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HR 49 Public Safety and Second Amendment Rights Protection Act of 2013
Topic Started: 9 Jun 2013, 10:00 PM (213 Views)
Heather Holson
Member Avatar

48 hours for debate

Quote:
 
Ms. WOODWARD of Colorado, Ms. KILINGER of Illinois, with thanks to Mr. KING of New York submits...

A BILL

To protect Second Amendment rights, ensure that all individuals who should be prohibited from buying a firearm are listed in the National Instant Criminal Background Check System, and provide a responsible and consistent background check process.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Public Safety and Second Amendment Rights Protection Act of 2013’.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Rule of construction.

Sec. 4. Severability.

TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

Sec. 101. Reauthorization of the National Criminal History Records Improvement Program.

Sec. 102. Improvement of metrics and incentives.

Sec. 103. Grants to States for improvement of coordination and automation of NICS record reporting.

Sec. 104. Relief from disabilities program.

Sec. 105. Additional protections for our veterans.

Sec. 106. Clarification that Federal court information is to be made available to the National Instant Criminal Background Check System.

Sec. 107. Clarification that submission of mental health records to the National Instant Criminal Background Check System is not prohibited by the Health Insurance Portability and Accountability Act.

Sec. 108. Publication of NICS index statistics.

Sec. 109. Effective date.

TITLE II--PROVIDING A RESPONSIBLE AND CONSISTENT BACKGROUND CHECK PROCESS

Sec. 201. Purpose.

Sec. 202. Firearms transfers.

Sec. 203. Penalties.

Sec. 204. Firearms dispositions.

Sec. 205. Firearm dealer access to law enforcement information.

Sec. 206. Dealer location.

Sec. 207. Residence of United States officers.

Sec. 208. Interstate transportation of firearms or ammunition.

Sec. 209. Rule of construction.

Sec. 210. Effective date.

TITLE III--NATIONAL COMMISSION ON MASS VIOLENCE

Sec. 301. Short title.

Sec. 302. National Commission on Mass Violence.

Sec. 303. Duties of the Commission.

Sec. 304. Powers of the Commission.

Sec. 305. Commission personnel matters.

Sec. 306. Authorization of appropriations.

Sec. 307. Termination of the Commission.

SEC. 2. FINDINGS.

Congress finds the following:

(1) Congress supports, respects, and defends the fundamental, individual right to keep and bear arms guaranteed by the Second Amendment to the Constitution of the United States.

(2) Congress supports and reaffirms the existing prohibition on a national firearms registry.

(3) Congress believes the Department of Justice should prosecute violations of background check requirements to the maximum extent of the law.

(4) There are deficits in the background check system in existence prior to the date of enactment of this Act and the Department of Justice should make it a top priority to work with States to swiftly input missing records, including mental health records.

(5) Congress and the citizens of the United States agree that in order to promote safe and responsible gun ownership, dangerous criminals and the seriously mentally ill should be prohibited from possessing firearms; therefore, it should be incumbent upon all citizens to ensure weapons are not being transferred to such people.

SEC. 3. RULE OF CONSTRUCTION.

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

(1) expand in any way the enforcement authority or jurisdiction of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; or

(2) allow the establishment, directly or indirectly, of a Federal firearms registry.

SEC. 4. SEVERABILITY.

If any provision of this Act or an amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid for any reason in any court of competent jurisdiction, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any other person or circumstance, shall not be affected.

TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

SEC. 101. REAUTHORIZATION OF THE NATIONAL CRIMINAL HISTORY RECORDS IMPROVEMENT PROGRAM.

Section 106(b) of Public Law 103-159 (18 U.S.C. 922 note) is amended--

(1) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘of this Act’ and inserting ‘of the Public Safety and Second Amendment Rights Protection Act of 2013’; and

(2) by striking paragraph (2) and inserting the following:

‘(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated for grants under this subsection $100,000,000 for each of fiscal years 2014 through 2017.’.

SEC. 102. IMPROVEMENT OF METRICS AND INCENTIVES.

