I
112th CONGRESS
2d Session
H. R. 6725
IN THE HOUSE OF REPRESENTATIVES
December 31, 2012
Mr. Moran introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To provide for greater safety in the use of firearms.
Short title
This Act may be cited as the NRA
Members’ Gun Safety Act of 2012
.
Requiring a background check for every firearm sale
Purpose
The purpose of this title is to extend the Brady Law background check procedures to all sales and transfers of firearms.
Firearms transfers
In general
Chapter 44 of title 18, United States Code, is amended by adding at the end the following:
Background checks for firearm transfers by unlicensed persons
Definitions
In this section—
the term unlicensed transferee means a person who—
is not licensed under this chapter; and
desires to receive a firearm from an unlicensed transferor; and
the term unlicensed transferor means a person who—
is not licensed under this chapter; and
desires to transfer a firearm to an unlicensed transferee.
Responsibilities of transferors other than licensees
In general
It shall be unlawful for an unlicensed transferor to transfer a firearm to an unlicensed transferee, unless the firearm is transferred—
through a licensed dealer under subsection (d);
through a law enforcement agency under subsection (e);
after inspecting a permit that confirms a background check under subsection (f); or
in accordance with an exception described in subsection (g); and
in accordance with paragraph (2).
Criminal background checks
Except as provided in subsection (g), an unlicensed transferor—
subject to subparagraph (B), may not transfer a firearm to an unlicensed transferee until—
the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A);
the law enforcement agency through which the transfer is made under subsection (e) makes a notification described in subsection (e)(4)(A); or
the unlicensed transferee has presented a permit that confirms that a background check has been conducted, as described in subsection (f); and
may not transfer a firearm to an unlicensed transferee if—
the licensed dealer through which the transfer is made under subsection (d) makes the notification described in subsection (d)(3)(B); or
the law enforcement agency through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B).
Absence of recordkeeping requirements
Nothing in this section shall permit or authorize the Attorney General to impose recordkeeping requirements on any unlicensed transferor.
Responsibilities of transferees other than licensees
In general
It shall be unlawful for an unlicensed transferee to receive a firearm from an unlicensed transferor, unless the firearm is transferred—
through a licensed dealer under subsection (d);
through a law enforcement agency under subsection (e);
after inspecting a permit that confirms a background check in accordance with subsection (f); or
in accordance with an exception described in subsection (g); and
in accordance with paragraph (2).
Criminal background checks
Except as provided in subsection (g), an unlicensed transferee—
subject to subparagraph (B), may not receive a firearm from an unlicensed transferor until—
the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A);
the law enforcement agency through which the transfer is made under subsection (e) makes a notification described in subsection (e)(4)(A); or
the unlicensed transferee has presented a permit that confirms that a background check described in subsection (f) has been conducted; and
may not receive a firearm from another unlicensed transferor if—
the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(B); or
the law enforcement agency through which the transfer is made under subsection (e) makes a notification described in subsection (e)(4)(B).
Background checks through licensed dealers
A licensed dealer who agrees to assist in the transfer of a firearm between unlicensed transferor and an unlicensed transferee shall—
enter such information about the firearm as the Attorney General may require by regulation into a separate bound record;
record the transfer on a form specified by the Attorney General;
comply with section 922(t) as if transferring the firearm from the inventory of the licensed dealer to the unlicensed transferee (except that a licensed dealer assisting in the transfer of a firearm under this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the unlicensed transferee) and notify the unlicensed transferor and unlicensed transferee—
of such compliance; and
if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or State law;
not later than 31 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which—
shall be on a form specified by the Attorney General by regulation; and
shall not include the name of or other identifying information relating to the unlicensed transferor or unlicensed transferee;
if the licensed dealer assists an unlicensed transferor in transferring, at the same time or during any 5 consecutive business days, 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same unlicensed transferee, in addition to the reports required under paragraph (4), prepare a report of the multiple transfers, which shall—
be prepared on a form specified by the Attorney General; and
not later than the close of business on the date on which the transfer requiring the report under this paragraph occurs, be submitted to—
the office specified on the form described in subparagraph (A); and
the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and
retain a record of the transfer as part of the permanent business records of the licensed dealer.
