IB 116TH CONGRESS 1ST SESSION H. R. 8 Union Calendar No. 3 [Report No. 116 11] To require a background check for every firearm sale. IN THE HOUSE OF REPRESENTATIVES JANUARY 8, 2019 Mr. THOMPSON of California (for himself, Mr. KING of New York, Mr. NAD- LER, 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. MI- CHAEL 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, VerDate Sep 11 2014 21:39 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H8.RH H8
2 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. PIN- GREE, 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. LAR- SEN 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 ROCH- ESTER, 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. VerDate Sep 11 2014 21:39 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H8.RH H8
3 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 1. SHORT TITLE. This Act may be cited as the Bipartisan Background Checks Act of 2019. SEC. 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. SEC. 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). VerDate Sep 11 2014 21:39 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H8.RH H8
4 1 (B) Upon taking possession of a firearm under sub- 2 paragraph (A), a licensee shall comply with all require- 3 ments of this chapter as if the licensee were transferring 4 the firearm from the inventory of the licensee to the unli- 5 censed transferee. 6 (C) If a transfer of a firearm described in subpara- 7 graph (A) will not be completed for any reason after a li- 8 censee takes possession of the firearm (including because the 9 transfer of the firearm to, or receipt of the firearm by, the 10 transferee would violate this chapter), the return of the fire- 11 arm to the transferor by the licensee shall not constitute 12 the transfer of a firearm for purposes of this chapter. 13 (2) Paragraph (1) shall not apply to 14 (A) a law enforcement agency or any law en- 15 forcement officer, armed private security professional, 16 or member of the armed forces, to the extent the offi- 17 cer, professional, or member is acting within the 18 course and scope of employment and official duties; 19 (B) a transfer that is a loan or bona fide gift 20 between spouses, between domestic partners, between 21 parents and their children, between siblings, between 22 aunts or uncles and their nieces or nephews, or be- 23 tween grandparents and their grandchildren; 24 (C) a transfer to an executor, administrator, 25 trustee, or personal representative of an estate or a VerDate Sep 11 2014 21:39 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H8.RH H8
5 1 trust that occurs by operation of law upon the death 2 of another person; 3 (D) a temporary transfer that is necessary to 4 prevent imminent death or great bodily harm, if the 5 possession by the transferee lasts only as long as im- 6 mediately necessary to prevent the imminent death or 7 great bodily harm; 8 (E) a transfer that is approved by the Attorney 9 General under section 5812 of the Internal Revenue 10 Code of 1986; or 11 (F) a temporary transfer if the transferor has 12 no reason to believe that the transferee will use or in- 13 tends to use the firearm in a crime or is prohibited 14 from possessing firearms under State or Federal law, 15 and the transfer takes place and the transferee s pos- 16 session of the firearm is exclusively 17 (i) at a shooting range or in a shooting 18 gallery or other area designated for the purpose 19 of target shooting; 20 (ii) while reasonably necessary for the pur- 21 poses of hunting, trapping, or fishing, if the 22 transferor 23 (I) has no reason to believe that the 24 transferee intends to use the firearm in a 25 place where it is illegal; and VerDate Sep 11 2014 21:39 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H8.RH H8
6 1 (II) has reason to believe that the 2 transferee will comply with all licensing 3 and permit requirements for such hunting, 4 trapping, or fishing; or 5 (iii) while in the presence of the transferor. 6 (3)(A) Notwithstanding any other provision of this 7 chapter, the Attorney General may implement this sub- 8 section with regulations. 9 (B) Regulations promulgated under this paragraph 10 may not include any provision requiring licensees to facili- 11 tate transfers in accordance with paragraph (1). 12 (C) Regulations promulgated under this paragraph 13 may not include any provision requiring persons not li- 14 censed under this chapter to keep records of background 15 checks or firearms transfers. 16 (D) Regulations promulgated under this paragraph 17 may not include any provision placing a cap on the fee 18 licensees may charge to facilitate transfers in accordance 19 with paragraph (1). 20 (4) It shall be unlawful for a licensed importer, li- 21 censed manufacturer, or licensed dealer to transfer posses- 22 sion of, or title to, a firearm to another person who is not 23 so licensed unless the importer, manufacturer, or dealer has 24 provided such other person with a notice of the prohibition 25 under paragraph (1), and such other person has certified VerDate Sep 11 2014 21:39 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H8.RH H8
7 1 that such other person has been provided with this notice 2 on a form prescribed by the Attorney General.. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SEC. 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 AP- PROPRIATIONS 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. SEC. 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. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect 210 days after the date of the enactment of this Act. VerDate Sep 11 2014 21:39 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H8.RH H8
Union Calendar No. 3 116TH CONGRESS 1ST SESSION H. R. 8 [Report No. 116 11] A BILL To require a background check for every firearm sale. 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 VerDate Sep 11 2014 21:39 Feb 22, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H8.RH H8