Text of H.R.21: NRA Members' Gun Safety Act of 2013


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Jorg Nysgerrig
January 13, 2013, 11:36 PM
Interesting this one is listed as an NRA members bill.

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http://www.gpo.gov/fdsys/pkg/BILLS-113hr21ih/pdf/BILLS-113hr21ih.pdf

H.R.21

NRA Members' Gun Safety Act of 2013 (Introduced in House - IH)

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January 3, 2013

Mr. MORAN introduced the following bill; which was referred to the Committee on the Judiciary

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A BILL

To provide for greater safety in the use of firearms.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `NRA Members' Gun Safety Act of 2013'.


TITLE I--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE


SEC. 101. PURPOSE.

The purpose of this title is to extend the Brady Law background check procedures to all sales and transfers of firearms.

SEC. 102. FIREARMS TRANSFERS.

(a) In General- Chapter 44 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 932. Background checks for firearm transfers by unlicensed persons

`(a) Definitions- In this section--
`(1) the term `unlicensed transferee' means a person who--
`(A) is not licensed under this chapter; and
`(B) desires to receive a firearm from an unlicensed transferor; and
`(2) the term `unlicensed transferor' means a person who--
`(A) is not licensed under this chapter; and
`(B) desires to transfer a firearm to an unlicensed transferee.
`(b) Responsibilities of Transferors Other Than Licensees-
`(1) IN GENERAL- It shall be unlawful for an unlicensed transferor to transfer a firearm to an unlicensed transferee, unless the firearm is transferred--
`(A)(i) through a licensed dealer under subsection (d);
`(ii) through a law enforcement agency under subsection (e);
`(iii) after inspecting a permit that confirms a background check under subsection (f); or
`(iv) in accordance with an exception described in subsection (g); and
`(B) in accordance with paragraph (2).
`(2) CRIMINAL BACKGROUND CHECKS- Except as provided in subsection (g), an unlicensed transferor--
`(A) subject to subparagraph (B), may not transfer a firearm to an unlicensed transferee until--
`(i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A);
`(ii) the law enforcement agency through which the transfer is made under subsection (e) makes a notification described in subsection (e)(4)(A); or
`(iii) the unlicensed transferee has presented a permit that confirms that a background check has been conducted, as described in subsection (f); and
`(B) may not transfer a firearm to an unlicensed transferee if--
`(i) the licensed dealer through which the transfer is made under subsection (d) makes the notification described in subsection (d)(3)(B); or
`(ii) the law enforcement agency through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B).
`(3) ABSENCE OF RECORDKEEPING REQUIREMENTS- Nothing in this section shall permit or authorize the Attorney General to impose recordkeeping requirements on any unlicensed transferor.
`(c) Responsibilities of Transferees Other Than Licensees-
`(1) IN GENERAL- It shall be unlawful for an unlicensed transferee to receive a firearm from an unlicensed transferor, unless the firearm is transferred--
`(A)(i) through a licensed dealer under subsection (d);
`(ii) through a law enforcement agency under subsection (e);
`(iii) after inspecting a permit that confirms a background check in accordance with subsection (f); or
`(iv) in accordance with an exception described in subsection (g); and
`(B) in accordance with paragraph (2).
`(2) CRIMINAL BACKGROUND CHECKS- Except as provided in subsection (g), an unlicensed transferee--
`(A) subject to subparagraph (B), may not receive a firearm from an unlicensed transferor until--
`(i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A);
`(ii) the law enforcement agency through which the transfer is made under subsection (e) makes a notification described in subsection (e)(4)(A); or
`(iii) the unlicensed transferee has presented a permit that confirms that a background check described in subsection (f) has been conducted; and
`(B) may not receive a firearm from another unlicensed transferor if--
`(i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(B); or
`(ii) the law enforcement agency through which the transfer is made under subsection (e) makes a notification described in subsection (e)(4)(B).
`(d) Background Checks Through Licensed Dealers- A licensed dealer who agrees to assist in the transfer of a firearm between unlicensed transferor and an unlicensed transferee shall--
`(1) enter such information about the firearm as the Attorney General may require by regulation into a separate bound record;
`(2) record the transfer on a form specified by the Attorney General;
`(3) comply with section 922(t) as if transferring the firearm from the inventory of the licensed dealer to the unlicensed transferee (except that a licensed dealer assisting in the transfer of a firearm under this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the unlicensed transferee) and notify the unlicensed transferor and unlicensed transferee--
`(A) of such compliance; and
`(B) if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or State law;
`(4) not later than 31 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which--
`(A) shall be on a form specified by the Attorney General by regulation; and
`(B) shall not include the name of or other identifying information relating to the unlicensed transferor or unlicensed transferee;
`(5) if the licensed dealer assists an unlicensed transferor in transferring, at the same time or during any 5 consecutive business days, two or more pistols or revolvers, or any combination of pistols and revolvers totaling two or more, to the same unlicensed transferee, in addition to the reports required under paragraph (4), prepare a report of the multiple transfers, which shall--
`(A) be prepared on a form specified by the Attorney General; and
`(B) not later than the close of business on the date on which the transfer requiring the report under this paragraph occurs, be submitted to--
`(i) the office specified on the form described in subparagraph (A); and
`(ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and
`(6) retain a record of the transfer as part of the permanent business records of the licensed dealer.
