[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3888 Introduced in House (IH)]

<DOC>






114th CONGRESS
  1st Session
                                H. R. 3888

    To provide for the implementation of a system of licensing for 
  purchasers of certain firearms and for a record of sale system for 
                those firearms, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 2015

   Mr. Rush introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To provide for the implementation of a system of licensing for 
  purchasers of certain firearms and for a record of sale system for 
                those firearms, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Blair Holt's 
Firearm Licensing and Record of Sale Act of 2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
                           TITLE I--LICENSING

Sec. 101. Licensing requirement.
Sec. 102. Application requirements.
Sec. 103. Issuance of license.
Sec. 104. Renewal of license.
Sec. 105. Revocation of license.
                  TITLE II--RECORD OF SALE OR TRANSFER

Sec. 201. Sale or transfer requirements for qualifying firearms.
Sec. 202. Firearm records.
                   TITLE III--ADDITIONAL PROHIBITIONS

Sec. 301. Universal background check requirement.
Sec. 302. Failure to maintain or permit inspection of records.
Sec. 303. Failure to report loss or theft of firearm.
Sec. 304. Failure to provide notice of change of address.
Sec. 305. Child access prevention.
                         TITLE IV--ENFORCEMENT

Sec. 401. Criminal penalties.
Sec. 402. Regulations.
Sec. 403. Inspections.
Sec. 404. Orders.
Sec. 405. Injunctive enforcement.
            TITLE V--FIREARM INJURY INFORMATION AND RESEARCH

Sec. 501. Duties of the Attorney General.
                     TITLE VI--EFFECT ON STATE LAW

Sec. 601. Effect on State law.
Sec. 602. Certification of State firearm licensing systems and State 
                            firearm record of sale systems.
                  TITLE VII--RELATIONSHIP TO OTHER LAW

Sec. 701. Subordination to Arms Export Control Act.
                      TITLE VIII--INAPPLICABILITY

Sec. 801. Inapplicability to governmental authorities.
                        TITLE IX--EFFECTIVE DATE

Sec. 901. Effective date of amendments.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the manufacture, distribution, and importation of 
        firearms is inherently commercial in nature;
            (2) firearms regularly move in interstate commerce;
            (3) to the extent that firearms trafficking is intrastate 
        in nature, it arises out of and is substantially connected with 
        a commercial transaction, which, when viewed in the aggregate, 
        substantially affects interstate commerce;
            (4) because the intrastate and interstate trafficking of 
        firearms are so commingled, full regulation of interstate 
        commerce requires the incidental regulation of intrastate 
        commerce;
            (5) gun violence in the United States is associated with 
        the majority of homicides, over half the suicides, and two-
        thirds of nonfatal violent injuries, and to date there have 
        been 294 mass shootings this year including, notably, the 
        shooting at Umpqua Community College in Oregon, the Charleston 
        church shooting in South Carolina, the theatre shooting in 
        Lafayette, Louisiana, and the Isla Vista community shootings in 
        California;
            (6) in 2015 alone, 9,956 people have been killed and 20,000 
        people injured in gun-related incidents, and in Chicago, as of 
        November 3, 2015, there have been 2,578 shootings so far this 
        year, a figure which exceeds the number of shootings in the 
        larger cities of New York and Los Angeles combined; and
            (7) on the afternoon of May 10, 2007, Blair Holt, a junior 
        at Julian High School in Chicago, was killed on a public bus 
        riding home from school when he used his body to shield a girl 
        who was in the line of fire after a young man boarded the bus 
        and started shooting.
    (b) Sense of the Congress.--It is the sense of the Congress that--
            (1) firearms trafficking is prevalent and widespread in and 
        among the States, and it is usually impossible to distinguish 
        between intrastate trafficking and interstate trafficking; and
            (2) it is in the national interest and within the role of 
        the Federal Government to ensure that the regulation of 
        firearms is uniform among the States, that law enforcement can 
        quickly and effectively trace firearms used in crime, and that 
        firearms owners know how to use and safely store their 
        firearms.
    (c) Purposes.--The purposes of this Act and the amendments made by 
this Act are--
            (1) to protect the public against the unreasonable risk of 
        injury and negligent or reckless death associated with the 
        unrecorded sale or transfer of qualifying firearms to criminals 
        and youths;
            (2) to ensure that owners of qualifying firearms are 
        knowledgeable in the safe use, handling, and storage of those 
        firearms;
            (3) to restrict the availability of qualifying firearms to 
        criminals, youth, and other persons prohibited by Federal law 
        from receiving firearms;
            (4) to facilitate the tracing of qualifying firearms used 
        in crime by Federal and State law enforcement agencies; and
            (5) to hold criminally and civilly liable those who 
        distribute the transfer of qualifying firearms, causing risk of 
        injury and negligent or reckless death associated with their 
        transfer.

