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Title: Protecting Communities and Preserving the Second Amendment Act of 2015
Vote Smart's Synopsis:
Vote to adopt an amendment to HR 3762 that amends background check regulations and prohibits straw purchasing and firearm trafficking.
More Info About this Vote
- Prohibits an individual from purchasing or obtaining a firearm that has been transported in interstate or foreign commerce for another individual who the buyer knows fits the following descriptions (Sec. 109):
- The individual is prohibited from possessing a firearm by law;
- The individual intends to use the firearm to facilitate a crime of violence, drug trafficking, or terrorism; or
- The individual is not a citizen or permanent resident of the United States.
- Prohibits the transfer of 2 or more firearms in interstate or foreign commerce if the following conditions apply (Sec. 109):
- The transferor knows that the transferee is prohibited from possessing a firearm;
- The transferee knows that the transferor is prohibited from possessing a firearm; or
- The transferor or transferee knows that the transfer facilitates a crime of violence, drug trafficking, or terrorism.
- Requires an individual who obtains a firearm in violation of the provisions of this bill to be fined, imprisoned for up to 15 years, or both (Sec. 109).
- Requires an individual who acts in concert with other individuals as an organizer or leader to obtain 2 or more firearms in violation of the provisions of this bill to be fined, imprisoned for up to 20 years, or both (Sec. 109).
- Appropriates up to $10 million yearly to investigate and prosecute cases of convicted felons and fugitives who attempt to purchase a firearm illegally for fiscal years 2014-2018 (Sec. 107).
- Requires the Attorney General to increase certain federal grants by 2 to 5 percent for states that submit at least 90 percent of relevant mental health records to the National Instant Criminal Background Check System (NICS) (Sec. 117).
- Prohibits a “sanctuary jurisdiction” from being eligible to receive funds under the State Criminal Alien Assistance Program (SCAAP) or the Cops on the Beat program (Sec. 401).
- Defines “sanctuary jurisdiction” as a state, local government, or law enforcement agency that performs the following practices (Sec. 401):
- The jurisdiction limits the exchange of information regarding an individual’s citizenship with the Immigration and Naturalization Service;
- The jurisdiction limits the exchange of information regarding an individual’s citizenship with any federal, state, or local government; or
- The jurisdiction does not comply with a request to notify about the release of an undocumented immigrant made by the Department of Homeland Security.
NOTE: THIS LEGISLATION NEEDED A THREE-FIFTHS MAJORITY VOTE TO PASS.