NBC: Manchin Concedes That Background Checks ‘Will Not Get The Votes’
Source: TPM
Amid growing Republican opposition to a bipartisan proposal that would expand background checks for gun purchases, one of the measure's chief sponsors acknowledged Wednesday that it will fail in the Senate — at least for now.
Sen. Joe Manchin (D-WV) conceded to NBC's Kelly O'Donnell that the proposal "will not get the votes today." O'Donnell relayed the remarks on Twitter.
Kelly O'Donnell @KellyO
Sen. Joe Manchin tells me "we will not get the votes today" expanded background checks to fail in Senate. Try again he says.
7:39 AM - 17 Apr 2013
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Read more: http://livewire.talkingpointsmemo.com/entry/manchin-concedes-that-background-checks-will-not-get
Manchin Spox Tries To Restore Hope For Background Checks
Following reports Wednesday morning that Sen. Joe Manchin (D-WV) had conceded that his proposal to expand background checks for gun purchases did not have sufficient support, a spokesman for the West Virginia Democrat issued a statement to convey optimism on the measure's prospects.
"Senator Manchin remains optimistic and hopeful that if Senators and the American people read the bill, they will support his commonsense approach to require criminal and mental background checks for advertised sales, including purchases at gun shows and online sales, without infringing on Americans’ Second Amendment rights,” spokesman Jonathan Kott said in the statement.
“So far Senator Manchin has managed to garner support from an A-rated NRA member and three Republican Senators as well as 90 percent of his own party. With a record like that, I see no reason to bet against Senator Manchin today. He will continue to explain his bill to his colleagues and anyone with concerns until the minute they vote.”
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http://livewire.talkingpointsmemo.com/entry/manchin-spox-tries-to-restore-hope-for-background
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onehandle
(51,122 posts)
tridim
(45,358 posts)Heckuva campaign slogan you got there GOP.
Myrina
(12,296 posts)
Can these useless DC fuckers get ANYTHING done???
sinkingfeeling
(51,454 posts)Myrina
(12,296 posts)... so it likely wouldn't even be brought up for a vote.
sinkingfeeling
(51,454 posts)April 11.
http://www.cbsnews.com/8301-250_162-57579076/major-hurdle-cleared-senate-begins-debate-on-gun-bill/
The Senate voted 68-31 to begin debate on a bill that would significantly expand background checks for gun sales, which has long been a top priority for gun control advocates. Easily surpassing the 60-vote threshold with the support of 16 Republicans, Senate Majority Leader Harry Reid, D-Nev., was able to avert a Republican-led filibuster attempt that aimed to block a full Senate vote of the bill. Two Democrats, Sen. Mark Begich, D-Alaska, and Sen. Mark Pryor, D-Ark., voted no.
Myrina
(12,296 posts)Google may be our friend but I really, really am not here to waste my time on piss-fights with people.
What the hell is with this place lately??
Shivering Jemmy
(900 posts)it only cleared the beginning.
sinkingfeeling
(51,454 posts)Myrina
(12,296 posts)sinkingfeeling
(51,454 posts)sinkingfeeling
(51,454 posts)Buzz Clik
(38,437 posts)Zip.
onehandle
(51,122 posts)See Great Britain and Japan.
Buzz Clik
(38,437 posts)
Agnosticsherbet
(11,619 posts)so they can whack off to pictures of dead six year old kids.
Botany
(70,501 posts)I wonder if this will be a game changer?
Mz Pip
(27,441 posts)Why should he care what some folks from CT have to say. The guy is a douche and knows who lines his pockets and contributes to his reelections. That's what matters to him.
TwilightGardener
(46,416 posts)But universal background checks are, quite literally, the LEAST we can do--just plain common sense. What a damn shame.
riderinthestorm
(23,272 posts)
frazzled
(18,402 posts)It's so uncontroversial in my mind, and so vastly supported by the public, that it should be a no-brainer. It should be getting at least 90% of the Senate's votes. Shame, shame, shame.
happyslug
(14,779 posts)Last edited Wed Apr 17, 2013, 11:17 AM - Edit history (2)
http://www.manchin.senate.gov/public/index.cfm/files/serve?File_id=9df56c97-db1e-44ed-a076-377fdbcbb7f4http://www.gpo.gov/fdsys/pkg/BILLS-113s649pcs/html/BILLS-113s649pcs.htm
PDF Version:
http://www.gpo.gov/fdsys/pkg/BILLS-113s649pcs/pdf/BILLS-113s649pcs.pdf
[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[S. 649 Placed on Calendar Senate (PCS)]
Calendar No. 32
113th CONGRESS
1st Session
S. 649
To ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2013
Mr. Reid introduced the following bill; which was read the first time
March 22, 2013
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale, and for other purposes.
