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BILLS-116hr8.txt

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+116th CONGRESS
+  1st Session
+                                 H. R. 8
+
+_______________________________________________________________________
+
+                                 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,
+
+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, 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.''.
+
+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 210 days after 
+the date of the enactment of this Act.