NRA Members' Gun Safety Act of 2013 - Amends the federal criminal code to prohibit a person who is not a licensed firearms importer, manufacturer, or dealer from transferring a firearm to, or receiving a firearm from, another unlicensed person, except: (1) through a licensed dealer or a law enforcement agency, which shall conduct a background check through the national instant criminal background check system; and (2) after inspecting a permit that confirms that such background check has been conducted. Specifies exceptions, including for: (1) the transfer of a bona fide gift between immediate family members; (2) a transfer that occurs by operation of law or by an executor or trustee because of the death of another person; (3) a temporary transfer that occurs in the home of the unlicensed transferee who believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the transferee; and (4) certain temporary transfers without the transfer of title at a shooting range, at a shooting competition, or while hunting, fishing, or trapping.
Sets forth requirements for a licensed dealer or law enforcement agency that assists in such transfer, including requirements to: (1) notify the transferor and transferee of compliance with background check requirements and of the receipt of any notification from the background check system that a transfer is prohibited, and (2) report to the Attorney General on such a transfer and on transfers of two or more pistols and/or revolvers to the same unlicensed transferee during any five consecutive business days. Permits such dealer or law enforcement agency to assess a processing fee.
Prohibits a licensed dealer from authorizing an employee to possess or transfer a firearm or ammunition in the course of employment unless such dealer has received a notice that the Attorney General has determined that receipt of a firearm by the employee would not be unlawful.
Authorizes the Attorney General to deny the transfer of firearms or the issuance of a federal firearms and explosives license to any individual if the Attorney General: (1) determines that such individual has been engaged in, or has provided material support or resources for, terrorist activities; and (2) has a reasonable belief that such individual may use a firearm or explosive in connection with terrorism. Allows any individual whose firearm or explosives license application has been denied to bring legal action challenging the denial. Permits the Attorney General to withhold information in firearms and explosives license denial revocation suits that would likely compromise national security. Authorizes the Attorney General to revoke firearms and explosives licenses and permits held by individuals determined to be engaged in terrorism.
Requires each person who owns or possesses a firearm to report its theft or loss to the appropriate local authorities within 48 hours after the theft or loss is discovered.
Requires each state that allows its residents to carry concealed firearms in or affecting interstate or foreign commerce to establish a process through which a resident must obtain a permit to carry a concealed firearm. Requires a state to: (1) ensure that a local law enforcement agency participates in the process; and (2) require an applicant to be a legal U.S. resident of at least 21 years of age, to demonstrate good cause for requesting the permit and that he or she is worthy of the public trust to carry a concealed firearm in public, to complete a firearm safety training course, and to not have been convicted of a crime of violence.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 21 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 21
To provide for greater safety in the use of firearms.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2013
Mr. Moran introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
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. 922 note) is
amended--
(1) by inserting ``or by an employee of the individual''
after ``transferee'' the first place it appears; and
(2) by inserting ``or employee, as the case may be,'' after
``transferee'' each subsequent place it appears.
(d) Effective Date.--The amendment made by this section shall apply
to conduct engaged in after the 3-month period that begins with the
date of the enactment of this Act.
TITLE III--PREVENTION OF TERRORISTS FROM OBTAINING FIREARMS OR
EXPLOSIVES
SEC. 301. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE,
DELIVERY, OR TRANSFER OF A FIREARM OR THE ISSUANCE OF A
FIREARMS OR EXPLOSIVES LICENSE OR PERMIT TO DANGEROUS
TERRORISTS.
