Ohio Gun Guy
Member
Text of the Bill, under Transfer
`(t)(1) Beginning on the date that is 180 days after the date of enactment of the Fix Gun Checks Act of 2013, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to any other person who is not licensed under this chapter, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s). Upon taking possession of the firearm, the licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the licensee's inventory to the unlicensed transferee.
`(2) Paragraph (1) shall not apply to--
`(A) bona fide gifts between spouses, between parents and their children, between siblings, or between grandparents and their grandchildren;
`(B) a transfer made from a decedent's estate, pursuant to a legal will or the operation of law;
`(C) a temporary transfer of possession that occurs between an unlicensed transferor and an unlicensed transferee, if--
`(i) the temporary transfer of possession occurs in the home or curtilage of the unlicensed transferor;
`(ii) the firearm is not removed from that home or curtilage during the temporary transfer; and
`(iii) the transfer has a duration of less than 7 days; and
`(D) a temporary transfer of possession without transfer of title made in connection with lawful hunting or sporting purposes if the transfer occurs--
`(i) 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 and the firearm is, at all times, kept within the premises of the shooting range;
`(ii) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization and the firearm is, at all times, kept within the premises of the shooting competition; or
`(iii) while hunting or trapping, if--
`(I) the activity is legal in all places where the unlicensed transferee possesses the firearm;
`(II) the temporary transfer of possession occurs during the designated hunting season; and
`(III) the unlicensed transferee holds any required license or permit.
`(3) For purposes of this subsection, the term `transfer'--
`(A) shall include a sale, gift, loan, return from pawn or consignment, or other disposition; and
`(B) shall not include temporary possession of the firearm for purposes of examination or evaluation by a prospective transferee while in the presence of the prospective transferee.
`(4)(A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.
`(B) Regulations promulgated under this paragraph--
`(i) shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1); and
`(ii) shall include a provision requiring a record of transaction of any transfer that occurred between an unlicensed transferor and unlicensed transferee accordance with paragraph (1).'.
(b) 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) SECTION 925A- Section 925A of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking `subsection (s) or (t) of section 922' and inserting `section 922(s)'.
(3) NICS IMPROVEMENT AMENDMENTS ACT- Section 103(f) of the NICS Improvement Amendments Act of 2007 is amended by striking `section 922(t)' and inserting `section 922(s)'.
(4) 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 `section 922(s)' each place it appears.
SEC. 123. LOST AND STOLEN REPORTING.
(a) In General- Section 922 of title 18, United States Code, is amended by adding at the end--
`(aa) It shall be unlawful for any person who lawfully possesses or owns a firearm that has been shipped or transported in, or has been possessed in or affecting, interstate or foreign commerce, to fail to report the theft or loss of the firearm, within 24 hours after the person discovers the theft or loss, to the Attorney General and to the appropriate local authorities.'.
(b) Penalty- Section 924(a)(1) of title 18, United States Code, is amended by striking subparagraph (B) and inserting the following:
`(B) knowingly violates subsection (a)(4), (f), (k), (q), or (aa) of section 922;'.
SEC. 124. EFFECTIVE DATE.
The amendments made by this title shall take effect 180 days after the date of enactment of this Act.
`(t)(1) Beginning on the date that is 180 days after the date of enactment of the Fix Gun Checks Act of 2013, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to any other person who is not licensed under this chapter, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s). Upon taking possession of the firearm, the licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the licensee's inventory to the unlicensed transferee.
`(2) Paragraph (1) shall not apply to--
`(A) bona fide gifts between spouses, between parents and their children, between siblings, or between grandparents and their grandchildren;
`(B) a transfer made from a decedent's estate, pursuant to a legal will or the operation of law;
`(C) a temporary transfer of possession that occurs between an unlicensed transferor and an unlicensed transferee, if--
`(i) the temporary transfer of possession occurs in the home or curtilage of the unlicensed transferor;
`(ii) the firearm is not removed from that home or curtilage during the temporary transfer; and
`(iii) the transfer has a duration of less than 7 days; and
`(D) a temporary transfer of possession without transfer of title made in connection with lawful hunting or sporting purposes if the transfer occurs--
`(i) 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 and the firearm is, at all times, kept within the premises of the shooting range;
`(ii) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization and the firearm is, at all times, kept within the premises of the shooting competition; or
`(iii) while hunting or trapping, if--
`(I) the activity is legal in all places where the unlicensed transferee possesses the firearm;
`(II) the temporary transfer of possession occurs during the designated hunting season; and
`(III) the unlicensed transferee holds any required license or permit.
`(3) For purposes of this subsection, the term `transfer'--
`(A) shall include a sale, gift, loan, return from pawn or consignment, or other disposition; and
`(B) shall not include temporary possession of the firearm for purposes of examination or evaluation by a prospective transferee while in the presence of the prospective transferee.
`(4)(A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.
`(B) Regulations promulgated under this paragraph--
`(i) shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1); and
`(ii) shall include a provision requiring a record of transaction of any transfer that occurred between an unlicensed transferor and unlicensed transferee accordance with paragraph (1).'.
(b) 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) SECTION 925A- Section 925A of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking `subsection (s) or (t) of section 922' and inserting `section 922(s)'.
(3) NICS IMPROVEMENT AMENDMENTS ACT- Section 103(f) of the NICS Improvement Amendments Act of 2007 is amended by striking `section 922(t)' and inserting `section 922(s)'.
(4) 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 `section 922(s)' each place it appears.
SEC. 123. LOST AND STOLEN REPORTING.
(a) In General- Section 922 of title 18, United States Code, is amended by adding at the end--
`(aa) It shall be unlawful for any person who lawfully possesses or owns a firearm that has been shipped or transported in, or has been possessed in or affecting, interstate or foreign commerce, to fail to report the theft or loss of the firearm, within 24 hours after the person discovers the theft or loss, to the Attorney General and to the appropriate local authorities.'.
(b) Penalty- Section 924(a)(1) of title 18, United States Code, is amended by striking subparagraph (B) and inserting the following:
`(B) knowingly violates subsection (a)(4), (f), (k), (q), or (aa) of section 922;'.
SEC. 124. EFFECTIVE DATE.
The amendments made by this title shall take effect 180 days after the date of enactment of this Act.
