Public Safety and Second Amendment Rights Protection Act of 2015
Amends the Brady Handgun Violence Prevention Act to reauthorize for FY2016-FY2019 the grant program for improvements to the criminal history record system.
Amends the NICS Improvement Amendments Act of 2007 to: (1) establish a four-year implementation plan to ensure maximum coordination and automation of reporting of records or making records available to the National Instant Criminal Background Check System; (2) direct the Attorney General to make grants to states, Indian tribal governments, and state court systems to improve the automation and transmittal of mental health records and criminal history dispositions; (3) provide for withholding grant funds from states that have not implemented a relief from disabilities program and the reallocation of such funds to states that are in compliance; (4) make federal court information available for inclusion in the System; and (5) allow the submission to the System of mental health records that would otherwise be protected by the Health Insurance Portability and Accountability Act.
Provides that nothing in this Act shall be construed to: (1) expand the enforcement authority or jurisdiction of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; (2) allow the establishment, directly or indirectly, of a federal firearms registry; or (3) extend background check requirements to transfers of firearms other than those made at gun shows or over the Internet, or to temporary transfers for purposes including lawful hunting or sporting, or to temporary possession of a firearm for purposes of examination or evaluation by a prospective transferee.
National Commission on Mass Violence Act of 2015
Establishes the National Commission on Mass Violence to study the availability and nature of firearms, including the means of acquiring firearms, issues relating to mental health, and the impacts of the availability and nature of firearms on incidents of mass violence or in preventing mass violence. Requires the Commission to conduct a comprehensive factual study of incidents of mass violence, including incidents not involving firearms, to determine the root causes of such mass violence.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1217 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 1217
To protect Second Amendment rights, ensure that all individuals who
should be prohibited from buying a firearm are listed in the National
Instant Criminal Background Check System, and provide a responsible and
consistent background check process.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 3, 2015
Mr. King of New York (for himself, Mr. Thompson of California, Mr.
Fitzpatrick, Mr. Meehan, Ms. Esty, Mr. Dold, Miss Rice of New York, and
Mr. Thompson of Mississippi) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Veterans' Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To protect Second Amendment rights, ensure that all individuals who
should be prohibited from buying a firearm are listed in the National
Instant Criminal Background Check System, and provide a responsible and
consistent background check process.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Public Safety and
Second Amendment Rights Protection Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Rule of construction.
Sec. 4. Severability.
TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM
BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM
Sec. 101. Reauthorization of the National Criminal History Records
Improvement Program.
Sec. 102. Improvement of metrics and incentives.
Sec. 103. Grants to States for improvement of coordination and
automation of NICS record reporting.
Sec. 104. Relief from disabilities program.
Sec. 105. Additional protections for veterans.
Sec. 106. Clarification that Federal court information is to be made
available to the National Instant Criminal
Background Check System.
Sec. 107. Clarification that submission of mental health records to the
National Instant Criminal Background Check
System is not prohibited by the Health
Insurance Portability and Accountability
Act.
Sec. 108. Publication of NICS index statistics.
Sec. 109. Effective date.
TITLE II--PROVIDING A RESPONSIBLE AND CONSISTENT BACKGROUND CHECK
PROCESS
Sec. 201. Purpose.
Sec. 202. Firearms transfers.
Sec. 203. Penalties.
Sec. 204. Firearms dispositions.
Sec. 205. Firearm dealer access to law enforcement information.
Sec. 206. Dealer location.
Sec. 207. Residence of United States officers.
Sec. 208. Interstate transportation of firearms or ammunition.
Sec. 209. Rule of construction.
Sec. 210. Effective date.
TITLE III--NATIONAL COMMISSION ON MASS VIOLENCE
Sec. 301. Short title.
Sec. 302. National Commission on Mass Violence.
Sec. 303. Duties of the Commission.
Sec. 304. Powers of the Commission.
Sec. 305. Commission personnel matters.
Sec. 306. Authorization of appropriations.
Sec. 307. Termination of the Commission.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress supports, respects, and defends the
fundamental, individual right to keep and bear arms guaranteed
by the Second Amendment to the Constitution of the United
States.
(2) Congress supports and reaffirms the existing
prohibition on a national firearms registry.
(3) Congress believes the Department of Justice should
prosecute violations of background check requirements to the
maximum extent of the law.
(4) There are deficits in the background check system in
existence prior to the date of enactment of this Act and the
Department of Justice should make it a top priority to work
with States to swiftly input missing records, including mental
health records.
(5) Congress and the citizens of the United States agree
that in order to promote safe and responsible gun ownership,
dangerous criminals and the seriously mentally ill should be
prohibited from possessing firearms; therefore, it should be
incumbent upon all citizens to ensure weapons are not being
transferred to such people.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act, or any amendment made by this Act, shall be
construed to--
(1) expand in any way the enforcement authority or
jurisdiction of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives; or
(2) allow the establishment, directly or indirectly, of a
Federal firearms registry.
SEC. 4. SEVERABILITY.
If any provision of this Act or an amendment made by this Act, or
the application of a provision or amendment to any person or
circumstance, is held to be invalid for any reason in any court of
competent jurisdiction, the remainder of this Act and amendments made
by this Act, and the application of the provisions and amendment to any
other person or circumstance, shall not be affected.
TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM
BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM
SEC. 101. REAUTHORIZATION OF THE NATIONAL CRIMINAL HISTORY RECORDS
IMPROVEMENT PROGRAM.