Section 102(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended to read as follows:

‘(b) Implementation Plan-

‘(1) IN GENERAL- Not later than 1 year after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013, the Attorney General, in coordination with the States, shall establish for each State or Indian tribal government desiring a grant under section 103 a 4-year implementation plan to ensure maximum coordination and automation of the reporting of records or making records available to the National Instant Criminal Background Check System.

‘(2) BENCHMARK REQUIREMENTS- Each 4-year plan established under paragraph (1) shall include annual benchmarks, including both qualitative goals and quantitative measures, to assess implementation of the 4-year plan.

‘(3) PENALTIES FOR NON-COMPLIANCE-

‘(A) IN GENERAL- During the 4-year period covered by a 4-year plan established under paragraph (1), the Attorney General shall withhold--

‘(i) 10 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State does not meet the benchmark established under paragraph (2) for the first year in the 4-year period;

‘(ii) 11 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State does not meet the benchmark established under paragraph (2) for the second year in the 4-year period;

‘(iii) 13 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State does not meet the benchmark established under paragraph (2) for the third year in the 4-year period; and

‘(iv) 15 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State does not meet the benchmark established under paragraph (2) for the fourth year in the 4-year period.

‘(B) FAILURE TO ESTABLISH A PLAN- A State that fails to establish a plan under paragraph (1) shall be treated as having not met any benchmark established under paragraph (2).’.

SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION AND AUTOMATION OF NICS RECORD REPORTING.

(a) In General- The NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended--

(1) by striking section 103 and inserting the following:

‘SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION AND AUTOMATION OF NICS RECORD REPORTING.

‘(a) Authorization- From amounts made available to carry out this section, the Attorney General shall make grants to States, Indian Tribal governments, and State court systems, in a manner consistent with the National Criminal History Improvement Program and consistent with State plans for integration, automation, and accessibility of criminal history records, for use by the State, or units of local government of the State, Indian Tribal government, or State court system to improve the automation and transmittal of mental health records and criminal history dispositions, records relevant to determining whether a person has been convicted of a misdemeanor crime of domestic violence, court orders, and mental health adjudications or commitments to Federal and State record repositories in accordance with section 102 and the National Criminal History Improvement Program.

‘(b) Use of Grant Amounts- Grants awarded to States, Indian Tribal governments, or State court systems under this section may only be used to--

‘(1) carry out, as necessary, assessments of the capabilities of the courts of the State or Indian Tribal government for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories;

‘(2) implement policies, systems, and procedures for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories;

‘(3) create electronic systems that provide accurate and up-to-date information which is directly related to checks under the National Instant Criminal Background Check System, including court disposition and corrections records;

‘(4) assist States or Indian Tribal governments in establishing or enhancing their own capacities to perform background checks using the National Instant Criminal Background Check System; and

‘(5) develop and maintain the relief from disabilities program in accordance with section 105.

‘(c) Eligibility-

‘(1) IN GENERAL- To be eligible for a grant under this section, a State, Indian Tribal government, or State court system shall certify, to the satisfaction of the Attorney General, that the State, Indian Tribal government, or State court system--

‘(A) is not prohibited by State law or court order from submitting mental health records to the National Instant Criminal Background Check System; and

‘(B) subject to paragraph (2), has implemented a relief from disabilities program in accordance with section 105.

‘(2) RELIEF FROM DISABILITIES PROGRAM- For purposes of obtaining a grant under this section, a State, Indian Tribal government, or State court system shall not be required to meet the eligibility requirement described in paragraph (1)(B) until the date that is 2 years after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013.

‘(d) Federal Share-

‘(1) STUDIES, ASSESSMENTS, NON-MATERIAL ACTIVITIES- The Federal share of a study, assessment, creation of a task force, or other non-material activity, as determined by the Attorney General, carried out with a grant under this section shall be not more than 25 percent.