Background checks through law enforcement agencies
A State or local law enforcement agency that agrees to assist an unlicensed transferor in carrying out the responsibilities of the unlicensed transferor under subsection (b) with respect to the transfer of a firearm shall—
contact the national instant criminal background check system under section 922(t); and
receive an identification number as described in section 922(t)(1)(B)(i); or
wait the period described in 922(t)(1)(B)(ii);
conduct such other checks as the agency considers appropriate to determine whether the receipt or possession of the firearm by the unlicensed transferee would violate section 922 or State law;
verify the identity of the unlicensed transferee by—
examining a valid identification document (as defined in section 1028(d)) of the unlicensed transferee containing a photograph of the unlicensed transferee; or
confirming that the unlicensed transferor has examined a valid identification document described in subparagraph (A);
notify the unlicensed transferor and transferee—
of the compliance by the law enforcement agency with the requirements under paragraphs (1), (2), and (3); and
of any receipt by the law enforcement agency of a notification from the national instant criminal background check system or other information that the transfer would violate section 922 or would violate State law;
not later than 31 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which—
shall be on a form specified by the Attorney General by regulation; and
shall not include the name of or other identifying information relating to the unlicensed transferor or unlicensed transferee;
if the law enforcement agency assists an unlicensed transferor in transferring, at the same time or during any 5 consecutive business days, 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same unlicensed transferee, in addition to the reports required under paragraph (5), prepare a report of the multiple transfers, which shall be—
prepared on a form specified by the Attorney General; and
not later 24 hours after the transfer requiring the report under this paragraph occurs, submitted to—
the office specified on the form described in subparagraph (A); and
the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and
maintain records of the transfer at such place, and in such form, as the Attorney General may prescribe.
Purchase permits confirming background checks
An unlicensed transferor may transfer a firearm to an unlicensed transferee if the unlicensed transferor verifies that—
the unlicensed transferee has presented to a licensed dealer or a law enforcement official a permit or license that allows the unlicensed transferee to possess, acquire, or carry a firearm, and the licensed dealer or law enforcement official, as the case may be, has verified to the unlicensed transferor that the permit or license is valid;
the permit or license was issued not more than 5 years before the date on which the permit or license is presented under paragraph (1) by a law enforcement agency in the State in which the transfer is to take place;
the law of the State provides that the permit or license is to be issued only after a law enforcement official has verified that neither the national instant criminal background check system nor other information indicates that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law; and
if the permit or license does not include a photograph of the unlicensed transferee, the unlicensed transferor has examined a valid identification document (as defined in section 1028(d)) of the unlicensed transferee containing a photograph of the unlicensed transferee.
Exceptions
Unless prohibited by any other provision of law, subsections (b) and (c) shall not apply to any transfer of a firearm between an unlicensed transferor and unlicensed transferee, if—
the transfer is a bona fide gift between immediate family members, including spouses, parents, children, siblings, grandparents, and grandchildren;
the transfer occurs by operation of law, or because of the death of another person for whom the unlicensed transferor is an executor or administrator of an estate or a trustee of a trust created in a will;
the transfer is temporary and occurs while in the home of the unlicensed transferee, if—
the unlicensed transferee is not otherwise prohibited from possessing firearms; and
the unlicensed transferee believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the unlicensed transferee;
the transfer is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or
upon application of the unlicensed transferor, the Attorney General determined that compliance with subsection (b) is impracticable because—
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;
the location at which the transfer is to occur is extremely remote in relation to the chief law enforcement officer (as defined in section 922(s)(8)); and
there is an absence of telecommunications facilities in the geographical area in which the unlicensed transferor is located; or
the transfer is a temporary transfer of possession without transfer of title that takes place—
at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms;
at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization; or
while hunting, fishing, or trapping, if—
the activity is legal in all places where the unlicensed transferee possesses the firearm; and
the unlicensed transferee holds any required license or permit.