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 ``Safe Communities, Safe Schools Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--FIX GUN CHECKS ACT
Sec. 101. Short title.
Subtitle A--Ensuring That All Individuals Who Should Be Prohibited From Buying a Gun Are Listed in the National Instant Criminal Background Check System
Sec. 111. Reauthorization of NICS Act Record Improvement Program grants.
Sec. 112. Penalties for States that do not make data electronically available to the National Instant Criminal Background Check System.
Sec. 113. Clarification that Federal court information is to be made available to the National Instant Criminal Background Check System.
Subtitle B--Requiring a Background Check for Every Firearm Sale
Sec. 121. Purpose.
Sec. 122. Firearms transfers.
Sec. 123. Lost and stolen reporting.
Sec. 124. Effective date.
TITLE II--STOP ILLEGAL TRAFFICKING IN FIREARMS ACT
Sec. 201. Short title.
Sec. 202. Hadiya Pendleton and Nyasia Pryear-Yard anti-straw purchasing and firearms trafficking amendments.
Sec. 203. Amendments to section 922(d).
Sec. 204. Amendments to section 924(a).
Sec. 205. Amendments to section 924(h).
Sec. 206. Amendments to section 924(k).
Sec. 207. Limitation on operations by the Department of Justice.
TITLE III--SCHOOL AND CAMPUS SAFETY ENHANCEMENTS ACT
Sec. 301. Short title.
Sec. 302. Grant program for school security.
Sec. 303. Applications.
Sec. 304. Authorization of appropriations.
Sec. 305. Accountability.
Sec. 306. CAMPUS Safety Act of 2013.
TITLE I--FIX GUN CHECKS ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Fix Gun Checks Act of 2013''.
Subtitle A--Ensuring That All Individuals Who Should Be Prohibited From
Buying a Gun Are Listed in the National Instant Criminal Background
Check System
SEC. 111. REAUTHORIZATION OF NICS ACT RECORD IMPROVEMENT PROGRAM GRANTS.
(a) In General.--Section 102(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
(1) in paragraph (1)(C)--
(A) by striking clauses (ii) and (iii); and
(B) by redesignating clauses (iv), (v), and (vi) as clauses (ii), (iii), and (iv), respectively; and
(2) by striking paragraph (2) and inserting the following:
``(2) Scope.--
``(A) In general.--The Attorney General, in determining the compliance of a State under this section or section 104 for the purpose of granting a waiver or imposing a loss of Federal funds, shall assess the total percentage of records provided by the State concerning any event occurring within the time period established by the Attorney General under subparagraph (B), which would disqualify a person from possessing a firearm under subsection (g) or (n) of section 922 of title 18, United States Code.
``(B) Regulations.--Not later than 1 year after the date of enactment of the Fix Gun Checks Act of 2013, the Attorney General shall, through regulation, establish the time period described in subparagraph (A).''.
(b) Implementation Assistance to States.--Section 103 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
(1) by striking subsection (a)(1) and inserting the following:
``(1) In general.--From amounts made available to carry out this section and subject to section 102(b)(1)(B), the Attorney General shall make grants to States and Indian tribal governments, in a manner consistent with the National Criminal History Improvement Program, which shall be used by the States and Indian tribal governments, in conjunction with units of local government and State and local courts to--
``(A) establish and plan information and identification technologies for firearms eligibility determinations; and
``(B) make improvements or upgrade information and identification technologies for firearms eligibility determinations.'';
(2) by striking subsections (b) and (c) and inserting the following:
``(b) Use of Grant Amounts.--
``(1) In general.--Grants awarded to States or Indian tribes under subsection (a)(1) may only be used to--
``(A) create electronic systems, which provide accurate and up-to-date information that is directly related to checks under the National Instant Criminal Background Check System (referred to in this section as NICS'), including court disposition and corrections records;
``(B) assist States in establishing or enhancing their own capacities to perform NICS background checks;
``(C) supply accurate and timely information to the Attorney General concerning final dispositions of criminal records to databases accessed by NICS;
``(D) supply accurate and timely information to the Attorney General concerning the identity of persons who are prohibited from obtaining a firearm under section 922(g)(4) of title 18, United States Code, to be used by the Federal Bureau of Investigation solely to conduct NICS background checks;
``(E) supply accurate and timely court orders and records of misdemeanor crimes of domestic violence for inclusion in Federal and State law enforcement databases used to conduct NICS background checks; and
``(F) collect and analyze data needed to demonstrate levels of State compliance with this Act.
