From bccf23b23a223f496422ccffe0aab498cbdc2f68 Mon Sep 17 00:00:00 2001 From: Bradley Goodyear Date: Sat, 26 Dec 2020 21:22:34 -0500 Subject: [PATCH 1/5] Format --- BILLS-116hr8.xml | 226 +++++++++++++++++++++++++++++++++++++---------- 1 file changed, 178 insertions(+), 48 deletions(-) diff --git a/BILLS-116hr8.xml b/BILLS-116hr8.xml index 422f8de..eb1c697 100644 --- a/BILLS-116hr8.xml +++ b/BILLS-116hr8.xml @@ -1,51 +1,181 @@ - - - -116 HR 8 IH: Bipartisan Background Checks Act of 2019 -U.S. House of Representatives -2019-01-08 -text/xml -EN -Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. - - -
-I -116th CONGRESS 1st Session -H. R. 8 -IN THE HOUSE OF REPRESENTATIVES - -January 8, 2019 -Mr. Thompson of California (for himself, Mr. King of New York, Mr. Nadler, Mr. Fitzpatrick, Ms. Jackson Lee, Mr. Mast, Ms. Kelly of Illinois, Mr. Upton, Mrs. McBath, and Mr. Smith of New Jersey) introduced the following bill; which was referred to the Committee on the Judiciary - -A BILL -To require a background check for every firearm sale. -
- -
1.
Short title
This Act may be cited as the Bipartisan Background Checks Act of 2019.
2.
Purpose
The purpose of this Act is to utilize the current background checks process in the United States to ensure individuals prohibited from gun possession are not able to obtain firearms.
-
3.
Firearms transfers
Section 922 of title 18, United States Code, is amended— (1)by striking subsection (s); -(2)by redesignating subsection (t) as subsection (s); and (3)by inserting after subsection (s), as redesignated, the following: - -(t) -(1) -(A)It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s). (B)Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee. -(C)If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter. (2)Paragraph (1) shall not apply to— -(A)a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; (B)a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren; -(C)a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; (D)a temporary transfer that is necessary to prevent imminent death or great bodily harm, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm; -(E)a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or (F)a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee’s possession of the firearm is exclusively— -(i)at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; (ii)while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor— -(I)has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and (II)has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or -(iii)while in the presence of the transferor. (3) (A)Notwithstanding any other provision of this chapter, 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 (1). (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 (1). (4)It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General..
-
4.
Technical and conforming amendments
-(a)
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). (b)
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.
-
5.
Rule of construction
Nothing in this Act, or any amendment made by this Act, shall be construed to— (1)authorize the establishment, directly or indirectly, of a national firearms registry; or -(2)interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act.
6.
Effective date
The amendments made by this Act shall take effect 180 days after the date of the enactment of this Act.
- - - - + + + + 116 HR 8 IH: Bipartisan Background Checks Act of 2019 + U.S. House of Representatives + 2019-01-08 + text/xml + EN + Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. + + +
+ I + 116th CONGRESS + 1st Session + H. R. 8 + IN THE HOUSE OF REPRESENTATIVES + + January 8, 2019 + Mr. Thompson of California (for himself, Mr. King of New York, Mr. Nadler, Mr. Fitzpatrick, Ms. Jackson Lee, Mr. Mast, Ms. Kelly of Illinois, Mr. Upton, Mrs. McBath, and Mr. Smith of New Jersey) introduced the following bill; which was referred to the Committee on the Judiciary + + A BILL + To require a background check for every firearm sale. +
+ +
+ 1. +
Short title
+ This Act may be cited as the Bipartisan Background Checks Act of 2019. +
+
+ 2. +
Purpose
+ The purpose of this Act is to utilize the current background checks process in the United States to ensure individuals prohibited from gun possession are not able to obtain firearms. +
+
+ 3. +
Firearms transfers
+ Section 922 of title 18, United States Code, is amended— + + (1) + by striking subsection (s); + + + (2) + by redesignating subsection (t) as subsection (s); and + + + (3) + by inserting after subsection (s), as redesignated, the following: + + + (t) + + (1) + + (A) + It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s). + + + (B) + Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee. + + + (C) + If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter. + + + + (2) + Paragraph (1) shall not apply to— + + (A) + a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; + + + (B) + a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren; + + + (C) + a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; + + + (D) + a temporary transfer that is necessary to prevent imminent death or great bodily harm, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm; + + + (E) + a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or + + + (F) + a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee’s possession of the firearm is exclusively— + + (i) + at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; + + + (ii) + while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor— + + (I) + has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and + + + (II) + has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or + + + + (iii) + while in the presence of the transferor. + + + + + (3) + + (A) + Notwithstanding any other provision of this chapter, 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 (1). + + + (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 (1). + + + + (4) + It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General. + + + . + + +