Processing fees
A licensed dealer or law enforcement agency that processes the transfer of a firearm under this section may assess and collect a fee, in an amount not to exceed $15, with respect to each firearm transfer processed.
Records
Nothing in subsection (e)(7) shall be construed to authorize the Attorney General to inspect records described in such subsection or to require that the records be transferred to a facility owned, managed, or controlled by the United States.
.
Penalties
Section
924(a)(5) of title 18, United States Code, is amended by inserting or
section 932
after section 922
.
Conforming amendment
The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following:
932. Background checks for firearm transfers by unlicensed persons.
.
Effective date
The amendments made by this title shall take effect 180 days after the date of enactment of this Act.
Background checks for gun shop employees
Background checks required for employees authorized to possess or transfer firearms or ammunition in the course of a licensed firearm business
In general
Section 923 of title 18, United States Code, is amended by adding at the end the following:
It shall be unlawful for a licensed dealer to authorize an employee hired by the employer on or after the effective date of this subsection to possess or transfer a firearm or ammunition in the course of employment with the licensed dealer, unless the licensed dealer has received from the Attorney General a notice that the Attorney General has determined that receipt of a firearm by the employee would not be unlawful.
Beginning 3 months after the effective date of this subsection, it shall be unlawful for a licensed dealer to authorize an employee hired by the employer before the effective date of this subsection, to possess or transfer a firearm or ammunition in the course of employment with the licensed dealer, unless the licensed dealer has received from the Attorney General a notice that the Attorney General has determined that receipt of a firearm by the employee would not be unlawful.
The Attorney General may temporarily waive the applicability of paragraph (1) to an employer with respect to an employee about whom the employer has submitted to the Attorney General the information described in paragraph (3) if the Attorney General determines that the Attorney General will be unable to make a determination under paragraph (3) with respect to the employee in a timely manner.
If the Attorney General receives from a licensed dealer the name and other identifying information of an employee who will be authorized by the licensed dealer to possess or transfer a firearm in the course of employment with the licensed dealer, the Attorney General shall determine whether it would be unlawful for the employee to receive a firearm under Federal law or under the law of any State or locality in which the employee may be so authorized. In making the determination, the Attorney General may take into account a letter or document issued under subparagraph (B).
If the Attorney General determines that such a receipt of a firearm by the employee would not be unlawful, the Attorney General shall notify the licensed dealer in writing or electronically of the determination, and issue to the employee a letter of clearance, which confirms the determination.
If the Attorney General determines that such a receipt of a firearm by the employee would be unlawful, the Attorney General shall notify the licensed dealer in writing or electronically of the determination, and issue to the employee a document that—
confirms the determination;
explains the grounds for the determination;
provides information on how the disability may be relieved; and
explains how the determination may be appealed.
.
Penalties
Administrative
Section
923(e) of such title is amended by inserting knowingly violated
subsection (m)(1) or
before willfully violated
.
Criminal
Section
924(a)(1)(D) of such title is amended by inserting knowingly violates
section 923(m)(1) or
before willfully
.
Correction of erroneous system information
Section 103(g) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) is amended—
by inserting
or by an employee of the individual
after
transferee
the 1st place it appears; and
by inserting
or employee, as the case may be,
after transferee
each subsequent place it appears.
Effective date
The amendment made by this section shall apply to conduct engaged in after the 3-month period that begins with the date of the enactment of this Act.
Prevention of terrorists from obtaining firearms or explosives
Granting the attorney general the authority to deny the sale, delivery, or transfer of a firearm or the issuance of a firearms or explosives license or permit to dangerous terrorists
Standard for exercising attorney general discretion regarding transferring firearms or issuing firearms permits to dangerous terrorists
Chapter 44 of title 18, United States Code, is amended—
by inserting the following new section after section 922:
Attorney General’s discretion to deny transfer of a firearm
The Attorney General may deny the transfer of a firearm pursuant to section 922(t)(1)(B)(ii) if the Attorney General determines that the transferee is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the prospective transferee may use a firearm in connection with terrorism.