Section 106(b) of Public Law 103-159 (18 U.S.C. 922 note) is
amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``of this Act'' and inserting ``of the Public
Safety and Second Amendment Rights Protection Act of 2015'';
and
(2) by striking paragraph (2) and inserting the following:
``(2) Authorization of appropriations.--There are
authorized to be appropriated for grants under this subsection
$100,000,000 for each of fiscal years 2016 through 2019.''.
SEC. 102. IMPROVEMENT OF METRICS AND INCENTIVES.
Section 102(b) of the NICS Improvement Amendments Act of 2007 (18
U.S.C. 922 note) is amended to read as follows:
``(b) Implementation Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Public Safety and Second Amendment Rights
Protection Act of 2015, the Attorney General, in coordination
with the States, shall establish, for each State or Indian
tribal government applying for a grant under section 103, a 4-
year implementation plan to ensure maximum coordination and
automation of the reporting of records or making of records
available to the National Instant Criminal Background Check
System.
``(2) Benchmark requirements.--Each 4-year plan established
under paragraph (1) shall include annual benchmarks, including
both qualitative goals and quantitative measures, to enable the
Attorney General to assess implementation of the 4-year plan.
``(3) Penalties for non-compliance.--
``(A) In general.--During the 4-year period covered
by a 4-year plan established under paragraph (1), the
Attorney General shall withhold--
``(i) 10 percent of the amount that would
otherwise be allocated to a State under section
505 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3755) if the
State does not meet the benchmark established
under paragraph (2) for the first year in the
4-year period;
``(ii) 11 percent of the amount that would
otherwise be allocated to a State under section
505 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3755) if the
State does not meet the benchmark established
under paragraph (2) for the second year in the
4-year period;
``(iii) 13 percent of the amount that would
otherwise be allocated to a State under section
505 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3755) if the
State does not meet the benchmark established
under paragraph (2) for the third year in the
4-year period; and
``(iv) 15 percent of the amount that would
otherwise be allocated to a State under section
505 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3755) if the
State does not meet the benchmark established
under paragraph (2) for the fourth year in the
4-year period.
``(B) Failure to establish a plan.--A State that
fails to establish a plan under paragraph (1) shall be
treated as having not met any benchmark established
under paragraph (2).''.
SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION AND
AUTOMATION OF NICS RECORD REPORTING.
(a) In General.--The NICS Improvement Amendments Act of 2007 (18
U.S.C. 922 note) is amended--
(1) by striking section 103 and inserting the following:
``SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION AND
AUTOMATION OF NICS RECORD REPORTING.
``(a) Authorization.--From amounts made available to carry out this
section, the Attorney General shall make grants to States, Indian
Tribal governments, and State court systems, in a manner consistent
with the National Criminal History Improvement Program and consistent
with State plans for integration, automation, and accessibility of
criminal history records, for use by the State, or units of local
government of the State, Indian Tribal government, or State court
system to improve the automation and transmittal of mental health
records and criminal history dispositions, records relevant to
determining whether a person has been convicted of a misdemeanor crime
of domestic violence, court orders, and mental health adjudications or
commitments to Federal and State record repositories in accordance with
section 102 and the National Criminal History Improvement Program.
``(b) Use of Grant Amounts.--Grants awarded to States, Indian
Tribal governments, or State court systems under this section may only
be used to--
``(1) carry out, as necessary, assessments of the
capabilities of the courts of the State or Indian Tribal
government for the automation and transmission of arrest and
conviction records, court orders, and mental health
adjudications or commitments to Federal and State record
repositories;
``(2) implement policies, systems, and procedures for the
automation and transmission of arrest and conviction records,
court orders, and mental health adjudications or commitments to
Federal and State record repositories;
``(3) create electronic systems that provide accurate and
up-to-date information which is directly related to checks
under the National Instant Criminal Background Check System,
including court disposition and corrections records;
``(4) assist States or Indian Tribal governments in
establishing or enhancing their own capacities to perform
background checks using the National Instant Criminal
Background Check System; and
``(5) develop and maintain the relief from disabilities
program in accordance with section 105.
``(c) Eligibility.--
``(1) In general.--To be eligible for a grant under this
section, a State, Indian Tribal government, or State court
system shall certify, to the satisfaction of the Attorney
General, that the State, Indian Tribal government, or State
court system--
``(A) is not prohibited by State law or court order
from submitting mental health records to the National
Instant Criminal Background Check System; and
``(B) subject to paragraph (2), has implemented a
relief from disabilities program in accordance with
section 105.
``(2) Relief from disabilities program.--For purposes of
obtaining a grant under this section, a State, Indian Tribal
government, or State court system shall not be required to meet
the eligibility requirement described in paragraph (1)(B) until
the date that is 2 years after the date of enactment of the
Public Safety and Second Amendment Rights Protection Act of
2015.
``(d) Federal Share.--
``(1) Studies, assessments, non-material activities.--The
Federal share of a study, assessment, creation of a task force,
or other non-material activity, as determined by the Attorney
General, carried out with a grant under this section shall be
not more than 25 percent.
``(2) Infrastructure or system development.--The Federal
share of an activity involving infrastructure or system
development, including labor-related costs, for the purpose of
improving State or Indian Tribal government record reporting to
the National Instant Criminal Background Check System carried
out with a grant under this section may amount to 100 percent
of the cost of the activity.