‘(2) INFRASTRUCTURE OR SYSTEM DEVELOPMENT- The Federal share of an activity involving infrastructure or system development, including labor-related costs, for the purpose of improving State or Indian Tribal government record reporting to the National Instant Criminal Background Check System carried out with a grant under this section may amount to 100 percent of the cost of the activity.

‘(e) Grants to Indian Tribes- Up to 5 percent of the grant funding available under this section may be reserved for Indian tribal governments for use by Indian tribal judicial systems.

‘(f) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2014 through 2017.’;

(2) by striking title III; and

(3) in section 401(b), by inserting after ‘of this Act’ the following: ‘and 18 months after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013’.

(b) Technical and Conforming Amendment- The table of sections in section 1(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by striking the item relating to section 103 and inserting the following:

‘Sec. 103. Grants to States for improvement of coordination and automation of NICS record reporting.’.

SEC. 104. RELIEF FROM DISABILITIES PROGRAM.

Section 105 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by adding at the end the following:

‘(c) Penalties for Non-Compliance-

‘(1) 10 PERCENT REDUCTION- During the 1-year period beginning 2 years after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013, the Attorney General shall withhold 10 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State has not implemented a relief from disabilities program in accordance with this section.

‘(2) 11 PERCENT REDUCTION- During the 1-year period after the expiration of the period described in paragraph (1), the Attorney General shall withhold 11 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State has not implemented a relief from disabilities program in accordance with this section.

‘(3) 13 PERCENT REDUCTION- During the 1-year period after the expiration of the period described in paragraph (2), the Attorney General shall withhold 13 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State has not implemented a relief from disabilities program in accordance with this section.

‘(4) 15 PERCENT REDUCTION- After the expiration of the 1-year period described in paragraph (3), the Attorney General shall withhold 15 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State has not implemented a relief from disabilities program in accordance with this section.’.

SEC. 105. ADDITIONAL PROTECTIONS FOR OUR VETERANS.

(a) In General- Chapter 55 of title 38, United States Code, is amended by adding at the end the following new section:

‘Sec. 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes

‘(a) In General- In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is determined by the Secretary to be mentally incompetent shall not be considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18 until--

‘(1) in the case in which the person does not request a review as described in subsection (c)(1), the end of the 30-day period beginning on the date on which the person receives notice submitted under subsection (b); or

‘(2) in the case in which the person requests a review as described in paragraph (1) of subsection (c), upon an assessment by the board designated or established under paragraph (2) of such subsection or court of competent jurisdiction that a person cannot safely use, carry, possess, or store a firearm due to mental incompetency.

‘(b) Notice- Notice submitted under this subsection to a person described in subsection (a) is notice submitted by the Secretary that notifies the person of the following:

‘(1) The determination made by the Secretary.

‘(2) A description of the implications of being considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18.

‘(3) The person’s right to request a review under subsection (c)(1).

‘(c) Administrative Review- (1) Not later than 30 days after the date on which a person described in subsection (a) receives notice submitted under subsection (b), such person may request a review by the board designed or established under paragraph (2) or a court of competent jurisdiction to assess whether a person cannot safely use, carry, possess, or store a firearm due to mental incompetency. In such assessment, the board may consider the person’s honorable discharge or decoration.

‘(2) Not later than 180 days after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013, the Secretary shall designate or establish a board that shall, upon request of a person under paragraph (1), assess whether a person cannot safely use, carry, possess, or store a firearm due to mental incompetency.

‘(d) Judicial Review- Not later than 30 days after the date of an assessment of a person under subsection (c) by the board designated or established under paragraph (2) of such subsection, such person may file a petition for judicial review of such assessment with a Federal court of competent jurisdiction.

‘(e) Protecting Rights of Veterans With Existing Records- Not later than 90 days after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013, the Secretary shall provide written notice of the opportunity for administrative review and appeal under subsection (c) to all persons who, on the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013, are considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18 as a result of having been found by the Department of Veterans Affairs to be mentally incompetent.