SEC. 3. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Firearm; licensed dealer; licensed manufacturer; 
        state.--The terms ``firearm'', ``licensed dealer'', ``licensed 
        manufacturer'', and ``State'' have the meanings given those 
        terms in section 921(a) of title 18, United States Code.
            (2) Qualifying firearm.--The term ``qualifying firearm'' 
        has the meaning given the term in section 921(a) of title 18, 
        United States Code, as amended by subsection (b) of this 
        section.
    (b) Amendment to Title 18, United States Code.--Section 921(a) of 
title 18, United States Code, is amended by adding at the end the 
following:
    ``(36) The term `qualifying firearm'--
            ``(A) means--
                    ``(i) any handgun; or
                    ``(ii) any semiautomatic firearm that can accept 
                any detachable ammunition feeding device; and
            ``(B) does not include any antique.''.

                           TITLE I--LICENSING

SEC. 101. LICENSING REQUIREMENT.

    Section 922 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(aa) Firearm Licensing Requirement.--
            ``(1) In general.--It shall be unlawful for any person 
        other than a licensed importer, licensed manufacturer, licensed 
        dealer, or licensed collector to possess a qualifying firearm 
        on or after the applicable date, unless that person has been 
        issued a firearm license--
                    ``(A) under title I of Blair Holt's Firearm 
                Licensing and Record of Sale Act of 2015, which license 
                has not been invalidated or revoked under that title; 
                or
                    ``(B) pursuant to a State firearm licensing and 
                record of sale system certified under section 602 of 
                Blair Holt's Firearm Licensing and Record of Sale Act 
                of 2015, which license has not been invalidated or 
                revoked under State law.
            ``(2) Applicable date.--In this subsection, the term 
        `applicable date' means--
                    ``(A) with respect to a qualifying firearm that is 
                acquired by the person before the date of the enactment 
                of Blair Holt's Firearm Licensing and Record of Sale 
                Act of 2015, 2 years after such date of enactment; and
                    ``(B) with respect to a qualifying firearm that is 
                acquired by the person on or after the date of the 
                enactment of Blair Holt's Firearm Licensing and Record 
                of Sale Act of 2015, 1 year after such date of 
                enactment.''.

SEC. 102. APPLICATION REQUIREMENTS.

    (a) In General.--In order to be issued a firearm license under this 
title, an individual shall submit to the Attorney General (in 
accordance with the regulations promulgated under subsection (b)) an 
application, which shall include--
            (1) a current, passport-sized photograph of the applicant 
        that provides a clear, accurate likeness of the applicant;
            (2) the name, address, and date and place of birth of the 
        applicant;
            (3) any other name that the applicant has ever used or by 
        which the applicant has ever been known;
            (4) a clear thumbprint of the applicant, which shall be 
        made when, and in the presence of the entity to whom, the 
        application is submitted;
            (5) with respect to each category of person prohibited by 
        Federal law, or by the law of the State of residence of the 
        applicant, from obtaining a firearm, a statement that the 
        individual is not a person prohibited from obtaining a firearm;
            (6) a certification by the applicant that the applicant 
        will keep any firearm owned by the applicant safely stored and 
        out of the possession of persons who have not attained 18 years 
        of age;
            (7) a certificate attesting to the completion at the time 
        of application of a written firearms examination, which shall 
        test the knowledge and ability of the applicant regarding--
                    (A) the safe storage of firearms, particularly in 
                the vicinity of persons who have not attained 18 years 
                of age;
                    (B) the safe handling of firearms;
                    (C) the use of firearms in the home and the risks 
                associated with such use;
                    (D) the legal responsibilities of firearms owners, 
                including Federal, State, and local laws relating to 
                requirements for the possession and storage of 
                firearms, and relating to reporting requirements with 
                respect to firearms; and
                    (E) any other subjects, as the Attorney General 
                determines to be appropriate;
            (8) an authorization by the applicant to release to the 
        Attorney General or an authorized representative of the 
        Attorney General any mental health records pertaining to the 
        applicant;
            (9) the date on which the application was submitted; and
            (10) the signature of the applicant.
    (b) Regulations Governing Submission.--The Attorney General shall 
promulgate regulations specifying procedures for the submission of 
applications to the Attorney General under this section, which 
regulations shall--
            (1) provide for submission of the application through a 
        licensed dealer or an office or agency of the Federal 
        Government designated by the Attorney General;
            (2) require the applicant to provide a valid identification 
        document (as defined in section 1028(d)(2) of title 18, United 
        States Code) of the applicant, containing a photograph of the 
        applicant, to the licensed dealer or to the office or agency of 
        the Federal Government, as applicable, at the time of 
        submission of the application to that dealer, office, or 
        agency; and
            (3) require that a completed application be forwarded to 
        the Attorney General not later than 48 hours after the 
        application is submitted to the licensed dealer or office or 
        agency of the Federal Government, as applicable.
    (c) Fees.--
            (1) In general.--The Attorney General shall charge and 
        collect from each applicant for a license under this title a 
        fee in an amount determined in accordance with paragraph (2).
            (2) Fee amount.--The amount of the fee collected under this 
        subsection shall be not less than the amount determined by the 
        Attorney General to be necessary to ensure that the total 
        amount of all fees collected under this subsection during a 
        fiscal year is sufficient to cover the costs of carrying out 
        this title during that fiscal year, except that such amount 
        shall not exceed $25.

