H.R. 2403

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2403 Introduced in House (IH)]

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118th CONGRESS
1st Session
H. R. 2403

To amend chapter 44 of title 18, United States Code, to strengthen the 
background check procedures to be followed before a Federal firearms 
licensee may transfer a firearm to a person who is not such a licensee.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 30, 2023

Mr. Clyburn (for himself, Mr. Aguilar, Mr. Auchincloss, Ms. Balint, Ms. 
Barragan, Mrs. Beatty, Mr. Bera, Mr. Beyer, Mr. Bishop of Georgia, Mr. 
Blumenauer, Ms. Blunt Rochester, Ms. Bonamici, Mr. Bowman, Mr. Boyle of 
Pennsylvania, Ms. Brown, Ms. Brownley, Ms. Budzinski, Ms. Bush, Mr. 
Carter of Louisiana, Mr. Casten, Ms. Castor of Florida, Mrs. Cherfilus-
McCormick, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. 
Cohen, Ms. Craig, Ms. Crockett, Ms. Dean of Pennsylvania, Ms. DeGette, 
Ms. DeLauro, Mr. DeSaulnier, Mrs. Dingell, Mr. Doggett, Mr. Evans, Mr. 
Foster, Ms. Lois Frankel of Florida, Mr. Frost, Mr. Garamendi, Ms. 
Garcia of Texas, Mr. Garcia of Illinois, Mr. Goldman of New York, Mr. 
Gomez, Mr. Gottheimer, Mr. Grijalva, Mrs. Hayes, Mr. Higgins of New 
York, Mr. Himes, Mr. Horsford, Mr. Hoyer, Mr. Huffman, Mr. Ivey, Mr. 
Jackson of Illinois, Ms. Jackson Lee, Ms. Jacobs, Ms. Jayapal, Mr. 
Johnson of Georgia, Ms. Kamlager-Dove, Ms. Kelly of Illinois, Mr. 
Khanna, Mr. Kildee, Mr. Kilmer, Mr. Kim of New Jersey, Mr. 
Krishnamoorthi, Ms. Kuster, Mr. Larsen of Washington, Ms. Lee of 
California, Mrs. Lee of Nevada, Ms. Leger Fernandez, Ms. Lofgren, Mr. 
Lynch, Ms. Manning, Mrs. McBath, Mrs. McClellan, Mr. Meeks, Ms. Meng, 
Mr. Mfume, Ms. Moore of Wisconsin, Mr. Morelle, Mr. Moskowitz, Mr. 
Moulton, Mr. Nadler, Mrs. Napolitano, Mr. Neguse, Mr. Norcross, Ms. 
Norton, Ms. Omar, Mr. Pallone, Mr. Pascrell, Mr. Payne, Ms. Pettersen, 
Ms. Plaskett, Mr. Pocan, Mr. Ruppersberger, Mr. Ryan, Ms. Salinas, Ms. 
Sanchez, Ms. Schakowsky, Mr. Schiff, Mr. David Scott of Georgia, Mr. 
Scott of Virginia, Ms. Sewell, Mr. Smith of Washington, Ms. Stansbury, 
Ms. Stevens, Ms. Strickland, Mr. Swalwell, Mr. Takano, Mr. Thompson of 
Mississippi, Mr. Thompson of California, Ms. Titus, Ms. Tlaib, Ms. 
Tokuda, Mr. Veasey, Ms. Wasserman Schultz, Mrs. Watson Coleman, Ms. 
Williams of Georgia, and Ms. Wilson of Florida) introduced the 
following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To amend chapter 44 of title 18, United States Code, to strengthen the 
background check procedures to be followed before a Federal firearms 
licensee may transfer a firearm to a person who is not such a licensee.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Enhanced Background Checks Act of 
2023''.

SEC. 2. STRENGTHENING OF BACKGROUND CHECK PROCEDURES TO BE FOLLOWED 
BEFORE A FEDERAL FIREARMS LICENSEE MAY TRANSFER A FIREARM 
TO A PERSON WHO IS NOT SUCH A LICENSEE.

Section 922(t) of title 18, United States Code is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking clause (ii) 
and inserting the following:
``(ii) in the event the system has not notified the 
licensee that the receipt of a firearm by such other person 
would violate subsection (g) or (n) of this section or State, 
local, or Tribal law--
``(I) not fewer than 10 business days (meaning a 
day on which State offices are open) has elapsed since 
the licensee contacted the system, and the system has 
not notified the licensee that the receipt of a firearm 
by such other person would violate subsection (g) or 
(n) of this section or State, local, or Tribal law, and 
the other person has submitted, electronically through 
a website established by the Attorney General or by 
first-class mail, a petition for review which--
``(aa) certifies that such other person has 
no reason to believe that such other person is 
prohibited by Federal, State, local, or Tribal 
law from purchasing or possessing a firearm; 
and
``(bb) requests that the system respond to 
the contact referred to in subparagraph (A) 
within 10 business days after the date the 
petition was submitted (or, if the petition is 
submitted by first-class mail, the date the 
letter containing the petition is postmarked); 
and
``(II) 10 business days have elapsed since the 
other person so submitted the petition, and the system 
has not notified the licensee that the receipt of a 
firearm by such other person would violate subsection 
(g) or (n) of this section or State, local, or Tribal 
law;''; and
(B) in subparagraph (C)--
(i) by adding ``or'' at the end of clause 
(i); and
(ii) by striking clause (ii) and all that 
follows through the 2nd comma in clause (iii) 
and inserting the following:
``(ii) the transfer could be completed 
lawfully pursuant to subparagraph (B)(ii) if 
the person had attained 21 years of age''; and
(2) by adding at the end the following:
``(7) The Attorney General shall--
``(A) prescribe the form on which a petition shall be 
submitted pursuant to paragraph (1)(B)(ii);
``(B) make the form available electronically, and provide a 
copy of the form to all licensees referred to in paragraph (1);
``(C) provide the petitioner and the licensee involved 
written notice of receipt of the petition, either 
electronically or by first-class mail; and
``(D) respond on an expedited basis to any such petition 
received by the Attorney General.
``(8)(A) If, after 3 business days have elapsed since the licensee 
initially contacted the system about a firearm transaction, the system 
notifies the licensee that the transfer to, or receipt of, a firearm by 
such other person would not violate subsection (d), (g), or (n) (as 
applicable), or State, local, or Tribal law, the licensee may continue 
to rely on that notification for the longer of--
``(i) an additional 25 calendar days after the licensee 
receives the notification; or
``(ii) 30 calendar days after the date of the initial 
contact.
``(B) If such other person has met the requirements of paragraph 
(1)(B)(ii) or (1)(C) (as applicable) before the system destroys the 
records related to the firearm transaction, the licensee may continue 
to rely on such other person having met the requirements for an 
additional 25 calendar days after the date such other person first met 
the requirements.''.