``(2) Additional uses.--
``(A) In general.--In addition to the uses described in paragraph (1)--
``(i) a grant awarded under subsection (a)(1)(A) may be used to assist States in establishing or enhancing a relief from disabilities program in accordance with section 105; and
``(ii) a grant awarded under subsection (a)(1)(B) may be used to maintain the relief from disabilities program in accordance with section 105.
``(B) Limitation.--Not less than 3 percent and not more than 10 percent of each grant awarded under subsection (a)(1)(B) shall be used for the purpose described in subparagraph (A)(i) of this paragraph.
``(c) Eligibility.--To be eligible for a grant under section 103(a)(1)(B), a State shall certify, to the satisfaction of the Attorney General, that the State has implemented a relief from disabilities program in accordance with section 105.''; and
(3) by striking subsection (e) and inserting the following:
``(e) Authorization of Appropriations.--
``(1) In general.--There are to be authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2014 through 2018.
``(2) Limitations.--
``(A) Use of amounts authorized.--Of the amounts authorized to be appropriated for each fiscal year under paragraph (1), not more than 30 percent may be used to carry out subsection (a)(1)(B).
``(B) Allocations.--A State may not be awarded more than 2 grants under subsection (a)(1)(B).''.
SEC. 112. PENALTIES FOR STATES THAT DO NOT MAKE DATA ELECTRONICALLY AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
(a) In General.--Section 104(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by striking paragraphs (1) and (2) and inserting the following:
``(1) Discretionary reduction.--
``(A) During the 2-year period beginning on the date on which the Attorney General publishes final rules required under section 102(b)(2)(B), the Attorney General may withhold not more than 3 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 provides less than 50 percent of the records required to be provided under sections 102 and 103.
``(B) During the 3-year period after the expiration of the period described in subparagraph (A), the Attorney General may withhold 4 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 provides less than 70 percent of the records required to be provided under sections 102 and 103.
``(2) Mandatory reduction.--After the expiration of the period referred to in paragraph (1)(B), the Attorney General shall withhold 5 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 provides less than 90 percent of the records required to be provided under sections 102 and 103.''.
(b) Reporting of State Compliance.--Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Attorney General shall publish, and make available on a publicly accessible website, a report that ranks the States by the ratio of number of records submitted by each State under sections 102 and 103 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to the estimated total number of available records of the State.
SEC. 113. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE
AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM.
Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note), is amended by adding at the end the following:
``(F) Application to federal courts.--In this paragraph--
``(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.''.
Subtitle B--Requiring a Background Check for Every Firearm Sale
SEC. 121. PURPOSE.
The purpose of this subtitle is to extend the Brady Law background check procedures to all sales and transfers of firearms.
SEC. 122. FIREARMS TRANSFERS.
(a) In General.-- 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 (3)(C)(ii), by striking ``(as defined in subsection (s)(8))''; and
(B) by adding at the end the following:
``(7) In this subsection, 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
(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 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.
TITLE II--STOP ILLEGAL TRAFFICKING IN FIREARMS ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Stop Illegal Trafficking in Firearms Act of 2013''.
SEC. 202. HADIYA PENDLETON AND NYASIA PRYEAR-YARD ANTI-STRAW PURCHASING
AND FIREARMS TRAFFICKING AMENDMENTS.
(a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following:
``Sec. 932. Straw purchasing of firearms
``(a) For purposes of this section--
``(1) the term `crime of violence' has the meaning given that term in section 924(c)(3);
``(2) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2); and
``(3) the term `purchase' includes the receipt of any firearm by a person who does not own the firearm--
``(A) by way of pledge or pawn as security for the payment or repayment of money; or
``(B) on consignment.
``(b) It shall be unlawful for any person (other than a licensed importer, licensed manufacturer, licensed collector, or licensed dealer) to knowingly purchase, or attempt or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce--
``(1) from a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown; or
``(2) from any person who is not a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown, knowing or having reasonable cause to believe that such other person--
``(A) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year;
``(B) is a fugitive from justice;
``(C) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
``(D) has been adjudicated as a mental defective or has been committed to any mental institution;
``(E) is an alien who--
``(i) is illegally or unlawfully in the United States; or
``(ii) except as provided in section 922(y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26));
``(F) has been discharged from the Armed Forces under dishonorable conditions;
``(G) having been a citizen of the United States, has renounced his or her citizenship;
``(H) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this subparagraph shall only apply to a court order that--
``(i) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
``(ii)(I) includes a finding that such person represents a credible threat to the
physical safety of such intimate partner or child; or
``(II) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;
``(I) has been convicted in any court of a misdemeanor crime of domestic violence;
``(J) intends to--
``(i) use, carry, possess, or sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking crime; or
``(ii) export the firearm or ammunition in violation of law;
``(K)(i) does not reside in any State; and
``(ii) is not a citizen of the United States; or
``(L) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of subparagraphs (A) through (K).