+
+ 4. +
Technical and conforming amendments
+ + (a) +
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). + + + (b) +
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. + +
+
+ 5. +
Rule of construction
+ Nothing in this Act, or any amendment made by this Act, shall be construed to— + + (1) + authorize the establishment, directly or indirectly, of a national firearms registry; or + + + (2) + interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act. + +
+
+ 6. +
Effective date
+ The amendments made by this Act shall take effect 180 days after the date of the enactment of this Act. +
+ + From 3670bcfb1042cd5445b650d416e52b5904c6d22c Mon Sep 17 00:00:00 2001 From: Bradley Goodyear Date: Sat, 26 Dec 2020 21:24:36 -0500 Subject: [PATCH 2/5] Hm --- BILLS-116hr8.xml | 120 +++++++++++++++++++++++++++-------------------- 1 file changed, 70 insertions(+), 50 deletions(-) diff --git a/BILLS-116hr8.xml b/BILLS-116hr8.xml index eb1c697..d77fbb9 100644 --- a/BILLS-116hr8.xml +++ b/BILLS-116hr8.xml @@ -1,142 +1,151 @@ - + - 116 HR 8 IH: Bipartisan Background Checks Act of 2019 + 116 HR 8 PCS: Bipartisan Background Checks Act of 2019 U.S. House of Representatives - 2019-01-08 + text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
- I + II + Calendar No. 29 116th CONGRESS 1st Session H. R. 8 - IN THE HOUSE OF REPRESENTATIVES + IN THE SENATE OF THE UNITED STATES - January 8, 2019 - Mr. Thompson of California (for himself, Mr. King of New York, Mr. Nadler, Mr. Fitzpatrick, Ms. Jackson Lee, Mr. Mast, Ms. Kelly of Illinois, Mr. Upton, Mrs. McBath, and Mr. Smith of New Jersey) introduced the following bill; which was referred to the Committee on the Judiciary + February 28, 2019 + Received; read the first time - A BILL - To require a background check for every firearm sale. + + March 4, 2019 + Read the second time and placed on the calendar + + AN ACT + To require a background check for every firearm sale.
- -
+ +
1.
Short title
This Act may be cited as the Bipartisan Background Checks Act of 2019.
-
+
2.
Purpose
The purpose of this Act is to utilize the current background checks process in the United States to ensure individuals prohibited from gun possession are not able to obtain firearms.
-
+
3.
Firearms transfers
Section 922 of title 18, United States Code, is amended— - + (1) by striking subsection (s); - + (2) by redesignating subsection (t) as subsection (s); and - + (3) by inserting after subsection (s), as redesignated, the following: - - + + (t) - + (1) - + (A) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s). - + (B) Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee. - + (C) If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter. - + (2) Paragraph (1) shall not apply to— - + (A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; - + (B) - a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren; + a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, including step-parents and their step-children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren, if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law; - + (C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; - + (D) - a temporary transfer that is necessary to prevent imminent death or great bodily harm, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm; + a temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self, family, household members, or others, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm, including the harm of domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse; - + (E) a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or - + (F) a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee’s possession of the firearm is exclusively— - + (i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; - + (ii) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor— - + (I) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and - + (II) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or - + (iii) while in the presence of the transferor. - + (3) - + (A) Notwithstanding any other provision of this chapter, 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 (1). - + (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 (1). + + (E) + Regulations promulgated under this paragraph shall include, in the case of a background check conducted by the national instant criminal background check system in response to a contact from a licensed importer, licensed manufacturer, or licensed dealer, which background check indicates that the receipt of a firearm by a person would violate subsection (g)(5), a requirement that the system notify U.S. Immigration and Customs Enforcement. + - + (4) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General. @@ -145,37 +154,48 @@
-
+
4.
