[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4612 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4612
To ensure that the background check system used for firearms purchases
denies a firearm to a person prohibited from possessing a firearm by a
lawful court order governing the pretrial release of the person.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 20, 2024
Mr. Booker (for himself, Mr. Blumenthal, and Mr. Durbin) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To ensure that the background check system used for firearms purchases
denies a firearm to a person prohibited from possessing a firearm by a
lawful court order governing the pretrial release of the person.
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 ``Preventing Pretrial Gun Purchases
Act''.
SEC. 2. AMENDMENTS TO THE GUN CONTROL ACT OF 1968.
(a) Section 921.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(38) The term `pretrial release order' means an order of
a Federal, State, tribal, or local court that governs the
release of an arrested person pending the trial of the person
for a crime.''.
(b) Section 922.--Section 922 of title 18, United States Code, is
amended--
(1) in subsection (d)--
(A) in paragraph (10), by striking ``or'' at the
end;
(B) in paragraph (11), by striking the period and
inserting ``; or''; and
(C) by inserting after paragraph (11) the
following:
``(12) is subject to a pretrial release order that
prohibits the person from purchasing, possessing, or receiving
firearms.''; and
(2) in subsection (t)--
(A) in paragraph (1)(B)(ii), by striking ``receipt
of a firearm'' and all that follows through ``section''
and inserting ``knowing sale or disposition of a
firearm by the licensee to such other person or the
receipt of a firearm by such other person would violate
subsection (d), (g), or (n) of this section'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``receipt'' and all that
follows through ``(n)'' and inserting ``the knowing
sale or disposition of a firearm to the person or the
receipt of a firearm by the person would not violate
subsection (d), (g), or (n)'';
(C) in paragraph (3)(A)(ii), by striking ``that
possession'' and inserting ``that knowing sale or
disposition of a firearm by a licensee to such other
person or possession'';
(D) in paragraph (4)--
(i) by striking ``receipt'' and all that
follows through ``(n)'' and inserting ``knowing
sale or disposition of a firearm by a licensee
to such other person or the receipt of a
firearm by such other person would violate
subsection (d), (g), or (n)''; and
(ii) by inserting a comma after ``State'';
and
(E) in paragraph (5)--
(i) by striking ``receipt'' and all that
follows through ``(n)'' and inserting ``knowing
sale or disposition of a firearm by a licensee
to such other person or receipt of a firearm by
such other person would violate subsection (d),
(g), or (n)''; and
(ii) by inserting a comma after ``State''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Section 923.--Section 923(d)(1)(B) of title 18, United States
Code, is amended by striking ``under section 922(g) and (n) of this
chapter'' and inserting ``by subsection (g) or (n) of section 922 and
is not a person to whom the knowing sale or disposition of any firearm
or ammunition is prohibited by section 922(d)''.
(b) Section 925A.--Section 925A(2) of title 18, United States Code,
is amended by inserting ``and to whom the knowing sale or disposition
of a firearm was not prohibited by subsection (d) of that section or
State law'' before the comma.
(c) Brady Handgun Violence Prevention Act.--Section 103 of the
Brady Handgun Violence Prevention Act (34 U.S.C. 40901) is amended--
(1) in subsection (e)(1)--
(A) in subparagraph (A), by striking ``for whom
receipt'' and all that follows through ``(g)'' and
inserting ``to whom the knowing sale or disposition of
or for whom receipt of a firearm would violate
subsection (d), (g),'';
(B) in subparagraph (C), by striking ``(g)'' and
inserting ``(d), (g),'';
(C) in subparagraph (F)(iii)(I), by striking ``(g)
or (n)'' and inserting ``(d), (g), or (n)''; and
(D) in subparagraph (G)(i), by striking ``(g) or
(n)'' and inserting ``(d), (g), or (n)'';
(2) in subsection (g), by striking ``receipt of a firearm
by a prospective transferee would violate subsection (g) or
(n)'' and inserting ``the knowing sale or disposition of a
firearm to or receipt of a firearm by a prospective transferee
would violate subsection (d), (g), or (n)''; and
(3) in subsection (i)(2), by striking all that follows
after ``respect to persons'' and inserting ``to whom the
knowing sale or disposition of, or for whom receipt of, a
firearm is prohibited by subsection (d), (g), or (n) of section
922 of title 18, United States Code, or State law.''.
(d) NICS Improvement Amendments Act of 2007.--Title I of the NICS
Improvement Amendments Act of 2007 (34 U.S.C. 40911 et seq.) is
amended--
(1) in section 101(b) (34 U.S.C. 40911(b))--
(A) in paragraph (1)(A), by striking ``a person is
disqualified from possessing or receiving a firearm
under subsection (g)'' and inserting ``the knowing sale
or disposition of a firearm to a person or receipt of a
firearm by a person is prohibited by subsection (d),
(g),''; and
(B) in paragraph (2)(A)--
(i) by striking ``after the'' and inserting
``after a court martial imposes a pretrial
release order or the''; and
(ii) by striking ``a member of the Armed
Forces involved in such proceeding is
disqualified from possessing or receiving a
firearm under subsection (g) or (n)'' and
inserting ``the knowing sale or disposition of
a firearm to or receipt of a firearm by a
member of the Armed Forces is prohibited by
subsection (d), (g), or (n)''; and
(2) in section 102 (34 U.S.C. 40912)--
(A) in subsection (b)(3), by striking ``are
prohibited from possessing or receiving a firearm under
subsection (g)'' and inserting ``are described in one
of the categories under subsection (d), (g),''; and
(B) in subsection (c)(1)(A), by inserting ``the
knowing sale or disposition of a firearm to a person
would be prohibited under subsection (d) of section 922
of title 18, United States Code, or applicable State
law or whether'' after ``determination of whether''.
SEC. 4. FUNDS FOR STATES THAT REPORT PRETRIAL ORDERS RESTRICTING
FIREARM POSSESSION TO NICS.
(a) Definition.--In this section, the term ``covered pretrial
release order'' means an order of a State, Tribal, or local court that
governs the release of an arrested individual pending the trial of the
individual for a crime, and which prohibits the individual from
possessing a firearm or ammunition (as such terms are defined in
section 921 of title 18, United States Code).
(b) Authorization.--The Attorney General may make grants to States
and Indian Tribes for the purpose of reporting information about
covered pretrial release orders to the national instant criminal
background check system established under section 103 of the Brady
Handgun Violence Prevention Act (34 U.S.C. 40901).
(c) Applications.--The chief executive of a State or Indian Tribe
seeking a grant under this section shall submit to the Attorney General
an application at such time, in such manner, and containing such
information as the Attorney General may reasonably require.
(d) Clarification.--Grants made under this section shall be in
addition to any amount that a State or Indian Tribe receives under
section 302(c)(19) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10132(c)(19)) (commonly referred to as
the ``National Criminal History Improvement Program'') or section 103
of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40913)
(commonly referred to as the ``NICS Act Record Improvement Program'').
(e) Authorization of Appropriations.--There is authorized to be
appropriated $25,000,000 for each of fiscal years 2024 through 2028 to
carry out this section.
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