``(c)(1) Except as provided in paragraph (2), any person who violates subsection (b) shall be fined under this title, imprisoned for not more than 15 years, or both.
``(2) If a violation of subsection (b) is committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence, the person shall be entenced to a term of imprisonment of not more than 25 years.
``(d) Subsection (b)(1) shall not apply to any firearm that is lawfully purchased by a person--
``(1) to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm, unless the person knows or has reasonable cause to believe such recipient is prohibited by Federal law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm; or
``(2) to be given to a bona fide winner of an organized raffle, contest, or auction conducted in accordance with law and sponsored by a national, State, or local organization or association, unless the person knows or has reasonable cause to believe such recipient is prohibited by Federal law from possessing, purchasing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm.
``Sec. 933. Trafficking in firearms
``(a) It shall be unlawful for any person to--
``(1) ship, transport, transfer, cause to be transported, or otherwise dispose of 2 or more firearms to another person in or otherwise affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the transferee would be in violation of, or would result in a violation of, any Federal law punishable by a term of imprisonment exceeding 1 year;
``(2) receive from another person 2 or more firearms in or otherwise affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of, any Federal law punishable by a term of imprisonment exceeding 1 year; or
``(3) attempt or conspire to commit the conduct described in paragraph (1) or (2).
``(b)(1) Except as provided in paragraph (2), any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 15 years, or both.
``(2) If a violation of subsection (a) is committed by a person in concert with 5 or more other persons with respect to whom such person occupies a position of organizer, leader, supervisor, or manager, the person shall be sentenced to a term of imprisonment of not more than 25 years.
``Sec. 934. Forfeiture and fines
``(a)(1) Any person convicted of a violation of section 932 or 933 shall forfeit to the United States, irrespective of any provision of State law--
``(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and
``(B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.
``(2) The court, in imposing sentence on a person convicted of a violation of section 932 or 933, shall order, in addition to any other sentence imposed pursuant to section 932 or 933, that the person forfeit to the United States all property described in paragraph (1).
``(b) A defendant who derives profits or other proceeds from an offense under section 932 or 933 may be fined not more than the greater of--
``(1) the fine otherwise authorized by this part; and
``(2) the amount equal to twice the gross profits or other proceeds of the offense under section 932 or 933.''.
(b) Title III Authorization.--Section 2516(1)(n) of title 18, United States Code, is amended by striking ``and 924'' and inserting ``, 924, 932, or 933''.
(c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``section 932 (relating to straw purchasing), section 933 (relating to trafficking in firearms),'' before ``section 1028''.
(d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18, United States Code, is amended by striking ``section 924(n)'' and inserting ``section 924(n), 932, or 933''.
(e) Directive to Sentencing Commission.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and policy statements to ensure that persons
convicted of an offense under section 932 or 933 of title 18, United States Code, and other offenses applicable to the straw purchases and firearms trafficking of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy
statements for such straw purchasing and firearms trafficking offenses. The Commission shall also review and amend its guidelines and policy statements to reflect the intent of Congress that a person convicted of an offense under section 932 or 933 of title 18, United States Code, who is affiliated with a gang, cartel, organized crime ring, or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual.
(f) Technical and 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. Straw purchasing of firearms.
``933. Trafficking in firearms.
``934. Forfeiture and fines.''.
SEC. 203. AMENDMENTS TO SECTION 922(D).
Section 922(d) of title 18, United States Code, is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and inserting a semicolon; and
(3) by striking the matter following paragraph (9) and inserting the following:
``(10) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (1)
through (9); or
``(11) intends to sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking offense or to export the firearm or ammunition in violation of law.This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925.''.
SEC. 204. AMENDMENTS TO SECTION 924(A).
Section 924(a) of title 18, United States Code, is amended--
(1) in paragraph (2), by striking ``(d), (g),''; and
(2) by adding at the end the following:
``(8) Whoever knowingly violates subsection (d) or (g) of section 922 shall be fined under this title, imprisoned not more than 15 years, or both.''.
SEC. 205. AMENDMENTS TO SECTION 924(H).
Section 924 of title 18, United States Code, is amended by striking subsection (h) and inserting the following:
``(h)(1) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing or having reasonable cause to believe that such firearm or mmunition will be used to commit a crime of violence (as defined in subsection (c)(3)), a drug trafficking crime (as defined in subsection (c)(2)), or a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), or section 212(a)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(C)) shall be imprisoned not more than 25 years, fined in accordance with this title, or both.
