Protecting Our Communities Act
This expands the types of parts, weapons, and devices that are subject to regulation under federal firearms laws. The bill also establishes a notification requirement following a firearms-related background check that results in a denial.
Specifically, the bill
Additionally, the bill requires the Department of Justice to notify state and local law enforcement authorities following a firearms-related background check that results in a denial.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3299 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3299
To help reduce gun violence through background checks and the National
Firearms Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 2021
Mrs. Demings (for herself, Mr. Thompson of California, Mr. Espaillat,
Mr. Quigley, Ms. Jackson Lee, Mr. Neguse, Mr. Deutch, and Mr. DeFazio)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Ways and Means, 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 help reduce gun violence through background checks and the National
Firearms Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Communities Act''.
SEC. 2. FIREARM ASSEMBLY KITS CONSIDERED TO BE FIREARMS.
Section 921(a) of title 18, United States Code, is amended--
(1) in paragraph (3), by striking ``or (D) any destructive
device'' and inserting ``; (D) any destructive device; or (E)
any combination of parts designed or intended for use in
converting any device into a firearm and from which a firearm
may be readily assembled''; and
(2) in paragraph (4)--
(A) by adding ``and'' at the end of subparagraph
(A);
(B) by striking ``and'' at the end of subparagraph
(B) and inserting a period; and
(C) by striking subparagraph (C).
SEC. 3. LAW ENFORCEMENT PROTECTION.
(a) Armor-Piercing, Concealable Weapons.--
(1) In general.--Section 5845(a) of the Internal Revenue
Code of 1986 is amended by striking ``and (8)'' and inserting
``; (8) an armor-piercing, concealable weapon; and (9)''.
(2) Armor-piercing, concealable weapon.--Section 5845 of
such Code is amended by adding at the end the following new
subsection:
``(n) Armor-Piercing, Concealable Weapon.--The term `armor-
piercing, concealable weapon' means any weapon or device capable of
being concealed on the person and from which can be discharged through
the energy of an explosive any of the following rounds of ammunition:
``(1) .450 Bushmaster.
``(2) 5.56mm (including the 5.56x45mm NATO and .223
Remington).
``(3) 7.62mm (including the 7.62x39mm, .308 Winchester,
7.62 NATO, 7.62x51mm NATO, .30 carbine, 7.62x33mm, or .300 AAC
Blackout).
``(4) .50 BMG.
``(5) 5.7x28mm.
``(6) Any other round determined by the Bureau of Alcohol,
Tobacco, Firearms and Explosives to be capable of, when fired
by such weapon or device, penetrating the standard body armor
worn by law enforcement officers.''.
(3) Conforming amendments.--
(A) Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(36) The term `armor-piercing, concealable weapon' has the
meaning given such term in section 5845(n) of the National Firearms Act
(26 U.S.C. 5845(n)).''.
(B) Section 922 of title 18, United States Code, is
amended--
(i) in subsection (a)(4), by striking ``or
short-barreled rifle,'' and inserting ``short-
barreled rifle, or armor-piercing, concealable
weapon,''; and
(ii) in subsection (b)(4) by striking ``or
short-barreled rifle,'' and inserting ``short-
barreled rifle, or armor-piercing, concealable
weapon,''.
(C) Section 924(c)(1)(B)(i) of title 18, United
States Code, is amended by inserting ``armor-piercing,
concealable weapon,'' after ``short-barreled
shotgun,''.
(4) Effective date.--
(A) In general.--The amendments made by this
subsection shall take effect on the date of the
enactment of this Act.
(B) Application to possession on date of
enactment.--Notwithstanding subparagraph (A), any
person on the date of the enactment of this Act
possessing a device described in section 5845(a)(8) of
the Internal Revenue Code of 1986 (as amended by this
section) shall, not later than the end of the 18th
month beginning after the date of the enactment of this
Act, register such weapon or device with the Secretary
of the Treasury and include with such registration the
information required under section 5841(a) of such
Code. Such registration shall become a part of the
National Firearms Registration and Transfer Record
required to be maintained by such section.
