[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2403 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2403
To amend chapter 44 of title 18, United States Code, to strengthen the
background check procedures to be followed before a Federal firearms
licensee may transfer a firearm to a person who is not such a licensee.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Clyburn (for himself, Mr. Aguilar, Mr. Auchincloss, Ms. Balint, Ms.
Barragan, Mrs. Beatty, Mr. Bera, Mr. Beyer, Mr. Bishop of Georgia, Mr.
Blumenauer, Ms. Blunt Rochester, Ms. Bonamici, Mr. Bowman, Mr. Boyle of
Pennsylvania, Ms. Brown, Ms. Brownley, Ms. Budzinski, Ms. Bush, Mr.
Carter of Louisiana, Mr. Casten, Ms. Castor of Florida, Mrs. Cherfilus-
McCormick, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr.
Cohen, Ms. Craig, Ms. Crockett, Ms. Dean of Pennsylvania, Ms. DeGette,
Ms. DeLauro, Mr. DeSaulnier, Mrs. Dingell, Mr. Doggett, Mr. Evans, Mr.
Foster, Ms. Lois Frankel of Florida, Mr. Frost, Mr. Garamendi, Ms.
Garcia of Texas, Mr. Garcia of Illinois, Mr. Goldman of New York, Mr.
Gomez, Mr. Gottheimer, Mr. Grijalva, Mrs. Hayes, Mr. Higgins of New
York, Mr. Himes, Mr. Horsford, Mr. Hoyer, Mr. Huffman, Mr. Ivey, Mr.
Jackson of Illinois, Ms. Jackson Lee, Ms. Jacobs, Ms. Jayapal, Mr.
Johnson of Georgia, Ms. Kamlager-Dove, Ms. Kelly of Illinois, Mr.
Khanna, Mr. Kildee, Mr. Kilmer, Mr. Kim of New Jersey, Mr.
Krishnamoorthi, Ms. Kuster, Mr. Larsen of Washington, Ms. Lee of
California, Mrs. Lee of Nevada, Ms. Leger Fernandez, Ms. Lofgren, Mr.
Lynch, Ms. Manning, Mrs. McBath, Mrs. McClellan, Mr. Meeks, Ms. Meng,
Mr. Mfume, Ms. Moore of Wisconsin, Mr. Morelle, Mr. Moskowitz, Mr.
Moulton, Mr. Nadler, Mrs. Napolitano, Mr. Neguse, Mr. Norcross, Ms.
Norton, Ms. Omar, Mr. Pallone, Mr. Pascrell, Mr. Payne, Ms. Pettersen,
Ms. Plaskett, Mr. Pocan, Mr. Ruppersberger, Mr. Ryan, Ms. Salinas, Ms.
Sanchez, Ms. Schakowsky, Mr. Schiff, Mr. David Scott of Georgia, Mr.
Scott of Virginia, Ms. Sewell, Mr. Smith of Washington, Ms. Stansbury,
Ms. Stevens, Ms. Strickland, Mr. Swalwell, Mr. Takano, Mr. Thompson of
Mississippi, Mr. Thompson of California, Ms. Titus, Ms. Tlaib, Ms.
Tokuda, Mr. Veasey, Ms. Wasserman Schultz, Mrs. Watson Coleman, Ms.
Williams of Georgia, and Ms. Wilson of Florida) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 44 of title 18, United States Code, to strengthen the
background check procedures to be followed before a Federal firearms
licensee may transfer a firearm to a person who is not such a licensee.
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 ``Enhanced Background Checks Act of
2023''.
SEC. 2. STRENGTHENING OF BACKGROUND CHECK PROCEDURES TO BE FOLLOWED
BEFORE A FEDERAL FIREARMS LICENSEE MAY TRANSFER A FIREARM
TO A PERSON WHO IS NOT SUCH A LICENSEE.
Section 922(t) of title 18, United States Code is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking clause (ii)
and inserting the following:
``(ii) in the event 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 State,
local, or Tribal law--
``(I) not fewer than 10 business days (meaning a
day on which State offices are open) has 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 State, local, or Tribal law, and
the other person has submitted, electronically through
a website established by the Attorney General or by
first-class mail, a petition for review which--
``(aa) certifies that such other person has
no reason to believe that such other person is
prohibited by Federal, State, local, or Tribal
law from purchasing or possessing a firearm;
and
``(bb) requests that the system respond to
the contact referred to in subparagraph (A)
within 10 business days after the date the
petition was submitted (or, if the petition is
submitted by first-class mail, the date the
letter containing the petition is postmarked);
and
``(II) 10 business days have elapsed since the
other person so submitted the petition, 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 State, local, or Tribal
law;''; and
(B) in subparagraph (C)--
(i) by adding ``or'' at the end of clause
(i); and
(ii) by striking clause (ii) and all that
follows through the 2nd comma in clause (iii)
and inserting the following:
``(ii) the transfer could be completed
lawfully pursuant to subparagraph (B)(ii) if
the person had attained 21 years of age''; and
(2) by adding at the end the following:
``(7) The Attorney General shall--
``(A) prescribe the form on which a petition shall be
submitted pursuant to paragraph (1)(B)(ii);
``(B) make the form available electronically, and provide a
copy of the form to all licensees referred to in paragraph (1);
``(C) provide the petitioner and the licensee involved
written notice of receipt of the petition, either
electronically or by first-class mail; and
``(D) respond on an expedited basis to any such petition
received by the Attorney General.
