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H.R. 8: Bipartisan Background Checks Act of 2019

The text of the bill below is as of Feb 22, 2019 (Reported by House Committee).


IB

Union Calendar No. 3

116th CONGRESS

1st Session

H. R. 8

[Report No. 116–11]

IN THE HOUSE OF REPRESENTATIVES

January 8, 2019

(for himself, Mr. King of New York, Mr. Nadler, Mr. Fitzpatrick, Ms. Jackson Lee, Mr. Mast, Ms. Kelly of Illinois, Mr. Upton, Mrs. McBath, and Mr. Smith of New Jersey) introduced the following bill; which was referred to the Committee on the Judiciary

February 22, 2019

Additional sponsors: Mr. Peters, Mr. Swalwell of California, Ms. Bonamici, Mrs. Trahan, Mr. Keating, Ms. Clark of Massachusetts, Mr. Deutch, Mr. Cisneros, Mr. Quigley, Ms. Dean, Mr. Levin of California, Ms. Mucarsel-Powell, Ms. Pressley, Mrs. Kirkpatrick, Mr. Hastings, Mr. Carbajal, Mr. O'Halleran, Ms. Johnson of Texas, Ms. Haaland, Mr. Rouda, Ms. Shalala, Ms. Wasserman Schultz, Mr. Sean Patrick Maloney of New York, Ms. Frankel, Mr. Soto, Ms. Omar, Ms. Wexton, Ms. Tlaib, Mr. Panetta, Mr. Crow, Mr. Malinowski, Mrs. Davis of California, Mr. Cárdenas, Mr. Lynch, Mr. DeSaulnier, Mr. Smith of Washington, Mr. Suozzi, Ms. Garcia of Texas, Mr. Schneider, Mr. Horsford, Mr. Courtney, Mr. Brendan F. Boyle of Pennsylvania, Mr. Khanna, Ms. Sherrill, Ms. Schrier, Mr. Stanton, Mr. Gallego, Mr. Cummings, Ms. Velázquez, Mr. Morelle, Mr. Beyer, Mr. Espaillat, Miss Rice of New York, Mrs. Carolyn B. Maloney of New York, Ms. Titus, Mr. Larson of Connecticut, Mr. Phillips, Mrs. Bustos, Mr. Perlmutter, Ms. Lee of California, Mr. Neguse, Mr. Yarmuth, Mr. Gottheimer, Mr. Serrano, Ms. Schakowsky, Mr. Pascrell, Mr. Pallone, Ms. Roybal-Allard, Mr. Engel, Mr. McNerney, Mr. Norcross, Mr. Michael F. Doyle of Pennsylvania, Mr. Scott of Virginia, Mr. Himes, Ms. Scanlon, Mr. Ruppersberger, Mr. Kildee, Mr. Higgins of New York, Mr. Sires, Ms. Wild, Ms. Brownley of California, Ms. Moore, Mr. Connolly, Mrs. Lowey, Ms. Houlahan, Mrs. Lawrence, Ms. Hill of California, Mr. Blumenauer, Mrs. Dingell, Mr. Takano, Mr. Moulton, Mrs. Watson Coleman, Mr. Veasey, Mr. Pocan, Ms. Pingree, Ms. Meng, Mr. Cicilline, Mr. Sarbanes, Mr. Rush, Mr. Levin of Michigan, Mr. Lewis, Mr. Brown of Maryland, Mr. Cohen, Ms. DeLauro, Ms. Norton, Mr. Vargas, Mr. Welch, Mr. Cooper, Ms. McCollum, Mr. García of Illinois, Mr. Vela, Mr. Lipinski, Mr. Evans, Mr. Ryan, Mr. Huffman, Mr. Ted Lieu of California, Mrs. Napolitano, Ms. Adams, Mr. Richmond, Ms. DelBene, Mr. Correa, Mr. Rose of New York, Mrs. Murphy, Mr. Pappas, Ms. Gabbard, Mr. Tonko, Mr. Trone, Ms. Porter, Mr. Langevin, Ms. Speier, Mr. Crist, Mr. McEachin, Ms. Sánchez, Mr. Lawson of Florida, Mr. Larsen of Washington, Ms. Wilson of Florida, Mr. Kilmer, Ms. Matsui, Ms. DeGette, Mr. Raskin, Mr. Hoyer, Mr. David Scott of Georgia, Ms. Eshoo, Ms. Lofgren, Mrs. Hayes, Ms. Stevens, Mr. Casten of Illinois, Mr. Garamendi, Ms. Kuster of New Hampshire, Mr. Luján, Ms. Clarke of New York, Ms. Castor of Florida, Mr. Kim, Mr. Price of North Carolina, Ms. Escobar, Mr. Visclosky, Mr. Sherman, Mr. Kennedy, Mr. Schiff, Mr. Johnson of Georgia, Ms. Sewell of Alabama, Mr. Lowenthal, Mr. Grijalva, Mrs. Beatty, Mr. McGovern, Mrs. Luria, Mr. Carson of Indiana, Ms. Waters, Mr. Payne, Mr. Allred, Mr. Foster, Mr. Aguilar, Ms. Judy Chu of California, Mr. Bera, Mr. Van Drew, Ms. Plaskett, Mrs. Demings, Mr. Harder of California, Ms. Fudge, Mrs. Lee of Nevada, Mr. DeFazio, Mr. Danny K. Davis of Illinois, Ms. Spanberger, Mr. Cartwright, Mr. Lamb, Mr. Jeffries, Mr. Krishnamoorthi, Mrs. Torres of California, Mr. Butterfield, Mrs. Craig, Mr. Neal, Mr. Heck, Ms. Blunt Rochester, Ms. Underwood, Mr. San Nicolas, Mr. Costa, Ms. Barragán, Mr. Clyburn, Mr. Cox of California, Mr. Doggett, Mr. Green of Texas, Mr. Meeks, Mr. Clay, Mr. Cleaver, Mr. Gomez, Ms. Jayapal, Ms. Kaptur, Mr. Ruiz, Mr. Castro of Texas, Mr. Loebsack, Mr. Delgado, Mr. Case, Mr. Thompson of Mississippi, Ms. Bass, Ms. Davids of Kansas, Ms. Ocasio-Cortez, Mrs. Axne, Mrs. Fletcher, Mr. Sablan, Ms. Slotkin, Ms. Finkenauer, Mr. Schrader, and Mr. Cunningham