``(2) No term of imprisonment imposed on a person under this subsection shall run concurrently with any term of imprisonment imposed on the person under section 932.''.
SEC. 206. AMENDMENTS TO SECTION 924(K).
Section 924 of title 18, United States Code, is amended by striking subsection (k) and inserting the following:
``(k)(1) A person who, with intent to engage in or to promote conduct that--
``(A) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;
``(B) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); or
``(C) constitutes a crime of violence (as defined in subsection (c)(3)),
smuggles or knowingly brings into the United States a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both.
``(2) A person who, with intent to engage in or to promote conduct that--
``(A) would be punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title
46, if the conduct had occurred within the United States; or
``(B) would constitute a crime of violence (as defined in subsection (c)(3)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States, smuggles or knowingly takes out of the United States a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both.''.
SEC. 207. LIMITATION ON OPERATIONS BY THE DEPARTMENT OF JUSTICE.
The Department of Justice, and any of its law enforcement coordinate agencies, shall not conduct any operation where a Federal firearms licensee is directed, instructed, enticed, or otherwise encouraged by the Department of Justice to sell a firearm to an individual if the Department of Justice, or a coordinate agency, knows or has reasonable cause to believe that such an individual is purchasing on behalf of another for an illegal purpose unless the Attorney General, the Deputy Attorney General, or the Assistant Attorney General for the Criminal Division personally reviews and approves the operation, in writing, and determines that the agency has
prepared an operational plan that includes sufficient safeguards to prevent firearms from being transferred to third parties without law enforcement taking reasonable steps to lawfully interdict those firearms.
TITLE III--SCHOOL AND CAMPUS SAFETY ENHANCEMENTS ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``School and Campus Safety Enhancements Act of 2013''.
SEC. 302. GRANT PROGRAM FOR SCHOOL SECURITY.
Section 2701 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``Placement'' and inserting "Installation''; and
(ii) by inserting ``surveillance equipment,'' after ``detectors,'';
(B) by redesignating paragraph (5) as paragraph (6); and
(C) by inserting after paragraph (4) the following:
``(5) Establishment of hotlines or tiplines for the reporting of potentially dangerous students and situations.'';
and
(2) by adding at the end the following:
``(g) Interagency Task Force.--
``(1) Establishment.--Not later than 60 days after the date of enactment of the School and Campus Safety Enhancements Act of 2013, the Director and the Secretary of Education, or the designee of the Secretary, shall establish an interagency task force to develop and promulgate a set of advisory school safety guidelines.
``(2) Publication of guidelines.--Not later than 1 year after the date of enactment of the School and Campus Safety Enhancements Act of 2013, the advisory school safety guidelines promulgated by the interagency task force shall be published in the Federal Register.
``(3) Required consultation.--In developing the final advisory school safety guidelines under this subsection, the interagency task force shall consult with stakeholders and
interested parties, including parents, teachers, and agencies.''.
SEC. 303. APPLICATIONS.
Section 2702(a)(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797b(a)(2)) is amended to read as follows:
``(2) be accompanied by a report--
``(A) signed by the heads of each law enforcement agency and school district with jurisdiction over the schools where the safety improvements will be implemented; and
``(B) demonstrating that each proposed use of the grant funds will be--
``(i) an effective means for improving the safety of 1 or more schools;
``(ii) consistent with a comprehensive approach to preventing school violence; and
``(iii) individualized to the needs of each school at which those improvements are to be made.''.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
Section 2705 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797e) is amended--
(1) by striking ``$30,000,000'' and inserting $40,000,000''; and
(2) by striking ``2001 through 2009'' and inserting ``2014 through 2023''.
SEC. 305. ACCOUNTABILITY.
Section 2701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797a), as amended by section 302, is amended by adding at the end the following:
``(h) Accountability.--All grants awarded by the Attorney General under this part shall be subject to the following accountability provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term 'unresolved audit finding' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued.
``(B) Audits.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this part to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year.
``(C) Mandatory exclusion.--A recipient of grant funds under this part that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this part during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A).
``(D) Priority.--In awarding grants under this part, the Attorney General shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this part.
``(E) Reimbursement.--If an entity is awarded grant funds under this part during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall--
``(i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and
``(ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
``(2) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this paragraph and the grant programs under this part, the term `nonprofit organization' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section
501(a) of such Code.
``(B) Prohibition.--The Attorney General may not award a grant under this part to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986.
``(C) Disclosure.--Each nonprofit organization that is awarded a grant under this part and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subparagraph available for public inspection.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts authorized to be appropriated to the Department of Justice under this part may be used by the Attorney General, or by any individual or entity awarded discretionary funds through a cooperative agreement under this part, to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the Department of Justice, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host the conference.