`(e) Background Checks Through Law Enforcement Agencies- A State or local law enforcement agency that agrees to assist an unlicensed transferor in carrying out the responsibilities of the unlicensed transferor under subsection (b) with respect to the transfer of a firearm shall--
`(1)(A) contact the national instant criminal background check system under section 922(t); and
`(B)(i) receive an identification number as described in section 922(t)(1)(B)(i); or
`(ii) wait the period described in 922(t)(1)(B)(ii);
`(2) conduct such other checks as the agency considers appropriate to determine whether the receipt or possession of the firearm by the unlicensed transferee would violate section 922 or State law;
`(3) verify the identity of the unlicensed transferee by--
`(A) examining a valid identification document (as defined in section 1028(d)) of the unlicensed transferee containing a photograph of the unlicensed transferee; or
`(B) confirming that the unlicensed transferor has examined a valid identification document described in subparagraph (A);
`(4) notify the unlicensed transferor and transferee--
`(A) of the compliance by the law enforcement agency with the requirements under paragraphs (1), (2), and (3); and
`(B) of any receipt by the law enforcement agency of a notification from the national instant criminal background check system or other information that the transfer would violate section 922 or would violate State law;
`(5) not later than 31 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which--
`(A) shall be on a form specified by the Attorney General by regulation; and
`(B) shall not include the name of or other identifying information relating to the unlicensed transferor or unlicensed transferee;
`(6) if the law enforcement agency assists an unlicensed transferor in transferring, at the same time or during any 5 consecutive business days, two or more pistols or revolvers, or any combination of pistols and revolvers totaling two or more, to the same unlicensed transferee, in addition to the reports required under paragraph (5), prepare a report of the multiple transfers, which shall be--
`(A) prepared on a form specified by the Attorney General; and
`(B) not later 24 hours after the transfer requiring the report under this paragraph occurs, submitted to--
`(i) the office specified on the form described in subparagraph (A); and
`(ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and
`(7) maintain records of the transfer at such place, and in such form, as the Attorney General may prescribe.
`(f) Purchase Permits Confirming Background Checks- An unlicensed transferor may transfer a firearm to an unlicensed transferee if the unlicensed transferor verifies that--
`(1) the unlicensed transferee has presented to a licensed dealer or a law enforcement official a permit or license that allows the unlicensed transferee to possess, acquire, or carry a firearm, and the licensed dealer or law enforcement official, as the case may be, has verified to the unlicensed transferor that the permit or license is valid;
`(2) the permit or license was issued not more than 5 years before the date on which the permit or license is presented under paragraph (1) by a law enforcement agency in the State in which the transfer is to take place;
`(3) the law of the State provides that the permit or license is to be issued only after a law enforcement official has verified that neither the national instant criminal background check system nor other information indicates that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law; and
`(4) if the permit or license does not include a photograph of the unlicensed transferee, the unlicensed transferor has examined a valid identification document (as defined in section 1028(d)) of the unlicensed transferee containing a photograph of the unlicensed transferee.
`(g) Exceptions- Unless prohibited by any other provision of law, subsections (b) and (c) shall not apply to any transfer of a firearm between an unlicensed transferor and unlicensed transferee, if--
`(1) the transfer is a bona fide gift between immediate family members, including spouses, parents, children, siblings, grandparents, and grandchildren;
`(2) the transfer occurs by operation of law, or because of the death of another person for whom the unlicensed transferor is an executor or administrator of an estate or a trustee of a trust created in a will;
`(3) the transfer is temporary and occurs while in the home of the unlicensed transferee, if--
`(A) the unlicensed transferee is not otherwise prohibited from possessing firearms; and
`(B) the unlicensed transferee believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the unlicensed transferee;
`(4) the transfer is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or
`(5) upon application of the unlicensed transferor, the Attorney General determined that compliance with subsection (b) is impracticable because--
`(A) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025;
`(B) the location at which the transfer is to occur is extremely remote in relation to the chief law enforcement officer (as defined in section 922(s)(8)); and
`(C) there is an absence of telecommunications facilities in the geographical area in which the unlicensed transferor is located; or
`(6) the transfer is a temporary transfer of possession without transfer of title that takes place--
`(A) at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms;
`(B) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization; or
`(C) while hunting, fishing, or trapping, if--
`(i) the activity is legal in all places where the unlicensed transferee possesses the firearm; and
`(ii) the unlicensed transferee holds any required license or permit.
`(h) Processing Fees- A licensed dealer or law enforcement agency that processes the transfer of a firearm under this section may assess and collect a fee, in an amount not to exceed $15, with respect to each firearm transfer processed.
`(i) Records- Nothing in subsection (e)(7) shall be construed to authorize the Attorney General to inspect records described in such subsection or to require that the records be transferred to a facility owned, managed, or controlled by the United States.'.
(b) Penalties- Section 924(a)(5) of title 18, United States Code, is amended by inserting `or section 932' after `section 922'.
(c) Conforming Amendment- The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following:
`932. Background checks for firearm transfers by unlicensed persons.'.

