As many of you have heard the U.S. House of Representatives passed both National Reciprocity and Fix NICS this week.
You can find the full text Here and following my commentary in it’s entirety.
National Reciprocity is something the Firearms Community has been chasing for a long time but it has been my observation that the passage has been very divisive and has put a schism in our industry where voices are drawing battle lines and are handily throwing out the titles amounting to “2A Traitors” to many including the National Rifle Association.
My honest question is why?
Why, when we are close to National Reciprocity, are we drawing battle lines over Fix NICS inclusion and the Bump Stock Study? What is there to gain through the legal opposition of this Bill?
That’s why the text is below. I don’t want hearsay. I want an understanding, if any is to be had, of the legal weaknesses in Fix NICS or the Study prescribed by this Bill based on the text.
Because I can’t find any of the following, all of which have been shouted across the internet as reasons to appose:
- A change or addition in the definition of “Prohibited Persons”. Fix NICS has been challenged as violating the 2nd Amendment for potentially thousands to millions depending on where you read or watch.
- Defacto Bans Bump Stocks.
- National Gun Confiscation
- National Gun Registry
- The Four Horsemen of the Gunpacolypse
Okay with the tongue in cheek aside let me address the bullet points.
I can find no change in the definition of persons prohibited under the law. I can find a great deal of money being spent to increase reporting compliance and records keeping which many states, municipalities, and federal organizations (Air Force for example) are woefully behind on which results in firearms transfers that are illegal but the records didn’t match in everyone’s books. I’ll keep looking but unless I can find definition changes this seems like sensationalism.
Opposition arguments seem to coalesce around the NICS false positive rate and that adding more names to the database will proportionally increase those false positives and deny purchasers their firearms in error. I’ve seen this happen and it sucks. Fixing a false positive is also a nightmare. But none of the arguments seem to address the position that a better funded, more accountable, and more accurate NICS database (since legally we’re saddled with it) could produce fewer false positives despite the larger database.
Both positions are speculative at this point but the reality seems to be that per current law H.R. 38 would only add names that records show are supposed to be there already. Whether or not those records are accurate is another discussion, an important one but not in accordance with this question or position.
In my personal opinion NICS is as unconstitutional as the NFA but both are law. That’s the state of world today.
On Bump Stocks. I find no language promoting a ban, only commissioning a study on their use in crime. That data is useful and I agree with its analytical collection. Arguably Gun Control proponents will use the data towards a ban but equally true is that the data can be used in the device’s defense when combined with already appreciable data from around the industry.
On Gun Confiscation. We as an industry make a continual push to remind others that current law is not enforced in many many cases and that efforts should be made to increase our enforcement of those laws. The language contained indicates legal notification and any firearm recovery efforts would be initiated in the event a firearm was transferred and then the individual received a denial in NICS after Brady Transfer date. If the denial is valid or not falls under the same set of discussions we must have about false positives and prohibited persons.
As we know NICS is a far cry from the armed felon shield it is presented as by its proponents but we all certainly have a stake in its greatest accuracy and effectiveness as long as it remains in place.
Registry is nowhere in the language and mention seems to be most often a cookie cutter rhetorical point.
I like most of you will keep a close eye on this moving forward as there are still rapid opponents of National Reciprocity who would love to sabotage the benefits of this Bill. But as of the House Passing it it seems to be a net gain.
115th CONGRESS
1st Session
H. R. 38
_______________________________________________________________________
AN ACT
To amend title 18, United States Code, to provide a means by which
nonresidents of a State whose residents may carry concealed firearms
may also do so in the State.
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 ``Concealed Carry Reciprocity Act of
2017''.
