law from possessing a firearm;
                  (iii) the juvenile has the prior written 
                consent in the juvenile's possession at all 
                times when a handgun is in the possession of 
                the juvenile; and
                  (iv) in accordance with State and local law;
          (B) a juvenile who is a member of the Armed Forces of 
        the United States or the National Guard who possesses 
        or is armed with a handgun in the line of duty;
          (C) a transfer by inheritance of title (but not 
        possession) of a handgun or ammunition to a juvenile; 
        or
          (D) the possession of a handgun or ammunition by a 
        juvenile taken in defense of the juvenile or other 
        persons against an intruder into the residence of the 
        juvenile or a residence in which the juvenile is an 
        invited guest.
  (4) A handgun or ammunition, the possession of which is 
transferred to a juvenile in circumstances in which the 
transferor is not in violation of this subsection shall not be 
subject to permanent confiscation by the Government if its 
possession by the juvenile subsequently becomes unlawful 
because of the conduct of the juvenile, but shall be returned 
to the lawful owner when such handgun or ammunition is no 
longer required by the Government for the purposes of 
investigation or prosecution.
  (5) For purposes of this subsection, the term ``juvenile'' 
means a person who is less than 18 years of age.
  (6)(A) In a prosecution of a violation of this subsection, 
the court shall require the presence of a juvenile defendant's 
parent or legal guardian at all proceedings.
  (B) The court may use the contempt power to enforce 
subparagraph (A).
  (C) The court may excuse attendance of a parent or legal 
guardian of a juvenile defendant at a proceeding in a 
prosecution of a violation of this subsection for good cause 
shown.
  (y) Provisions Relating to Aliens Admitted Under Nonimmigrant 
Visas.--
          (1) Definitions.--In this subsection--
                  (A) the term ``alien'' has the same meaning 
                as in section 101(a)(3) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(3)); and
                  (B) the term ``nonimmigrant visa'' has the 
                same meaning as in section 101(a)(26) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)).
          (2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), 
        and (s)(3)(B)(v)(II) do not apply to any alien who has 
        been lawfully admitted to the United States under a 
        nonimmigrant visa, if that alien is--
          (A) admitted to the United States for lawful hunting 
        or sporting purposes or is in possession of a hunting 
        license or permit lawfully issued in the United States;
          (B) an official representative of a foreign 
        government who is--
                  (i) accredited to the United States 
                Government or the Government's mission to an 
                international organization having its 
                headquarters in the United States; or
                  (ii) en route to or from another country to 
                which that alien is accredited;
          (C) an official of a foreign government or a 
        distinguished foreign visitor who has been so 
        designated by the Department of State; or
          (D) a foreign law enforcement officer of a friendly 
        foreign government entering the United States on 
        official law enforcement business.
          (3) Waiver.--
                  (A) Conditions for waiver.--Any individual 
                who has been admitted to the United States 
                under a nonimmigrant visa may receive a waiver 
                from the requirements of subsection (g)(5), 
                if--
                          (i) the individual submits to the 
                        Attorney General a petition that meets 
                        the requirements of subparagraph (C); 
                        and
                          (ii) the Attorney General approves 
                        the petition.
                  (B) Petition.--Each petition under 
                subparagraph (B) shall--
                          (i) demonstrate that the petitioner 
                        has resided in the United States for a 
                        continuous period of not less than 180 
                        days before the date on which the 
                        petition is submitted under this 
                        paragraph; and
                          (ii) include a written statement from 
                        the embassy or consulate of the 
                        petitioner, authorizing the petitioner 
                        to acquire a firearm or ammunition and 
                        certifying that the alien would not, 
                        absent the application of subsection 
                        (g)(5)(B), otherwise be prohibited from 
                        such acquisition under subsection (g).
                  (C) Approval of petition.--The Attorney 
                General shall approve a petition submitted in 
                accordance with this paragraph, if the Attorney 
                General determines that waiving the 
                requirements of subsection (g)(5)(B) with 
                respect to the petitioner--
                  (i) would be in the interests of justice; and
                  (ii) would not jeopardize the public safety.
  (z) Secure Gun Storage or Safety Device.--
          (1) In general.--Except as provided under paragraph 
        (2), it shall be unlawful for any licensed importer, 
        licensed manufacturer, or licensed dealer to sell, 
        deliver, or transfer any handgun to any person other 
        than any person licensed under this chapter, unless the 
        transferee is provided with a secure gun storage or 
        safety device (as defined in section 921(a)(34)) for 
        that handgun.
          (2) Exceptions.--Paragraph (1) shall not apply to--
                  (A)(i) the manufacture for, transfer to, or 
                possession by, the United States, a department 
                or agency of the United States, a State, or a 
                department, agency, or political subdivision of 
                a State, of a handgun; or
                  (ii) the transfer to, or possession by, a law 
                enforcement officer employed by an entity 
                referred to in clause (i) of a handgun for law 
                enforcement purposes (whether on or off duty); 
                or
                  (B) the transfer to, or possession by, a rail 
                police officer directly employed by or 
                contracted by a rail carrier and certified or 
                commissioned as a police officer under the laws 
                of a State of a handgun for purposes of law 
                enforcement (whether on or off duty);
                  (C) the transfer to any person of a handgun 
                listed as a curio or relic by the Secretary 
                pursuant to section 921(a)(13); or
                  (D) the transfer to any person of a handgun 
                for which a secure gun storage or safety device 
                is temporarily unavailable for the reasons 
                described in the exceptions stated in section 
                923(e), if the licensed manufacturer, licensed 
                importer, or licensed dealer delivers to the 
                transferee within 10 calendar days from the 
                date of the delivery of the handgun to the 
                transferee a secure gun storage or safety 
                device for the handgun.
          (3) Liability for use.--
                  (A) In general.--Notwithstanding any other 
                provision of law, a person who has lawful 
                possession and control of a handgun, and who 
                uses a secure gun storage or safety device with 
                the handgun, shall be entitled to immunity from 
                a qualified civil liability action.
                  (B) Prospective actions.--A qualified civil 
                liability action may not be brought in any 
                Federal or State court.
                  (C) Defined term.--As used in this paragraph, 
                the term ``qualified civil liability action''--
                          (i) means a civil action brought by 
                        any person against a person described 
                        in subparagraph (A) for damages 
                        resulting from the criminal or unlawful 
                        misuse of the handgun by a third party, 
                        if--
                                  (I) the handgun was accessed 
                                by another person who did not 
                                have the permission or 
                                authorization of the person 
                                having lawful possession and 
                                control of the handgun to have 
                                access to it; and
                                  (II) at the time access was 
                                gained by the person not so 
                                authorized, the handgun had 
                                been made inoperable by use of 
                                a secure gun storage or safety 
                                device; and
                          (ii) shall not include an action 
                        brought against the person having 
                        lawful possession and control of the 
                        handgun for negligent entrustment or 
                        negligence per se.
   [Appendix A Repealed. Pub. L. 103-322, Title XI, Sec. 
110105(2), Sept. 13, 1994, 108 Stat. 2000]