Technical and conforming amendments
- + (a)
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). - + (b)
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.
-
+
5.
Rule of construction
Nothing in this Act, or any amendment made by this Act, shall be construed to— - + (1) authorize the establishment, directly or indirectly, of a national firearms registry; or - + (2) interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act.
-
+
6.
Effective date
- The amendments made by this Act shall take effect 180 days after the date of the enactment of this Act. + The amendments made by this Act shall take effect 210 days after the date of the enactment of this Act.
+ + + Passed the House of Representatives February 27, 2019. + Cheryl L. Johnson, + Clerk. + + + + March 4, 2019 + Read the second time and placed on the calendar + From 61a55cba8680edd0d2357aeec1428493ea796bc0 Mon Sep 17 00:00:00 2001 From: Bradley Goodyear Date: Sat, 26 Dec 2020 21:58:43 -0500 Subject: [PATCH 3/5] HR 8 init --- BILLS-116hr8.txt | 147 ++++++++++++++++++++++++++++++++++ BILLS-116hr8.xml | 201 ----------------------------------------------- 2 files changed, 147 insertions(+), 201 deletions(-) create mode 100644 BILLS-116hr8.txt delete mode 100644 BILLS-116hr8.xml diff --git a/BILLS-116hr8.txt b/BILLS-116hr8.txt new file mode 100644 index 0000000..fead9bc --- /dev/null +++ b/BILLS-116hr8.txt @@ -0,0 +1,147 @@ +116th CONGRESS + 1st Session + H. R. 8 + + To require a background check for every firearm sale. + + +_______________________________________________________________________ + + + IN THE HOUSE OF REPRESENTATIVES + + January 8, 2019 + + Mr. Thompson of California (for himself, Mr. King of New York, Mr. + Nadler, Mr. Fitzpatrick, Ms. Jackson Lee, Mr. Mast, Ms. Kelly of + Illinois, Mr. Upton, Mrs. McBath, and Mr. Smith of New Jersey) + introduced the following bill; which was referred to the Committee on + the Judiciary + +_______________________________________________________________________ + + A BILL + + + + To require a background check for every firearm sale. + + 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 ``Bipartisan Background Checks Act of +2019''. + +SEC. 2. PURPOSE. + + The purpose of this Act is to utilize the current background checks +process in the United States to ensure individuals prohibited from gun +possession are not able to obtain firearms. + +SEC. 3. FIREARMS TRANSFERS. + + Section 922 of title 18, United States Code, is amended-- + (1) by striking subsection (s); + (2) by redesignating subsection (t) as subsection (s); and + (3) by inserting after subsection (s), as redesignated, the + following: + ``(t)(1)(A) It shall be unlawful for any person who is not a +licensed importer, licensed manufacturer, or licensed dealer to +transfer a firearm to any other person who is not so licensed, unless a +licensed importer, licensed manufacturer, or licensed dealer has first +taken possession of the firearm for the purpose of complying with +subsection (s). + ``(B) Upon taking possession of a firearm under subparagraph (A), a +licensee shall comply with all requirements of this chapter as if the +licensee were transferring the firearm from the inventory of the +licensee to the unlicensed transferee. + ``(C) If a transfer of a firearm described in subparagraph (A) will +not be completed for any reason after a licensee takes possession of +the firearm (including because the transfer of the firearm to, or +receipt of the firearm by, the transferee would violate this chapter), +the return of the firearm to the transferor by the licensee shall not +constitute the transfer of a firearm for purposes of this chapter. + ``(2) Paragraph (1) shall not apply to-- + ``(A) a law enforcement agency or any law enforcement + officer, armed private security professional, or member of the + armed forces, to the extent the officer, professional, or + member is