TITLE I--CONCEALED CARRY RECIPROCITY ACT OF 2017
SEC. 101. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 926C the following:
``Sec. 926D. Reciprocity for the carrying of certain concealed firearms
``(a) Notwithstanding any provision of the law of any State or
political subdivision thereof (except as provided in subsection (b))
and subject only to the requirements of this section, a person who is
not prohibited by Federal law from possessing, transporting, shipping,
or receiving a firearm, who is carrying a valid identification document
containing a photograph of the person, and who is carrying a valid
license or permit which is issued pursuant to the law of a State and
which permits the person to carry a concealed firearm or is entitled to
carry a concealed firearm in the State in which the person resides, may
possess or carry a concealed handgun (other than a machinegun or
destructive device) that has been shipped or transported in interstate
or foreign commerce, in any State that--
``(1) has a statute under which residents of the State may
apply for a license or permit to carry a concealed firearm; or
``(2) does not prohibit the carrying of concealed firearms
by residents of the State for lawful purposes.
``(b) This section shall not be construed to supersede or limit the
laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property; or
``(2) prohibit or restrict the possession of firearms on
any State or local government property, installation, building,
base, or park.
``(c)(1) A person who carries or possesses a concealed handgun in
accordance with subsections (a) and (b) may not be arrested or
otherwise detained for violation of any law or any rule or regulation
of a State or any political subdivision thereof related to the
possession, transportation, or carrying of firearms unless there is
probable cause to believe that the person is doing so in a manner not
provided for by this section. Presentation of facially valid documents
as specified in subsection (a) is prima facie evidence that the
individual has a license or permit as required by this section.
``(2) When a person asserts this section as a defense in a criminal
proceeding, the prosecution shall bear the burden of proving, beyond a
reasonable doubt, that the conduct of the person did not satisfy the
conditions set forth in subsections (a) and (b).
``(3) When a person successfully asserts this section as a defense
in a criminal proceeding, the court shall award the prevailing
defendant a reasonable attorney's fee.
``(d)(1) A person who is deprived of any right, privilege, or
immunity secured by this section, under color of any statute,
ordinance, regulation, custom, or usage of any State or any political
subdivision thereof, may bring an action in any appropriate court
against any other person, including a State or political subdivision
thereof, who causes the person to be subject to the deprivation, for
damages or other appropriate relief.
``(2) The court shall award a plaintiff prevailing in an action
brought under paragraph (1) damages and such other relief as the court
deems appropriate, including a reasonable attorney's fee.
``(e) In subsection (a):
``(1) The term `identification document' means a document
made or issued by or under the authority of the United States
Government, a State, or a political subdivision of a State
which, when completed with information concerning a particular
individual, is of a type intended or commonly accepted for the
purpose of identification of individuals.
``(2) The term `handgun' includes any magazine for use in a
handgun and any ammunition loaded into the handgun or its
magazine.
``(f)(1) A person who possesses or carries a concealed handgun
under subsection (a) shall not be subject to the prohibitions of
section 922(q) with respect to that handgun.
``(2) A person possessing or carrying a concealed handgun in a
State under subsection (a) may do so in any of the following areas in
the State that are open to the public:
``(A) A unit of the National Park System.
``(B) A unit of the National Wildlife Refuge System.
``(C) Public land under the jurisdiction of the Bureau of
Land Management.
``(D) Land administered and managed by the Army Corps of
Engineers.
``(E) Land administered and managed by the Bureau of
Reclamation.
``(F) Land administered and managed by the Forest
Service.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 926C the
following:
``926D. Reciprocity for the carrying of certain concealed firearms.''.
(c) Severability.--Notwithstanding any other provision of this
title, if any provision of this section, or any amendment made by this
section, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, this section and
amendments made by this section and the application of such provision
or amendment to other persons or circumstances shall not be affected
thereby.
(d) Effective Date.--The amendments made by this section shall take
effect 90 days after the date of the enactment of this Act.
SEC. 102. RULE OF CONSTRUCTION.
Nothing in this title prohibits a law enforcement officer with
reasonable suspicion of a violation of any law from conducting a brief
investigative stop in accordance with the Constitution of the United
States.
