Sec. 202. Firearms transfers
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Section 922 of title 18, United States Code, is amended— by repealing subsection (s); by redesignating subsection
(t)as subsection (s); in subsection (s), as redesignated— in paragraph (1)(B)— in clause (i), by striking or ; in clause (ii), by striking and at the end; and by adding at the end the following: in the case of an instant background check conducted at a gun show or event during the 4-year period beginning on the effective date under section 210(a) of the Public Safety and Second Amendment Rights Protection Act of 2013 , 48 hours have 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 in the case of an instant background check conducted at a gun show or event after the 4-year period described in clause (iii), 24 hours have 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 ; in paragraph (3)(C)(ii), by striking (as defined in subsection (s)(8)) ; and by adding at the end the following: 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 the term gun show or event has the meaning given the term in subsection (t)(7). The Federal Bureau of Investigation shall not charge a user fee for a background check conducted pursuant to this subsection. Notwithstanding any other provision of this chapter, upon receiving a request for an instant background check that originates from a gun show or event, the system shall complete the instant background check before completing any pending instant background check that did not originate from a gun show or event. ; and by inserting after subsection (s), as redesignated, the following: Beginning on the date that is 180 days after the date of enactment of this subsection and except as provided in paragraph (2), it shall be unlawful for any person other than a licensed dealer, licensed manufacturer, or licensed importer to complete the transfer of a firearm to any other person who is not licensed under this chapter, if such transfer occurs— at a gun show or event, on the curtilage thereof; or pursuant to an advertisement, posting, display or other listing on the Internet or in a publication by the transferor of his intent to transfer, or the transferee of his intent to acquire, the firearm. Paragraph
(1)shall not apply if— the transfer is made after a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s), and upon taking possession of the firearm, the licensee— complies with all requirements of this chapter as if the licensee were transferring the firearm from the licensee’s business inventory to the unlicensed transferee, except that when processing a transfer under this chapter the licensee may accept in lieu of conducting a background check a valid permit issued within the previous 5 years by a State, or a political subdivision of a State, that allows the transferee to possess, acquire, or carry a firearm, if the law of the State, or political subdivision of a State, that issued the permit requires that such permit is issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law; the transfer is made between an unlicensed transferor and an unlicensed transferee residing in the same State, which takes place in such State, if— the Attorney General certifies that State in which the transfer takes place has in effect requirements under law that are generally equivalent to the requirements of this section; and the transfer was conducted in compliance with the laws of the State; the transfer is made between spouses, between parents or spouses of parents and their children or spouses of their children, between siblings or spouses of siblings, or between grandparents or spouses of grandparents and their grandchildren or spouses of their grandchildren, or between aunts or uncles or their spouses and their nieces or nephews or their spouses, or between first cousins, if the transferor does not know or have reasonable cause to believe that the transferee is prohibited from receiving or possessing a firearm under Federal, State, or local law; or the Attorney General has approved the transfer under section 5812 of the Internal Revenue Code of 1986. A licensed importer, licensed manufacturer, or licensed dealer who processes a transfer of a firearm authorized under paragraph (2)(A) shall not be subject to a license revocation or license denial based solely upon a violation of those paragraphs, or a violation of the rules or regulations promulgated under this paragraph, unless the licensed importer, licensed manufacturer, or licensed dealer— knows or has reasonable cause to believe that the information provided for purposes of identifying the transferor, transferee, or the firearm is false; knows or has reasonable cause to believe that the transferee is prohibited from purchasing, receiving, or possessing a firearm by Federal or State law, or published ordinance; or knowingly violates any other provision of this chapter, or the rules or regulations promulgated thereunder. Notwithstanding any other provision of this chapter, except for section 923(m), the Attorney General may implement this subsection with regulations. Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (2)(A). 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. 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 (2)(A). A person other than a licensed importer, licensed manufacturer, or licensed dealer, who makes a transfer of a firearm in accordance with this section, or who is the organizer of a gun show or event at which such transfer occurs, shall be immune from a qualified civil liability action relating to the transfer of the firearm as if the person were a seller of a qualified product. A provider of an interactive computer service shall be immune from a qualified civil liability action relating to the transfer of a firearm as if the provider of an interactive computer service were a seller of a qualified product. In this paragraph— the term interactive computer service shall have the meaning given the term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ); and the terms qualified civil liability action , qualified product , and seller shall have the meanings given the terms in section 4 of the Protection of Lawful Commerce in Arms Act ( 15 U.S.C. 7903 ). Nothing in this paragraph shall be construed to affect the immunity of a provider of an interactive computer service under section 230 of the Communications Act of 1934 (47 U.S.C. 230). In any civil liability action in any State or Federal court arising from the criminal or unlawful use of a firearm following a transfer of such firearm for which no background check was required under this section, this section shall not be construed— as creating a cause of action for any civil liability; or as establishing any standard of care. For purposes of this subsection, the term gun show or event — means any event at which 75 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; and does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923. . Section 923(g)(1)(D) is amended by striking, The inspection and examination authorized by this paragraph shall not be construed as authorizing the Attorney General to seize any records or other documents other than those records or documents constituting material evidence of a violation of law, and inserting the following: The Attorney General shall be prohibited from seizing any records or other documents in the course of an inspection or examination authorized by this paragraph other than those records or documents constituting material evidence of a violation of law. . Section 923 of title 18, United States Code, is amended by adding at the end the following: The Attorney General may not consolidate or centralize the records of the— acquisition or disposition of firearms, or any portion thereof, maintained by— a person with a valid, current license under this chapter; an unlicensed transferor under section 922(t); or possession or ownership of a firearm, maintained by any medical or health insurance entity. . 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) . 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) and inserting subsection
(s)or
(t)of section 922 each place it appears.
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