acting within the course and scope of employment and + official duties; + ``(B) a transfer that is a loan or bona fide gift between + spouses, between domestic partners, between parents and their + children, between siblings, between aunts or uncles and their + nieces or nephews, or between grandparents and their + grandchildren; + ``(C) a transfer to an executor, administrator, trustee, or + personal representative of an estate or a trust that occurs by + operation of law upon the death of another person; + ``(D) a temporary transfer that is necessary to prevent + imminent death or great bodily harm, if the possession by the + transferee lasts only as long as immediately necessary to + prevent the imminent death or great bodily harm; + ``(E) a transfer that is approved by the Attorney General + under section 5812 of the Internal Revenue Code of 1986; or + ``(F) a temporary transfer if the transferor has no reason + to believe that the transferee will use or intends to use the + firearm in a crime or is prohibited from possessing firearms + under State or Federal law, and the transfer takes place and + the transferee's possession of the firearm is exclusively-- + ``(i) at a shooting range or in a shooting gallery + or other area designated for the purpose of target + shooting; + ``(ii) while reasonably necessary for the purposes + of hunting, trapping, or fishing, if the transferor-- + ``(I) has no reason to believe that the + transferee intends to use the firearm in a + place where it is illegal; and + ``(II) has reason to believe that the + transferee will comply with all licensing and + permit requirements for such hunting, trapping, + or fishing; or + ``(iii) while in the presence of the transferor. + ``(3)(A) Notwithstanding any other provision of this chapter, 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 (1). + ``(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 (1). + ``(4) It shall be unlawful for a licensed importer, licensed +manufacturer, or licensed dealer to transfer possession of, or title +to, a firearm to another person who is not so licensed unless the +importer, manufacturer, or dealer has provided such other person with a +notice of the prohibition under paragraph (1), and such other person +has certified that such other person has been provided with this notice +on a form prescribed by the Attorney General.''. + +SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. + + (a) 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)''. + (b) 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. 5. RULE OF CONSTRUCTION. + + Nothing in this Act, or any amendment made by this Act, shall be +construed to-- + (1) authorize the establishment, directly or indirectly, of + a national firearms registry; or + (2) interfere with the authority of a State, under section + 927 of title 18, United States Code, to enact a law on the same + subject matter as this Act. + +SEC. 6. EFFECTIVE DATE. + + The amendments made by this Act shall take effect 180 days after +the date of the enactment of this Act. \ No newline at end of file diff --git a/BILLS-116hr8.xml b/BILLS-116hr8.xml deleted file mode 100644 index d77fbb9..0000000 --- a/BILLS-116hr8.xml +++ /dev/null @@ -1,201 +0,0 @@ - - - - - - - 116 HR 8 PCS: Bipartisan Background Checks Act of 2019 - U.S. House of Representatives - - text/xml - EN - Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. - - -
- II - Calendar No. 29 - 116th CONGRESS - 1st Session - H. R. 8 - IN THE SENATE OF THE UNITED STATES - - February 28, 2019 - Received; read the first time - - - March 4, 2019 - Read the second time and placed on the calendar - - AN ACT - To require a background check for every firearm sale. -
- -
- 1. -
Short title
- This Act may be cited as the Bipartisan Background Checks Act of 2019. -
-
- 2. -
Purpose