(a) Standard for Exercising Attorney General Discretion Regarding
Transferring Firearms or Issuing Firearms Permits to Dangerous
Terrorists.--Chapter 44 of title 18, United States Code, is amended--
(1) by inserting the following new section after section
922:
``Sec. 922A. Attorney General's discretion to deny transfer of a
firearm
``The Attorney General may deny the transfer of a firearm pursuant
to section 922(t)(1)(B)(ii) if the Attorney General determines that the
transferee is known (or appropriately suspected) to be or have been
engaged in conduct constituting, in preparation for, in aid of, or
related to terrorism, or providing material support thereof, and the
Attorney General has a reasonable belief that the prospective
transferee may use a firearm in connection with terrorism.'';
(2) by inserting the following new section after section
922A:
``Sec. 922B. Attorney General's discretion regarding applicants for
firearm permits which would qualify for the exemption
provided under section 922(t)(3)
``The Attorney General may determine that an applicant for a
firearm permit which would qualify for an exemption under section
922(t) is known (or appropriately suspected) to be or have been engaged
in conduct constituting, in preparation for, in aid of, or related to
terrorism, or providing material support thereof, and the Attorney
General has a reasonable belief that the applicant may use a firearm in
connection with terrorism.''; and
(3) in section 921(a), by adding at the end the following:
``(36) The term `terrorism' means `international terrorism' as
defined in section 2331(1), and `domestic terrorism' as defined in
section 2331(5).
``(37) The term `material support' means `material support or
resources' within the meaning of section 2339A or 2339B.
``(38) The term `responsible person' means an individual who has
the power, directly or indirectly, to direct or cause the direction of
the management and policies of the applicant or licensee pertaining to
firearms.''.
(b) Effect of Attorney General Discretionary Denial Through the
National Instant Criminal Background Check System (NICS) on Firearms
Permits.--Section 922(t) of such title is amended--
(1) in paragraph (1)(B)(ii), by inserting ``or State law,
or that the Attorney General has determined to deny the
transfer of a firearm pursuant to section 922A'' before the
semicolon;
(2) in paragraph (2), by inserting after ``or State law''
the following: ``or if the Attorney General has not determined
to deny the transfer of a firearm pursuant to section 922A'';
(3) in paragraph (3)(A)(i)--
(A) by striking ``and'' at the end of subclause
(I); and
(B) by adding at the end the following:
``(III) was issued after a check of the system established
pursuant to paragraph (1);'';
(4) in paragraph (3)(A)--
(A) by adding ``and'' at the end of clause (ii);
and
(B) by adding after and below the end the
following:
``(iii) the State issuing the permit agrees
to deny the permit application if such other
person is the subject of a determination by the
Attorney General pursuant to section 922B;'';
(5) in paragraph (4), by inserting after ``or State law,''
the following: ``or if the Attorney General has not determined
to deny the transfer of a firearm pursuant to section 922A,'';
and
(6) in paragraph (5), by inserting after ``or State law,''
the following: ``or if the Attorney General has determined to
deny the transfer of a firearm pursuant to section 922A,''.
(c) Unlawful Sale or Disposition of Firearm Based on Attorney
General Discretionary Denial.--Section 922(d) of such title is
amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) has been the subject of a determination by the
Attorney General pursuant to section 922A, 922B, 923(d)(1)(H),
or 923(e) of this title.''.
(d) Attorney General Discretionary Denial as Prohibitor.--Section
922(g) of such title is amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the comma at the end of paragraph (9) and
inserting; ``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) who has received actual notice of the Attorney
General's determination made pursuant to section 922A, 922B,
923(d)(1)(H), or 923(e) of this title.''.
(e) Attorney General Discretionary Denial of Federal Firearms
Licenses.--Section 923(d)(1) of such title is amended--
(1) by striking ``Any'' and inserting ``Except as provided
in subparagraph (H), any'';
(2) in subparagraph (F)(iii), by striking ``and'' at the
end;
(3) in subparagraph (G), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(H) The Attorney General may deny a license
application if the Attorney General determines that the
applicant (including any responsible person) is known
(or appropriately suspected) to be or have been engaged
in conduct constituting, in preparation for, in aid of,
or related to terrorism, or providing material support
thereof, and the Attorney General has a reasonable
belief that the applicant may use a firearm in
connection with terrorism.''.