‘(f) Future Determinations-

‘(1) IN GENERAL- Not later than 180 days after the enactment of the Public Safety and Second Amendment Rights Protection Act of 2013, the Secretary shall review the policies and procedures by which individuals are determined to be mentally incompetent, and shall revise such policies and procedures as necessary to ensure that any individual who is competent to manage his own financial affairs, including his receipt of Federal benefits, but who voluntarily turns over the management thereof to a fiduciary is not considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18.

‘(2) REPORT- Not later than 30 days after the Secretary has made the review and changes required under paragraph (1), the Secretary shall submit to Congress a report detailing the results of the review and any resulting policy and procedural changes.’.

(b) Clerical Amendment- The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item:

‘5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes.’.

(c) Applicability- Section 5511 of title 38, United States Code (as added by this section), shall apply only with respect to persons who are determined by the Secretary of Veterans Affairs, on or after the date of the enactment of this Act, to be mentally incompetent, except that those persons who are provided notice pursuant to section 5511(e) of such title shall be entitled to use the administrative review under section 5511(c) of such title and, as necessary, the subsequent judicial review under section 5511(d) of such title.

SEC. 106. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

Section 103(e)(1) of Public Law 103-159 (18 U.S.C. 922 note), is amended by adding at the end the following:

‘(F) APPLICATION TO FEDERAL COURTS- In this subsection--

‘(i) the terms ‘department or agency of the United States’ and ‘Federal department or agency’ include a Federal court; and

‘(ii) for purposes of any request, submission, or notification, the Director of the Administrative Office of the United States Courts shall perform the functions of the head of the department or agency.’.

SEC. 107. CLARIFICATION THAT SUBMISSION OF MENTAL HEALTH RECORDS TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM IS NOT PROHIBITED BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT.

Information collected under section 102(c)(3) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to assist the Attorney General in enforcing section 922(g)(4) of title 18, United States Code, shall not be subject to the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note).

SEC. 108. PUBLICATION OF NICS INDEX STATISTICS.

Not later than 180 days after the date of enactment of this Act, and biannually thereafter, the Attorney General shall make the National Instant Criminal Background Check System index statistics available on a publically accessible Internet website.

SEC. 109. EFFECTIVE DATE.

The amendments made by this title shall take effect 180 days after the date of enactment of this Act.

TITLE II--PROVIDING A RESPONSIBLE AND CONSISTENT BACKGROUND CHECK PROCESS

SEC. 201. PURPOSE.

The purpose of this title is to enhance the current background check process in the United States to ensure criminals and the mentally ill are not able to purchase firearms.

SEC. 202. FIREARMS TRANSFERS.

(a) In General- Section 922 of title 18, United States Code, is amended--

(1) by repealing subsection (s);

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

(3) in subsection (s), as redesignated--

(A) in paragraph (1)(B)--

(i) in clause (i), by striking ‘or’;

(ii) in clause (ii), by striking ‘and’ at the end; and

(iii) by adding at the end the following:

‘(iii) in the case of an instant background check conducted at a gun show or event during the 4-year period beginning on the effective date under section 210(a) of the Public Safety and Second Amendment Rights Protection Act of 2013, 48 hours have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; or

‘(iv) in the case of an instant background check conducted at a gun show or event after the 4-year period described in clause (iii), 24 hours have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; and’;

(B) in paragraph (3)(C)(ii), by striking ‘(as defined in subsection (s)(8))’; and

(C) by adding at the end the following:

‘(7) In this subsection--

‘(A) the term ‘chief law enforcement officer’ means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual; and

‘(B) the term ‘gun show or event’ has the meaning given the term in subsection (t)(7).

‘(8) The Federal Bureau of Investigation shall not charge a user fee for a background check conducted pursuant to this subsection.

