Sec. 120. Firearm dealer access to law enforcement information
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Section 103(b) of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ), is amended— by striking Not later than and inserting the following: Not later than ; and by adding at the end the following: Not later than 90 days after the date of enactment of the Protecting Communities and Preserving the Second Amendment Act of 2018 , the Attorney General shall promulgate regulations allowing licensees to use the national instant criminal background check system established under this section for purposes of conducting voluntary, no fee employment background checks on current or prospective employees.
Before conducting an employment background check relating to an individual under subparagraph (A), a licensee shall— provide written notice to the individual that the licensee intends to conduct the background check; and obtain consent to conduct the background check from the individual in writing. An employment background check conducted by a licensee under subparagraph
(A)shall not governed by the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq.). Any individual who is the subject of an employment background check conducted by a licensee under subparagraph
(A)the result of which indicates that the individual is a prohibited from possessing a firearm or ammunition pursuant to subsection
(g)or
(n)of section 922 of title 18, United States Code, may appeal the results of the background check in the same manner and to the same extent as if the individual had been the subject of a background check relating to the transfer of a firearm. . Section 534 of title 28, United States Code, is amended— in subsection (a)— in paragraph (3), by striking and at the end; in paragraph (4), by striking the period at the end and inserting ; and ; and by inserting after paragraph
(4)the following: provide a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18 with information necessary to verify whether firearms offered for sale to such licensees have been stolen. ; and in subsection (b), by inserting , except for dissemination authorized under subsection (a)(5) of this section before the period. Not later than 90 days after the date of enactment of this Act, and without regard to chapter 5 of title 5, United States Code, the Attorney General shall promulgate regulations allowing a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, to receive access to records of stolen firearms maintained by the National Crime Information Center operated by the Federal Bureau of Investigation, solely for the purpose of voluntarily verifying whether firearms offered for sale to such licensees have been stolen. Nothing in this section or the amendments made by this section shall be construed— to create a cause of action against any person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code or any other person for any civil liability; or to establish any standard of care. Notwithstanding any other provision of law, evidence regarding the use or non-use by a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code of the systems, information, or records made available under this section or the amendments made by this section shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity.
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