``(e) Grants to Indian Tribes.--Up to 5 percent of the grant
funding available under this section may be reserved for Indian tribal
governments for use by Indian tribal judicial systems.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2016 through 2019.'';
(2) by striking title III; and
(3) in section 401(b), by inserting after ``of this Act''
the following: ``and 18 months after the date of enactment of
the Public Safety and Second Amendment Rights Protection Act of
2015''.
(b) Technical and Conforming Amendment.--The table of sections in
section 1(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C.
922 note) is amended by striking the item relating to section 103 and
inserting the following:
``Sec. 103. Grants to States for improvement of coordination and
automation of NICS record reporting.''.
SEC. 104. RELIEF FROM DISABILITIES PROGRAM.
Section 105 of the NICS Improvement Amendments Act of 2007 (18
U.S.C. 922 note) is amended by adding at the end the following:
``(c) Penalties for Non-Compliance.--
``(1) 10 percent reduction.--During the 1-year period
beginning 2 years after the date of enactment of the Public
Safety and Second Amendment Rights Protection Act of 2015, the
Attorney General shall withhold 10 percent of the amount that
would otherwise be allocated to a State under section 505 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3755) if the State has not implemented a relief from
disabilities program in accordance with this section.
``(2) 11 percent reduction.--During the 1-year period after
the expiration of the period described in paragraph (1), the
Attorney General shall withhold 11 percent of the amount that
would otherwise be allocated to a State under section 505 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3755) if the State has not implemented a relief from
disabilities program in accordance with this section.
``(3) 13 percent reduction.--During the 1-year period after
the expiration of the period described in paragraph (2), the
Attorney General shall withhold 13 percent of the amount that
would otherwise be allocated to a State under section 505 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3755) if the State has not implemented a relief from
disabilities program in accordance with this section.
``(4) 15 percent reduction.--After the expiration of the 1-
year period described in paragraph (3), the Attorney General
shall withhold 15 percent of the amount that would otherwise be
allocated to a State under section 505 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the
State has not implemented a relief from disabilities program in
accordance with this section.
``(5) Reallocation.--Amounts not allocated under section
505 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3755) to a State for failure to implement a relief
from disabilities program shall be reallocated to States that
are in compliance.''.
SEC. 105. ADDITIONAL PROTECTIONS FOR VETERANS.
(a) In General.--Chapter 55 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 5511. Conditions for treatment of certain persons as adjudicated
mentally incompetent for certain purposes
``(a) In General.--In any case arising out of the administration by
the Secretary of laws and benefits under this title, a person who is
determined by the Secretary to be mentally incompetent shall not be
considered adjudicated pursuant to subsection (d)(4) or (g)(4) of
section 922 of title 18 until--
``(1) in the case in which the person does not request a
review as described in subsection (c)(1), the end of the 30-day
period beginning on the date on which the person receives
notice submitted under subsection (b); or
``(2) in the case in which the person requests a review as
described in paragraph (1) of subsection (c), upon an
assessment by the board designated or established under
paragraph (2) of such subsection or court of competent
jurisdiction that a person cannot safely use, carry, possess,
or store a firearm due to mental incompetency.
``(b) Notice.--Notice submitted under this subsection to a person
described in subsection (a) is notice submitted by the Secretary that
notifies the person of the following:
``(1) The determination made by the Secretary.
``(2) A description of the implications of being considered
adjudicated as a mental defective under subsection (d)(4) or
(g)(4) of section 922 of title 18.
``(3) The person's right to request a review under
subsection (c)(1).
``(c) Administrative Review.--(1) Not later than 30 days after the
date on which a person described in subsection (a) receives notice
submitted under subsection (b), such person may request a review by the
board designed or established under paragraph (2) or a court of
competent jurisdiction to assess whether a person cannot safely use,
carry, possess, or store a firearm due to mental incompetency. In such
assessment, the board may consider the person's honorable discharge or
decoration.
``(2) Not later than 180 days after the date of enactment of the
Public Safety and Second Amendment Rights Protection Act of 2015, the
Secretary shall designate or establish a board that shall, upon request
of a person under paragraph (1), assess whether a person cannot safely
use, carry, possess, or store a firearm due to mental incompetency.
``(d) Judicial Review.--Not later than 30 days after the date of an
assessment of a person under subsection (c) by the board designated or
established under paragraph (2) of such subsection, such person may
file a petition for judicial review of such assessment with a Federal
court of competent jurisdiction.
``(e) Protecting Rights of Veterans With Existing Records.--Not
later than 90 days after the date of enactment of the Public Safety and
Second Amendment Rights Protection Act of 2015, the Secretary shall
provide written notice of the opportunity for administrative review and
appeal under subsection (c) to all persons who, on the date of
enactment of the Public Safety and Second Amendment Rights Protection
Act of 2015, are considered adjudicated pursuant to subsection (d)(4)
or (g)(4) of section 922 of title 18 as a result of having been found
by the Department of Veterans Affairs to be mentally incompetent.
``(f) Future Determinations.--
``(1) In general.--Not later than 180 days after the
enactment of the Public Safety and Second Amendment Rights
Protection Act of 2015, the Secretary shall review the policies
and procedures by which individuals are determined to be
mentally incompetent, and shall revise such policies and
procedures as necessary to ensure that any individual who is
competent to manage his own financial affairs, including his
receipt of Federal benefits, but who voluntarily turns over the
management thereof to a fiduciary is not considered adjudicated
pursuant to subsection (d)(4) or (g)(4) of section 922 of title
18.