SEC. 3. CONFORMING AMENDMENT.

Section 103(l)(3) of the Brady Handgun Violence Prevention Act (34 
U.S.C. 40901) is amended by striking ``, but in no case more than 10 
business days,''.

SEC. 4. GAO REPORTS.

Within 90 days after the end of each of the 1-year, 3-year, and 5-
year periods that begin with the effective date of this Act, the 
Comptroller General of the United States shall prepare and submit to 
the Committee on the Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate a written report analyzing the 
extent to which, during the respective period, paragraphs (1)(B)(ii) 
and (7) of section 922(t) of title 18, United States Code, have 
prevented firearms from being transferred to prohibited persons, which 
report shall include but not be limited to the following--
(1) an assessment of the overall implementation of such 
subsections, including a description of the challenges faced in 
implementing such paragraphs;
(2) an aggregate description of firearm purchase delays and 
denials, with a description of denials, disaggregated by State 
and by the basis for the denial; and
(3) an aggregate analysis of the petitions submitted 
pursuant to such paragraph (1)(B)(ii).

SEC. 5. REPORTS ON PETITIONS SUPPORTING FIREARMS TRANSFERS NOT 
IMMEDIATELY APPROVED BY NICS SYSTEM, THAT WERE NOT 
RESPONDED TO IN A TIMELY MANNER.

The Director of the Federal Bureau of Investigation shall make an 
annual report to the public on the number of petitions received by the 
national instant criminal background check system established under 
section 103 of the Brady Handgun Violence Prevention Act that were 
submitted pursuant to subclause (I) of section 922(t)(1)(B)(ii) of 
title 18, United States Code, with respect to which a determination was 
not made within the 10-day period referred to in subclause (II) of such 
section 922(t)(1)(B)(ii). The report shall include the following, which 
shall be disaggregated by State:
(1) The number of petitions submitted under such section 
that were received by the national instant criminal background 
check system established under section 103 of the Brady Handgun 
Violence Prevention Act.
(2) The number of petitioners who were discovered to be 
ineligible under Federal, State, local, or Tribal law during 
that 10-day period.
(3) The number of petitioners who were discovered to be 
ineligible under Federal, State, local, or Tribal law after 
that 10-day period.
(4) The basis of the ineligibility of the petitioners 
discovered to be ineligible under Federal, State, local, or 
Tribal law during that 10-day period, and the basis of the 
ineligibility of the petitioners discovered to be ineligible 
under Federal, State, local, or Tribal law after that 10-day 
period.
(5) The number of the petitioners whose petitions were 
denied and who, within 12 months after the denial, were 
prosecuted under Federal, State, or local law for receiving or 
attempting to receive a firearm.

SEC. 6. REPORT TO THE CONGRESS.

Within 150 days after the date of the enactment of this Act, the 
Attorney General, in consultation with the National Resource Center on 
Domestic Violence and Firearms, shall submit to the Congress a report 
analyzing the effect, if any, of this Act on the safety of victims of 
domestic violence, domestic abuse, dating partner violence, sexual 
assault, and stalking, disaggregated by State, and whether any further 
amendments to the background check process, including amendments to the 
conditions that must be met under this Act for a firearm to be 
transferred when the system has not notified the licensee that such 
transfer would not violate subsection (d), (g), or (n) of section 922 
of title 18, United States Code (as applicable), or State, local, or 
Tribal law, would likely result in a reduction in the risk of death or 
great bodily harm to victims of domestic violence, domestic abuse, 
dating partner violence, sexual assault, and stalking.

SEC. 7. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take effect 210 
days after the date of the enactment of this Act.

SEC. 8. REPORT ON FIREARM TRANSFERS DENIED AS A RESULT OF A NICS CHECK.

Within 90 days after the date of the enactment of this Act, the 
Inspector General, Department of Justice, shall prepare and submit to 
the Congress a written report on the number of firearm transactions 
with respect to which the national instant criminal background check 
system established under the Brady Handgun Violence Prevention Act has 
determined that receipt of a firearm by the prospective firearm 
transferee would violate Federal, State, local, or Tribal law, and 
which have been referred to the Bureau of Alcohol, Tobacco, Firearms 
and Explosives for investigation.
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