``(B) Written approval.--Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all conference expenditures approved under this paragraph.
``(4) Annual certification.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, the Attorney General shall submit, to the Committee on the
Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification--
``(A) indicating whether--
``(i) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director;
``(ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and
``(iii) all reimbursements required under paragraph (1)(E) have been made; and
``(B) that includes a list of any grant recipients excluded under paragraph (1) from the previous year.''.
SEC. 306. CAMPUS SAFETY ACT OF 2013.
(a) Short Title.--This section may be cited as the ``Center to Advance, Monitor, and Preserve University Security Safety Act of 2013'' or the ``CAMPUS Safety Act of 2013''.
(b) National Center for Campus Public Safety.--Subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) is amended--
(1) in section 501 (42 U.S.C. 3751)--
(A) in subsection (a)(1)--
(i) in the matter preceding subparagraph (A), by inserting ``or purposes'' after "one or more of the following programs''; and
(ii) by adding at the end the following:
``(H) Making subawards to institutions of higher education and other nonprofit organizations to assist the National Center for Campus Public Safety in carrying out the functions of the Center required under section 509(c).''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``or'' at the end;
(ii) in paragraph (2), by striking the period and inserting ``; or''; and
(iii) by adding at the end the following:
``(3) institutions of higher education and other nonprofit organizations, for purposes of carrying out section 509.''; and
(2) by adding at the end the following:
``SEC. 509. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.
``(a) Definition of Institution of Higher Education.--In this section, the term `institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
``(b) Authority To Establish and Operate Center.--The Attorney General may establish and operate a National Center for Campus Public Safety (referred to in this section as the `Center').
``(c) Functions of the Center.--The Center shall--
``(1) provide quality education and training for public safety personnel of institutions of higher education and their collaborative partners, including campus mental health agencies;
``(2) foster quality research to strengthen the safety and security of institutions of higher education;
``(3) serve as a clearinghouse for the identification and dissemination of information, policies, protocols, procedures, and best practices relevant to campus public safety, including off-campus housing safety, the prevention of violence against persons and property, and emergency response and evacuation procedures;
``(4) coordinate with the Secretary of Homeland Security, the Secretary of Education, State, local and tribal governments and law enforcement agencies, private and nonprofit organizations and associations, and other stakeholders, to develop protocols and best practices to prevent, protect against and respond to dangerous and violent situations involving an immediate threat to the safety of the campus community;
``(5) promote the development and dissemination of effective behavioral threat assessment and management models to prevent campus violence;
``(6) identify campus safety information (including ways to increase off-campus housing safety) and identify resources available from the Department of Justice, the Department of
Homeland Security, the Department of Education, State, local, and tribal governments and law enforcement agencies, and private and nonprofit organizations and associations;
``(7) promote cooperation, collaboration, and consistency in prevention, response, and problem-solving methods among public safety and emergency management personnel of institutions of higher education and their campus- and non-campus-based collaborative partners, including law enforcement, emergency management, mental health services, and other
relevant agencies;
``(8) disseminate standardized formats and models for mutual aid agreements and memoranda of understanding between campus security agencies and other public safety organizations and mental health agencies; and
``(9) report annually to Congress on activities performed by the Center during the previous 12 months.
``(d) Coordination With Available Resources.--In establishing the Center, the Attorney General shall--
``(1) coordinate with the Secretary of Homeland Security, the Secretary of Education, and appropriate State or territory officials;
``(2) ensure coordination with campus public safety resources within the Department of Homeland Security, including within the Federal Emergency Management Agency, and the Department of Education; and
``(3) coordinate within the Department of Justice and
existing grant programs to ensure against duplication with the program authorized by this section.
``(e) Reporting and Accountability.--At the end of each fiscal year, the Attorney General shall--
``(1) issue a report that assesses the impacts, outcomes and effectiveness of the grants distributed to carry out this section;
``(2) in compiling such report, assess instances of duplicative activity, if any, performed through grants distributed to carry out this section and other grant programs maintained by the Department of Justice, the Department of Education, and the Department of Homeland Security; and
``(3) make such report available on the Department of Justice website and submit such report to the Senate and House Judiciary Committees and the Senate and House Appropriations
Committees.''.
(c) Rule of Construction.--Nothing in this section shall preclude public elementary and secondary schools or their larger governing agencies from receiving the informational and training benefits of the National Center for Campus Public Safety authorized under section 509 of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this title.
Calendar No. 32
113th CONGRESS
1st Session
S. 649
_______________________________________________________________________
A BILL
To ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale, and for other purposes.