SEC. 103. ISSUANCE OF LICENSE.

    (a) In General.--The Attorney General shall issue a firearm license 
to an applicant who has submitted an application that meets the 
requirements of section 102 of this Act, if the Attorney General 
ascertains that the individual is not prohibited by subsection (g) or 
(n) of section 922 of title 18, United States Code, from receiving a 
firearm.
    (b) Effect of Issuance to Prohibited Person.--A firearm license 
issued under this section shall be null and void if issued to a person 
who is prohibited by subsection (g) or (n) of section 922 of title 18, 
United States Code, from receiving a firearm.
    (c) Form of License.--A firearm license issued under this section 
shall be in the form of a tamper-resistant card, and shall include--
            (1) the photograph of the licensed individual submitted 
        with the application;
            (2) the address of the licensed individual;
            (3) the date of birth of the licensed individual;
            (4) a license number, unique to each licensed individual;
            (5) the expiration date of the license, which shall be the 
        date that is 5 years after the initial anniversary of the date 
        of birth of the licensed individual following the date on which 
        the license is issued (or in the case of a license renewal, 
        following the date on which the license is renewed under 
        section 104);
            (6) the signature of the licensed individual provided on 
        the application, or a facsimile of the application; and
            (7) centered at the top of the license, capitalized, and in 
        boldface type, the following:
``FIREARM LICENSE--NOT VALID FOR ANY OTHER PURPOSE''.

SEC. 104. RENEWAL OF LICENSE.

    (a) Application for Renewal.--
            (1) In general.--In order to renew a firearm license issued 
        under this title, not later than 30 days before the expiration 
        date of the license, the licensed individual shall submit to 
        the Attorney General (in accordance with the regulations 
        promulgated under paragraph (3)), in a form approved by the 
        Attorney General, an application for renewal of the license.
            (2) Contents.--An application submitted under paragraph (1) 
        shall include--
                    (A) a current, passport-sized photograph of the 
                applicant that provides a clear, accurate likeness of 
                the applicant;
                    (B) current proof of identity of the licensed 
                individual; and
                    (C) the address of the licensed individual.
            (3) Regulations governing submission.--The Attorney General 
        shall promulgate regulations specifying procedures for the 
        submission of applications under this subsection.
    (b) Issuance of Renewed License.--Upon approval of an application 
submitted under subsection (a) of this section, the Attorney General 
shall issue a renewed license, which shall meet the requirements of 
section 103(c), except that the license shall include the current 
photograph and address of the licensed individual, as provided in the 
application submitted under this section, and the expiration date of 
the renewed license, as provided in section 103(c)(5).

SEC. 105. REVOCATION OF LICENSE.

