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Code · BILL · 116th Congress · H.R. 8352 (Introduced in House) — To advance black families in the 21st Century. · Sec. 15737

Sec. 15737. Firearms transfers

559 words·~3 min read·/bill/116/hr/8352/ih/section-15737

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 922 of title 18, United States Code, is amended— by striking subsection
(s)and redesignating subsection
(t)as subsection (s); in subsection (s), as so 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 so redesignated, the following: It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, 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 inventory of the licensee to the unlicensed transferee. Paragraph
(1)shall not apply to— a transfer of a firearm by or to any law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; a transfer between spouses, between domestic partners, between parents and their children, between siblings, or between grandparents and their grandchildren; a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; a temporary transfer that is necessary to prevent imminent death or great bodily harm, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm; a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; and a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee’s possession of the firearm is exclusively— at a shooting range or in a shooting gallery or other area designated and built for the purpose of target shooting; while hunting, trapping, or fishing, if the hunting, trapping, or fishing is legal in all places where the transferee possesses the firearm and the transferee holds all licenses or permits required for such hunting, trapping, or fishing; or while in the presence of the transferor. Nothing in this section shall be construed to preempt any State criminal statutory or case law related to self-defense, heat of passion, or any other justifying or mitigation action in a crime or potential crime involving a firearm. . 922 Section 922(y)(2) of such title 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) . 925A Section 925A of such title is amended in the matter preceding paragraph (1), by striking subsection
(s)or
(t)of section 922 and inserting section 922(s) . The amendment made by subsection (a)(4) shall take effect 180 days after the date of the enactment of this Act.
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