SEC. 103. CERTAIN OFF-DUTY LAW ENFORCEMENT OFFICERS AND RETIRED LAW
ENFORCEMENT OFFICERS ALLOWED TO CARRY A CONCEALED
FIREARM, AND DISCHARGE A FIREARM, IN A SCHOOL ZONE.
Section 922(q) of title 18, United States Code, is amended--
(1) in paragraph (2)(B)--
(A) by striking ``or'' at the end of clause (vi);
and
(B) by redesignating clause (vii) as clause (ix)
and inserting after clause (vi) the following:
``(vii) by an off-duty law enforcement officer who is a
qualified law enforcement officer (as defined in section 926B)
and is authorized under such section to carry a concealed
firearm, if the firearm is concealed;
``(viii) by a qualified retired law enforcement officer (as
defined in section 926C) who is authorized under such section
to carry a concealed firearm, if the firearm is concealed;
or''; and
(2) in paragraph (3)(B)--
(A) by striking ``or'' at the end of clause (iii);
(B) by striking the period at the end of clause
(iv) and inserting a semicolon; and
(C) by adding at the end the following:
``(v) by an off-duty law enforcement officer who is a
qualified law enforcement officer (as defined in section 926B)
and is authorized under such section to carry a concealed
firearm; or
``(vi) by a qualified retired law enforcement officer (as
defined in section 926C) who is authorized under such section
to carry a concealed firearm.''.
SEC. 104. INTERSTATE CARRYING OF FIREARMS BY FEDERAL JUDGES.
(a) In General.--Chapter 44 of title 18, United States Code, as
amended by section 101(a) of this Act, is amended by inserting after
section 926D the following:
``Sec. 926E. Interstate carrying of firearms by Federal judges
``Notwithstanding any provision of the law of any State or
political subdivision thereof, a Federal judge may carry a concealed
firearm in any State if such judge is not prohibited by Federal law
from receiving a firearm.''.
(b) Clerical Amendment.--The table of sections for such chapter, as
amended by section 101(b) of this Act, is amended by inserting after
the item relating to section 926D the following:
``926E. Interstate carrying of firearms by Federal judges.''.
TITLE II--FIX NICS ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Fix NICS Act of 2017''.
SEC. 202. ACCOUNTABILITY FOR FEDERAL DEPARTMENTS AND AGENCIES.
Section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C.
40901) is amended--
(1) in subsection (e)(1), by adding at the end the
following:
``(F) Semiannual certification and reporting.--
``(i) In general.--The head of each Federal
department or agency shall submit a semiannual
written certification to the Attorney General
indicating whether the department or agency is
in compliance with the record submission
requirements under subparagraph (C).
``(ii) Submission dates.--The head of a
Federal department or agency shall submit a
certification to the Attorney General under
clause (i)--
``(I) not later than July 31 of
each year, which shall address all
relevant records, including those that
have not been transmitted to the
Attorney General, in possession of the
department or agency during the period
beginning on January 1 of the year and
ending on June 30 of the year; and
``(II) not later than January 31 of
each year, which shall address all
relevant records, including those that
have not been transmitted to the
Attorney General, in possession of the
department or agency during the period
beginning on July 1 of the previous
year and ending on December 31 of the
previous year.
``(iii) Contents.--A certification required
under clause (i) shall state, for the
applicable period--
``(I) the total number of records
of the Federal department or agency
demonstrating that a person falls
within one of the categories described
in subsection (g) or (n) of section 922
of title 18, United States Code;
``(II) for each category of records
described in subclause (I), the total
number of records of the Federal
department or agency that have been
provided to the Attorney General; and
``(III) the efforts of the Federal
department or agency to ensure complete
and accurate reporting of relevant
records, including efforts to monitor
compliance and correct any reporting
failures or inaccuracies.