``(8)(A) If, after 3 business days have elapsed since the licensee
initially contacted the system about a firearm transaction, the system
notifies the licensee that the transfer to, or receipt of, a firearm by
such other person would not violate subsection (d), (g), or (n) (as
applicable), or State, local, or Tribal law, the licensee may continue
to rely on that notification for the longer of--
``(i) an additional 25 calendar days after the licensee
receives the notification; or
``(ii) 30 calendar days after the date of the initial
contact.
``(B) If such other person has met the requirements of paragraph
(1)(B)(ii) or (1)(C) (as applicable) before the system destroys the
records related to the firearm transaction, the licensee may continue
to rely on such other person having met the requirements for an
additional 25 calendar days after the date such other person first met
the requirements.''.
SEC. 3. CONFORMING AMENDMENT.
Section 103(l)(3) of the Brady Handgun Violence Prevention Act (34
U.S.C. 40901) is amended by striking ``, but in no case more than 10
business days,''.
SEC. 4. GAO REPORTS.
Within 90 days after the end of each of the 1-year, 3-year, and 5-
year periods that begin with the effective date of this Act, the
Comptroller General of the United States shall prepare and submit to
the Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a written report analyzing the
extent to which, during the respective period, paragraphs (1)(B)(ii)
and (7) of section 922(t) of title 18, United States Code, have
prevented firearms from being transferred to prohibited persons, which
report shall include but not be limited to the following--
(1) an assessment of the overall implementation of such
subsections, including a description of the challenges faced in
implementing such paragraphs;
(2) an aggregate description of firearm purchase delays and
denials, with a description of denials, disaggregated by State
and by the basis for the denial; and
(3) an aggregate analysis of the petitions submitted
pursuant to such paragraph (1)(B)(ii).
SEC. 5. REPORTS ON PETITIONS SUPPORTING FIREARMS TRANSFERS NOT
IMMEDIATELY APPROVED BY NICS SYSTEM, THAT WERE NOT
RESPONDED TO IN A TIMELY MANNER.
The Director of the Federal Bureau of Investigation shall make an
annual report to the public on the number of petitions received by the
national instant criminal background check system established under
section 103 of the Brady Handgun Violence Prevention Act that were
submitted pursuant to subclause (I) of section 922(t)(1)(B)(ii) of
title 18, United States Code, with respect to which a determination was
not made within the 10-day period referred to in subclause (II) of such
section 922(t)(1)(B)(ii). The report shall include the following, which
shall be disaggregated by State:
(1) The number of petitions submitted under such section
that were received by the national instant criminal background
check system established under section 103 of the Brady Handgun
Violence Prevention Act.
(2) The number of petitioners who were discovered to be
ineligible under Federal, State, local, or Tribal law during
that 10-day period.
(3) The number of petitioners who were discovered to be
ineligible under Federal, State, local, or Tribal law after
that 10-day period.
(4) The basis of the ineligibility of the petitioners
discovered to be ineligible under Federal, State, local, or
Tribal law during that 10-day period, and the basis of the
ineligibility of the petitioners discovered to be ineligible
under Federal, State, local, or Tribal law after that 10-day
period.
(5) The number of the petitioners whose petitions were
denied and who, within 12 months after the denial, were
prosecuted under Federal, State, or local law for receiving or
attempting to receive a firearm.
SEC. 6. REPORT TO THE CONGRESS.
Within 150 days after the date of the enactment of this Act, the
Attorney General, in consultation with the National Resource Center on
Domestic Violence and Firearms, shall submit to the Congress a report
analyzing the effect, if any, of this Act on the safety of victims of
domestic violence, domestic abuse, dating partner violence, sexual
assault, and stalking, disaggregated by State, and whether any further
amendments to the background check process, including amendments to the
conditions that must be met under this Act for a firearm to be
transferred when the system has not notified the licensee that such
transfer would not violate subsection (d), (g), or (n) of section 922
of title 18, United States Code (as applicable), or State, local, or
Tribal law, would likely result in a reduction in the risk of death or
great bodily harm to victims of domestic violence, domestic abuse,
dating partner violence, sexual assault, and stalking.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 210
days after the date of the enactment of this Act.
SEC. 8. REPORT ON FIREARM TRANSFERS DENIED AS A RESULT OF A NICS CHECK.
Within 90 days after the date of the enactment of this Act, the
Inspector General, Department of Justice, shall prepare and submit to
the Congress a written report on the number of firearm transactions
with respect to which the national instant criminal background check
system established under the Brady Handgun Violence Prevention Act has
determined that receipt of a firearm by the prospective firearm
transferee would violate Federal, State, local, or Tribal law, and
which have been referred to the Bureau of Alcohol, Tobacco, Firearms
and Explosives for investigation.
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