Sec. 201. Universal background checks
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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 (1)— by redesignating subparagraphs
(A)through
(D)as subparagraphs
(B)through (E), respectively; by inserting before subparagraph (B), as so redesignated, the following: beginning on the date on which the database is established under section 935(g), before completion of the transfer, the licensee verifies, using the database, that the purchaser has a valid— Federal firearm owner's license issued under section 935; or qualifying State firearm license, as described in section 935(d)(2), for the State in which the transfer will occur; ; and in subparagraph (C)(ii), as so redesignated, by striking subparagraph
(C)and inserting subparagraph
(D); in paragraph (3)— by striking subparagraph (A); by redesignating subparagraphs
(B)and
(C)as subparagraphs
(A)and (B), respectively; and in subparagraph (B)(ii), as so redesignated, 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: Beginning on the date that is 180 days after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2023 , 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 a firearm under subparagraph (A), a 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. If a transfer of a firearm described in subparagraph
(A)will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter. Paragraph
(1)shall not apply to— a 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 that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, including step-parents and their step-children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren, 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 Federal, State, Tribal, or local law; has committed domestic violence (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 )) or by the jurisdiction in which the transfer is occurring or in which the transferee resides); or is subject to a protection order (as defined in section 2266); 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, great bodily harm (including such harm to self, family, household members, or others), domestic violence, dating partner violence, sexual assault, stalking, or domestic abuse, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death, great bodily harm, domestic violence, dating partner violence, sexual assault, stalking, or domestic abuse; a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or 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 Federal, State, Tribal, or local law; has committed domestic violence (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 )) or by the jurisdiction in which the transfer is occurring or in which the transferee resides); or is subject to a protection order (as defined in section 2266); 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 for the purpose of target shooting; while reasonably necessary for the purposes of hunting, trapping, pest control on a farm or ranch, or fishing, if the transferor— has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, pest control on a farm or ranch, or fishing; or in the presence of the transferor. . 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 925B of title 18, United States Code, is amended by striking section 922(t) each place the term appears and inserting section 922(s) . Section 103(l) of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901(l) ) is amended, in the matter preceding paragraph (1), by striking subsection
(t)and inserting subsection
(s).
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