;
by inserting the following new section after section 922A:
Attorney General’s discretion regarding applicants for firearm permits which would qualify for the exemption provided under section 922(t)(3)
The Attorney General may determine that an applicant for a firearm permit which would qualify for an exemption under section 922(t) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.
; and
in section 921(a), by adding at the end the following:
The term terrorism
means international terrorism
as defined in section 2331(1), and
domestic terrorism
as defined in section 2331(5).
The term material
support means material support or resources
within the
meaning of section 2339A or 2339B.
The term responsible person means an individual who has the power, directly or indirectly, to direct or cause the direction of the management and policies of the applicant or licensee pertaining to firearms.
.
Effect of attorney general discretionary denial through the national instant criminal background check system (NICS) on firearms permits
Section 922(t) of such title is amended—
in paragraph
(1)(B)(ii), by inserting or State law, or that the Attorney General has
determined to deny the transfer of a firearm pursuant to section 922A
before the semicolon;
in paragraph (2),
by inserting after or State law
the following: or if the
Attorney General has not determined to deny the transfer of a firearm pursuant
to section 922A
;
in paragraph (3)(A)(i)—
by striking
and
at the end of subclause (I); and
by adding at the end the following:
was issued after a check of the system established pursuant to paragraph (1);
;
in paragraph (3)(A)—
by adding
and
at the end of clause (ii); and
by adding after and below the end the following:
the State issuing the permit agrees to deny the permit application if such other person is the subject of a determination by the Attorney General pursuant to section 922B;
;
in paragraph (4),
by inserting after or State law,
the following: or if the
Attorney General has not determined to deny the transfer of a firearm pursuant
to section 922A,
; and
in paragraph (5),
by inserting after or State law,
the following: or if the
Attorney General has determined to deny the transfer of a firearm pursuant to
section 922A,
.
Unlawful sale or disposition of firearm based on attorney general discretionary denial
Section 922(d) of such title is amended—
by striking
or
at the end of paragraph (8);
by striking the
period at the end of paragraph (9) and inserting ; or
;
by inserting after paragraph (9) the following:
has been the subject of a determination by the Attorney General pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title.
.
Attorney general discretionary denial as prohibitor
Section 922(g) of such title is amended—
by striking
or
at the end of paragraph (8);
by striking the
comma at the end of paragraph (9) and inserting; ; or
;
and
by inserting after paragraph (9) the following:
who has received actual notice of the Attorney General’s determination made pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title.
.
Attorney general discretionary denial of federal firearms licenses
Section 923(d)(1) of such title is amended—
by striking
Any
and inserting Except as provided in subparagraph (H),
any
;
in subparagraph
(F)(iii), by striking and
at the end;
in subparagraph
(G), by striking the period and inserting ; and
; and
by adding at the end the following:
The Attorney General may deny a license application if the Attorney General determines that the applicant (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.
.
Discretionary revocation of federal firearms licenses
Section 923(e) of such title is amended—
in the 1st sentence—
by inserting after
revoke
the following: —(1)
; and
by striking the period and inserting a semicolon;
in the 2nd sentence—
by striking
The Attorney General may, after notice and opportunity for hearing,
revoke
and insert (2)
; and
by striking the
period and inserting ; or
; and
by adding at the end the following:
any license issued under this section if the Attorney General determines that the holder of the license (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.
.
Attorney general’s ability To withhold information in firearms license denial and revocation suit
Section 923(f) of such title is amended—
in the 1st
sentence of paragraph (1), by inserting , except that if the denial or
revocation is pursuant to subsection (d)(1)(H) or (e)(3), then any information
on which the Attorney General relied for this determination may be withheld
from the petitioner if the Attorney General determines that disclosure of the
information would likely compromise national security
before the
period; and
in paragraph (3),
by inserting after the 3rd sentence the following: With respect to any
information withheld from the aggrieved party under paragraph (1), the United
States may submit, and the court may rely on, summaries or redacted versions of
documents containing information the disclosure of which the Attorney General
has determined would likely compromise national security.
.