(f) Discretionary Revocation of Federal Firearms Licenses.--Section
923(e) of such title is amended--
(1) in the first sentence--
(A) by inserting after ``revoke'' the following:
``--(1)''; and
(B) by striking the period and inserting a
semicolon;
(2) in the second sentence--
(A) by striking ``The Attorney General may, after
notice and opportunity for hearing, revoke'' and insert
``(2)''; and
(B) by striking the period and inserting ``; or'';
and
(3) by adding at the end the following:
``(3) any license issued under this section if the Attorney
General determines that the holder of the license (including
any responsible person) is known (or appropriately suspected)
to be or have been engaged in conduct constituting, in
preparation for, in aid of, or related to terrorism, or
providing material support thereof, and the Attorney General
has a reasonable belief that the applicant may use a firearm in
connection with terrorism.''.
(g) Attorney General's Ability To Withhold Information in Firearms
License Denial and Revocation Suit.--Section 923(f) of such title is
amended--
(1) in the first sentence of paragraph (1), by inserting
``, except that if the denial or revocation is pursuant to
subsection (d)(1)(H) or (e)(3), then any information on which
the Attorney General relied for this determination may be
withheld from the petitioner if the Attorney General determines
that disclosure of the information would likely compromise
national security'' before the period; and
(2) in paragraph (3), by inserting after the third sentence
the following: ``With respect to any information withheld from
the aggrieved party under paragraph (1), the United States may
submit, and the court may rely on, summaries or redacted
versions of documents containing information the disclosure of
which the Attorney General has determined would likely
compromise national security.''.
(h) Attorney General's Ability To Withhold Information in Relief
From Disabilities Lawsuits.--Section 925(c) of such title is amended by
inserting after the third sentence the following: ``If receipt of a
firearms by the person would violate section 922(g)(10), any
information which the Attorney General relied on for this determination
may be withheld from the applicant if the Attorney General determines
that disclosure of the information would likely compromise national
security. In responding to the petition, the United States may submit,
and the court may rely on, summaries or redacted versions of documents
containing information the disclosure of which the Attorney General has
determined would likely compromise national security.''.
(i) Penalties.--Section 924(k) of such title is amended--
(1) by striking ``or'' at the end of paragraph (2);
(2) in paragraph (3), by striking ``, or'' and inserting
``; or''; and
(3) by inserting after paragraph (3) the following:
``(4) constitutes an act of terrorism (as defined in
section 921(a)(36)), or material support thereof (as defined in
section 921(a)(37)), or''.
(j) Remedy for Erroneous Denial of Firearm or Firearm Permit
Exemption.--Section 925A of such title is amended--
(1) in the section heading, by striking ``Remedy for
erroneous denial of firearm'' and inserting ``Remedies'';
(2) by striking ``Any person denied a firearm pursuant to
subsection (s) or (t) of section 922'' and inserting the
following:
``(a) Except as provided in subsection (b), any person denied a
firearm pursuant to section 922(t) or pursuant to a determination made
under section 922B,''; and
(3) by adding after and below the end the following:
``(b) In any case in which the Attorney General has denied the
transfer of a firearm to a prospective transferee pursuant to section
922A or has made a determination regarding a firearm permit applicant
pursuant to section 922B, an action challenging the determination may
be brought against the United States. The petition must be filed not
later than 60 days after the petitioner has received actual notice of
the Attorney General's determination made pursuant to section 922A or
922B. The court shall sustain the Attorney General's determination on a
showing by the United States by a preponderance of evidence that the
Attorney General's determination satisfied the requirements of section
922A or 922B. To make this showing, the United States may submit, and
the court may rely on, summaries or redacted versions of documents
containing information the disclosure of which the Attorney General has
determined would likely compromise national security. On request of the
petitioner or the court's own motion, the court may review the full,
undisclosed documents ex parte and in camera. The court shall determine
whether the summaries or redacted versions, as the case may be, are
fair and accurate representations of the underlying documents. The
court shall not consider the full, undisclosed documents in deciding
whether the Attorney General's determination satisfies the requirements
of section 922A or 922B.''.
