This is the actual governing aspect of the law.
TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE
Sec. 201. Purpose.
The purpose of this title is to extend the Brady Law background check procedures to all sales and transfers of firearms.
Sec. 202. Firearms transfers.Sec.
(a) In General.--Section 922 of title 18, United States Code, is amended--
(1) by repealing subsection (s);
This section is being removed from the law. There are nine (1-9) sections to (s) (click here)
(s)
(1) Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun (other than the return of a handgun to the person from whom it was received) to an individual who is not licensed under section 923, unless -
Subsection (t) is moved to (s)
(2) by redesignating subsection (t) as subsection (s);
(t)(s)(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless -
(3) in subsection (s), as redesignated--
(A) in paragraph (3)(C)(ii), by striking ``(as defined in subsection (s)(8))''; and
(3) Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if -
(C) on application of the transferor, the Attorney General has certified that compliance with paragraph (1 (A) is impracticable because -
(ii) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer (as defined in subsection (s)(8)); and
Clarifying authority. It is important to know who in the law enforcement community has the authority to move on the law.
(B) by adding at the end the following:
``(7) In this subsection, the term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual.''; and
More New Law
(4) by inserting after subsection (s), as redesignated, the following:
This is a big one.
``(t)(1) Beginning on the date that is 180 days after the date of enactment of this subsection, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to any other person who is not licensed under this chapter, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s). Upon taking possession of the firearm, the licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the licensee's inventory to the unlicensed transferee.
This answers the problem of selling between private parties. The sale has to go through a licensed entity. Sounds right to me. The licensed entity can carry out the background check. In other words, a LOCAL gun dealer would take possession of the gun, run a background check and reissue the gun in a transfer to the new owner. It is difficult to carry out this law if one is a gigantic Wall Street company conducting their sales primarily over the internet.
No money has to change hands with the gun dealer except for the services provided in the transfer itself. The gun dealer can charge for the service or offer a free transfer to regular customers or just offer the free service in hopes customers will purchase ammunition while in the shop. It is all in contract law. An agreement between the original owner and the gun dealer. If the background check fails then the gun goes back to the owner. A simple form to sign between all three parties before the background check is carried out.
Below are exemptions I don't agree with. I strongly believe the BREVITY of owning a gun requires responsible transfer regardless of relationship.
``(2) Paragraph (1) shall not apply to--
``(A) bona fide gifts between spouses, between parents and their children, between siblings, or between grandparents and their grandchildren;
``(B) a transfer made from a decedent's estate, pursuant to a legal will or the operation of law;
A will? Come on, require a limit on these transfers. One or two, but, not an arsenal. These have to be accounted for in The Death Tax / Estate Tax. Absolutely.
Why not provide a person on their death bed will all the guns to be transferred. I don't like the loopholes.
``(C) a temporary transfer of possession that occurs between an unlicensed transferor and an unlicensed transferee, if --
Temporary? Right, I will just lend the gun to someone until they carry out the crime.
Don't tell me this mess won't happen. This is the USA and anything is possible.
``(i) the temporary transfer of possession occurs in the home or curtilage of the unlicensed transferor;
I suppose if the household is under seige and in protection of their lives this might be necessary if they are in the heat of a gun battle, but, this is hideous already. Extenuating circumstances to any event requires the law to be tempered. One is assuming this law will result in the courts inability to discern that a gun battle broke out while people were fighting for their lives and dismiss any stupid charges that might have been written up. I think the courts can figure some of this out.
All that has to be done is to provide a provision that defers to judicial determination.
Those circumstances are possible in some areas of the USA. It is what separates rural from city. The defense of life is a sincere challenge along the southern border of the USA. Not so much from immigrants, but, drug cartels.
``(ii) the firearm is not removed from that home or curtilage during the temporary transfer; and
``(iii) the transfer has a duration of less than 7 days; and
``(D) a temporary transfer of possession without transfer of title made in connection with lawful hunting or sporting purposes if the transfer occurs--
The original owner needs to be somewhere in the presence of the gun, even if on the same property or within reasonable 'contact' with the person in possession of the weapon. There has to be a responsibility by the original owner of the use of the gun. It will prevent hunting accidents.
