Background check required before transfer of ammunition by certain Federal firearms licensees to non-licensees

(a) In general Section 922 of title 18, United States Code, is amended— (1) by striking subsection (s) and redesignating subsection (t) as subsection (s); (2) in subsection (s) (as so redesignated)— (A) in paragraph (1)(B)(i), by inserting indicating that the receipt of a firearm or ammunition by such other person would not violate subsection (g) or (n) of this section, or State, local, or Tribal law before the semicolon; (B) in paragraph (3)(C)(ii), by striking (as defined in subsection (s)(8)); and (C) by adding at the end the following: (7) 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 (3) by inserting after subsection (s) (as so redesignated) the following: (t) (1) A licensed importer, licensed manufacturer, or licensed dealer shall not transfer ammunition to another person not licensed under this chapter, unless— (A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901); (B) the system provides the licensee with a unique identification number indicating— (i) that the receipt of a firearm or ammunition by such other person would not violate subsection (g) or (n) of this section, or State, local, or Tribal law; and (ii) if such other person has not attained 21 years of age, that a transfer of a firearm or ammunition to such other person would not violate subsection (d) of this section; and (C) the licensee has verified the identity of such other person by examining a valid identification document (as defined in section 1028(d) of this title) of such other person containing a photograph of such other person. (2) Paragraph (1) shall not apply to an ammunition transfer between a licensee and another person if— (A) such other person has presented to the licensee a permit that— (i) allows such other person to possess or acquire ammunition, or to possess or acquire a firearm; and (ii) was issued not more than 5 years earlier by the State in which the transfer is to take place; and (B) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of ammunition by such other person would be in violation of law. (3) Paragraphs (2) and (4) through (7) of subsection (s) shall apply with respect to ammunition transfers pursuant to this subsection in the same manner in which such paragraphs apply with respect to firearm transfers. (4) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of ammunition to another person not so licensed unless— (A) the licensee has provided such other person with a notice of the prohibition under paragraph (1); and (B) such other person has certified that such other person has been provided with the notice described in subparagraph (A) on a form prescribed by the Attorney General.. (b) Technical and conforming amendments (1) Section 922 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). (2) Section 925A Section 925A of title 18, United States Code, is amended by striking subsection (s) or (t) of section 922 and inserting section 922(s). (3) Section 925B Section 925B of title 18, United States Code, is amended by striking section 922(t) each place it appears and inserting section 922(s). (4) Brady Handgun Violence Prevention Act 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 (t) and inserting (s). (5) Consolidated and further continuing appropriations act, 2012 Section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (34 U.S.C. 40901 note; Public Law 112–55) is amended by striking subsection 922(t) each place it appears and inserting subsection (s) or (t) of section 922. (6) NICS Improvement Amendments Act of 2007 Section 103(f) of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40913(f)) is amended by striking 922(t) and inserting 922(s). (c) Rules of construction Nothing in this section, or any amendment made by this section, shall be construed to— (1) authorize the establishment, directly or indirectly, of a national firearms or ammunition registry; or (2) interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this section. (d) Authorization of increased funding for the NICS system In addition to any amount otherwise authorized to be appropriated for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901), there are authorized to be appropriated not more than $150,000,000 for upgrading and maintaining the system.