``(2) Report.--Not later than 30 days after the Secretary
has made the review and changes required under paragraph (1),
the Secretary shall submit to Congress a report detailing the
results of the review and any resulting policy and procedural
changes.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of such title is amended by adding at the end the following
new item:
``5511. Conditions for treatment of certain persons as adjudicated
mentally incompetent for certain
purposes.''.
(c) Applicability.--Section 5511 of title 38, United States Code
(as added by this section), shall apply only with respect to persons
who are determined by the Secretary of Veterans Affairs, on or after
the date of the enactment of this Act, to be mentally incompetent,
except that those persons who are provided notice pursuant to section
5511(e) of such title shall be entitled to use the administrative
review under section 5511(c) of such title and, as necessary, the
subsequent judicial review under section 5511(d) of such title.
SEC. 106. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE
AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM.
Section 103(e)(1) of Public Law 103-159 (18 U.S.C. 922 note) is
amended by adding at the end the following:
``(F) Application to federal courts.--In this
subsection--
``(i) the terms `department or agency of
the United States' and `Federal department or
agency' include a Federal court; and
``(ii) for purposes of any request,
submission, or notification, the Director of
the Administrative Office of the United States
Courts shall perform the functions of the head
of the department or agency.''.
SEC. 107. CLARIFICATION THAT SUBMISSION OF MENTAL HEALTH RECORDS TO THE
NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM IS NOT
PROHIBITED BY THE HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT.
Information collected under section 102(c)(3) of the NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to assist the
Attorney General in enforcing section 922(g)(4) of title 18, United
States Code, shall not be subject to the regulations promulgated under
section 264(c) of the Health Insurance Portability and Accountability
Act of 1996 (42 U.S.C. 1320d-2 note).
SEC. 108. PUBLICATION OF NICS INDEX STATISTICS.
Not later than 180 days after the date of enactment of this Act,
and biannually thereafter, the Attorney General shall make the National
Instant Criminal Background Check System index statistics available on
a publically accessible Internet website.
SEC. 109. EFFECTIVE DATE.
The amendments made by this title shall take effect 180 days after
the date of enactment of this Act.
TITLE II--PROVIDING A RESPONSIBLE AND CONSISTENT BACKGROUND CHECK
PROCESS
SEC. 201. PURPOSE.
The purpose of this title is to enhance the current background
check process in the United States to ensure criminals and the mentally
ill are not able to purchase firearms.
SEC. 202. FIREARMS TRANSFERS.
(a) In General.--Section 922 of title 18, United States Code, is
amended--
(1) by repealing subsection (s);
(2) by redesignating subsection (t) as subsection (s);
(3) in subsection (s), as redesignated--
(A) in paragraph (1)(B)--
(i) in clause (i), by striking ``or'';
(ii) in clause (ii), by striking ``and'' at
the end; and
(iii) by adding at the end the following:
``(iii) in the case of an instant background check
conducted at a gun show or event during the 4-year period
beginning on the effective date under section 210(a) of the
Public Safety and Second Amendment Rights Protection Act of
2015, 48 hours have elapsed since the licensee contacted the
system, and the system has not notified the licensee that the
receipt of a firearm by such other person would violate
subsection (g) or (n) of this section; or
``(iv) in the case of an instant background check conducted
at a gun show or event after the 4-year period described in
clause (iii), 24 hours have elapsed since the licensee
contacted the system, and the system has not notified the
licensee that the receipt of a firearm by such other person
would violate subsection (g) or (n) of this section; and'';
(B) in paragraph (3)(C)(ii), by striking ``(as
defined in subsection (s)(8))''; and
(C) by adding at the end the following:
``(7) In this subsection--
``(A) the term `chief law enforcement officer'
means the chief of police, the sheriff, or an
equivalent officer or the designee of any such
individual; and
``(B) the term `gun show or event' has the meaning
given the term in subsection (t)(7).
``(8) The Federal Bureau of Investigation shall not charge
a user fee for a background check conducted pursuant to this
subsection.
``(9) Notwithstanding any other provision of this chapter,
upon receiving a request for an instant background check that
originates from a gun show or event, the system shall complete
the instant background check before completing any pending
instant background check that did not originate from a gun show
or event.''; and
(4) by inserting after subsection (s), as redesignated, the
following:
``(t)(1) Beginning on the date that is 180 days after the date of
enactment of this subsection and except as provided in paragraph (2),
it shall be unlawful for any person other than a licensed dealer,
licensed manufacturer, or licensed importer to complete the transfer of
a firearm to any other person who is not licensed under this chapter,
if such transfer occurs--
``(A) at a gun show or event, on the curtilage thereof; or
``(B) pursuant to an advertisement, posting, display or
other listing on the Internet or in a publication by the
transferor of his intent to transfer, or the transferee of his
intent to acquire, the firearm.
