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S. 5656IntroducedSenate · nowHousePresidentLawIn committee
Sec. 2 · S. 5656

Victim notification system

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(a) In general Chapter 44 of title 18, United States Code, is amended by inserting after section 925D the following: 925E. Notification to firearms access victim notification system of prohibited purchase or attempted purchase of a firearm (a) Establishment (1) Victim notification system (A) In general The Federal Bureau of Investigation shall, in consultation with appropriate State, local, and Tribal agencies, including agencies responsible for management of criminal history records and victim notification systems, establish a firearms access victim notification system to notify crime victims (as defined in section 3771(e)(2)) harmed by offenses under section 117, 1591, 2261, 2261A, or 2262 (hereinafter referred to as crime victims) who have registered to be notified, as provided by this section, of firearms-related activity by the offender. This system shall allow victims of such crimes to register for notifications and to deregister at will. Victim information provided for use in the firearms access victim notification system shall only be used for firearms access notification purposes. (B) Clarification with respect to pardoned offenders Notification to a crime victim under subparagraph (A) shall— (i) not apply with respect to firearms-related activity by an offender who has received a pardon or restoration of rights with respect to the offense pursuant to which the crime victim registered to receive such notifications; and (ii) still apply with respect to firearms-related activity by an offender who has received a pardon or restoration of rights with respect to an offense other than the offense pursuant to which the crime victim registered to receive such notifications. (2) Legal guardians and representatives; related offenders (A) In general In the event that a crime victim is under 18 years of age, incompetent, or incapacitated, the victim notification system under paragraph (1) shall allow the legal guardians of the crime victim, or any other persons permitted by law to represent the crime victim, to register and deregister for notification and send relevant notifications to such legal guardian or representative as if such legal guardian or representative were a crime victim for purposes of the victim notification system. (B) Exception In no event shall an offender against a crime victim be permitted to serve as the legal guardian or representative for the crime victim under subparagraph (A). (b) Registration (1) Registration requirements No individual shall be registered to be notified under this section unless such individual provides to the firearms access victim notification system— (A) registration with the Victim Notification System established under section 20101(d) of title 34, United States Code, shall be sufficient to verify an individual’s eligibility to register under this section; or (B) all information necessary, as determined by the Attorney General, to verify the eligibility of such individual to register to be notified under subsection (a). (2) Qualifying offenders Upon registration of a crime victim under subsection (a), the firearms access victim notification system shall provide to the National Instant Criminal Background Check System the names of any offender against such crime victim covered by subsection (a)(1). (c) Notification to firearms access victim notification system (1) In general In the case of a background check on an offender described in subsection (a)(1) conducted by the National Instant Criminal Background Check System established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901), pursuant to the request of a licensed importer, licensed manufacturer, or licensed dealer of firearms, that determines the receipt of a firearm by the individual would be unlawful: (A) The National Instant Criminal Background System shall notify the firearms access victim notification system of the attempted firearm acquisition. (B) If such determination is made after 3 business days, or more than 3 days if the number of days under State law within which the determination must be made is greater, after which time a firearm can be transferred, or, in the case that the offender is less than 21 years of age, the number of days under section 103(l) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901(l)) within which the determination must be made, have elapsed since the licensee contacted the system and a firearm has been transferred to that offender— (i) the National Instant Criminal Background System shall notify the firearms access victim notification system that the offender possesses a firearm; and (ii) the Bureau of Alcohol, Tobacco, Firearms and Explosives shall notify the firearms access victim notification system upon retrieval of firearms transferred as described in this subsection. (C) If an attempted firearm acquisition results in the arrest of the offender by a Federal law enforcement agency, the agency shall notify the firearms access victim notification system. (D) If such determination is reversed upon appeal, the National Instant Criminal Background Check System shall notify the firearms access victim notification system. In the event that the reversal is due to a finding that the individual who attempted to purchase the firearm was not the offender, the notification shall include the reason for the reversal. (2) Pardons In the case of a Presidential pardon of an offender for an offense under section 1591, 2261, 2261A, or 2262, the Office of the Pardon Attorney of the Department of Justice shall notify the firearms access victim notification system. (3) Relief from disabilities In the case of a successful application or petition for relief from disabilities under section 925(c), the Attorney General shall notify the firearms access victim notification system. (d) Notifications to crime victims (1) In general The firearms access victim notification system shall notify the crime victim upon receipt of information described in subsection (c)(1), (c)(2), or (c)(3). In the case of a notification under subsection (c)(2) or (c)(3), the notification shall include a statement that the pardoned or relieved individual is no longer prohibited from possessing firearms due to the pardoned offense or offense for which the individual successfully applied or petitioned for relief under section 925(c), although the individual may be prohibited due to other offenses. A notification issued pursuant this paragraph shall include contact information for the hotline described in section 313 of the Family Violence Prevention and Services Act (42 U.S.C. 10413). (2) Retention of information The firearms access victim notification system shall retain any information transmitted from the National Instant Background Check System pursuant to subsection (c) for no longer than 24 hours following the issuance of a notification to a crime victim under paragraph (1). (e) Annual notices The firearms access victim notification shall annually send a notice to crime victims to inform them that they are registered to receive notifications under this section. (f) Outreach The Attorney General shall conduct necessary outreach to victims of crimes described in section 117, 1591, 2261, 2261A, or 2262, to educate crime victims about their right to register or deregister for the firearms access victim notification system. Upon the conviction of an offender for 1 or more of these crimes, the prosecuting attorney shall notify the crime victim of their ability to register or deregister for the firearms access victim notification system. Crime victims shall be informed upon registration with the firearms access victim notification system of the conditions under which an attempt by an offender or respondent to purchase a firearm will result in the crime victim receiving a notification. (g) Rules of construction Nothing in this section may be construed to create any right or benefit, substantive or procedural, enforceable at law or in equity by any party, against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (h) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section.. (b) Clerical amendment The table of sections for chapter 44 of title 18 is amended by inserting after the item relating to section 925D the following: 925E. Notification to firearms access victim notification system of prohibited purchase or attempted purchase of a firearm..

Sec. 2: Victim notification system · Public Law Tracker