``(G) Implementation plan.--
``(i) In general.--Not later than 1 year
after the date of enactment of this
subparagraph, the head of each Federal
department or agency, in coordination with the
Attorney General, shall establish a plan to
ensure maximum coordination and automated
reporting or making available of records to the
Attorney General as required under subparagraph
(C), and the verification of the accuracy of
those records, including the pre-validation of
those records, where appropriate, during a 4-
year period specified in the plan. The head of
each Federal department or agency shall update
the plan biennially, to the extent necessary,
based on the most recent biennial assessment
under subparagraph (K). The records shall be
limited to those of an individual described in
subsection (g) or (n) of section 922 of title
18, United States Code.
``(ii) Benchmark requirements.--Each plan
established under clause (i) shall include
annual benchmarks to enable the Attorney
General to assess implementation of the plan,
including--
``(I) qualitative goals and
quantitative measures;
``(II) measures to monitor internal
compliance, including any reporting
failures and inaccuracies;
``(III) a needs assessment,
including estimated compliance costs;
and
``(IV) an estimated date by which
the Federal department or agency will
fully comply with record submission
requirements under subparagraph (C).
``(iii) Compliance determination.--Not
later than the end of each fiscal year
beginning after the date of the establishment
of a plan under clause (i), the Attorney
General shall determine whether the applicable
Federal department or agency has achieved
substantial compliance with the benchmarks
included in the plan.
``(H) Accountability.--The Attorney General shall
publish, including on the website of the Department of
Justice, and 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
semiannual report that discloses--
``(i) the name of each Federal department
or agency that has failed to submit a required
certification under subparagraph (F);
``(ii) the name of each Federal department
or agency that has submitted a required
certification under subparagraph (F), but
failed to certify compliance with the record
submission requirements under subparagraph (C);
``(iii) the name of each Federal department
or agency that has failed to submit an
implementation plan under subparagraph (G);
``(iv) the name of each Federal department
or agency that is not in substantial compliance
with an implementation plan under subparagraph
(G);
``(v) a detailed summary of the data,
broken down by department or agency, contained
in the certifications submitted under
subparagraph (F);
``(vi) a detailed summary of the contents
and status, broken down by department or
agency, of the implementation plans established
under subparagraph (G); and
``(vii) the reasons for which the Attorney
General has determined that a Federal
department or agency is not in substantial
compliance with an implementation plan
established under subparagraph (G).
``(I) Noncompliance penalties.--For each of fiscal
years 2019 through 2022, each political appointee of a
Federal department or agency that has failed to certify
compliance with the record submission requirements
under subparagraph (C), and is not in substantial
compliance with an implementation plan established
under subparagraph (G), shall not be eligible for the
receipt of bonus pay, excluding overtime pay, until the
department or agency--
``(i) certifies compliance with the record
submission requirements under subparagraph (C);
or
``(ii) achieves substantial compliance with
an implementation plan established under
subparagraph (G).
``(J) Technical assistance.--The Attorney General
may use funds made available for the national instant
criminal background check system established under
subsection (b) to provide technical assistance to a
Federal department or agency, at the request of the
department or agency, in order to help the department
or agency comply with the record submission
requirements under subparagraph (C).
``(K) Biennial assessment.--Every 2 years, the
Attorney General shall assess the extent to which the
actions taken under the title II of the Concealed Carry
Reciprocity Act of 2017 have resulted in improvements
in the system established under this section.
``(L) Application to federal courts.--For purposes
of this paragraph--
``(i) the terms `department or agency of
the United States' and `Federal department or
agency' include a Federal court; and
``(ii) the Director of the Administrative
Office of the United States Courts shall
perform, for a Federal court, the functions
assigned to the head of a department or
agency.''; and
(2) in subsection (g), by adding at the end the following:
``For purposes of the preceding sentence, not later than 60
days after the date on which the Attorney General receives such
information, the Attorney General shall determine whether or
not the prospective transferee is the subject of an erroneous
record and remove any records that are determined to be
erroneous. In addition to any funds made available under
subsection (k), the Attorney General may use such sums as are
necessary and otherwise available for the salaries and expenses
of the Federal Bureau of Investigation to comply with this
subsection.''.