``(2) Paragraph (1) shall not apply if--
``(A) the transfer is made after a licensed importer,
licensed manufacturer, or licensed dealer has first taken
possession of the firearm for the purpose of complying with
subsection (s), and upon taking possession of the firearm, the
licensee complies with all requirements of this chapter as if
the licensee were transferring the firearm from the licensee's
business inventory to the unlicensed transferee, except that
when processing a transfer under this chapter the licensee may
accept in lieu of conducting a background check a valid permit
issued within the previous 5 years by a State, or a political
subdivision of a State, that allows the transferee to possess,
acquire, or carry a firearm, if the law of the State, or
political subdivision of a State, that issued the permit
requires that such permit is issued only after an authorized
government official has verified that the information available
to such official does not indicate that possession of a firearm
by the unlicensed transferee would be in violation of Federal,
State, or local law;
``(B) the transfer is made between an unlicensed transferor
and an unlicensed transferee residing in the same State, which
takes place in such State, if--
``(i) the Attorney General certifies that State in
which the transfer takes place has in effect
requirements under law that are generally equivalent to
the requirements of this section; and
``(ii) the transfer was conducted in compliance
with the laws of the State;
``(C) the transfer is made between spouses, between parents
or spouses of parents and their children or spouses of their
children, between siblings or spouses of siblings, or between
grandparents or spouses of grandparents and their grandchildren
or spouses of their grandchildren, or between aunts or uncles
or their spouses and their nieces or nephews or their spouses,
or between first cousins, if the transferor does not know or
have reasonable cause to believe that the transferee is
prohibited from receiving or possessing a firearm under
Federal, State, or local law; or
``(D) the Attorney General has approved the transfer under
section 5812 of the Internal Revenue Code of 1986.
``(3) A licensed importer, licensed manufacturer, or licensed
dealer who processes a transfer of a firearm authorized under paragraph
(2)(A) shall not be subject to a license revocation or license denial
based solely upon a violation of those paragraphs, or a violation of
the rules or regulations promulgated under this paragraph, unless the
licensed importer, licensed manufacturer, or licensed dealer--
``(A) knows or has reasonable cause to believe that the
information provided for purposes of identifying the
transferor, transferee, or the firearm is false;
``(B) knows or has reasonable cause to believe that the
transferee is prohibited from purchasing, receiving, or
possessing a firearm by Federal or State law, or published
ordinance; or
``(C) knowingly violates any other provision of this
chapter, or the rules or regulations promulgated thereunder.
``(4)(A) Notwithstanding any other provision of this chapter,
except for section 923(m), the Attorney General may implement this
subsection with regulations.
``(B) Regulations promulgated under this paragraph may not include
any provision requiring licensees to facilitate transfers in accordance
with paragraph (2)(A).
``(C) Regulations promulgated under this paragraph may not include
any provision requiring persons not licensed under this chapter to keep
records of background checks or firearms transfers.
``(D) Regulations promulgated under this paragraph may not include
any provision placing a cap on the fee licensees may charge to
facilitate transfers in accordance with paragraph (2)(A).
``(5)(A) A person other than a licensed importer, licensed
manufacturer, or licensed dealer, who makes a transfer of a firearm in
accordance with this section, or who is the organizer of a gun show or
event at which such transfer occurs, shall be immune from a qualified
civil liability action relating to the transfer of the firearm as if
the person were a seller of a qualified product.
``(B) A provider of an interactive computer service shall be immune
from a qualified civil liability action relating to the transfer of a
firearm as if the provider of an interactive computer service were a
seller of a qualified product.
``(C) In this paragraph--
``(i) the term `interactive computer service' shall have
the meaning given the term in section 230(f) of the
Communications Act of 1934 (47 U.S.C. 230(f)); and
``(ii) the terms `qualified civil liability action',
`qualified product', and `seller' shall have the meanings given
the terms in section 4 of the Protection of Lawful Commerce in
Arms Act (15 U.S.C. 7903).
``(D) Nothing in this paragraph shall be construed to affect the
immunity of a provider of an interactive computer service under section
230 of the Communications Act of 1934 (47 U.S.C. 230).
``(6) In any civil liability action in any State or Federal court
arising from the criminal or unlawful use of a firearm following a
transfer of such firearm for which no background check was required
under this section, this section shall not be construed--
``(A) as creating a cause of action for any civil
liability; or
``(B) as establishing any standard of care.
``(7) For purposes of this subsection, the term `gun show or
event'--
``(A) means any event at which 75 or more firearms are
offered or exhibited for sale, exchange, or transfer, if 1 or
more of the firearms has been shipped or transported in, or
otherwise affects, interstate or foreign commerce; and
``(B) does not include an offer or exhibit of firearms for
sale, exchange, or transfer by an individual from the personal
collection of that individual, at the private residence of that
individual, if the individual is not required to be licensed
under section 923.''.
(b) Prohibiting the Seizure of Records or Documents.--Section
923(g)(1)(D) of such title is amended by striking ``The inspection and
examination authorized by this paragraph shall not be construed as
authorizing the Attorney General to seize any records or other
documents other than those records or documents constituting material
evidence of a violation of law.'' and inserting ``The Attorney General
shall be prohibited from seizing any records or other documents in the
course of an inspection or examination authorized by this paragraph
other than those records or documents constituting material evidence of
a violation of law.''.
(c) Prohibition of National Gun Registry.--Section 923 of such
title is amended by adding at the end the following:
``(m) The Attorney General may not consolidate or centralize the
records of the--
``(1) acquisition or disposition of firearms, or any
portion thereof, maintained by--
``(A) a person with a valid, current license under
this chapter; or
``(B) an unlicensed transferor under section
922(t); or
``(2) possession or ownership of a firearm, maintained by
any medical or health insurance entity.''.
