This bill amends the federal criminal code to require a licensed gun dealer to notify the national instant criminal background check system (i.e., the NICS database) of an explosive materials sale and the purchaser's identity.
Additionally, it requires the Department of Justice (DOJ) to include in the NICS database information about an individual who is or has been under a federal terrorism investigation. A federal department or agency must submit to DOJ information about such individual.
If a licensed gun dealer request a background check on a prospective gun buyer or provides notice of an explosive materials purchaser who is or has been under a federal terrorism investigation, then the NICS database must notify the appropriate division of the Federal Bureau of Investigation.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5504 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5504
To require that certain information relating to terrorism
investigations be included in the NICS database, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 16, 2016
Mr. Thompson of California (for himself, Mr. Murphy of Florida, Ms.
Graham, Mr. Grayson, Ms. Esty, and Mr. DeFazio) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require that certain information relating to terrorism
investigations be included in the NICS database, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REPORTING OF TERRORISM INVESTIGATIONS TO NICS.
(a) Definitions.--In this section--
(1) the term ``explosive materials'' has the meaning given
the term in section 841 of title 18, United States Code;
(2) the term ``firearm'' has the meaning given the term in
section 921 of title 18, United States Code;
(3) the term ``licensee'' means--
(A) a person licensed under chapter 40 of title 18,
United States Code; or
(B) a licensed importer, licensed manufacturer, or
licensed dealer, as those terms are defined in section
921 of title 18, United States Code;
(4) the term ``NICS'' means the national instant criminal
background check system established under section 103 of the
Brady Handgun Violence Prevention Act (18 U.S.C. 922 note); and
(5) the term ``terrorism'' includes international terrorism
and domestic terrorism, as defined in section 2331 of title 18,
United States Code.
(b) Inclusion of Information in NICS.--Not later than 90 days after
the date of enactment of this Act, the Attorney General shall establish
a process to ensure that if any person has been or is under a terrorism
investigation conducted by the Department of Justice or any other
department or agency of the Federal Government, information about such
terrorism investigation of the person shall be included in the NICS
database.
(c) Submission of Information.--
(1) Terrorism investigations.--The head of each department
or agency of the Federal Government that has information about
a person who has been or is under a terrorism investigation
conducted by the department or agency shall provide such
information to the Attorney General for inclusion in the NICS
database under subsection (b).
(2) Explosive materials purchases.--Section 842 of title
18, United States Code, is amended by adding at the end the
following:
``(q) Notice to NICS of Explosive Materials Purchase.--A licensee
who sells explosive materials to another person shall notify the
national instant criminal background check system established under
section 103 of the Brady Handgun Violence Prevention Act of the sale
and the identity of the other person.''.
(d) Notification of Federal Bureau of Investigation.--If a licensee
contacts NICS to request a unique identification number for the
transfer of a firearm to a prospective purchaser under section 922(t)
of title 18, United States Code, or to notify NICS of an explosive
materials purchase, and the prospective purchaser or purchaser, as the
case may be, is a person who has been or is under a terrorism
investigation conducted by the Department of Justice or any other
department or agency of the Federal Government, NICS shall notify the
appropriate division of the Federal Bureau of Investigation of the
request and pending firearm transfer.
<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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