    (a) In General.--If an individual to whom a license has been issued 
under this title subsequently becomes a person who is prohibited by 
subsection (g) or (n) of section 922 of title 18, United States Code, 
from receiving a firearm--
            (1) the license is revoked; and
            (2) the individual shall promptly return the license to the 
        Attorney General.
    (b) Administrative Action.--Upon receipt by the Attorney General of 
notice that an individual to whom a license has been issued under this 
title has become a person described in subsection (a), the Attorney 
General shall ensure that the individual promptly returns the license 
to the Attorney General.

                  TITLE II--RECORD OF SALE OR TRANSFER

SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALIFYING FIREARMS.

    Section 922 of title 18, United States Code, as amended by section 
101 of this Act, is amended by adding at the end the following:
    ``(bb) Unauthorized Sale or Transfer of a Qualifying Firearm.--It 
shall be unlawful for any person to sell, deliver, or otherwise 
transfer a qualifying firearm to, or for, any person who is not a 
licensed importer, licensed manufacturer, licensed dealer, or licensed 
collector, or to receive a qualifying firearm from a person who is not 
a licensed importer, licensed manufacturer, licensed dealer, or 
licensed collector, unless, at the time and place of the transfer or 
receipt--
            ``(1) the transferee presents to a licensed dealer a valid 
        firearm license issued to the transferee--
                    ``(A) under title I of Blair Holt's Firearm 
                Licensing and Record of Sale Act of 2015; or
                    ``(B) pursuant to a State firearm licensing and 
                record of sale system certified under section 602 of 
                Blair Holt's Firearm Licensing and Record of Sale Act 
                of 2015 established by the State in which the transfer 
                or receipt occurs;
            ``(2) the licensed dealer contacts the Attorney General or 
        the head of the State agency that administers the certified 
        system described in paragraph (1)(B), as applicable, and 
        receives notice that the transferee has been issued a firearm 
        license described in paragraph (1) and that the license remains 
        valid; and
            ``(3) the licensed dealer records on a document (which, in 
        the case of a sale, shall be the sales receipt) a tracking 
        authorization number provided by the Attorney General or the 
        head of the State agency, as applicable, as evidence that the 
        licensed dealer has verified the validity of the license.''.

SEC. 202. FIREARM RECORDS.

    (a) Submission of Sale or Transfer Reports.--Not later than 14 days 
after the date on which the transfer of a qualifying firearm is 
processed by a licensed dealer under section 922(bb) of title 18, 
United States Code (as added by section 201 of this Act), the licensed 
dealer shall submit to the Attorney General (or, in the case of a 
licensed dealer located in a State that has a State firearm licensing 
and record of sale system certified under section 602 of this Act, to 
the head of the State agency that administers that system) a report of 
that transfer, which shall include information relating to--
            (1) the manufacturer of the firearm;
            (2) the model name or number of the firearm;
            (3) the serial number of the firearm;
            (4) the date on which the firearm was received by the 
        transferee;
            (5) the number of a valid firearm license issued to the 
        transferee under title I of this Act; and
            (6) the name and address of the individual who transferred 
        the firearm to the transferee.
    (b) Federal Record of Sale System.--Not later than 9 months after 
the date of the enactment of this Act, the Attorney General shall 
establish and maintain a Federal record of sale system, which shall 
include the information included in each report submitted to the 
Attorney General under subsection (a).
    (c) Elimination of Prohibition on Establishment of System of 
Registration.--Section 926(a) of title 18, United States Code, is 
amended by striking the second sentence.

                   TITLE III--ADDITIONAL PROHIBITIONS

SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIREMENT.

    Section 922 of title 18, United States Code, as amended by sections 
101 and 201 of this Act, is amended by adding at the end the following:
    ``(cc) Universal Background Check Requirement.--
            ``(1) Requirement.--Except as provided in paragraph (2), it 
        shall be unlawful for any person other than a licensed 
        importer, licensed manufacturer, licensed dealer, or licensed 
        collector to sell, deliver, or otherwise transfer a firearm to 
        any person other than such a licensee, unless the transfer is 
        processed through a licensed dealer in accordance with 
        subsection (t).
            ``(2) Exception.--Paragraph (1) shall not apply to the 
        infrequent transfer of a firearm by gift, bequest, intestate 
        succession or other means by an individual to a parent, child, 
        grandparent, or grandchild of the individual, or to any loan of 
        a firearm for any lawful purpose for not more than 30 days 
        between persons who are personally known to each other.''.

SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION OF RECORDS.

    Section 922 of title 18, United States Code, as amended by sections 
101, 201, and 301 of this Act, is amended by adding at the end the 
following:
    ``(dd) Failure To Maintain or Permit Inspection of Records.--It 
shall be unlawful for a licensed manufacturer or a licensed dealer to 
fail to comply with section 202 of Blair Holt's Handgun Licensing and 
Record of Sale Act of 2015, or to maintain such records or supply such 
information as the Attorney General may require in order to ascertain 
compliance with such Act and the regulations and orders issued under 
such Act.''.

SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIREARM.

    Section 922 of title 18, United States Code, as amended by sections 
101, 201, 301, and 302 of this Act, is amended by adding at the end the 
following:
    ``(ee) Failure To Report Loss or Theft of Firearm.--It shall be 
unlawful for any person who owns a qualifying firearm to fail to report 
the loss or theft of the firearm to the Attorney General within 72 
hours after the loss or theft is discovered.''.

SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF ADDRESS.

    Section 922 of title 18, United States Code, as amended by sections 
101, 201, 301, 302, and 303 of this Act, is amended by adding at the 
end the following:
    ``(ff) Failure To Provide Notice of Change of Address.--It shall be 
unlawful for any individual to whom a firearm license has been issued 
under title I of Blair Holt's Firearm Licensing and Record of Sale Act 
of 2015 to fail to report to the Attorney General a change in the 
address of that individual within 60 days of that change of address.''.

SEC. 305. CHILD ACCESS PREVENTION.

    Section 922 of title 18, United States Code, as amended by sections 
101, 201, 301, 302, 303, and 304 of this Act, is amended by adding at 
the end the following:
    ``(gg) Child Access Prevention.--
            ``(1) Definition of child.--In this subsection, the term 
        `child' means an individual who has not attained the age of 18 
        years.
            ``(2) Prohibition and penalties.--Except as provided in 
        paragraph (3), it shall be unlawful for any person to keep a 
        loaded firearm, or an unloaded firearm and ammunition for the 
        firearm, any one of which has been shipped or transported in 
        interstate or foreign commerce, within any premises that is 
        under the custody or control of that person, if--
                    ``(A) that person--
                            ``(i) knows, or recklessly disregards the 
                        risk, that a child is capable of gaining access 
                        to the firearm; and
                            ``(ii) either--
                                    ``(I) knows, or recklessly 
                                disregards the risk, that a child will 
                                use the firearm to cause the death of, 
                                or serious bodily injury (as defined in 
                                section 1365 of this title) to, the 
                                child or any other person; or
                                    ``(II) knows, or reasonably should 
                                know, that possession of the firearm by 
                                a child is unlawful under Federal or 
                                State law; and
                    ``(B) a child uses the firearm and the use of that 
                firearm causes the death of, or serious bodily injury 
                to, the child or any other person.
            ``(3) Exceptions.--Paragraph (2) shall not apply if--
                    ``(A) at the time the child obtained access, the 
                firearm was secured with a secure gun storage or safety 
                device;
                    ``(B) the person is a peace officer, a member of 
                the Armed Forces, or a member of the National Guard, 
                and the child obtains the firearm during, or incidental 
                to, the performance of the official duties of the 
                person in that capacity;
                    ``(C) the child uses the firearm in a lawful act of 
                self-defense or defense of one or more other persons; 
                or
                    ``(D) the person has no reasonable expectation, 
                based on objective facts and circumstances, that a 
                child is likely to be present on the premises on which 
                the firearm is kept.''.

                         TITLE IV--ENFORCEMENT

SEC. 401. CRIMINAL PENALTIES.

    (a) Failure To Possess Firearm License; Failure To Comply With 
Qualifying Firearm Sale or Transfer Requirements; Failure To Maintain 
or Permit Inspection of Records.--Section 924(a) of title 18, United 
States Code, is amended by adding at the end the following:
    ``(8) Whoever knowingly violates subsection (aa), (bb), or (dd) of 
section 922 shall be fined under this title, imprisoned not more than 2 
years, or both.''.
    (b) Failure To Comply With Universal Background Checks; Failure to 
Timely Report Loss or Theft of a Qualifying Firearm; Failure To Provide 
Notice of Change of Address.--Section 924(a)(5) of such title is 
amended by striking ``(s) or (t)'' and inserting ``(t), (cc), (ee), or 
(ff)''.
    (c) Child Access Prevention.--Section 924(a) of such title, as 
amended by subsection (a) of this section, is amended by adding at the 
end the following:
    ``(9) Whoever violates section 105(a)(2) of Blair Holt's Handgun 
Licensing and Record of Sale Act of 2015, knowingly or having reason to 
believe that the person is prohibited by subsection (g) or (n) of 
section 922 of title 18, United States Code, from receiving a firearm, 
shall be fined under this title, imprisoned not more than 10 years, or 
both.
    ``(10) Whoever violates section 922(gg) shall be fined under this 
title, imprisoned not more than 5 years, or both.''.