``(i) at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms and the firearm is, at all times, kept within the premises of the shooting range;
This is supervision. The owner of the gun is in supervision of it's use on the owner's property. It is commercial use. I suppose it could be private use to reduce a population of animals too large to sustain on the property, but, there can be other methods of reducing wildlife populations; ie: trapping, capture and release depending on the species. Local wildlife officials could be consulted and I would think responsible citizens would do that before simply killing off a population of anything.
``(ii) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization and the firearm is, at all times, kept within the premises of the shooting competition; and
This is supervision. This is responsibly legislated.
``(iii) while hunting or trapping, if--
``(I) the activity is legal in all places where the unlicensed transferee possesses the firearm;
``(II) the temporary transfer of possession occurs during the designated hunting season; and
``(III) the unlicensed transferee holds any required license or permit.
More definitions and clarification.
``(3) For purposes of this subsection, the term `transfer'--
``(A) shall include a sale, gift, loan, return from pawn or consignment, or other disposition; and
``(B) shall not include temporary possession of the firearm for purposes of examination or evaluation by a prospective transferee while in the presence of the prospective transfer.
``(4)(A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.
Good.
``(B) Regulations promulgated under this paragraph--
``(i) shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1); and
Good. I can see it now someone's fee will be the value of the gun and there goes good will. Capow. "What do you mean the fee is two thousands dollars?
``(ii) shall include a provision requiring a record of transaction of any transfer that occurred between an unlicensed transferor and unlicensed transferee accordance with paragraph (1).''.
I would think. The operative word there is unlicensed. It only makes sense an owner of a gun would seek to make a record of the transfer of the weapon outside of the background check system.
(b) Technical and Conforming Amendments.--
(1) Section 922.--Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph
This is a little confusing, but, the (v) was (w) repealed. It doesn't change anything about the law, just confusing to read.
922 - Unlawful Acts
[(v) , (w) Repealed. Pub. L. 103–322, title XI, § 110105(2),Sept. 13, 1994, 108 Stat. 2000.]
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A), by striking ``, (g)(5)(B), and...
(g) It shall be unlawful for any person—
(5) who, being an alien—
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
...(s)(3)(B)(v)(II)''...
(s)
(3) The statement referred to in paragraph (1)(A)(i)(I) shall contain only—
(B) a statement that the transferee—
(v) is not an alien who—
(II) subject to subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
...and inserting ``and (g)(5)(B)''.
This prohibits young aliens in the USA to possess guns. They don't have a constitutional right to own one anyway, but, it does require the law to codify the provision to make citizens engaging these young people aware of the law. Otherwise it is unclear the standing of these young people.
The reason there is a difference between a native born young person and a young person of an alien in the USA is that the 'alien status' if legal does not automatically transfer to the young person even though they are living with the parent. Okay? Got it. No constitutional right to it. Nothing against the young people, just the law of the land, that's all.
Eliminating (s)(3)(B)(v)(II) keeps it clear to the statute's focus.
(2) Section 925a.--
Section 925A...
925A - Remedy for erroneous denial of firearms
...of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking...
...``subsection (s) or (t) of section 922''...
(s)
(1) Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun (other than the return of a handgun to the person from whom it was received) to an individual who is not licensed under section 923, unless—
(t)
(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless—
...and inserting ``section 922(s)''.
922 - Unlawful Acts
(s)
(1) Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun (other than the return of a handgun to the person from whom it was received) to an individual who is not licensed under section 923, unless—
It removes section (t) from this area of the law and replaces it with 922(s). Cleaning up the law and removing ambivalence. It is good thing.
SEC. 203. LOST AND STOLEN REPORTING.
(a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end--
This provision (z) is the last provision of 922. The next section would begin with (aa). So this is new law to follow this provision.
(z) Secure Gun Storage or Safety Device.—
``(aa) It shall be unlawful for any person who lawfully possesses or owns a firearm that has been shipped or transported in, or has been possessed in or affecting, interstate or foreign commerce, to fail to report the theft or loss of the firearm, within 24 hours after the person discovers the theft or loss, to the Attorney General and to the appropriate local authorities.
Previous to this there was no requirement to report lost or stolen guns. This is not unreasonable law. It is based in 'DISCOVERY.' A person once discovering their gun(s) have been lost or stolen have 24 hours to try to find it before reporting it stolen. I would think any person owning a gun would seek to be responsible and report the dangers that might be faced by others.
