S. 374: Fix Gun Checks Act of 2013

Feb 25, 2013
Reported by Committee
20% chance of being enacted
Track this bill
Charles “Chuck” Schumer
Senior Senator from New York
Read Text »
Last Updated
Mar 12, 2013
16 pages
Related Bills
S. 436 (112th) was a previous version of this bill.

Referred to Committee
Last Action: Mar 02, 2011

S. 649 (Related)
Safe Communities, Safe Schools Act of 2013

Reported by Committee
Last Action: Mar 22, 2013


The committees assigned to this bill sent it to the House or Senate as a whole for consideration on March 12, 2013.

Introduced Feb 25, 2013
Referred to Committee Feb 25, 2013
Reported by Committee Mar 12, 2013
Passed Senate ...
Passed House ...
Signed by the President ...

20% chance of being enacted.

Only about 23% of bills that made it past committee in 2011–2013 were enacted. [show factors | methodology]

Full Title

A bill to ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale.


No summaries available.


Senate Judiciary

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Primary Source

THOMAS.gov (The Library of Congress)

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S. stands for Senate bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

3/12/2013--Reported to Senate amended.
Fix Gun Checks Act of 2013 -
Title I - Ensuring That All Individuals Who Should Be Prohibited From Buying A Gun Are Listed In The National Instant Criminal Background Check System
Section 101 -
Amends the NICS Improvement Amendments Act of 2007 (NICS Act) to eliminate from the records concerning persons who are prohibited from possessing or receiving a firearm about which a state must submit estimates to the Attorney General for purposes of the National Instant Criminal Background Check System:
(1) a record that identifies a person for whom an indictment has been returned for a crime punishable by imprisonment for a term exceeding one year or who is a fugitive from justice and for which a record of final disposition is not available; and
(2) a record that identifies a person who is an unlawful user of, or addicted to, a controlled substance.
Directs the Attorney General to establish the applicable time period for the occurrence of events (currently, within the prior 20 years) in pertinent records.
Replaces provisions requiring that a specified percentage of grants to states and Indian tribal governments for establishing, planning, or improving identification technologies for firearms eligibility determinations be used to maintain a relief from disabilities program with provisions authorizing states to use such grants for such a program. Authorizes appropriations for FY2014-FY2018 for such grants and eliminates allocation restrictions based on the percentage of records states provide.
Section 102 -
Revises the periods during which the Attorney General may withhold Edward Byrne Memorial Justice Assistance Grant funds from states that do not provide specified percentages of required records. Eliminates the Attorney General's authority to waive such withholding if a state provides evidence it is making a reasonable effort to comply.
Requires the Attorney General to publish and made available on a publicly accessible website an annual report that ranks states by the ratio of number of records submitted by each state under the NICS Act to the estimated total number of available records of the state.
Section 103 -
Amends the Brady Handgun Violence Prevention Act (Brady Act) to include federal courts as federal agencies from which the Attorney General is authorized to secure information on persons prohibited from receiving a firearm.
Title II - Requiring a Background Check for Every Firearm Sale
Section 202 -
Amends the Brady Act to prohibit any person who does not hold a federal firearms license from transferring a firearm to any other unlicensed person unless a licensed importer, manufacturer, or dealer:
(1) has first taken possession of the firearm for the purpose of complying with national instant criminal background check requirements; and
(2) upon taking possession, complies with all firearms requirements as if transferring the firearm from the licensee's inventory to the unlicensed transferee.
Specifies exceptions, including for:
(1) bona fide gifts between immediate family members;
(2) a transfer from a decedent's estate;
(3) a transfer of possession between unlicensed persons in the transferor's home for less than seven days; and
(4) certain temporary transfers without the transfer of title in connection with lawful hunting or sporting purposes at a shooting range, at a shooting competition, or while hunting, fishing, or trapping during hunting season.
Authorizes the Attorney General to implement this section with regulations that shall include provisions: (1) setting a maximum fee that may be charged by licensees for services provided, and (2) requiring a transaction record of any transfer that occurs between an unlicensed transferor and unlicensed transferee.
Section 203 -
Makes it unlawful for any person who lawfully possesses or owns a firearm that has been shipped transported, or possessed in interstate or foreign commerce to fail to report the theft or loss of the firearm to the Attorney General and the appropriate local authorities within 24 hours of discovering it.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

No summary available.

House Democratic Caucus Summary

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So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

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