‘(9) Notwithstanding any other provision of this chapter, upon receiving a request for an instant background check that originates from a gun show or event, the system shall complete the instant background check before completing any pending instant background check that did not originate from a gun show or event.’; and

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

‘(t)(1) Beginning on the date that is 180 days after the date of enactment of this subsection and except as provided in paragraph (2), it shall be unlawful for any person other than a licensed dealer, licensed manufacturer, or licensed importer to complete the transfer of a firearm to any other person who is not licensed under this chapter, if such transfer occurs--

‘(A) at a gun show or event, on the curtilage thereof; or

‘(B) pursuant to an advertisement, posting, display or other listing on the Internet or in a publication by the transferor of his intent to transfer, or the transferee of his intent to acquire, the firearm.

‘(2) Paragraph (1) shall not apply if--

‘(A) the transfer is made after a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s), and upon taking possession of the firearm, the licensee--

‘(i) complies with all requirements of this chapter as if the licensee were transferring the firearm from the licensee’s business inventory to the unlicensed transferee, except that when processing a transfer under this chapter the licensee may accept in lieu of conducting a background check a valid permit issued within the previous 5 years by a State, or a political subdivision of a State, that allows the transferee to possess, acquire, or carry a firearm, if the law of the State, or political subdivision of a State, that issued the permit requires that such permit is issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law;

‘(B) the transfer is made between an unlicensed transferor and an unlicensed transferee residing in the same State, which takes place in such State, if--

‘(i) the Attorney General certifies that State in which the transfer takes place has in effect requirements under law that are generally equivalent to the requirements of this section; and

‘(ii) the transfer was conducted in compliance with the laws of the State;

‘(C) the transfer is made between spouses, between parents or spouses of parents and their children or spouses of their children, between siblings or spouses of siblings, or between grandparents or spouses of grandparents and their grandchildren or spouses of their grandchildren, or between aunts or uncles or their spouses and their nieces or nephews or their spouses, or between first cousins, if the transferor does not know or have reasonable cause to believe that the transferee is prohibited from receiving or possessing a firearm under Federal, State, or local law; or

‘(D) the Attorney General has approved the transfer under section 5812 of the Internal Revenue Code of 1986.

‘(3) A licensed importer, licensed manufacturer, or licensed dealer who processes a transfer of a firearm authorized under paragraph (2)(A) shall not be subject to a license revocation or license denial based solely upon a violation of those paragraphs, or a violation of the rules or regulations promulgated under this paragraph, unless the licensed importer, licensed manufacturer, or licensed dealer--

‘(A) knows or has reasonable cause to believe that the information provided for purposes of identifying the transferor, transferee, or the firearm is false;

‘(B) knows or has reasonable cause to believe that the transferee is prohibited from purchasing, receiving, or possessing a firearm by Federal or State law, or published ordinance; or

‘(C) knowingly violates any other provision of this chapter, or the rules or regulations promulgated thereunder.

‘(4)(A) Notwithstanding any other provision of this chapter, except for section 923(m), 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 (2)(A).

‘(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 (2)(A).

‘(5)(A) A person other than a licensed importer, licensed manufacturer, or licensed dealer, who makes a transfer of a firearm in accordance with this section, or who is the organizer of a gun show or event at which such transfer occurs, shall be immune from a qualified civil liability action relating to the transfer of the firearm as if the person were a seller of a qualified product.

‘(B) A provider of an interactive computer service shall be immune from a qualified civil liability action relating to the transfer of a firearm as if the provider of an interactive computer service were a seller of a qualified product.

‘(C) In this paragraph--

‘(i) the term ‘interactive computer service’ shall have the meaning given the term in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)); and

‘(ii) the terms ‘qualified civil liability action’, ‘qualified product’, and ‘seller’ shall have the meanings given the terms in section 4 of the Protection of Lawful Commerce in Arms Act (15 U.S.C. 7903).

‘(D) Nothing in this paragraph shall be construed to affect the immunity of a provider of an interactive computer service under section 230 of the Communications Act of 1934 (47 U.S.C. 230).

‘(6) In any civil liability action in any State or Federal court arising from the criminal or unlawful use of a firearm following a transfer of such firearm for which no background check was required under this section, this section shall not be construed--

‘(A) as creating a cause of action for any civil liability; or

‘(B) as establishing any standard of care.