(d) Technical and Conforming Amendments.--
(1) Section 922.--Section 922(y)(2) of title 18, United
States Code, is amended, in the matter preceding subparagraph
(A), by striking ``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and
inserting ``and (g)(5)(B)''.
(2) Consolidated and further continuing appropriations act,
2012.--Section 511 of title V of division B of the Consolidated
and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922
note) is amended by striking ``subsection 922(t)'' each place
it appears and inserting ``subsection (s) or (t) of section
922''.
SEC. 203. PENALTIES.
Section 924 of title 18, United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(8) Whoever makes or attempts to make a transfer of a firearm in
violation of section 922(t) to a person not licensed under this chapter
who is prohibited from receiving a firearm under subsection (g) or (n)
of section 922 or State law, to a law enforcement officer, or to a
person acting at the direction of, or with the approval of, a law
enforcement officer authorized to investigate or prosecute violations
of section 922(t), shall be fined under this title, imprisoned not more
than 5 years, or both.''; and
(2) by adding at the end the following:
``(q) Improper Use of Storage of Records.--Any person who knowingly
violates section 923(m) shall be fined under this title, imprisoned not
more than 15 years, or both.''.
SEC. 204. FIREARMS DISPOSITIONS.
Section 922(b)(3) of title 18, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``located'' and inserting ``located or temporarily located'';
and
(2) in subparagraph (A)--
(A) by striking ``rifle or shotgun'' and inserting
``firearm'';
(B) by striking ``located'' and inserting ``located
or temporarily located''; and
(C) by striking ``both such States'' and inserting
``the State in which the transfer is conducted and the
State of residence of the transferee''.
SEC. 205. FIREARM DEALER ACCESS TO LAW ENFORCEMENT INFORMATION.
Section 103(b) of Public Law 103-159 (18 U.S.C. 922 note) is
amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(2) by adding at the end the following:
``(2) Voluntary background checks.--Not later than 90 days
after the date of enactment of the Public Safety and Second
Amendment Rights Protection Act of 2015, the Attorney General
shall promulgate regulations allowing licensees to use the
National Instant Criminal Background Check System established
under this section for purposes of conducting voluntary
preemployment background checks on prospective employees.''.
SEC. 206. DEALER LOCATION.
Section 923 of title 18, United States Code, is amended--
(1) in subsection (j)--
(A) in the first sentence, by striking ``, and such
location is in the State which is specified on the
license''; and
(B) in the last sentence--
(i) by inserting ``transfer,'' after
``sell,''; and
(ii) by striking ``Act,'' and all that
follows and inserting ``Act.''; and
(2) by adding after subsection (m), as added by section
202(c), the following:
``(n) Nothing in this chapter shall be construed to prohibit the
sale, transfer, delivery, or other disposition of a firearm or
ammunition not otherwise prohibited under this chapter--
``(1) by a person licensed under this chapter to another
person so licensed, at any location in any State; or
``(2) by a licensed importer, licensed manufacturer, or
licensed dealer to a person not licensed under this chapter, at
a temporary location described in subsection (j) in any
State.''.
SEC. 207. RESIDENCE OF UNITED STATES OFFICERS.
Section 921 of title 18, United States Code, is amended by striking
subsection (b) and inserting the following:
``(b) For purposes of this chapter:
``(1) A member of the Armed Forces on active duty, or a
spouse of such a member, is a resident of--
``(A) the State in which the member or spouse
maintains legal residence;
``(B) the State in which the permanent duty station
of the member is located; and
``(C) the State in which the member maintains a
place of abode from which the member commutes each day
to the permanent duty station of the member.
``(2) An officer or employee of the United States (other
than a member of the Armed Forces) who is stationed outside the
United States for a period of more than 1 year, and a spouse of
such an officer or employee, is a resident of the State in
which the person maintains legal residence.''.
SEC. 208. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.
(a) In General.--Section 926A of title 18, United States Code, is
amended to read as follows:
``Sec. 926A. Interstate transportation of firearms or ammunition
``(a) Definition.--In this section, the term `transport'--
``(1) includes staying in temporary lodging overnight,
stopping for food, fuel, vehicle maintenance, an emergency,
medical treatment, and any other activity incidental to the
transport; and
``(2) does not include transportation--
``(A) with the intent to commit a crime punishable
by imprisonment for a term exceeding 1 year that
involves a firearm; or
``(B) with knowledge, or reasonable cause to
believe, that a crime described in subparagraph (A) is
to be committed in the course of, or arising from, the
transportation.
``(b) Authorization.--Notwithstanding any provision of any law
(including a rule or regulation) of a State or any political
subdivision thereof, a person who is not prohibited by this chapter
from possessing, transporting, shipping, or receiving a firearm or
ammunition shall be entitled to--
``(1) transport a firearm for any lawful purpose from any
place where the person may lawfully possess, carry, or
transport the firearm to any other such place if, during the
transportation--
``(A) the firearm is unloaded; and
``(B)(i) if the transportation is by motor
vehicle--
``(I) the firearm is not directly
accessible from the passenger compartment of
the motor vehicle; or
``(II) if the motor vehicle is without a
compartment separate from the passenger
compartment, the firearm is--
``(aa) in a locked container other
than the glove compartment or console;
or
``(bb) secured by a secure gun
storage or safety device; or
``(ii) if the transportation is by other means, the
firearm is in a locked container or secured by a secure
gun storage or safety device; and
``(2) transport ammunition for any lawful purpose from any
place where the person may lawfully possess, carry, or
transport the ammunition, to any other such place if, during
the transportation--
``(A) the ammunition is not loaded into a firearm;
and
``(B)(i) if the transportation is by motor
vehicle--
``(I) the ammunition is not directly
accessible from the passenger compartment of
the motor vehicle; or
``(II) if the motor vehicle is without a
compartment separate from the passenger
compartment, the ammunition is in a locked
container other than the glove compartment or
console; or
``(ii) if the transportation is by other means, the
ammunition is in a locked container.