           *       *       *       *       *       *       *


                            Dissenting Views

    H.R. 1112, the ``Enhanced Background Checks Act of 2019,'' 
fundamentally and detrimentally changes the way the National 
Instant Criminal Background Check System (NICS) operates. 
Currently, commercially-sold firearms are prohibited from being 
transferred until a NICS check determines the transfer to the 
individual would not violate applicable federal and state laws. 
However, if the background check is not completed within 3 
business days, the Federal Firearms Licensee (FFL) has the 
OPTION to proceed with the transfer. To be clear, the FFL is 
NOT required to complete the transfer. It is entirely at the 
FFL's discretion.
    If the NICS search finds a record requiring further 
research to determine whether the prospective transferee is 
prohibited from purchasing or possessing a firearm by federal 
or state law, a ``Delayed'' response is issued to the FFL. A 
``Delayed'' response indicates the firearm transfer should not 
proceed until a follow-up ``Proceed'' response from the NICS or 
the expiration of three business days, whichever occurs 
first.\1\ This provision is necessary to ensure firearm 
purchasers are not arbitrarily denied their Second Amendment 
rights. Without the 3-day provision, the FBI has no incentive 
to complete checks in a timely manner. And, with NICS appeals 
sometimes taking well over a year, a system where the 
government can arbitrarily delay the ability to acquire a 
firearm would be a clear violation of the right to keep and 
bear arms.
---------------------------------------------------------------------------
    \1\See 28 CFR Part 25.6(c)(1)(iv)(B).
---------------------------------------------------------------------------
    H.R. 1112 turns this system on its head. It essentially 
eliminates the 3-day waiting period and imposes a 20-day 
waiting period for countless firearm purchasers. As technology 
has advanced since NICS was introduced over twenty years ago, 
we should be looking to shorten the waiting period, not 
lengthen it. In fact, many Senators in favor of stricter gun 
control supported reducing the current 3-day provision to 1 day 
as part of the Manchin-Toomey amendment just a few years ago. 
Certainly, technology has advanced since even then.
    Not only is the 20-day waiting period excessive, it is an 
onerous process that unduly burdens potential firearms 
purchasers. Under H.R. 1112, if an FFL conducts a NICS check 
and does not receive a response from NICS after 10 business 
days, the prospective purchaser is not permitted to take 
possession of the firearm. The prospective purchaser may then 
petition the FBI to permit the transfer to proceed. The FFL may 
not proceed with the transaction until an additional 10 
business days have elapsed from the date of the petition. Keep 
in mind these are business days, not calendar days. That is 
important because current federal law limits the validity of a 
NICS background check to 30 calendar days from the date it is 
initiated. In essence, this legislation eliminates the delay-
proceed option for a potential purchaser of firearms. This may 
well be the intent of the authors.
    The Charleston shooting does not justify elimination of the 
3-day provision. The shooter first attempted to buy a firearm 
on April 11, 2015, but was delayed due to an arrest for drug 
possession. The firearm was transferred on April 16, 5 days 
after the attempt to purchase.\2\ The attack didn't take place 
until June 17, over two months after the shooter first tried to 
buy the firearm. During this time, the FBI could have continued 
investigating the purchaser for derogatory information. They 
did not do so.

    \2\Pete Williams and Mark Potter, Charleston church massacre: 
Dylann Roof's gun bought at local store, msnbc.com, June 23, 2015, 
http://www.msnbc.com/msnbc/charleston-churchmassacre-dylann-roofs-gun-
bought-local-store.

                                              Doug Collins,
                                                    Ranking Member.

                                  [all]