- The purpose of this Act is to utilize the current background checks process in the United States to ensure individuals prohibited from gun possession are not able to obtain firearms. -
-
- 3. -
Firearms transfers
- Section 922 of title 18, United States Code, is amended— - - (1) - by striking subsection (s); - - - (2) - by redesignating subsection (t) as subsection (s); and - - - (3) - by inserting after subsection (s), as redesignated, the following: - - - (t) - - (1) - - (A) - It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s). - - - (B) - Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee. - - - (C) - If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter. - - - - (2) - Paragraph (1) shall not apply to— - - (A) - a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; - - - (B) - a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, including step-parents and their step-children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren, if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law; - - - (C) - a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; - - - (D) - a temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self, family, household members, or others, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm, including the harm of domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse; - - - (E) - a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or - - - (F) - a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee’s possession of the firearm is exclusively— - - (i) - at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; - - - (ii) - while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor— - - (I) - has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and - - - (II) - has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or - - - - (iii) - while in the presence of the transferor. - - - - - (3) - - (A) - Notwithstanding any other provision of this chapter, 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 (1). - - - (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 (1). - - - (E) - Regulations promulgated under this paragraph shall include, in the case of a background check conducted by the national instant criminal background check system in response to a contact from a licensed importer, licensed manufacturer, or licensed dealer, which background check indicates that the receipt of a firearm by a person would violate subsection (g)(5), a requirement that the system notify U.S. Immigration and Customs Enforcement. - - - - (4) - It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General. - - - . - - -
-
- 4. -
Technical and conforming amendments
- - (a) -
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). - - - (b) -
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. - -
-
- 5. -
Rule of construction
- Nothing in this Act, or any amendment made by this Act, shall be construed to— - - (1) - authorize the establishment, directly or indirectly, of a national firearms registry; or - - - (2) - interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act. - -
-
- 6. -
Effective date
- The amendments made by this Act shall take effect 210 days after the date of the enactment of this Act. -
- - - - Passed the House of Representatives February 27, 2019. - Cheryl L. Johnson, - Clerk. - - - - March 4, 2019 - Read the second time and placed on the calendar - - From 67d099275362f06f185644db0070321b1c8122a9 Mon Sep 17 00:00:00 2001 From: Bradley Goodyear Date: Sat, 26 Dec 2020 22:00:56 -0500 Subject: [PATCH 4/5] Reintroduced --- BILLS-116hr8.txt | 73 +++++++++++++++++++++++++++++++++++++++++++++++- 1 file changed, 72 insertions(+), 1 deletion(-) diff --git a/BILLS-116hr8.txt b/BILLS-116hr8.txt index fead9bc..f3cd6ca 100644 --- a/BILLS-116hr8.txt +++ b/BILLS-116hr8.txt @@ -2,6 +2,8 @@ 1st Session H. R. 8 + [Report No. 116-11] + To require a background check for every firearm sale. @@ -18,6 +20,71 @@ _______________________________________________________________________ introduced the following bill; which was referred to the Committee on the Judiciary + February 22, 2019 + + Additional sponsors: Mr. Peters, Mr. Swalwell of California, Ms. + Bonamici, Mrs. Trahan, Mr. Keating, Ms. Clark of Massachusetts, Mr. + Deutch, Mr. Cisneros, Mr. Quigley, Ms. Dean, Mr. Levin of California, +Ms. Mucarsel-Powell, Ms. Pressley, Mrs. Kirkpatrick, Mr. Hastings, Mr. +Carbajal, Mr. O'Halleran, Ms. Johnson of Texas, Ms. Haaland, Mr. Rouda, + Ms. Shalala, Ms. Wasserman Schultz, Mr. Sean Patrick Maloney of New + York, Ms. Frankel, Mr. Soto, Ms. Omar, Ms. Wexton, Ms. Tlaib, Mr. + Panetta, Mr. Crow, Mr. Malinowski, Mrs. Davis of California, Mr. + Cardenas, Mr. Lynch, Mr. DeSaulnier, Mr. Smith of Washington, Mr. +Suozzi, Ms. Garcia of Texas, Mr. Schneider, Mr. Horsford, Mr. Courtney, + Mr. Brendan F. Boyle of Pennsylvania, Mr. Khanna, Ms. Sherrill, Ms. + Schrier, Mr. Stanton, Mr. Gallego, Mr. Cummings, Ms. Velazquez, Mr. +Morelle, Mr. Beyer, Mr. Espaillat, Miss Rice of New York, Mrs. Carolyn + B. Maloney of New York, Ms. Titus, Mr. Larson of Connecticut, Mr. + Phillips, Mrs. Bustos, Mr. Perlmutter, Ms. Lee of California, Mr. + Neguse, Mr. Yarmuth, Mr. Gottheimer, Mr. Serrano, Ms. Schakowsky, Mr. +Pascrell, Mr. Pallone, Ms. Roybal-Allard, Mr. Engel, Mr. McNerney, Mr. +Norcross, Mr. Michael F. Doyle of Pennsylvania, Mr. Scott of Virginia, + Mr. Himes, Ms. Scanlon, Mr. Ruppersberger, Mr. Kildee, Mr. Higgins of + New York, Mr. Sires, Ms. Wild, Ms. Brownley of California, Ms. Moore, + Mr. Connolly, Mrs. Lowey, Ms. Houlahan, Mrs. Lawrence, Ms. Hill of +California, Mr. Blumenauer, Mrs. Dingell, Mr. Takano, Mr. Moulton, Mrs. + Watson Coleman, Mr. Veasey, Mr. Pocan, Ms. Pingree, Ms. Meng, Mr. + Cicilline, Mr. Sarbanes, Mr. Rush, Mr. Levin of Michigan, Mr. Lewis, +Mr. Brown of Maryland, Mr. Cohen, Ms. DeLauro, Ms. Norton, Mr. Vargas, +Mr. Welch, Mr. Cooper, Ms. McCollum, Mr. Garcia of Illinois, Mr. Vela, + Mr. Lipinski, Mr. Evans, Mr. Ryan, Mr. Huffman, Mr. Ted Lieu of +California, Mrs. Napolitano, Ms. Adams, Mr. Richmond, Ms. DelBene, Mr. +Correa, Mr. Rose of New York, Mrs. Murphy, Mr. Pappas, Ms. Gabbard, Mr. +Tonko, Mr. Trone, Ms. Porter, Mr. Langevin, Ms. Speier, Mr. Crist, Mr. +McEachin, Ms. Sanchez, Mr. Lawson of Florida, Mr. Larsen of Washington, +Ms. Wilson of Florida, Mr. Kilmer, Ms. Matsui, Ms. DeGette, Mr. Raskin, + Mr. Hoyer, Mr. David Scott of Georgia, Ms. Eshoo, Ms. Lofgren, Mrs. + Hayes, Ms. Stevens, Mr. Casten of Illinois, Mr. Garamendi, Ms. Kuster + of New Hampshire, Mr. Lujan, Ms. Clarke of New York, Ms. Castor of + Florida, Mr. Kim, Mr. Price of North Carolina, Ms. Escobar, Mr. + Visclosky, Mr. Sherman, Mr. Kennedy, Mr. Schiff, Mr. Johnson of + Georgia, Ms. Sewell of Alabama, Mr. Lowenthal, Mr. Grijalva, Mrs. + Beatty, Mr. McGovern, Mrs. Luria, Mr. Carson of Indiana, Ms. Waters, + Mr. Payne, Mr. Allred, Mr. Foster, Mr. Aguilar, Ms. Judy Chu of + California, Mr. Bera, Mr. Van Drew, Ms. Plaskett, Mrs. Demings, Mr. + Harder of California, Ms. Fudge, Mrs. Lee of Nevada, Mr. DeFazio, Mr. + Danny K. Davis of Illinois, Ms. Spanberger, Mr. Cartwright, Mr. Lamb, + Mr. Jeffries, Mr. Krishnamoorthi, Mrs. Torres of California, Mr. + Butterfield, Mrs. Craig, Mr. Neal, Mr. Heck, Ms. Blunt Rochester, Ms. + Underwood, Mr. San Nicolas, Mr. Costa, Ms. Barragan, Mr. Clyburn, Mr. + Cox of California, Mr. Doggett, Mr. Green of Texas, Mr. Meeks, Mr. + Clay, Mr. Cleaver, Mr. Gomez, Ms. Jayapal, Ms. Kaptur, Mr. Ruiz, Mr. + Castro of Texas, Mr. Loebsack, Mr. Delgado, Mr. Case, Mr. Thompson of + Mississippi, Ms. Bass, Ms. Davids of Kansas, Ms. Ocasio-Cortez, Mrs. + Axne, Mrs. Fletcher, Mr. Sablan, Ms. Slotkin, Ms. Finkenauer, Mr. + Schrader, and Mr. Cunningham + + February 22, 2019 + + Reported with an amendment, committed to the Committee of the Whole + House on the State of the Union, and ordered to be printed + [Strike