``(c) Limitation on Arrest Authority.--A person who is transporting
a firearm or ammunition may not be--
``(1) arrested for violation of any law or any rule or
regulation of a State, or any political subdivision thereof,
relating to the possession, transportation, or carrying of
firearms or ammunition, unless there is probable cause that the
transportation is not in accordance with subsection (b); or
``(2) detained for violation of any law or any rule or
regulation of a State, or any political subdivision thereof,
relating to the possession, transportation, or carrying of
firearms or ammunition, unless there is reasonable suspicion
that the transportation is not in accordance with subsection
(b).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 44 of such title is amended by striking the item relating to
section 926A and inserting the following:
``926A. Interstate transportation of firearms or ammunition.''.
SEC. 209. RULE OF CONSTRUCTION.
Nothing in this title, or an amendment made by this title, shall be
construed--
(1) to extend background check requirements to transfers
other than those made at gun shows or on the curtilage thereof,
or pursuant to an advertisement, posting, display, or other
listing on the Internet or in a publication by the transferor
of the intent of the transferor to transfer, or the transferee
of the intent of the transferee to acquire, the firearm; or
(2) to extend background check requirements to temporary
transfers for purposes including lawful hunting or sporting or
to temporary possession of a firearm for purposes of
examination or evaluation by a prospective transferee.
SEC. 210. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title
and the amendments made by this title shall take effect 180 days after
the date of enactment of this Act.
(b) Firearm Dealer Access to Law Enforcement Information.--Section
205 and the amendments made by section 205 shall take effect on the
date of enactment of this Act.
TITLE III--NATIONAL COMMISSION ON MASS VIOLENCE
SEC. 301. SHORT TITLE.
This title may be cited as the ``National Commission on Mass
Violence Act of 2015''.
SEC. 302. NATIONAL COMMISSION ON MASS VIOLENCE.
(a) Establishment of Commission.--There is established a commission
to be known as the National Commission on Mass Violence (in this title
referred to as the ``Commission'') to study the availability and nature
of firearms, including the means of acquiring firearms, issues relating
to mental health, and all positive and negative impacts of the
availability and nature of firearms on incidents of mass violence or in
preventing mass violence.
(b) Membership.--
(1) Appointments.--The Commission shall be composed of 12
members, of whom--
(A) 6 members of the Commission shall be appointed
by the Majority Leader of the Senate, in consultation
with the Minority Leader of the Senate, 1 of whom shall
serve as Chairman of the Commission; and
(B) 6 members of the Commission shall be appointed
by the Speaker of the House of Representatives, in
consultation with the Minority Leader of the House of
Representatives, 1 of whom shall serve as Vice Chairman
of the Commission.
(2) Persons eligible.--
(A) In general.--The members appointed to the
Commission shall include--
(i) well-known and respected individuals
among their peers in their respective fields of
expertise; and
(ii) not less than 1 non-elected individual
from each of the following categories, who has
expertise in the category, by both experience
and training:
(I) Firearms.
(II) Mental health.
(III) School safety.
(IV) Mass media.
(B) Experts.--In identifying the individuals to
serve on the Commission, the appointing authorities
shall take special care to identify experts in the
fields described in section 303(a)(2).
(C) Party affiliation.--Not more than 6 members of
the Commission shall be from the same political party.
(3) Completion of appointments; vacancies.--Not later than
30 days after the date of enactment of this Act, the appointing
authorities under paragraph (1) shall each make their
respective appointments. Any vacancy that occurs during the
life of the Commission shall not affect the powers of the
Commission, and shall be filled in the same manner as the
original appointment not later than 30 days after the vacancy
occurs.
(4) Operation of the commission.--
(A) Meetings.--
(i) In general.--The Commission shall meet
at the call of the Chairman.
(ii) Initial meeting.--The initial meeting
of the Commission shall be conducted not later
than 30 days after the later of--
(I) the date of the appointment of
the last member of the Commission; or
(II) the date on which appropriated
funds are available for the Commission.
(B) Quorum; vacancies; voting; rules.--A majority
of the members of the Commission shall constitute a
quorum to conduct business, but the Commission may
establish a lesser quorum for conducting hearings
scheduled by the Commission. Each member of the
Commission shall have 1 vote, and the vote of each
member shall be accorded the same weight. The
Commission may establish by majority vote any other
rules for the conduct of the Commission's business, if
such rules are not inconsistent with this title or
other applicable law.
SEC. 303. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--It shall be the duty of the Commission to
conduct a comprehensive factual study of incidents of mass
violence, including incidents of mass violence not involving
firearms, in the context of the many acts of senseless mass
violence that occur in the United States each year, in order to
determine the root causes of such mass violence.