(k) Provision of Grounds Underlying Ineligibility Determination by
the National Instant Criminal Background Check System.--Section 103 of
the Brady Handgun Violence Prevention Act (Public Law 103-159) is
amended--
(1) in subsection (f)--
(A) by inserting after ``is ineligible to receive a
firearm,'' the following: ``or the Attorney General has
made a determination regarding an applicant for a
firearm permit pursuant to section 922B of title 18,
United States Code''; and
(B) by inserting after ``the system shall provide
such reasons to the individual,'' the following:
``except for any information the disclosure of which
the Attorney General has determined would likely
compromise national security''; and
(2) in subsection (g)--
(A) in the first sentence, by inserting after
``subsection (g) or (n) of section 922 of title 18,
United States Code or State law'' the following: ``or
if the Attorney General has made a determination
pursuant to section 922A or 922B of such title,'';
(B) by inserting ``, except any information the
disclosure of which the Attorney General has determined
would likely compromise national security'' before the
period; and
(C) by adding at the end the following: ``Any
petition for review of information withheld by the
Attorney General under this subsection shall be made in
accordance with section 925A of title 18, United States
Code.''.
(l) Unlawful Distribution of Explosives Based on Attorney General
Discretionary Denial.--Section 842(d) of such title is amended--
(1) by striking the period at the end of paragraph (9) and
inserting ``; or''; and
(2) by adding at the end the following:
``(10) has received actual notice of the Attorney General's
determination made pursuant to section 843(b)(8) or (d)(2) of
this title.''.
(m) Attorney General Discretionary Denial as Prohibitor.--Section
842(i) of such title is amended--
(1) by adding ``or'' at the end of paragraph (7); and
(2) by inserting after paragraph (7) the following:
``(8) who has received actual notice of the Attorney
General's determination made pursuant to section 843(b)(8) or
(d)(2),''.
(n) Attorney General Discretionary Denial of Federal Explosives
Licenses and Permits.--Section 843(b) of such title is amended--
(1) by striking ``Upon'' and inserting the following:
``Except as provided in paragraph (8), on''; and
(2) by inserting after paragraph (7) the following:
``(8) The Attorney General may deny the issuance of a
permit or license to an applicant if the Attorney General
determines that the applicant or a responsible person or
employee possessor thereof is known (or appropriately
suspected) to be or have been engaged in conduct constituting,
in preparation of, in aid of, or related to terrorism, or
providing material support thereof, and the Attorney General
has a reasonable belief that the person may use explosives in
connection with terrorism.''.
(o) Attorney General Discretionary Revocation of Federal Explosives
Licenses and Permits.--Section 843(d) of such title is amended--
(1) by inserting ``(1)'' in the first sentence after
``if''; and
(2) by striking the period at the end of the first sentence
and inserting the following: ``; or (2) the Attorney General
determines that the licensee or holder (or any responsible
person or employee possessor thereof) is known (or
appropriately suspected) to be or have been engaged in conduct
constituting, in preparation for, in aid of, or related to
terrorism, or providing material support thereof, and that the
Attorney General has a reasonable belief that the person may
use explosives in connection with terrorism.''.
(p) Attorney General's Ability To Withhold Information in
Explosives License and Permit Denial and Revocation Suits.--Section
843(e) of such title is amended--
(1) in the first sentence of paragraph (1), by inserting
``except that if the denial or revocation is based on a
determination under subsection (b)(8) or (d)(2), then any
information which the Attorney General relied on for the
determination may be withheld from the petitioner if the
Attorney General determines that disclosure of the information
would likely compromise national security'' before the period;
and
(2) in paragraph (2), by adding at the end the following:
``In responding to any petition for review of a denial or
revocation based on a determination under section 843(b)(8) or
(d)(2), the United States may submit, and the court may rely
on, summaries or redacted versions of documents containing
information the disclosure of which the Attorney General has
determined would likely compromise national security.''.