(b) Use of National Firearms Act Taxes.--Part I of subchapter B of
chapter 53 of the Internal Revenue Code of 1986 is amended
redesignating section 5849 as section 5850 and by inserting after
section 5847 the following new section:
``SEC. 5849. USE OF TAXES.
``To carry out the purposes of this chapter and to supplement
appropriations otherwise made available for such purposes, the Bureau
of Alcohol, Tobacco, Firearms and Explosives may spend the amounts
collected under subchapter A for fiscal years 2021 and thereafter.''.
SEC. 4. REPORTING OF BACKGROUND CHECK DENIALS.
(a) Reporting to State Authorities.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by inserting after section 925A the following:
``Sec. 925B. Reporting of background check denials to State authorities
``(a) In General.--If the national instant criminal background
check system established under section 103 of the Brady Handgun
Violence Prevention Act (18 U.S.C. 922 note) provides a notice pursuant
to section 922(t) of this title that the receipt of a firearm by a
person would violate subsection (g) or (n) of section 922 of this title
or State law, the Attorney General shall, in accordance with subsection
(b) of this section--
``(1) report to the law enforcement authorities of the
State where the person sought to acquire the firearm and, if
different, the law enforcement authorities of the State of
residence of the person--
``(A) that the notice was provided;
``(B) of the specific provision of law that would
have been violated;
``(C) of the date and time the notice was provided;
``(D) of the location where the firearm was sought
to be acquired; and
``(E) of the identity of the person; and
``(2) where practicable, report the incident to local law
enforcement authorities and State and local prosecutors in the
jurisdiction where the firearm was sought and in the
jurisdiction where the person resides.
``(b) Requirements for Report.--A report is made in accordance with
this subsection if the report is made within 24 hours after the
provision of the notice described in subsection (a), except that the
making of the report may be delayed for so long as is necessary to
avoid compromising an ongoing investigation.
``(c) Rule of Construction.--Nothing in subsection (a) shall be
construed to require a report with respect to a person to be made to
the same State authorities that originally issued the notice with
respect to the person.''.
(2) Clerical amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 925A the following:
``925B. Reporting of background check denials to State authorities.''.
(b) Annual Report to Congress.--
(1) In general.--Chapter 44 of title 18, United States
Code, as amended by subsection (a)(1) of this section, is
amended by inserting after section 925B the following:
``Sec. 925C. Annual report to Congress
``Not later than 1 year after the date of the enactment of this
section, and annually thereafter, the Attorney General shall submit to
the Congress a report detailing the following, broken down by Federal
judicial district:
``(1) With respect to each category of persons prohibited
by section 922(g) from receiving or possessing a firearm who
are so denied a firearm--
``(A) the number of cases referred to the Bureau of
Alcohol, Tobacco, Firearms and Explosives;
``(B) the number of cases with respect to which an
investigation was opened by a field division of the
Bureau of Alcohol, Tobacco, Firearms and Explosives;
``(C) the number of arrests made; and
``(D) the number of convictions obtained by Federal
authorities in connection with the denial.
``(2) The number of background check notices reported to
State authorities pursuant to section 925B (including the
number of the notices that would have been so reported but for
section 925B(c)).''.
(2) Clerical amendment.--The table of sections for such
chapter, as amended by subsection (a)(2) of this section, is
amended by inserting after the item relating to section 925B
the following:
``925C. Annual report to Congress.''.
SEC. 5. CODIFICATION OF REGULATIONS CLASSIFYING BUMP STOCKS AS
MACHINEGUNS.
The amendments to parts 447, 478, and 479 of title 27, Code of
Federal Regulations, made by the final rule promulgated by the
Department of Justice, entitled ``Bump-Stock-Type Devices'', and
published December 26, 2018 (83 Fed. Reg. 66514), shall have the force
and effect of law.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, 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 Ways and Means, 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 Crime, Terrorism, and Homeland Security.
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