''.(b) Penalty.--Section 924(a)(1) of title 18, United States Code,...
924 Penalities
(a)
(1) Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929, whoever—
The following provisions are amended:
(B) knowingly violates subsection (a)(4), (f), (k), or (q) of section 922;
(a)
(4) Whoever violates section 922 (q) shall be fined under this title, imprisoned for not more than 5 years, or both. Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law. Except for the authorization of a term of imprisonment of not more than 5 years made in this paragraph, for the purpose of any other law a violation of section 922 (q) shall be deemed to be a misdemeanor.
(f) In the case of a person who knowingly violates section 922 (p), such person shall be fined under this title, or imprisoned not more than 5 years, or both.
(k) A person who, with intent to engage in or to promote conduct that—
...and inserting the following:
(aa) is the new law.
(q)
The amendments made by this Act shall take effect 180 days after the date of enactment of this Act.
Calendar No. 25
113th CONGRESS 1st Session
Well done, Senator Schumer. I registered my concerns. It was a well thought out bill, thank you.
TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE
Sec. 201. Purpose.
The purpose of this title is to extend the Brady Law background check procedures to all sales and transfers of firearms.
Sec. 202. Firearms transfers.Sec.
(a) In General.--Section 922 of title 18, United States Code, is amended--
(1) by repealing subsection (s);
This section is being removed from the law. There are nine (1-9) sections to (s) (click here)
(s)
(1) Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun (other than the return of a handgun to the person from whom it was received) to an individual who is not licensed under section 923, unless -
Subsection (t) is moved to (s)
(2) by redesignating subsection (t) as subsection (s);
(t)(s)(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless -
(3) in subsection (s), as redesignated--
(A) in paragraph (3)(C)(ii), by striking ``(as defined in subsection (s)(8))''; and
(3) Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if -
(C) on application of the transferor, the Attorney General has certified that compliance with paragraph (1 (A) is impracticable because -
(ii) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer (as defined in subsection (s)(8)); and
Clarifying authority. It is important to know who in the law enforcement community has the authority to move on the law.
(B) by adding at the end the following:
``(7) In this subsection, the term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual.''; and
More New Law
(4) by inserting after subsection (s), as redesignated, the following:
This is a big one.
``(t)(1) Beginning on the date that is 180 days after the date of enactment of this subsection, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to any other person who is not licensed under this chapter, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s). Upon taking possession of the firearm, the licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the licensee's inventory to the unlicensed transferee.
This answers the problem of selling between private parties. The sale has to go through a licensed entity. Sounds right to me. The licensed entity can carry out the background check. In other words, a LOCAL gun dealer would take possession of the gun, run a background check and reissue the gun in a transfer to the new owner. It is difficult to carry out this law if one is a gigantic Wall Street company conducting their sales primarily over the internet.
No money has to change hands with the gun dealer except for the services provided in the transfer itself. The gun dealer can charge for the service or offer a free transfer to regular customers or just offer the free service in hopes customers will purchase ammunition while in the shop. It is all in contract law. An agreement between the original owner and the gun dealer. If the background check fails then the gun goes back to the owner. A simple form to sign between all three parties before the background check is carried out.
Below are exemptions I don't agree with. I strongly believe the BREVITY of owning a gun requires responsible transfer regardless of relationship.
``(2) Paragraph (1) shall not apply to--
``(A) bona fide gifts between spouses, between parents and their children, between siblings, or between grandparents and their grandchildren;
``(B) a transfer made from a decedent's estate, pursuant to a legal will or the operation of law;
A will? Come on, require a limit on these transfers. One or two, but, not an arsenal. These have to be accounted for in The Death Tax / Estate Tax. Absolutely.
Why not provide a person on their death bed will all the guns to be transferred. I don't like the loopholes.
``(C) a temporary transfer of possession that occurs between an unlicensed transferor and an unlicensed transferee, if --
Temporary? Right, I will just lend the gun to someone until they carry out the crime.
Don't tell me this mess won't happen. This is the USA and anything is possible.
``(i) the temporary transfer of possession occurs in the home or curtilage of the unlicensed transferor;
I suppose if the household is under seige and in protection of their lives this might be necessary if they are in the heat of a gun battle, but, this is hideous already. Extenuating circumstances to any event requires the law to be tempered. One is assuming this law will result in the courts inability to discern that a gun battle broke out while people were fighting for their lives and dismiss any stupid charges that might have been written up. I think the courts can figure some of this out.