(q) Ability To Withhold Information in Communications to
Employers.--Section 843(h)(2) of such title is amended--
(1) in subparagraph (A), by inserting ``or section
843(b)(1) (on grounds of terrorism) of this title,'' after
``section 842(i),''; and
(2) in subparagraph (B)--
(A) by inserting ``or section 843(b)(8)'' after
``section 842(i)''; and
(B) in clause (ii), by inserting ``, except that
any information that the Attorney General relied on for
a determination pursuant to section 843(b)(8) may be
withheld if the Attorney General concludes that
disclosure of the information would likely compromise
national security'' before the semicolon.
(r) Conforming Amendment to Immigration and Nationality Act.--
Section 101(a)(43)(E)(ii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(43)(E)(ii)) is amended by striking `` or (5)'' and
inserting ``(5), or (10)''.
TITLE IV--REPORTING OF LOST OR STOLEN FIREARMS TO STATE OR LOCAL POLICE
SEC. 401. REQUIREMENT THAT GUN OWNERS REPORT LOST OR STOLEN FIREARMS TO
STATE OR LOCAL POLICE.
Section 923(g)(6) of title 18, United States Code, is amended--
(1) by inserting ``(A)'' after ``(6)''; and
(2) by adding after and below the end the following:
``(B) Each person who owns or possesses a firearm shall report the
theft or loss of the firearm, within 48 hours after the theft or loss
is discovered, to the appropriate local authorities.''.
TITLE V--CONCEALED FIREARMS PERMITS
SEC. 501. CONCEALED FIREARMS PERMITS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 926C the following:
``Sec. 926D. Concealed firearms permits
``(a) In General.--Each State that allows residents of the State to
carry concealed firearms in or affecting interstate or foreign commerce
shall--
``(1) establish a process to issue permits to residents of
the State to carry concealed firearms in or affecting
interstate or foreign commerce; and
``(2) require that each resident of the State seeking to
carry a concealed firearm in or affecting interstate or foreign
commerce in the State obtain a permit through the process
established under paragraph (1).
``(b) Requirements.--In establishing a process to issue permits to
carry concealed firearms under subsection (a), a State shall--
``(1) ensure that a local law enforcement agency
participates in the process; and
``(2) at a minimum, require that an applicant for a permit
to carry a concealed firearm in or affecting interstate or
foreign commerce--
``(A) be a legal resident of the United States;
``(B) be not less than 21 years of age;
``(C) demonstrate good cause for requesting a
concealed firearm permit;
``(D) demonstrate that the applicant is worthy of
the public trust to carry a concealed firearm in
public;
``(E) complete a firearm safety training course
certified by the State; and
``(F) not have been convicted of a crime of
violence.
``(c) Law Enforcement Agency Report.--If a State establishes a
process under subsection (a) that allows for an agency other than a law
enforcement agency to issue permits to carry concealed firearms, the
process shall require that--
``(1) a local law enforcement agency submit to the agency
responsible for issuing permits a written report that describes
whether the applicant meets the standards of the State to carry
a concealed firearm; and
``(2) the agency responsible for issuing permits maintain a
report submitted under paragraph (1) in the file of the
applicant.
``(d) Definition.--In this section, the term `local law enforcement
agency' means a law enforcement agency of the unit of local government
with jurisdiction of the area in which the applicant for a permit to
carry a concealed firearm resides.
``(e) Compliance.--Not later than 270 days after the date of
enactment of this section, each State described in subsection (a) shall
be in compliance with this section.''.
(b) Technical and Conforming Amendment.--The table of sections for
such chapter is amended by inserting after the item relating to section
926C the following:
``926D. Concealed firearms permits.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.
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