SEC. 103. EFFECTIVE DATE.

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


TITLE II--BACKGROUND CHECKS FOR GUN SHOP EMPLOYEES


SEC. 201. BACKGROUND CHECKS REQUIRED FOR EMPLOYEES AUTHORIZED TO POSSESS OR TRANSFER FIREARMS OR AMMUNITION IN THE COURSE OF A LICENSED FIREARM BUSINESS.

(a) In General- Section 923 of title 18, United States Code, is amended by adding at the end the following:
`(m)(1)(A) It shall be unlawful for a licensed dealer to authorize an employee hired by the employer on or after the effective date of this subsection to possess or transfer a firearm or ammunition in the course of employment with the licensed dealer, unless the licensed dealer has received from the Attorney General a notice that the Attorney General has determined that receipt of a firearm by the employee would not be unlawful.
`(B) Beginning 3 months after the effective date of this subsection, it shall be unlawful for a licensed dealer to authorize an employee hired by the employer before the effective date of this subsection, to possess or transfer a firearm or ammunition in the course of employment with the licensed dealer, unless the licensed dealer has received from the Attorney General a notice that the Attorney General has determined that receipt of a firearm by the employee would not be unlawful.
`(2) The Attorney General may temporarily waive the applicability of paragraph (1) to an employer with respect to an employee about whom the employer has submitted to the Attorney General the information described in paragraph (3) if the Attorney General determines that the Attorney General will be unable to make a determination under paragraph (3) with respect to the employee in a timely manner.
`(3)(A) If the Attorney General receives from a licensed dealer the name and other identifying information of an employee who will be authorized by the licensed dealer to possess or transfer a firearm in the course of employment with the licensed dealer, the Attorney General shall determine whether it would be unlawful for the employee to receive a firearm under Federal law or under the law of any State or locality in which the employee may be so authorized. In making the determination, the Attorney General may take into account a letter or document issued under subparagraph (B).
`(B)(i) If the Attorney General determines that such a receipt of a firearm by the employee would not be unlawful, the Attorney General shall notify the licensed dealer in writing or electronically of the determination, and issue to the employee a letter of clearance, which confirms the determination.
`(ii) If the Attorney General determines that such a receipt of a firearm by the employee would be unlawful, the Attorney General shall notify the licensed dealer in writing or electronically of the determination, and issue to the employee a document that--
`(I) confirms the determination;
`(II) explains the grounds for the determination;
`(III) provides information on how the disability may be relieved; and
`(IV) explains how the determination may be appealed.'.
(b) Penalties-
(1) ADMINISTRATIVE- Section 923(e) of such title is amended by inserting `knowingly violated subsection (m)(1) or' before `willfully violated'.
(2) CRIMINAL- Section 924(a)(1)(D) of such title is amended by inserting `knowingly violates section 923(m)(1) or' before `willfully'.
(c) Correction of Erroneous System Information- Section 103(g) of the Brady Handgun Violence Prevention Act (18 U.S.C.

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rjrivero
January 13, 2013, 11:50 PM
That looks like a pain in the ass for the Attorney General. Maybe I would be less jaded if they didn't get caught walking guns into Mexico.

NavyLCDR
January 13, 2013, 11:57 PM
Why in heck is this called the NRA Members Gun Safety Act? Is the NRA really backing this? It wouldn't surprise me if they were, which is why I refuse to be a member of the compromising NRA.

morcey2
January 14, 2013, 12:02 AM
Why in heck is this called the NRA Members Gun Safety Act? Is the NRA really backing this? It wouldn't surprise me if they were, which is why I refuse to be a member of the compromising NRA.
The title is Rep. Moran's way of flipping off the NRA. They have nothing to do with this.

Coop45
January 14, 2013, 12:08 AM
Settle down sailor. The name implies that it was the brainchild of an NRA member, not the NRA. I think Goebbels would be proud of all the disinformation coming out of the anti's.

coloradokevin
January 14, 2013, 12:17 AM
Actually, if I'm not mistaken, the location of the apostrophe indicates that this was a plan of (at least) more than one NRA member.

But, if the NRA has had nothing to do with this, I'd REALLY like to see them getting on the horn about it, since this bill's author is CLEARLY trying to make it appear as if this bill was either sponsored or supported by the NRA.

If this is an NRA "sanctioned" bill, I'll never hand that organization another dime.

coloradokevin
January 14, 2013, 12:25 AM
Incidentally, it sounds like this bill was titled on the author's belief that supposedly '63% of NRA members support it'.

I find that hard to believe!

http://moran.house.gov/sites/moran.house.gov/files/documents/FactSheet_NRAMembersGunSafetyAct.pdf

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