SEC. 203. NICS ACT RECORD IMPROVEMENT PROGRAM.
(a) Requirements To Obtain Waiver.--Section 102 of the NICS
Improvement Amendments Act of 2007(34 U.S.C. 40912) is amended--
(1) in subsection (a), in the first sentence--
(A) by striking ``the Crime Identification
Technology Act of 1988 (42 U.S.C. 14601)'' and
inserting ``section 102 of the Crime Identification
Technology Act of 1998 (34 U.S.C. 40301)''; and
(B) by inserting ``is in compliance with an
implementation plan established under subsection (b)
or'' before ``provides at least 90 percent of the
information described in subsection (c)''; and
(2) in subsection (b)(1)(B), by inserting ``or has
established an implementation plan under section 107'' after
``the Attorney General''.
(b) Implementation Assistance to States.--Section 103 of the NICS
Improvement Amendments Act of 2007 (34 U.S.C. 40913) is amended--
(1) in subsection (b)(3), by inserting before the semicolon
at the end the following: ``, including through increased
efforts to pre-validate the contents of those records to
expedite eligibility determinations'';
(2) in subsection (e), by striking paragraph (2) and
inserting the following:
``(2) Domestic abuse and violence prevention initiative.--
``(A) Establishment.--For each of fiscal years 2018
through 2022, the Attorney General shall create a
priority area under the NICS Act Record Improvement
Program (commonly known as `NARIP') for a Domestic
Abuse and Violence Prevention Initiative that
emphasizes the need for grantees to identify and upload
all felony conviction records and domestic violence
records.
``(B) Funding.--The Attorney General--
``(i) may use not more than 50 percent of
the amounts made available under section 207 of
the Concealed Carry Reciprocity Act of 2017 for
each of fiscal years 2018 through 2022 to carry
out the initiative described in subparagraph
(A); and
``(ii) shall give a funding preference
under NARIP to States that--
``(I) have established an
implementation plan under section 107;
and
``(II) will use amounts made
available under this subparagraph to
improve efforts to identify and upload
all felony conviction records and
domestic violence records described in
clauses (i), (v), and (vi) of section
102(b)(1)(C) by not later than
September 30, 2022.''; and
(3) by adding at the end the following:
``(g) Technical Assistance.--The Attorney General shall direct the
Office of Justice Programs, the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, and the Federal Bureau of Investigation to--
``(1) assist States that are not currently eligible for
grants under this section to achieve compliance with all
eligibility requirements; and
``(2) provide technical assistance and training services to
grantees under this section.''.
SEC. 204. NATIONAL CRIMINAL HISTORY IMPROVEMENT PROGRAM.
(a) State Grant Program for Criminal Justice Identification,
Information, and Communication.--Section 102 of the Crime
Identification Technology Act of 1998 (34 U.S.C. 40301) is amended--
(1) in subsection (a)(3)--
(A) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (D), (E), and (F), respectively;
and
(B) by inserting after subparagraph (B) the
following:
``(C) identification of all individuals who have
been convicted of a crime punishable by imprisonment
for a term exceeding 1 year'';
(2) in subsection (b)(6)--
(A) by striking ``(18 U.S.C. 922 note)'' and
inserting ``(34 U.S.C. 40901(b))''; and
(B) by inserting before the semicolon at the end
the following: ``, including through increased efforts
to pre-validate the contents of felony conviction
records and domestic violence records to expedite
eligibility determinations, and measures and resources
necessary to establish and achieve compliance with an
implementation plan under section 107 of the NICS
Improvement Amendments Act of 2007''; and
(3) in subsection (d), by inserting after ``unless'' the
following: ``the State has achieved compliance with an
implementation plan under section 107 of the NICS Improvement
Amendments Act of 2007 or''.