_______________________________________________________________________
March 22, 2013
Read the second time and placed on the calendar
happyslug
(14,779 posts)Present 18 USC § 922:
http://trac.syr.edu/laws/18/18USC00922.html
Text of present Subsection (s) is to be repealed and Subsection (t) is to renumbered as Subsection (s). The above to become subsection (t). Present 922(s) deals with transfers of Firearms. Under the above proposed law, that would be dealt with in new Section 922(t).
(s)(1) Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun (other than the return of a handgun to the person from whom it was received) to an individual who is not licensed under section 923, unless -
(A) after the most recent proposal of such transfer by the transferee -
(i) the transferor has -
(I) received from the transferee a statement of the transferee containing the information described in paragraph (3);
(II) verified the identity of the transferee by examining the identification document presented;
(III) within 1 day after the transferee furnishes the statement, provided notice of the contents of the statement to the chief law enforcement officer of the place of residence of the transferee; and
(IV) within 1 day after the transferee furnishes the statement, transmitted a copy of the statement to the chief law enforcement officer of the place of residence of the transferee; and
(ii)(I) 5 business days (meaning days on which State offices are open) have elapsed from the date the transferor furnished notice of the contents of the statement to the chief law enforcement officer, during which period the transferor has not received information from the chief law enforcement officer that receipt or possession of the handgun by the transferee would be in violation of Federal, State, or local law; or
(II) the transferor has received notice from the chief law enforcement officer that the officer has no information indicating that receipt or possession of the handgun by the transferee would violate Federal, State, or local law;
(B) the transferee has presented to the transferor a written statement, issued by the chief law enforcement officer of the place of residence of the transferee during the 10-day period ending on the date of the most recent proposal of such transfer by the transferee, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or of any member of the household of the transferee;
(C)(i) the transferee has presented to the transferor a permit that -
(I) allows the transferee to possess or acquire a handgun; and
(II) was issued not more than 5 years earlier by the State inwhich the transfer is to take place; and
(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of the law;
(D) the law of the State requires that, before any licensed importer, licensed manufacturer, or licensed dealer completes the transfer of a handgun to an individual who is not licensed under section 923, an authorized government official verify that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of law;
(E) the Attorney General has approved the transfer under section 5812 of the Internal Revenue Code of 1986; or
(F) on application of the transferor, the Attorney General has certified that compliance with subparagraph (A)(i)(III) is impracticable because -
(i) 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;
(ii) the business premises of the transferor at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer; and
(iii) there is an absence of telecommunications facilities in the geographical area in which the business premises are located.
(2) A chief law enforcement officer to whom a transferor has provided notice pursuant to paragraph (1)(A)(i)(III) shall make a reasonable effort to ascertain within 5 business days whether receipt or possession would be in violation of the law, including research in whatever State and local recordkeeping systems are available and in a national system designated by the Attorney General.
(3) The statement referred to in paragraph (1)(A)(i)(I) shall contain only -
(A) the name, address, and date of birth appearing on a valid identification document (as defined in section 1028(d)(1) (!4)) of the transferee containing a photograph of the transferee and a description of the identification used;
(B) a statement that the transferee -
(i) is not under indictment for, and has not been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year, and has not been convicted in any court of a misdemeanor crime of domestic violence;
(ii) is not a fugitive from justice;
(iii) is not an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act);
(iv) has not been adjudicated as a mental defective or been committed to a mental institution;
(v) is not an alien who -
(I) is illegally or unlawfully in the United States; or
(II) subject to subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(vi) has not been discharged from the Armed Forces under dishonorable conditions; and
(vii) is not a person who, having been a citizen of the United States, has renounced such citizenship;
(C) the date the statement is made; and
(D) notice that the transferee intends to obtain a handgun from the transferor.
(4) Any transferor of a handgun who, after such transfer, receives a report from a chief law enforcement officer containing information that receipt or possession of the handgun by the transferee violates Federal, State, or local law shall, within 1 business day after receipt of such request, communicate any information related to the transfer that the transferor has about
the transfer and the transferee to -
(A) the chief law enforcement officer of the place of business of the transferor; and
(B) the chief law enforcement officer of the place of residence of the transferee.
(5) Any transferor who receives information, not otherwise available to the public, in a report under this subsection shall not disclose such information except to the transferee, to law enforcement authorities, or pursuant to the direction of a court of law.
(6)(A) Any transferor who sells, delivers, or otherwise transfers a handgun to a transferee shall retain the copy of the statement ofthe transferee with respect to the handgun transaction, and shall retain evidence that the transferor has complied with subclauses
(III) and (IV) of paragraph (1)(A)(i) with respect to the statement.