All that has to be done is to provide a provision that defers to judicial determination.
Those circumstances are possible in some areas of the USA. It is what separates rural from city. The defense of life is a sincere challenge along the southern border of the USA. Not so much from immigrants, but, drug cartels.
``(ii) the firearm is not removed from that home or curtilage during the temporary transfer; and
``(iii) the transfer has a duration of less than 7 days; and
``(D) a temporary transfer of possession without transfer of title made in connection with lawful hunting or sporting purposes if the transfer occurs--
The original owner needs to be somewhere in the presence of the gun, even if on the same property or within reasonable 'contact' with the person in possession of the weapon. There has to be a responsibility by the original owner of the use of the gun. It will prevent hunting accidents.
``(i) at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms and the firearm is, at all times, kept within the premises of the shooting range;
This is supervision. The owner of the gun is in supervision of it's use on the owner's property. It is commercial use. I suppose it could be private use to reduce a population of animals too large to sustain on the property, but, there can be other methods of reducing wildlife populations; ie: trapping, capture and release depending on the species. Local wildlife officials could be consulted and I would think responsible citizens would do that before simply killing off a population of anything.
``(ii) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization and the firearm is, at all times, kept within the premises of the shooting competition; and
This is supervision. This is responsibly legislated.
``(iii) while hunting or trapping, if--
``(I) the activity is legal in all places where the unlicensed transferee possesses the firearm;
``(II) the temporary transfer of possession occurs during the designated hunting season; and
``(III) the unlicensed transferee holds any required license or permit.
More definitions and clarification.
``(3) For purposes of this subsection, the term `transfer'--
``(A) shall include a sale, gift, loan, return from pawn or consignment, or other disposition; and
``(B) shall not include temporary possession of the firearm for purposes of examination or evaluation by a prospective transferee while in the presence of the prospective transfer.
``(4)(A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.
Good.
``(B) Regulations promulgated under this paragraph--
``(i) shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1); and
Good. I can see it now someone's fee will be the value of the gun and there goes good will. Capow. "What do you mean the fee is two thousands dollars?
``(ii) shall include a provision requiring a record of transaction of any transfer that occurred between an unlicensed transferor and unlicensed transferee accordance with paragraph (1).''.
I would think. The operative word there is unlicensed. It only makes sense an owner of a gun would seek to make a record of the transfer of the weapon outside of the background check system.
(b) Technical and Conforming Amendments.--
(1) Section 922.--Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph
This is a little confusing, but, the (v) was (w) repealed. It doesn't change anything about the law, just confusing to read.
922 - Unlawful Acts
[(v) , (w) Repealed. Pub. L. 103–322, title XI, § 110105(2),Sept. 13, 1994, 108 Stat. 2000.]
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A), by striking ``, (g)(5)(B), and...
(g) It shall be unlawful for any person—
(5) who, being an alien—
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
...(s)(3)(B)(v)(II)''...
(s)
(3) The statement referred to in paragraph (1)(A)(i)(I) shall contain only—
(B) a statement that the transferee—
(v) is not an alien who—
(II) subject to subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
...and inserting ``and (g)(5)(B)''.
This prohibits young aliens in the USA to possess guns. They don't have a constitutional right to own one anyway, but, it does require the law to codify the provision to make citizens engaging these young people aware of the law. Otherwise it is unclear the standing of these young people.
The reason there is a difference between a native born young person and a young person of an alien in the USA is that the 'alien status' if legal does not automatically transfer to the young person even though they are living with the parent. Okay? Got it. No constitutional right to it. Nothing against the young people, just the law of the land, that's all.
Eliminating (s)(3)(B)(v)(II) keeps it clear to the statute's focus.
(2) Section 925a.--
Section 925A...
925A - Remedy for erroneous denial of firearms
...of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking...
...``subsection (s) or (t) of section 922''...
(s)
(1) Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun (other than the return of a handgun to the person from whom it was received) to an individual who is not licensed under section 923, unless—
(t)
(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless—
...and inserting ``section 922(s)''.