‘(7) For purposes of this subsection, the term ‘gun show or event’--

‘(A) means any event at which 75 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; and

‘(B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923.’.

(b) Prohibiting the Seizure of Records or Documents- Section 923(g)(1)(D) is amended by striking, ‘The inspection and examination authorized by this paragraph shall not be construed as authorizing the Attorney General to seize any records or other documents other than those records or documents constituting material evidence of a violation of law,’ and inserting the following: ‘The Attorney General shall be prohibited from seizing any records or other documents in the course of an inspection or examination authorized by this paragraph other than those records or documents constituting material evidence of a violation of law.’.

(c) Prohibition of National Gun Registry- Section 923 of title 18, United States Code, is amended by adding at the end the following:

‘(m) The Attorney General may not consolidate or centralize the records of the--

‘(1) acquisition or disposition of firearms, or any portion thereof, maintained by--

‘(A) a person with a valid, current license under this chapter;

‘(B) an unlicensed transferor under section 922(t); or

‘(2) possession or ownership of a firearm, maintained by any medical or health insurance entity.’.

(d) Technical and Conforming Amendments-

(1) 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)’.

(2) 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)’ and inserting ‘subsection (s) or (t) of section 922’ each place it appears.

SEC. 203. PENALTIES.

Section 924 of title 18, United States Code, is amended--

(1) in subsection (a), by adding at the end the following:

‘(8) Whoever makes or attempts to make a transfer of a firearm in violation of section 922(t) to a person not licensed under this chapter who is prohibited from receiving a firearm under subsection (g) or (n) of section 922 or State law, to a law enforcement officer, or to a person acting at the direction of, or with the approval of, a law enforcement officer authorized to investigate or prosecute violations of section 922(t), shall be fined under this title, imprisoned not more than 5 years, or both.’; and

(2) by adding at the end the following:

‘(q) Improper Use of Storage of Records- Any person who knowingly violates section 923(m) shall be fined under this title, imprisoned not more than 15 years, or both.’.

SEC. 204. FIREARMS DISPOSITIONS.

Section 922(b)(3) of title 18, United States Code, is amended--

(1) in the matter preceding subparagraph (A), by striking ‘located’ and inserting ‘located or temporarily located’; and

(2) in subparagraph (A)--

(A) by striking ‘rifle or shotgun’ and inserting ‘firearm’;

(B) by striking ‘located’ and inserting ‘located or temporarily located’; and

(C) by striking ‘both such States’ and inserting ‘the State in which the transfer is conducted and the State of residence of the transferee’.

SEC. 205. FIREARM DEALER ACCESS TO LAW ENFORCEMENT INFORMATION.

Section 103(b) of Public Law 103-159 (18 U.S.C. 922 note), is amended--

(1) by striking ‘Not later than’ and inserting the following:

‘(1) IN GENERAL- Not later than’; and

(2) by adding at the end the following:

‘(2) VOLUNTARY BACKGROUND CHECKS- Not later than 90 days after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013, the Attorney General shall promulgate regulations allowing licensees to use the National Instant Criminal Background Check System established under this section for purposes of conducting voluntary preemployment background checks on prospective employees.’.

SEC. 206. DEALER LOCATION.

Section 923 of title 18, United States Code, is amended--

(1) in subsection (j)--

(A) in the first sentence, by striking ‘, and such location is in the State which is specified on the license’; and

(B) in the last sentence--

(i) by inserting ‘transfer,’ after ‘sell,’; and

(ii) by striking ‘Act,’ and all that follows and inserting ‘Act.’; and

(2) by adding after subsection (m), as added by section 202(c), the following:

‘(n) Nothing in this chapter shall be construed to prohibit the sale, transfer, delivery, or other disposition of a firearm or ammunition not otherwise prohibited under this chapter--

‘(1) by a person licensed under this chapter to another person so licensed, at any location in any State; or

‘(2) by a licensed importer, licensed manufacturer, or licensed dealer to a person not licensed under this chapter, at a temporary location described in subsection (j) in any State.’.