February 22, 2019

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on January 8, 2019

A BILL

To require a background check for every firearm sale.


1.

Short title

This Act may be cited as the Bipartisan Background Checks Act of 2019.

2.

Purpose

The purpose of this Act is to utilize the current background checks process in the United States to ensure individuals prohibited from gun possession are not able to obtain firearms.

3.

Firearms transfers

Section 922 of title 18, United States Code, is amended—

(1)

by striking subsection (s);

(2)

by redesignating subsection (t) as subsection (s); and

(3)

by inserting after subsection (s), as redesignated, the following:

(t)
(1)
(A)

It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s).

(B)

Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee.

(C)

If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter.

(2)

Paragraph (1) shall not apply to—

(A)

a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties;

(B)

a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren;

(C)

a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person;

(D)

a temporary transfer that is necessary to prevent imminent death or great bodily harm, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm;

(E)

a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or

(F)

a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee’s possession of the firearm is exclusively—

(i)

at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting;

(ii)

while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor—

(I)

has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and

(II)

has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or

(iii)

while in the presence of the transferor.

(3)
(A)

Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.

(B)

Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (1).

(C)

Regulations promulgated under this paragraph may not include any provision requiring persons not licensed under this chapter to keep records of background checks or firearms transfers.

(D)

Regulations promulgated under this paragraph may not include any provision placing a cap on the fee licensees may charge to facilitate transfers in accordance with paragraph (1).

(4)

It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General.

.

4.

Technical and conforming amendments

(a)

Section 922

Section 922(y)(2) of title 18, United States Code, is amended in the matter preceding subparagraph (A) by striking , (g)(5)(B), and (s)(3)(B)(v)(II) and inserting and (g)(5)(B).

(b)

Consolidated and Further Continuing Appropriations Act, 2012

Section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note) is amended by striking subsection 922(t) each place it appears and inserting subsection (s) or (t) of section 922.

5.

Rule of construction

Nothing in this Act, or any amendment made by this Act, shall be construed to—

(1)

authorize the establishment, directly or indirectly, of a national firearms registry; or

(2)

interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act.

6.

Effective date

The amendments made by this Act shall take effect 210 days after the date of the enactment of this Act.

February 22, 2019

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed