Sec. 122. 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 (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 by inserting after subsection (s), as redesignated, the following: Beginning on the date that is 180 days after the date of enactment of the Fix Gun Checks Act of 2013, 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. Paragraph
(1)shall not apply to— bona fide gifts between spouses, between parents and their children, between siblings, or between grandparents and their grandchildren; a transfer made from a decedent’s estate, pursuant to a legal will or the operation of law; a temporary transfer of possession that occurs between an unlicensed transferor and an unlicensed transferee, if— the temporary transfer of possession occurs in the home or curtilage of the unlicensed transferor; the firearm is not removed from that home or curtilage during the temporary transfer; and the transfer has a duration of less than 7 days; and a temporary transfer of possession without transfer of title made in connection with lawful hunting or sporting purposes if the transfer occurs— 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; 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; or while hunting or trapping, if— the activity is legal in all places where the unlicensed transferee possesses the firearm; the temporary transfer of possession occurs during the designated hunting season; and the unlicensed transferee holds any required license or permit. For purposes of this subsection, the term transfer — shall include a sale, gift, loan, return from pawn or consignment, or other disposition; and 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 transferee. Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations. Regulations promulgated under this paragraph— shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1); and 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). . 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 925A of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking subsection
(s)or
(t)of section 922 and inserting section 922(s) . Section 103(f) of the NICS Improvement Amendments Act of 2007 is amended by striking section 922(t) and inserting section 922(s) . 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 section 922(s) each place it appears.
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Sec. 122
Firearms transfers
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