out all after the enacting clause and insert the part printed + in italic] +[For text of introduced bill, see copy of bill as introduced on January + 8, 2019] + + _______________________________________________________________________ A BILL @@ -26,6 +93,10 @@ _______________________________________________________________________ To require a background check for every firearm sale. + + + + Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, @@ -143,5 +214,5 @@ construed to-- SEC. 6. EFFECTIVE DATE. - The amendments made by this Act shall take effect 180 days after + The amendments made by this Act shall take effect 210 days after the date of the enactment of this Act. \ No newline at end of file From 0e246017d3e6fed2063166c95e9a5ca3498d0d2b Mon Sep 17 00:00:00 2001 From: Bradley Goodyear Date: Sat, 26 Dec 2020 22:01:41 -0500 Subject: [PATCH 5/5] Engrossed --- BILLS-116hr8.txt | 112 ++++++++--------------------------------------- 1 file changed, 19 insertions(+), 93 deletions(-) diff --git a/BILLS-116hr8.txt b/BILLS-116hr8.txt index f3cd6ca..de8e635 100644 --- a/BILLS-116hr8.txt +++ b/BILLS-116hr8.txt @@ -2,101 +2,14 @@ 1st Session H. R. 8 - [Report No. 116-11] - - To require a background check for every firearm sale. - - _______________________________________________________________________ - - IN THE HOUSE OF REPRESENTATIVES - - January 8, 2019 - - Mr. Thompson of California (for himself, Mr. King of New York, Mr. - Nadler, Mr. Fitzpatrick, Ms. Jackson Lee, Mr. Mast, Ms. Kelly of - Illinois, Mr. Upton, Mrs. McBath, and Mr. Smith of New Jersey) - introduced the following bill; which was referred to the Committee on - the Judiciary - - February 22, 2019 - - Additional sponsors: Mr. Peters, Mr. Swalwell of California, Ms. - Bonamici, Mrs. Trahan, Mr. Keating, Ms. Clark of Massachusetts, Mr. - Deutch, Mr. Cisneros, Mr. Quigley, Ms. Dean, Mr. Levin of California, -Ms. Mucarsel-Powell, Ms. Pressley, Mrs. Kirkpatrick, Mr. Hastings, Mr. -Carbajal, Mr. O'Halleran, Ms. Johnson of Texas, Ms. Haaland, Mr. Rouda, - Ms. Shalala, Ms. Wasserman Schultz, Mr. Sean Patrick Maloney of New - York, Ms. Frankel, Mr. Soto, Ms. Omar, Ms. Wexton, Ms. Tlaib, Mr. - Panetta, Mr. Crow, Mr. Malinowski, Mrs. Davis of California, Mr. - Cardenas, Mr. Lynch, Mr. DeSaulnier, Mr. Smith of Washington, Mr. -Suozzi, Ms. Garcia of Texas, Mr. Schneider, Mr. Horsford, Mr. Courtney, - Mr. Brendan F. Boyle of Pennsylvania, Mr. Khanna, Ms. Sherrill, Ms. - Schrier, Mr. Stanton, Mr. Gallego, Mr. Cummings, Ms. Velazquez, Mr. -Morelle, Mr. Beyer, Mr. Espaillat, Miss Rice of New York, Mrs. Carolyn - B. Maloney of New York, Ms. Titus, Mr. Larson of Connecticut, Mr. - Phillips, Mrs. Bustos, Mr. Perlmutter, Ms. Lee of California, Mr. - Neguse, Mr. Yarmuth, Mr. Gottheimer, Mr. Serrano, Ms. Schakowsky, Mr. -Pascrell, Mr. Pallone, Ms. Roybal-Allard, Mr. Engel, Mr. McNerney, Mr. -Norcross, Mr. Michael F. Doyle of Pennsylvania, Mr. Scott of Virginia, - Mr. Himes, Ms. Scanlon, Mr. Ruppersberger, Mr. Kildee, Mr. Higgins of - New York, Mr. Sires, Ms. Wild, Ms. Brownley of California, Ms. Moore, - Mr. Connolly, Mrs. Lowey, Ms. Houlahan, Mrs. Lawrence, Ms. Hill of -California, Mr. Blumenauer, Mrs. Dingell, Mr. Takano, Mr. Moulton, Mrs. - Watson Coleman, Mr. Veasey, Mr. Pocan, Ms. Pingree, Ms. Meng, Mr. - Cicilline, Mr. Sarbanes, Mr. Rush, Mr. Levin of Michigan, Mr. Lewis, -Mr. Brown of Maryland, Mr. Cohen, Ms. DeLauro, Ms. Norton, Mr. Vargas, -Mr. Welch, Mr. Cooper, Ms. McCollum, Mr. Garcia of Illinois, Mr. Vela, - Mr. Lipinski, Mr. Evans, Mr. Ryan, Mr. Huffman, Mr. Ted Lieu of -California, Mrs. Napolitano, Ms. Adams, Mr. Richmond, Ms. DelBene, Mr. -Correa, Mr. Rose of New York, Mrs. Murphy, Mr. Pappas, Ms. Gabbard, Mr. -Tonko, Mr. Trone, Ms. Porter, Mr. Langevin, Ms. Speier, Mr. Crist, Mr. -McEachin, Ms. Sanchez, Mr. Lawson of Florida, Mr. Larsen of Washington, -Ms. Wilson of