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S. 4149: Preventing Pretrial Gun Purchases Act


The text of the bill below is as of May 5, 2022 (Introduced).


II

117th CONGRESS

2d Session

S. 4149

IN THE SENATE OF THE UNITED STATES

May 5, 2022

introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To ensure that the background check system used for firearms purchases denies a firearm to a person prohibited from possessing a firearm by a lawful court order governing the pretrial release of the person.

1.

Short title

This Act may be cited as the Preventing Pretrial Gun Purchases Act.

2.

Amendments to the Gun Control Act of 1968

(a)

Section 921

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

(36)

The term pretrial release order means an order of a Federal, State, tribal, or local court that governs the release of an arrested person pending the trial of the person for a crime.

.

(b)

Section 922

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

(1)

in subsection (d)—

(A)

in paragraph (8), by striking or at the end;

(B)

in paragraph (9), by striking the period and inserting ; or; and

(C)

by inserting after paragraph (9) the following:

(10)

is subject to a pretrial release order that prohibits the person from purchasing, possessing, or receiving firearms.

; and

(2)

in subsection (t)—

(A)

in paragraph (1)(B)(ii), by striking receipt of a firearm and all that follows through section and inserting knowing sale or disposition of a firearm by the licensee to such other person or the receipt of a firearm by such other person would violate subsection (d), (g), or (n) of this section;

(B)

in paragraph (2), by striking receipt and all that follows through (n) and inserting the knowing sale or disposition of a firearm to the person or the receipt of a firearm by the person would not violate subsection (d), (g), or (n);

(C)

in paragraph (3)(A)(ii), by striking that possession and inserting that knowing sale or disposition of a firearm by a licensee to such other person or possession;

(D)

in paragraph (4), by striking receipt and all that follows through (n) and inserting knowing sale or disposition of a firearm by a licensee to such other person or the receipt of a firearm by such other person would violate subsection (d), (g), or (n); and

(E)

in paragraph (5), by striking receipt and all that follows through (n) and inserting knowing sale or disposition of a firearm by a licensee to such other person or receipt of a firearm by such other person would violate subsection (d), (g), or (n).

3.

Conforming amendments

(a)

Section 923

Section 923(d)(1)(B) of title 18, United States Code, is amended by striking under section 922(g) and (n) of this chapter and inserting by subsection (g) or (n) of section 922 and is not a person to whom the knowing sale or disposition of any firearm or ammunition is prohibited by section 922(d).

(b)

Section 925A

Section 925A(2) of title 18, United States Code, is amended by inserting and to whom the knowing sale or disposition of a firearm was not prohibited by subsection (d) of that section or State law before the comma.

(c)

Brady Handgun Violence Prevention Act

Section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) is amended—

(1)

in subsection (e)(1)—

(A)

in subparagraph (A), by striking for whom receipt and all that follows through (g) and inserting to whom the knowing sale or disposition of or for whom receipt of a firearm would violate subsection (d), (g),;

(B)

in subparagraph (C), by striking (g) and inserting (d), (g),;

(C)

in subparagraph (F)(iii)(I), by striking (g) or (n) and inserting (d), (g), or (n); and

(D)

in subparagraph (G)(i), by striking (g) or (n) and inserting (d), (g), or (n);

(2)

in subsection (g), by striking receipt of a firearm by a prospective transferee would violate subsection (g) or (n) and inserting the knowing sale or disposition of a firearm to or receipt of a firearm by a prospective transferee would violate subsection (d), (g), or (n); and

(3)

in subsection (i)(2), by striking all that follows after respect to persons, and inserting to whom the knowing sale or disposition of, or for whom receipt of, a firearm is prohibited by subsection (d), (g), or (n) of section 922 of title 18, United States Code, or State law..

(d)

NICS Improvement Amendments Act of 2007

Title I of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40911 et seq.) is amended—

(1)

in section 101(b) (34 U.S.C. 40911(b))—

(A)

in paragraph (1)(A), by striking a person is disqualified from possessing or receiving a firearm under subsection (g) and inserting the knowing sale or disposition of a firearm to a person or receipt of a firearm by a person is prohibited by subsection (d), (g),; and

(B)

in paragraph (2)(A)—

(i)

by striking after the and inserting after a court martial imposes a pretrial release order or the; and

(ii)

by striking a member of the Armed Forces involved in such proceeding is disqualified from possessing or receiving a firearm under subsection (g) or (n) and inserting the knowing sale or disposition of a firearm to or receipt of a firearm by a member of the Armed Forces is prohibited by subsection (d), (g), or (n); and

(2)

in section 102 (34 U.S.C. 40912)—

(A)

in subsection (b)(3), by striking are prohibited from possessing or receiving a firearm under subsection (g) and inserting are described in one of the categories under subsection (d), (g),; and

(B)

in subsection (c)(1)(A), by inserting the knowing sale or disposition of a firearm to a person would be prohibited under subsection (d) of section 922 of title 18, United States Code, or applicable State law or whether after determination of whether.

4.

Funds for States that report pretrial orders restricting firearm possession to NICS

(a)

Definition

In this section, the term covered pretrial release order means an order of a State, Tribal, or local court that governs the release of an arrested individual pending the trial of the individual for a crime, and which prohibits the individual from possessing a firearm or ammunition (as such terms are defined in section 921 of title 18, United States Code).

(b)

Authorization

The Attorney General may make grants to States and Indian Tribes for the purpose of reporting information about covered pretrial release orders to the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901).

(c)

Applications

The chief executive of a State or Indian Tribe seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require.

(d)

Clarification

Grants made under this section shall be in addition to any amount that a State or Indian Tribe receives under section 302(c)(19) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10132(c)(19)) (commonly referred to as the National Criminal History Improvement Program) or section 103 of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40913) (commonly referred to as the NICS Act Record Improvement Program).

(e)

Authorization of appropriations

There is authorized to be appropriated $25,000,000 for each of fiscal years 2023 through 2027 to carry out this section.