(b) Grants for the Improvement of Criminal Records.--Section
106(b)(1) of the Brady Handgun Violence Prevention Act (34 U.S.C.
40302(1)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``as of the date of enactment of
this Act'' and inserting ``, as of the date of
enactment of the Concealed Carry Reciprocity Act of
2017,''; and
(B) by striking ``files,'' and inserting the
following: ``files and that will utilize funding under
this subsection to prioritize the identification and
transmittal of felony conviction records and domestic
violence records,'';
(2) in subparagraph (B), by striking ``and'' at the end;
(3) in subparagraph (C)--
(A) by striking ``upon establishment of the
national system,''; and
(B) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following--
``(D) to establish and achieve compliance with an
implementation plan under section 107 of the NICS
Improvement Amendments Act of 2007.''.
SEC. 205. IMPROVING INFORMATION SHARING WITH THE STATES.
(a) In General.--Title I of the NICS Improvement Amendments Act of
2007 (34 U.S. 40911 et seq.) is amended by adding at the end the
following:
``SEC. 107. IMPLEMENTATION PLAN.
``(a) In General.--Not later than 1 year after the date of
enactment of the Concealed Carry Reciprocity Act of 2017, the Attorney
General, in coordination with the States and Indian tribal governments,
shall establish, for each State or Indian tribal government, a plan to
ensure maximum coordination and automation of the reporting or making
available of appropriate records to the National Instant Criminal
Background Check System established under section 103 of the Brady
Handgun Violence Prevention Act (34 U.S.C. 40901) and the verification
of the accuracy of those records during a 4-year period specified in
the plan, and shall update the plan biennially, to the extent
necessary, based on the most recent biennial assessment under
subsection (f). The records shall be limited to those of an individual
described in subsection (g) or (n) of section 922 of title 18, United
States Code.
``(b) Benchmark Requirements.--Each plan established under this
section shall include annual benchmarks to enable the Attorney General
to assess the implementation of the plan, including--
``(1) qualitative goals and quantitative measures; and
``(2) a needs assessment, including estimated compliance
costs.
``(c) Compliance Determination.--Not later than the end of each
fiscal year beginning after the date of the establishment of an
implementation plan under this section, the Attorney General shall
determine whether each State or Indian tribal government has achieved
substantial compliance with the benchmarks included in the plan.
``(d) Accountability.--The Attorney General--
``(1) shall disclose and publish, including on the website
of the Department of Justice--
``(A) the name of each State or Indian tribal
government that received a determination of failure to
achieve substantial compliance with an implementation
plan under subsection (c) for the preceding fiscal
year; and
``(B) a description of the reasons for which the
Attorney General has determined that the State or
Indian tribal government is not in substantial
compliance with the implementation plan, including, to
the greatest extent possible, a description of the
types and amounts of records that have not been
submitted; and
``(2) if a State or Indian tribal government described in
paragraph (1) subsequently receives a determination of
substantial compliance, shall--
``(A) immediately correct the applicable record;
and
``(B) not later than 3 days after the
determination, remove the record from the website of
the Department of Justice and any other location where
the record was published.
``(e) Incentives.--For each of fiscal years 2018 through 2022, the
Attorney General shall give affirmative preference to all Bureau of
Justice Assistance discretionary grant applications of a State or
Indian tribal government that received a determination of substantial
compliance under subsection (c) for the fiscal year in which the grant
was solicited.
``(f) Biennial Assessment.--Every 2 years, the Attorney General
shall assess the extent to which the actions taken under title II of
the Concealed Carry Reciprocity Act of 2017 have resulted in
improvements in the National Instant Criminal Background Check System
established under section 103 of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40903).
``SEC. 108. NOTIFICATION TO LAW ENFORCEMENT AGENCIES OF PROHIBITED
PURCHASE OF A FIREARM.
