Sec. 102. Firearms transfers
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Chapter 44 of title 18, United States Code, is amended by adding at the end the following: In this section— the term unlicensed transferee means a person who— is not licensed under this chapter; and desires to receive a firearm from an unlicensed transferor; and the term unlicensed transferor means a person who— is not licensed under this chapter; and desires to transfer a firearm to an unlicensed transferee. It shall be unlawful for an unlicensed transferor to transfer a firearm to an unlicensed transferee, unless the firearm is transferred— through a licensed dealer under subsection (d); through a law enforcement agency under subsection (e); after inspecting a permit that confirms a background check under subsection (f); or in accordance with an exception described in subsection (g); and in accordance with paragraph (2).
Except as provided in subsection (g), an unlicensed transferor— subject to subparagraph (B), may not transfer a firearm to an unlicensed transferee until— the licensed dealer through which the transfer is made under subsection
(d)makes a notification described in subsection (d)(3)(A); the law enforcement agency through which the transfer is made under subsection
(e)makes a notification described in subsection (e)(4)(A); or the unlicensed transferee has presented a permit that confirms that a background check has been conducted, as described in subsection (f); and may not transfer a firearm to an unlicensed transferee if— the licensed dealer through which the transfer is made under subsection
(d)makes the notification described in subsection (d)(3)(B); or the law enforcement agency through which the transfer is made under subsection
(e)makes the notification described in subsection (e)(3)(B). Nothing in this section shall permit or authorize the Attorney General to impose recordkeeping requirements on any unlicensed transferor. It shall be unlawful for an unlicensed transferee to receive a firearm from an unlicensed transferor, unless the firearm is transferred— through a licensed dealer under subsection (d); through a law enforcement agency under subsection (e); after inspecting a permit that confirms a background check in accordance with subsection (f); or in accordance with an exception described in subsection (g); and in accordance with paragraph (2). Except as provided in subsection (g), an unlicensed transferee— subject to subparagraph (B), may not receive a firearm from an unlicensed transferor until— the licensed dealer through which the transfer is made under subsection
(d)makes a notification described in subsection (d)(3)(A); the law enforcement agency through which the transfer is made under subsection
(e)makes a notification described in subsection (e)(4)(A); or the unlicensed transferee has presented a permit that confirms that a background check described in subsection
(f)has been conducted; and may not receive a firearm from another unlicensed transferor if— the licensed dealer through which the transfer is made under subsection
(d)makes a notification described in subsection (d)(3)(B); or the law enforcement agency through which the transfer is made under subsection
(e)makes a notification described in subsection (e)(4)(B). A licensed dealer who agrees to assist in the transfer of a firearm between unlicensed transferor and an unlicensed transferee shall— enter such information about the firearm as the Attorney General may require by regulation into a separate bound record; record the transfer on a form specified by the Attorney General; comply with section 922(t) as if transferring the firearm from the inventory of the licensed dealer to the unlicensed transferee (except that a licensed dealer assisting in the transfer of a firearm under this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the unlicensed transferee) and notify the unlicensed transferor and unlicensed transferee— of such compliance; and if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or State law; not later than 31 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which— shall be on a form specified by the Attorney General by regulation; and shall not include the name of or other identifying information relating to the unlicensed transferor or unlicensed transferee; if the licensed dealer assists an unlicensed transferor in transferring, at the same time or during any 5 consecutive business days, two or more pistols or revolvers, or any combination of pistols and revolvers totaling two or more, to the same unlicensed transferee, in addition to the reports required under paragraph (4), prepare a report of the multiple transfers, which shall— be prepared on a form specified by the Attorney General; and not later than the close of business on the date on which the transfer requiring the report under this paragraph occurs, be submitted to— the office specified on the form described in subparagraph (A); and the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and retain a record of the transfer as part of the permanent business records of the licensed dealer. A State or local law enforcement agency that agrees to assist an unlicensed transferor in carrying out the responsibilities of the unlicensed transferor under subsection