(B) Unless the chief law enforcement officer to whom a statement is transmitted under paragraph (1)(A)(i)(IV) determines that a transaction would violate Federal, State, or local law -
(i) the officer shall, within 20 business days after the date the transferee made the statement on the basis of which the notice was provided, destroy the statement, any record containing information derived from the statement, and any record created as a result of the notice required by paragraph (1)(A)(i)(III);
(ii) the information contained in the statement shall not be conveyed to any person except a person who has a need to know in order to carry out this subsection; and
(iii) the information contained in the statement shall not be used for any purpose other than to carry out this subsection.
(C) If a chief law enforcement officer determines that an individual is ineligible to receive a handgun and the individual requests the officer to provide the reason for such determination, the officer shall provide such reasons to the individual in writing within 20 business days after receipt of the request.
(7) A chief law enforcement officer or other person responsible for providing criminal history background information pursuant to this subsection shall not be liable in an action at law for damages
-
(A) for failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under this section; or
(B) for preventing such a sale or transfer to a person who may lawfully receive or possess a handgun.
(8) For purposes of this subsection, the term "chief law enforcement officer" means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual.
(9) The Attorney General shall take necessary actions to ensure that the provisions of this subsection are published and disseminated to licensed dealers, law enforcement officials, and the public.
The following to become §922 (s) under the proposed law, i.e. will be retained but be known as §922 (s) instead of its present number of §922 (t):
(t)(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter,
unless -
(A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of that Act;
(B)(i) the system provides the licensee with a unique identification number; or
(ii) 3 business days (meaning a day on which State offices are open) 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
(C) the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 1028(d) of this title) of the transferee containing a photograph of the transferee.
(2) If receipt of a firearm would not violate subsection (g) or (n) or State law, the system shall -
(A) assign a unique identification number to the transfer;
(B) provide the licensee with the number; and
(C) destroy all records of the system with respect to the call (other than the identifying number and the date the number was assigned) and all records of the system relating to the person or the transfer.
(3) Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if -
(A)(i) such other person has presented to the licensee a permit that -
(I) allows such other person to possess or acquire a firearm; and
(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and
(ii) the law of the State provides that such a permit is to be 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 such other person would be inviolation of law;
(B) the Attorney General has approved the transfer under section 5812 of the Internal Revenue Code of 1986; or
(C) on application of the transferor, the Attorney General has certified that compliance with paragraph (1)(A) is impracticable because -
(i) 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;
(ii) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer (as defined in subsection
(s)(8)); and
(iii) there is an absence of telecommunications facilities in the geographical area in which the business premises are located.
(4) If the national instant criminal background check system notifies the licensee that the information available to the system does not demonstrate that the receipt of a firearm by such other person would violate subsection (g) or (n) or State law, and the licensee transfers a firearm to such other person, the licensee shall include in the record of the transfer the unique identification number provided by the system with respect to the transfer.
(5) If the licensee knowingly transfers a firearm to such other person and knowingly fails to comply with paragraph (1) of this subsection with respect to the transfer and, at the time such other person most recently proposed the transfer, the national instant criminal background check system was operating and information was available to the system demonstrating that receipt of a firearm by such other person would violate subsection (g) or (n) of this section or State law, the Attorney General may, after notice and opportunity for a hearing, suspend for not more than 6 months or
revoke any license issued to the licensee under section 923, and may impose on the licensee a civil fine of not more than $5,000.
(6) Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the national instant criminal background
check system shall be liable in an action at law for damages -
(A) for failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful under this section; or
(B) for preventing such a sale or transfer to a person who may lawfully receive or possess a firearm.
vduhr
(603 posts)Background checks are exempt for the following:
Section 122
(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;
This opens up too much possibility that anyone can still get their hands on a gun who should not.
Family members are not the best judgement when it comes to other family members' mental capacity. I have experienced this when my son and I both suspected my grandson's mother of using drugs. My son filed for custody and won, but not before he had to deal with her family being in total denial, (among other things, they paid for her attorney!) until she showed up at a court clinic evaluation and was forced to take a drug test and she tested positive for cocain and oxycontin (she was high when she showed up for the clinic eval, and fortunately the court clinician recognized it). This is a good example of how families will be in denial of a serious mental health problem.
How many family members will buy a gun for a family member who normally wouldn't pass a background check? How many family members will be in denial about their family member's mental health and purchase a gun for them? Does anyone remember how Adam Lanza got his guns? How many family members will sympathize with a family member who has a criminal record and purchase a gun for them? This part of the bill, in my opinion, overrides the rest of the bill.