(2) Matters to be studied.--In determining the root causes
of these recurring and tragic acts of mass violence, the
Commission shall study any matter that the Commission
determines relevant to meeting the requirements of paragraph
(1), including at a minimum--
(A) the role of schools, including the level of
involvement and awareness of teachers and school
administrators in the lives of their students and the
availability of mental health and other resources and
strategies to help detect and counter tendencies of
students towards mass violence;
(B) the effectiveness of and resources available
for school security strategies to prevent incidents of
mass violence;
(C) the role of families and the availability of
mental health and other resources and strategies to
help families detect and counter tendencies toward mass
violence;
(D) the effectiveness and use of, and resources
available to, the mental health system in
understanding, detecting, and countering tendencies
toward mass violence, as well as the effects of
treatments and therapies;
(E) whether medical doctors and other mental health
professionals have the ability, without negative legal
or professional consequences, to notify law enforcement
officials when a patient is a danger to himself or
others;
(F) the nature and impact of the alienation of the
perpetrators of such incidents of mass violence from
their schools, families, peer groups, and places of
work;
(G) the role that domestic violence plays in
causing incidents of mass violence;
(H) the effect of depictions of mass violence in
the media, and any impact of such depictions on
incidents of mass violence;
(I) the availability and nature of firearms,
including the means of acquiring such firearms, and all
positive and negative impacts of such availability and
nature on incidents of mass violence or in preventing
mass violence;
(J) the role of current prosecution rates in
contributing to the availability of weapons that are
used in mass violence;
(K) the availability of information regarding the
construction of weapons, including explosive devices,
and any impact of such information on such incidents of
mass violence;
(L) the views of law enforcement officials,
religious leaders, mental health experts, and other
relevant officials on the root causes and prevention of
mass violence;
(M) incidents in which firearms were used to stop
mass violence; and
(N) any other area that the Commission determines
contributes to the causes of mass violence.
(3) Testimony of victims and survivors.--In determining the
root causes of these recurring and tragic incidents of mass
violence, the Commission shall, in accordance with section
304(a), take the testimony of victims and survivors to learn
and memorialize their views and experiences regarding such
incidents of mass violence.
(b) Recommendations.--Based on the findings of the study required
under subsection (a), the Commission shall make recommendations to the
President and Congress to address the causes of these recurring and
tragic incidents of mass violence and to reduce such incidents of mass
violence.
(c) Reports.--
(1) Interim report.--Not later than 3 months after the date
on which the Commission first meets, the Commission shall
submit to the President and Congress an interim report
describing any initial recommendations of the Commission.
(2) Final report.--Not later than 6 months after the date
on which the Commission first meets, the Commission shall
submit to the President and Congress a comprehensive report of
the findings and conclusions of the Commission, together with
the recommendations of the Commission.
(3) Summaries.--The report under paragraph (2) shall
include a summary of--
(A) the reports submitted to the Commission by any
entity under contract for research under section
304(e); and
(B) any other material relied on by the Commission
in the preparation of the report.
SEC. 304. POWERS OF THE COMMISSION.
(a) Hearings.--
(1) In general.--The Commission may hold such hearings, sit
and act at such times and places, administer such oaths, take
such testimony, and receive such evidence as the Commission
considers advisable to carry out its duties under section 303.
(2) Witness expenses.--Witnesses requested to appear before
the Commission shall be paid the same fees as are paid to
witnesses under section 1821 of title 28, United States Code.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal agency such information as the Commission
considers necessary to carry out its duties under section 143. Upon the
request of the Commission, the head of such agency may furnish such
information to the Commission.
(c) Information To Be Kept Confidential.--
(1) In general.--The Commission shall be considered an
agency of the Federal Government for purposes of section 1905
of title 18, United States Code, and any individual employed by
any individual or entity under contract with the Commission
under subsection (d) of this section shall be considered an
employee of the Commission for the purposes of section 1905 of
title 18, United States Code.
(2) Disclosure.--Information obtained by the Commission or
the Attorney General under this title and shared with the
Commission, other than information available to the public,
shall not be disclosed to any person in any manner, except--
(A) to Commission employees or employees of any
individual or entity under contract to the Commission
under subsection (d) for the purpose of receiving,
reviewing, or processing such information;
(B) upon court order; or
(C) when publicly released by the Commission in an
aggregate or summary form that does not directly or
indirectly disclose--
(i) the identity of any person or business
entity; or
(ii) any information which could not be
released under section 1905 of title 18, United
States Code.
(d) Contracting for Research.--The Commission may enter into
contracts with any entity for research necessary to carry out the
duties of the Commission under section 303.
SEC. 305. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of service for the
Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional employees as may be necessary to enable the
Commission to perform its duties. The employment and
termination of an executive director shall be subject to
confirmation by a majority of the members of the Commission.
(2) Compensation.--The executive director shall be
compensated at a rate not to exceed the rate payable for level
V of the Executive Schedule under section 5316 of title 5,
United States Code. The Chairman may fix the compensation of
other employees without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for such
employees may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate
Federal agency, may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status, benefits, or privilege.
(d) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals not to exceed the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule under
section 5316 of such title.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission and any
agency of the Federal Government assisting the Commission in carrying
out its duties under this title such sums as may be necessary to carry
out the purposes of this title. Any sums appropriated shall remain
available, without fiscal year limitation, until expended.
SEC. 307. TERMINATION OF THE COMMISSION.
The Commission shall terminate 30 days after the Commission submits
the final report under section 303(c)(2).
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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