Sec. 5. Improving information sharing with the States
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Title I of the NICS Improvement Amendments Act of 2007 (34 U.S. 40911 et seq.) is amended by adding at the end the following: Not later than 1 year after the date of enactment of the Fix NICS Act of 2017 , the Attorney General, in coordination with the States and Indian tribal governments, shall establish, for each State or Indian tribal government, a plan to ensure maximum coordination and automation of the reporting or making available of appropriate records to the National Instant Criminal Background Check System established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ) and the verification of the accuracy of those records during a 4-year period specified in the plan, and shall update the plan biennially, to the extent necessary, based on the most recent biennial assessment under subsection (f).
The records shall be limited to those of an individual described in subsection
(g)or
(n)of section 922 of title 18, United States Code Each plan established under this section shall include annual benchmarks to enable the Attorney General to assess the implementation of the plan, including— qualitative goals and quantitative measures; and a needs assessment, including estimated compliance costs. Not later than the end of each fiscal year beginning after the date of the establishment of an implementation plan under this section, the Attorney General shall determine whether each State or Indian tribal government has achieved substantial compliance with the benchmarks included in the plan. The Attorney General— shall disclose and publish, including on the website of the Department of Justice— the name of each State or Indian tribal government that received a determination of failure to achieve substantial compliance with an implementation plan under subsection
(c)for the preceding fiscal year; and a description of the reasons for which the Attorney General has determined that the State or Indian tribal government is not in substantial compliance with the implementation plan, including, to the greatest extent possible, a description of the types and amounts of records that have not been submitted; and if a State or Indian tribal government described in paragraph
(1)subsequently receives a determination of substantial compliance, shall— immediately correct the applicable record; and not later than 3 days after the determination, remove the record from the website of the Department of Justice and any other location where the record was published. For each of fiscal years 2018 through 2022, the Attorney General shall give affirmative preference to all Bureau of Justice Assistance discretionary grant applications of a State or Indian tribal government that received a determination of substantial compliance under subsection
(c)for the fiscal year in which the grant was solicited. Every 2 years, the Attorney General shall assess the extent to which the actions taken under the Fix NICS Act of 2017 have resulted in improvements in the National Instant Criminal Background Check System established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40903 ). In the case of a background check conducted by the National Instant Criminal Background Check System pursuant to the request of a licensed importer, licensed manufacturer, or licensed dealer of firearms (as such terms are defined in section 921 of title 18, United States Code), which background check determines that the receipt of a firearm by a person would violate subsection
(g)or
(n)of section 922 of title 18, United States Code, and such determination is made after 3 business days have elapsed since the licensee contacted the System and a firearm has been transferred to that person, the System shall notify the law enforcement agencies described in subsection (b). The law enforcement agencies described in this subsection are the law enforcement agencies that have jurisdiction over the location from which the licensee contacted the system and the law enforcement agencies that have jurisdiction over the location of the residence of the person for which the background check was conducted, as follows: The field office of the Federal Bureau of Investigation. The local law enforcement agency. The State law enforcement agency. . The table of contents in section 1(b) of the NICS Improvement Amendments Act of 2007 ( Public Law 110–180 ; 121 Stat. 2559) is amended by inserting after the item relating to section 106 the following: Sec. 107. Implementation plan. Sec. 108. Notification to law enforcement agencies of prohibited purchase of a firearm. .
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- 34 U.S. 4091
- Pub. L. 110-180
- 121 Stat. 2559
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Sec. 5
Improving information sharing with the States
SCOTUS34 U.S. 4091
Pub. L.Pub. L. 110-180
Stat.121 Stat. 2559
Cites 5Cited by 0 across 0 sources