Florida, Mr. Kilmer, Ms. Matsui, Ms. DeGette, Mr. Raskin, - Mr. Hoyer, Mr. David Scott of Georgia, Ms. Eshoo, Ms. Lofgren, Mrs. - Hayes, Ms. Stevens, Mr. Casten of Illinois, Mr. Garamendi, Ms. Kuster - of New Hampshire, Mr. Lujan, Ms. Clarke of New York, Ms. Castor of - Florida, Mr. Kim, Mr. Price of North Carolina, Ms. Escobar, Mr. - Visclosky, Mr. Sherman, Mr. Kennedy, Mr. Schiff, Mr. Johnson of - Georgia, Ms. Sewell of Alabama, Mr. Lowenthal, Mr. Grijalva, Mrs. - Beatty, Mr. McGovern, Mrs. Luria, Mr. Carson of Indiana, Ms. Waters, - Mr. Payne, Mr. Allred, Mr. Foster, Mr. Aguilar, Ms. Judy Chu of - California, Mr. Bera, Mr. Van Drew, Ms. Plaskett, Mrs. Demings, Mr. - Harder of California, Ms. Fudge, Mrs. Lee of Nevada, Mr. DeFazio, Mr. - Danny K. Davis of Illinois, Ms. Spanberger, Mr. Cartwright, Mr. Lamb, - Mr. Jeffries, Mr. Krishnamoorthi, Mrs. Torres of California, Mr. - Butterfield, Mrs. Craig, Mr. Neal, Mr. Heck, Ms. Blunt Rochester, Ms. - Underwood, Mr. San Nicolas, Mr. Costa, Ms. Barragan, Mr. Clyburn, Mr. - Cox of California, Mr. Doggett, Mr. Green of Texas, Mr. Meeks, Mr. - Clay, Mr. Cleaver, Mr. Gomez, Ms. Jayapal, Ms. Kaptur, Mr. Ruiz, Mr. - Castro of Texas, Mr. Loebsack, Mr. Delgado, Mr. Case, Mr. Thompson of - Mississippi, Ms. Bass, Ms. Davids of Kansas, Ms. Ocasio-Cortez, Mrs. - Axne, Mrs. Fletcher, Mr. Sablan, Ms. Slotkin, Ms. Finkenauer, Mr. - Schrader, and Mr. Cunningham - - February 22, 2019 - - Reported with an amendment, committed to the Committee of the Whole - House on the State of the Union, and ordered to be printed - [Strike out all after the enacting clause and insert the part printed - in italic] -[For text of introduced bill, see copy of bill as introduced on January - 8, 2019] - - -_______________________________________________________________________ - - A BILL + AN ACT To require a background check for every firearm sale. - - - - Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, @@ -142,16 +55,22 @@ constitute the transfer of a firearm for purposes of this chapter. official duties; ``(B) a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their - children, between siblings, between aunts or uncles and their - nieces or nephews, or between grandparents and their - grandchildren; + children, including step-parents and their step-children, + between siblings, between aunts or uncles and their nieces or + nephews, or between grandparents and their grandchildren, if + the transferor has no reason to believe that the transferee + will use or intends to use the firearm in a crime or is + prohibited from possessing firearms under State or Federal law; ``(C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; ``(D) a temporary transfer that is necessary to prevent - imminent death or great bodily harm, if the possession by the + imminent death or great bodily harm, including harm to self, + family, household members, or others, if the possession by the transferee lasts only as long as immediately necessary to - prevent the imminent death or great bodily harm; + prevent the imminent death or great bodily harm, including the + harm of domestic violence, dating partner violence, sexual + assault, stalking, and domestic abuse; ``(E) a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or ``(F) a temporary transfer if the transferor has no reason @@ -183,6 +102,13 @@ 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 (1). + ``(E) Regulations promulgated under this paragraph shall include, +in the case of a background check conducted by the national instant +criminal background check system in response to a contact from a +licensed importer, licensed manufacturer, or licensed dealer, which +background check indicates that the receipt of a firearm by a person +would violate subsection (g)(5), a requirement that the system notify +U.S. Immigration and Customs Enforcement. ``(4) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the