(b)with respect to the transfer of a firearm shall— contact the national instant criminal background check system under section 922(t); and receive an identification number as described in section 922(t)(1)(B)(i); or wait the period described in 922(t)(1)(B)(ii); conduct such other checks as the agency considers appropriate to determine whether the receipt or possession of the firearm by the unlicensed transferee would violate section 922 or State law; verify the identity of the unlicensed transferee by— examining a valid identification document (as defined in section 1028(d)) of the unlicensed transferee containing a photograph of the unlicensed transferee; or confirming that the unlicensed transferor has examined a valid identification document described in subparagraph (A); notify the unlicensed transferor and transferee— of the compliance by the law enforcement agency with the requirements under paragraphs (1), (2), and (3); and of any receipt by the law enforcement agency of a notification from the national instant criminal background check system or other information that the transfer would violate section 922 or would violate State law; not later than 31 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which— shall be on a form specified by the Attorney General by regulation; and shall not include the name of or other identifying information relating to the unlicensed transferor or unlicensed transferee; if the law enforcement agency assists an unlicensed transferor in transferring, at the same time or during any 5 consecutive business days, two or more pistols or revolvers, or any combination of pistols and revolvers totaling two or more, to the same unlicensed transferee, in addition to the reports required under paragraph (5), prepare a report of the multiple transfers, which shall be— prepared on a form specified by the Attorney General; and not later 24 hours after the transfer requiring the report under this paragraph occurs, submitted to— the office specified on the form described in subparagraph (A); and the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and maintain records of the transfer at such place, and in such form, as the Attorney General may prescribe. An unlicensed transferor may transfer a firearm to an unlicensed transferee if the unlicensed transferor verifies that— the unlicensed transferee has presented to a licensed dealer or a law enforcement official a permit or license that allows the unlicensed transferee to possess, acquire, or carry a firearm, and the licensed dealer or law enforcement official, as the case may be, has verified to the unlicensed transferor that the permit or license is valid; the permit or license was issued not more than 5 years before the date on which the permit or license is presented under paragraph
(1)by a law enforcement agency in the State in which the transfer is to take place; the law of the State provides that the permit or license is to be issued only after a law enforcement official has verified that neither the national instant criminal background check system nor other information indicates that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law; and if the permit or license does not include a photograph of the unlicensed transferee, the unlicensed transferor has examined a valid identification document (as defined in section 1028(d)) of the unlicensed transferee containing a photograph of the unlicensed transferee. Unless prohibited by any other provision of law, subsections
(b)and
(c)shall not apply to any transfer of a firearm between an unlicensed transferor and unlicensed transferee, if— the transfer is a bona fide gift between immediate family members, including spouses, parents, children, siblings, grandparents, and grandchildren; the transfer occurs by operation of law, or because of the death of another person for whom the unlicensed transferor is an executor or administrator of an estate or a trustee of a trust created in a will; the transfer is temporary and occurs while in the home of the unlicensed transferee, if— the unlicensed transferee is not otherwise prohibited from possessing firearms; and the unlicensed transferee believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the unlicensed transferee; the transfer is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or upon application of the unlicensed transferor, the Attorney General determined that compliance with subsection
(b)is impracticable because— the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; the location at which the transfer is to occur is extremely remote in relation to the chief law enforcement officer (as defined in section 922(s)(8)); and there is an absence of telecommunications facilities in the geographical area in which the unlicensed transferor is located; or the transfer is a temporary transfer of possession without transfer of title that takes place— 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; at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization; or while hunting, fishing, or trapping, if— the activity is legal in all places where the unlicensed transferee possesses the firearm; and the unlicensed transferee holds any required license or permit. A licensed dealer or law enforcement agency that processes the transfer of a firearm under this section may assess and collect a fee, in an amount not to exceed $15, with respect to each firearm transfer processed. Nothing in subsection (e)(7) shall be construed to authorize the Attorney General to inspect records described in such subsection or to require that the records be transferred to a facility owned, managed, or controlled by the United States. . Section 924(a)(5) of title 18, United States Code, is amended by inserting or section 932 after section 922 . The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Background checks for firearm transfers by unlicensed persons. .