Attorney general’s ability To withhold information in relief from disabilities lawsuits
Section 925(c) of such title is amended by inserting
after the 3rd sentence the following: If receipt of a firearms by the
person would violate section 922(g)(10), any information which the Attorney
General relied on for this determination may be withheld from the applicant if
the Attorney General determines that disclosure of the information would likely
compromise national security. In responding to the petition, the United States
may submit, and the court may rely on, summaries or redacted versions of
documents containing information the disclosure of which the Attorney General
has determined would likely compromise national security.
.
Penalties
Section 924(k) of such title is amended—
by striking
or
at the end of paragraph (2);
in paragraph (3),
by striking , or
and inserting ; or
; and
by inserting after paragraph (3) the following:
constitutes an act of terrorism (as defined in section 921(a)(36)), or material support thereof (as defined in section 921(a)(37)), or
.
Remedy for erroneous denial of firearm or firearm permit exemption
Section 925A of such title is amended—
in the section
heading, by striking Remedy
for erroneous denial of firearm
and inserting
Remedies
;
by striking
Any person denied a firearm pursuant to subsection (s) or (t) of section
922
and inserting the following:
Except as provided in subsection (b), any person denied a firearm pursuant to section 922(t) or pursuant to a determination made under section 922B,
; and
by adding after and below the end the following:
In any case in which the Attorney General has denied the transfer of a firearm to a prospective transferee pursuant to section 922A or has made a determination regarding a firearm permit applicant pursuant to section 922B, an action challenging the determination may be brought against the United States. The petition must be filed not later than 60 days after the petitioner has received actual notice of the Attorney General’s determination made pursuant to section 922A or 922B. The court shall sustain the Attorney General’s determination on a showing by the United States by a preponderance of evidence that the Attorney General’s determination satisfied the requirements of section 922A or 922B. To make this showing, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. On request of the petitioner or the court’s own motion, the court may review the full, undisclosed documents ex parte and in camera. The court shall determine whether the summaries or redacted versions, as the case may be, are fair and accurate representations of the underlying documents. The court shall not consider the full, undisclosed documents in deciding whether the Attorney General’s determination satisfies the requirements of section 922A or 922B.
.
Provision of grounds underlying ineligibility determination by the national instant criminal background check system
Section 103 of the Brady Handgun Violence Prevention Act (Public Law 103–159) is amended—
in subsection (f)—
by inserting after
is ineligible to receive a firearm,
the following: or the
Attorney General has made a determination regarding an applicant for a firearm
permit pursuant to section 922B of title 18, United States Code
;
and
by inserting after
the system shall provide such reasons to the individual,
the
following: except for any information the disclosure of which the
Attorney General has determined would likely compromise national
security
; and
in subsection (g)—
in the 1st
sentence, by inserting after subsection (g) or (n) of section 922 of
title 18, United States Code or State law
the following: or if
the Attorney General has made a determination pursuant to section 922A or 922B
of such title,
;
by inserting
, except any information the disclosure of which the Attorney General
has determined would likely compromise national security
before the
period; and
by adding at the
end the following: Any petition for review of information withheld by
the Attorney General under this subsection shall be made in accordance with
section 925A of title 18, United States Code.
.
Unlawful distribution of explosives based on attorney general discretionary denial
Section 842(d) of such title is amended—
by striking the
period at the end of paragraph (9) and inserting ; or
;
and
by adding at the end the following:
has received actual notice of the Attorney General’s determination made pursuant to section 843(b)(8) or (d)(2) of this title.
.
Attorney General discretionary denial as prohibitor
Section 842(i) of such title is amended—
by adding
or
at the end of paragraph (7); and
by inserting after paragraph (7) the following:
who has received actual notice of the Attorney General’s determination made pursuant to section 843(b)(8) or (d)(2),
.
Attorney General discretionary denial of Federal explosives licenses and permits
Section 843(b) of such title is amended—
by striking
Upon
and inserting the following: Except as provided in
paragraph (8), on
; and
by inserting after paragraph (7) the following:
The Attorney General may deny the issuance of a permit or license to an applicant if the Attorney General determines that the applicant or a responsible person or employee possessor thereof is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.
.