SEC. 207. RESIDENCE OF UNITED STATES OFFICERS.

Section 921 of title 18, United States Code, is amended by striking subsection (b) and inserting the following:

‘(b) For purposes of this chapter:

‘(1) A member of the Armed Forces on active duty, or a spouse of such a member, is a resident of--

‘(A) the State in which the member or spouse maintains legal residence;

‘(B) the State in which the permanent duty station of the member is located; and

‘(C) the State in which the member maintains a place of abode from which the member commutes each day to the permanent duty station of the member.

‘(2) An officer or employee of the United States (other than a member of the Armed Forces) who is stationed outside the United States for a period of more than 1 year, and a spouse of such an officer or employee, is a resident of the State in which the person maintains legal residence.’.

SEC. 208. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.

(a) In General- Section 926A of title 18, United States Code, is amended to read as follows:

‘Sec. 926A. Interstate transportation of firearms or ammunition

‘(a) Definition- In this section, the term ‘transport’--

‘(1) includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport; and

‘(2) does not include transportation--

‘(A) with the intent to commit a crime punishable by imprisonment for a term exceeding 1 year that involves a firearm; or

‘(B) with knowledge, or reasonable cause to believe, that a crime described in subparagraph (A) is to be committed in the course of, or arising from, the transportation.

‘(b) Authorization- Notwithstanding any provision of any law (including a rule or regulation) of a State or any political subdivision thereof, a person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to--

‘(1) transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation--

‘(A) the firearm is unloaded; and

‘(B)(i) if the transportation is by motor vehicle--

‘(I) the firearm is not directly accessible from the passenger compartment of the motor vehicle; or

‘(II) if the motor vehicle is without a compartment separate from the passenger compartment, the firearm is--

‘(aa) in a locked container other than the glove compartment or console; or

‘(bb) secured by a secure gun storage or safety device; or

‘(ii) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device; and

‘(2) transport ammunition for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, to any other such place if, during the transportation--

‘(A) the ammunition is not loaded into a firearm; and

‘(B)(i) if the transportation is by motor vehicle--

‘(I) the ammunition is not directly accessible from the passenger compartment of the motor vehicle; or

‘(II) if the motor vehicle is without a compartment separate from the passenger compartment, the ammunition is in a locked container other than the glove compartment or console; or

‘(ii) if the transportation is by other means, the ammunition is in a locked container.

‘(c) Limitation on Arrest Authority- A person who is transporting a firearm or ammunition may not be--

‘(1) arrested for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is probable cause that the transportation is not in accordance with subsection (b); or

‘(2) detained for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is reasonable suspicion that the transportation is not in accordance with subsection (b).’.

(b) Technical and Conforming Amendment- The table of sections for chapter 44 of title 18, United States Code, is amended by striking the item relating to section 926A and inserting the following:

‘926A. Interstate transportation of firearms or ammunition.’.

SEC. 209. RULE OF CONSTRUCTION.

Nothing in this title, or an amendment made by this title, shall be construed--

(1) to extend background check requirements to transfers other than those made at gun shows or on the curtilage thereof, or pursuant to an advertisement, posting, display, or other listing on the Internet or in a publication by the transferor of the intent of the transferor to transfer, or the transferee of the intent of the transferee to acquire, the firearm; or

(2) to extend background check requirements to temporary transfers for purposes including lawful hunting or sporting or to temporary possession of a firearm for purposes of examination or evaluation by a prospective transferee.

SEC. 210. EFFECTIVE DATE.

(a) In General- Except as provided in subsection (b), this title and the amendments made by this title shall take effect 180 days after the date of enactment of this Act.

(b) Firearm Dealer Access to Law Enforcement Information- Section 205 and the amendments made by section 205 shall take effect on the date of enactment of this Act.

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Heather Holson
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Amendment accepted as friendly. Debate has now ended. A vote shall now take place.
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