Sec. 12001. Juvenile records
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/bill/117/s/2938/eas/section-12001A 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— in subsection (d)— in the matter preceding paragraph (1), by inserting , including as a juvenile after such person ; and in paragraph (4), by inserting at 16 years of age or older after institution ; and in subsection (t)— in paragraph (1)— in subparagraph (B)(ii)— by inserting subject to subparagraph (C), before 3 business days ; and by striking and at the end; by redesignating subparagraph
(C)as subparagraph (D); and by inserting after subparagraph
(B)the following: in the case of a person less than 21 years of age, in addition to all other requirements of this chapter— the system provides the licensee with a unique identification number; 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that cause exists to further investigate a possibly disqualifying juvenile record under subsection (d); or in the case of such a person with respect to whom the system notifies the licensee in accordance with clause
(ii)that cause exists to further investigate a possibly disqualifying juvenile record under subsection (d), 10 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that— transferring the firearm to the other person would violate subsection
(d)of this section; or receipt of a firearm by the other person would violate subsection
(g)or
(n)of this section, or State, local, or Tribal law; and ; in paragraph (2)— by inserting transfer or before receipt ; and by striking
(g)or
(n)and inserting (d), (g), or
(n)(as applicable) ; in paragraph (4)— by inserting transfer of a firearm to or before receipt ; and by striking
(g)or
(n)and inserting (d), (g), or
(n)(as applicable) ; and in paragraph (5)— by inserting transfer of a firearm to or before receipt ; and by striking
(g)or
(n)and inserting (d), (g), or
(n)(as applicable) . Section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ) is amended by adding at the end the following: If a licensee contacts the system established under this section regarding a proposed transfer of a firearm to a person less than 21 years of age in accordance with subsection
(t)of section 922 of title 18, United States Code, the system shall— immediately contact— the criminal history repository or juvenile justice information system, as appropriate, of the State in which the person resides for the purpose of determining whether the person has a possibly disqualifying juvenile record under subsection
(d)of such section 922; the appropriate State custodian of mental health adjudication records in the State in which the person resides to determine whether the person has a possibly disqualifying juvenile record under subsection
(d)of such section 922; and a local law enforcement agency of the jurisdiction in which the person resides for the purpose of determining whether the person has a possibly disqualifying juvenile record under subsection
(d)of such section 922; as soon as possible, but in no case more than 3 business days, after the licensee contacts the system, notify the licensee whether cause exists to further investigate a possibly disqualifying juvenile record under subsection
(d)of such section 922; and if there is cause for further investigation, as soon as possible, but in no case more than 10 business days, after the licensee contacts the system, notify the licensee whether— transfer of a firearm to the person would violate subsection
(d)of such section 922; or receipt of a firearm by the person would violate subsection
(g)or
(n)of such section 922, or State, local, or Tribal law. . Effective on September 30, 2032, paragraphs (1)(B) and
(2)are repealed, and the provisions of law amended by those paragraphs are restored as if those paragraphs had not been enacted. On an annual basis for each fiscal year through fiscal year 2032, each State and Federal agency responsible for the submission of disqualifying records under subsection (d), (g), or
(n)of section 922 of title 18, United States Code, to the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ) shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives a report detailing the removal from the system of records that no longer prohibit an individual from lawfully acquiring or possessing a firearm under such subsection (d), (g), or (n). Each report submitted by a State or Federal agency under paragraph
(1)shall include pertinent information on— the number of records that the State or Federal agency removed from the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ) during the reporting period; why the records were removed; and for each record removed, the nature of the disqualifying characteristic outlined in subsection (d), (g), or
(n)of section 922 of title 18, United States Code, that caused the State or Federal agency to originally submit the record to the system.
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Sec. 12001
Juvenile records
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