HR4173-119

1. Short title This Act may be cited as the Preventing Pretrial Gun Purchases Act.

2. Amendments to the Gun Control Act of 1968 Section 921(a) of title 18, United States Code, is amended by adding at the end the following: 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. Section 922 of title 18, United States Code, is amended— in subsection (d)— in paragraph (10), by striking or at the end; in paragraph (11), by striking the period and inserting ; or; and by inserting after paragraph (11) the following: is subject to a pretrial release order that prohibits the person from purchasing, possessing, or receiving firearms. in subsection (t)— 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; 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); 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; in paragraph (4)— 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 by inserting a comma after State; and in paragraph (5)— 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 by inserting a comma after State. (39) 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. . (12)is subject to a pretrial release order that prohibits the person from purchasing, possessing, or receiving firearms.; and

3. Conforming amendments 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). 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. Section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) is amended— in subsection (e)(1)— 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),; in subparagraph (C), by striking (g) and inserting (d), (g),; in subparagraph (F)(iii)(I), by striking (g) or (n) and inserting (d), (g), or (n); and in subparagraph (G)(i), by striking (g) or (n) and inserting (d), (g), or (n); 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 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.. Title I of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40911 et seq.) is amended— in section 101(b) (34 U.S.C. 40911(b))— 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 in paragraph (2)(A)— by striking after the and inserting after a court martial imposes a pretrial release order or the; and 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 in section 102 (34 U.S.C. 40912)— 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 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.