IN THE HOUSE OF REPRESENTATIVES
February 8, 2019
Mr.Clyburn(for himself, Mr.Kingof New York, and Mr.Cunningham) introduced the following bill; which was referred to the Committee on the Judiciary
February 22, 2019
Additional sponsors: Ms.Omar, Mr.Rouda, Ms.Ocasio-Cortez, Mr.Sherman, Mr.Schneider, Mr.Levinof Michigan, Mr.Raskin, Mr.Cicilline, Mr.Danny K. Davisof Illinois, Mrs.Demings, Mr.Suozzi, Mr.Malinowski, and Mr.Khanna
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 February 8, 2019]
To amendchapter 44of 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 2019”.
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)(1)(B)(ii) of title 18, United States Code is amended—
(1) in paragraph (1)(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—
- “(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, 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, or local 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; and”; 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.”.
SEC. 3.NEW TERMINOLOGY FOR THOSE WITH MENTAL ILLNESS.
Section 922 of title 18, United States Code, is amended in each of subsections (d)(4) and (g)(4) by striking “adjudicated as a mental defective” and inserting “adjudicated with mental illness, severe developmental disability, or severe emotional instability”.