Attorney General discretionary revocation of Federal explosives licenses and permits
Section 843(d) of such title is amended—
by inserting
(1)
in the first sentence after if
; and
by striking the
period at the end of the first sentence and inserting the following: ;
or (2) the Attorney General determines that the licensee or holder (or any
responsible person or employee possessor thereof) is known (or appropriately
suspected) to be or have been engaged in conduct constituting, in preparation
for, in aid of, or related to terrorism, or providing material support thereof,
and that the Attorney General has a reasonable belief that the person may use
explosives in connection with terrorism.
.
Attorney General’s ability To withhold information in explosives license and permit denial and revocation suits
Section 843(e) of such title is amended—
in the 1st sentence of paragraph (1), by
inserting except that if the denial or revocation is based on a
determination under subsection (b)(8) or (d)(2), then any information which the
Attorney General relied on for the determination may be withheld from the
petitioner if the Attorney General determines that disclosure of the
information would likely compromise national security
before the
period; and
in paragraph (2),
by adding at the end the following: In responding to any petition for
review of a denial or revocation based on a determination under section
843(b)(8) or (d)(2), the United States may submit, and the court may rely on,
summaries or redacted versions of documents containing information the
disclosure of which the Attorney General has determined would likely compromise
national security.
.
Ability To withhold information in communications to employers
Section 843(h)(2) of such title is amended—
in subparagraph
(A), by inserting or section 843(b)(1) (on grounds of terrorism) of this
title,
after section 842(i),
; and
in subparagraph (B)—
by inserting
or section 843(b)(8)
after section 842(i)
;
and
in clause (ii), by
inserting , except that any information that the Attorney General relied
on for a determination pursuant to section 843(b)(8) may be withheld if the
Attorney General concludes that disclosure of the information would likely
compromise national security
before the semicolon.
Conforming amendment to immigration and nationality act
Section
101(a)(43)(E)(ii) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)(E)(ii)) is amended by striking or (5)
and inserting
(5), or (10)
.
Reporting of lost or stolen firearms to state or local police
Requirement that gun owners report lost or stolen firearms to state or local police
Section 923(g)(6) of title 18, United States Code, is amended—
by inserting
(A)
after (6)
; and
by adding after and below the end the following:
Each person who owns or possesses a firearm shall report the theft or loss of the firearm, within 48 hours after the theft or loss is discovered, to the appropriate local authorities.
.
Concealed firearms permits
Concealed firearms permits
In general
Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following:
Concealed firearms permits
In general
Each State that allows residents of the State to carry concealed firearms in or affecting interstate or foreign commerce shall—
establish a process to issue permits to residents of the State to carry concealed firearms in or affecting interstate or foreign commerce; and
require that each resident of the State seeking to carry a concealed firearm in or affecting interstate or foreign commerce in the State obtain a permit through the process established under paragraph (1).
Requirements
In establishing a process to issue permits to carry concealed firearms under subsection (a), a State shall—
ensure that a local law enforcement agency participates in the process; and
at a minimum, require that an applicant for a permit to carry a concealed firearm in or affecting interstate or foreign commerce—
be a legal resident of the United States;
be not less than 21 years of age;
demonstrate good cause for requesting a concealed firearm permit;
demonstrate that the applicant is worthy of the public trust to carry a concealed firearm in public;
complete a firearm safety training course certified by the State; and
not have been convicted of a crime of violence.
Law enforcement agency report
If a State establishes a process under subsection (a) that allows for an agency other than a law enforcement agency to issue permits to carry concealed firearms, the process shall require that—
a local law enforcement agency submit to the agency responsible for issuing permits a written report that describes whether the applicant meets the standards of the State to carry a concealed firearm; and
the agency responsible for issuing permits maintain a report submitted under paragraph (1) in the file of the applicant.
Definition
In this section, the term local law enforcement agency means a law enforcement agency of the unit of local government with jurisdiction of the area in which the applicant for a permit to carry a concealed firearm resides.
Compliance
Not later than 270 days after the date of enactment of this section, each State described in subsection (a) shall be in compliance with this section.
.
Technical and conforming amendment
The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following:
926D. Concealed firearms permits.
.