922 - Unlawful Acts
(s)
(1) Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun (other than the return of a handgun to the person from whom it was received) to an individual who is not licensed under section 923, unless—
It removes section (t) from this area of the law and replaces it with 922(s). Cleaning up the law and removing ambivalence. It is good thing.
SEC. 203. LOST AND STOLEN REPORTING.
(a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end--
This provision (z) is the last provision of 922. The next section would begin with (aa). So this is new law to follow this provision.
(z) Secure Gun Storage or Safety Device.—
``(aa) It shall be unlawful for any person who lawfully possesses or owns a firearm that has been shipped or transported in, or has been possessed in or affecting, interstate or foreign commerce, to fail to report the theft or loss of the firearm, within 24 hours after the person discovers the theft or loss, to the Attorney General and to the appropriate local authorities.
Previous to this there was no requirement to report lost or stolen guns. This is not unreasonable law. It is based in 'DISCOVERY.' A person once discovering their gun(s) have been lost or stolen have 24 hours to try to find it before reporting it stolen. I would think any person owning a gun would seek to be responsible and report the dangers that might be faced by others.
''.(b) Penalty.--Section 924(a)(1) of title 18, United States Code,...
924 Penalities
(a)
(1) Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929, whoever—
The following provisions are amended:
(b) Whoever, with intent to commit therewith an offense punishable by imprisonment for a term exceeding one year, or with knowledge or reasonable cause to believe that an offense punishable by imprisonment for a term exceeding one year is to be committed therewith, ships, transports, or receives a firearm or any ammunition in interstate or foreign commerce shall be fined under this title, or imprisoned not more than ten years, or both.
(c)
...is amended by striking (removing / vacating) subparagraph (B)...
(1)
(A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime—
(f) In the case of a person who knowingly violates section 922 (p), such person shall be fined under this title, or imprisoned not more than 5 years, or both.
(p) Penalties Relating To Secure Gun Storage or Safety Device.—
(1) In general.—
(A) Suspension or revocation of license; civil penalties.— With respect to each violation of section 922 (z)(1) by a licensed manufacturer, licensed importer, or licensed dealer, the Secretary may, after notice and opportunity for hearing—
(B) knowingly violates subsection (a)(4), (f), (k), or (q) of section 922;
(a)
(4) Whoever violates section 922 (q) shall be fined under this title, imprisoned for not more than 5 years, or both. Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law. Except for the authorization of a term of imprisonment of not more than 5 years made in this paragraph, for the purpose of any other law a violation of section 922 (q) shall be deemed to be a misdemeanor.
(f) In the case of a person who knowingly violates section 922 (p), such person shall be fined under this title, or imprisoned not more than 5 years, or both.
(k) A person who, with intent to engage in or to promote conduct that—
(1) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;
(2) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); or
smuggles or knowingly brings into the United States a firearm, or attempts to do so, shall be imprisoned not more than 10 years, fined under this title, or both.
...and inserting the following:
(aa) is the new law.
``(B) knowingly violates subsection (a)(4), (f), (k), (q), or (aa) of section 922;''.
922 Unlawful Acts
(a) It shall be unlawful—
(4) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity;
(f)(k) It shall be unlawful for any person knowingly to transport, ship, or receive, in interstate or foreign commerce, any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered or to possess or receive any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce.(1) It shall be unlawful for any common or contract carrier to transport or deliver in interstate or foreign commerce any firearm or ammunition with knowledge or reasonable cause to believe that the shipment, transportation, or receipt thereof would be in violation of the provisions of this chapter.
(q)
(1) The Congress finds and declares that—
(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs;
(C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary [3] the House of Representatives and the Committee on the Judiciary of the Senate;
(D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce;
(E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason;
(F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country;
(G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States;
(H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves—even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and
(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(3)
(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a firearm—
(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;
(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.
``(aa) It shall be unlawful for any person who lawfully possesses or owns a firearm that has been shipped or transported in, or has been possessed in or affecting, interstate or foreign commerce, to fail to report the theft or loss of the firearm, within 24 hours after the person discovers the theft or loss, to the Attorney General and to the appropriate local authorities.
204. Effective date.The amendments made by this Act shall take effect 180 days after the date of enactment of this Act.
Calendar No. 25
113th CONGRESS 1st Session
Well done, Senator Schumer. I registered my concerns. It was a well thought out bill, thank you.