``(a) In General.--In the case of a background check conducted by
the National Instant Criminal Background Check System pursuant to the
request of a licensed importer, licensed manufacturer, or licensed
dealer of firearms (as such terms are defined in section 921 of title
18, United States Code), which background check determines that the
receipt of a firearm by a person would violate subsection (g) or (n) of
section 922 of title 18, United States Code, and such determination is
made after 3 business days have elapsed since the licensee contacted
the System and a firearm has been transferred to that person, the
System shall notify the law enforcement agencies described in
subsection (b).
``(b) Law Enforcement Agencies Described.--The law enforcement
agencies described in this subsection are the law enforcement agencies
that have jurisdiction over the location from which the licensee
contacted the system and the law enforcement agencies that have
jurisdiction over the location of the residence of the person for which
the background check was conducted, as follows:
``(1) The field office of the Federal Bureau of
Investigation.
``(2) The local law enforcement agency.
``(3) The State law enforcement agency.''.
(b) Table of Contents.--The table of contents in section 1(b) of
the NICS Improvement Amendments Act of 2007 (Public Law 110-180; 121
Stat. 2559) is amended by inserting after the item relating to section
106 the following:
``Sec. 107. Implementation plan.
``Sec. 108. Notification to law enforcement agencies of prohibited
purchase of a firearm.''.
SEC. 206. ATTORNEY GENERAL REPORT ON USE OF BUMP STOCKS IN CRIME.
(a) In General.--Using amounts made available for research,
evaluation, or statistical purposes, within 180 days after the date of
the enactment of this Act, the Attorney General 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 that--
(1) specifies the number of instances in which a bump stock
has been used in the commission of a crime in the United
States;
(2) specifies the types of firearms with which a bump stock
has been so used; and
(3) contains the opinion of the Attorney General as to
whether subparagraphs (B)(i) and (C)(i) of section 924(c)(1) of
title 18, United States Code, apply to all instances in which a
bump stock has been used in the commission of a crime of
violence in the United States.
(b) Definition of Bump Stock.--In this section, the term ``bump
stock'' means a device that--
(1) attaches to a semiautomatic rifle (as defined in
section 921(a)(28) of title 18, United States Code);
(2) is designed and intended to repeatedly activate the
trigger without the deliberate and volitional act of the user
pulling the trigger each time the firearm is fired; and
(3) functions by continuous forward pressure applied to the
rifle's fore end in conjunction with a linear forward and
backward sliding motion of the mechanism utilizing the recoil
energy when the rifle is discharged.
SEC. 207. AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated
$100,000,000 for each of fiscal years 2018 through 2022 to carry out,
in accordance with the NICS Act Record Improvement Program and the
National Criminal History Improvement Program, the activities under--
(1) section 102 of the NICS Improvement Amendments Act of
2007;
(2) section 103 of the NICS Improvement Amendments Act of
2007;
(3) section 102 of the Crime Identification Technology Act
of 1998; and
(4) section 106(b) of the Brady Handgun Violence Prevention
Act.
(b) Additional Authorizations.--Section 1001(a) of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)) is
amended--
(1) in paragraph (1)--
(A) by striking ``$33,000,000'' and inserting
``$31,000,000'';
(B) by striking ``1994 and 1995'' and inserting
``2018 through 2022''; and
(C) by inserting ``, in addition to any amounts
otherwise made available for research, evaluation or
statistical purposes in a fiscal year'' before the
period; and
(2) in paragraph (2)--
(A) by striking ``$33,000,000'' and inserting
``$27,000,000'';
(B) by striking ``1994 and 1995'' and inserting
``2018 through 2022''; and
(C) by inserting ``, in addition to any amounts
otherwise made available for research, evaluation or
statistical purposes in a fiscal year'' before the
period.
Passed the House of Representatives December 6, 2017.
Attest:
Clerk.
115th CONGRESS
1st Session
H. R. 38
_______________________________________________________________________
AN ACT
To amend title 18, United States Code, to provide a means by which
nonresidents of a State whose residents may carry concealed firearms
may also do so in the State.