SEC. 402. REGULATIONS.

    (a) In General.--The Attorney General shall issue regulations 
governing the licensing of possessors of qualifying firearms and the 
recorded sale of qualifying firearms, consistent with this Act and the 
amendments made by this Act, as the Attorney General determines to be 
reasonably necessary to reduce or prevent deaths or injuries resulting 
from qualifying firearms, and to assist law enforcement in the 
apprehension of owners or users of qualifying firearms used in criminal 
activity.
    (b) Maximum Interval Between Issuance of Proposed and Final 
Regulation.--Not later than 120 days after the date on which the 
Attorney General issues a proposed regulation under subsection (a) with 
respect to a matter, the Attorney General shall issue a final 
regulation with respect to the matter.

SEC. 403. INSPECTIONS.

    In order to ascertain compliance with this Act, the amendments made 
by this Act, and the regulations and orders issued under this Act, the 
Attorney General may, during regular business hours, enter any place in 
which firearms or firearm products are manufactured, stored, or held, 
for distribution in commerce, and inspect those areas where the 
products are so manufactured, stored, or held.

SEC. 404. ORDERS.

    The Attorney General may issue an order prohibiting the sale or 
transfer of any firearm that the Attorney General finds has been 
transferred or distributed in violation of this Act, an amendment made 
by this Act, or a regulation issued under this Act.

SEC. 405. INJUNCTIVE ENFORCEMENT.

    The Attorney General may bring an action to restrain any violation 
of this Act or an amendment made by this Act in the district court of 
the United States for any district in which the violation has occurred, 
or in which the defendant is found or transacts business.

            TITLE V--FIREARM INJURY INFORMATION AND RESEARCH

SEC. 501. DUTIES OF THE ATTORNEY GENERAL.

    (a) In General.--The Attorney General shall--
            (1) establish and maintain a firearm injury information 
        clearinghouse to collect, investigate, analyze, and disseminate 
        data and information relating to the causes and prevention of 
        death and injury associated with firearms;
            (2) conduct continuing studies and investigations of 
        firearm-related deaths and injuries;
            (3) collect and maintain current production and sales 
        figures for each licensed manufacturer; and
            (4) conduct a study on the efficacy of firearms that 
        incorporate technology that prevents their use by unauthorized 
        users (also known as ``smart guns''), in the prevention of 
        unintended firearm deaths.
    (b) Availability of Information.--Periodically, but not less 
frequently than annually, the Attorney General shall report to the 
Congress and make available to the public a report on the activities of 
the Attorney General under subsection (a).

                     TITLE VI--EFFECT ON STATE LAW

SEC. 601. EFFECT ON STATE LAW.

    (a) In General.--This Act and the amendments made by this Act may 
not be construed to preempt any provision of the law of any State or 
political subdivision of that State, or prevent a State or political 
subdivision of that State from enacting any provision of law regulating 
or prohibiting conduct with respect to firearms, except to the extent 
that the provision of law is inconsistent with any provision of this 
Act or an amendment made by this Act, and then only to the extent of 
the inconsistency.
    (b) Rule of Interpretation.--A provision of State law is not 
inconsistent with this Act or an amendment made by this Act if the 
provision imposes a regulation or prohibition of greater scope or a 
penalty of greater severity than a corresponding prohibition or penalty 
imposed by this Act or an amendment made by this Act.

SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING SYSTEMS AND STATE 
              FIREARM RECORD OF SALE SYSTEMS.

    Upon a written request of the chief executive officer of a State, 
the Attorney General may certify--
            (1) a firearm licensing system established by a State, if 
        State law requires the system to satisfy the requirements 
        applicable to the Federal firearm licensing system established 
        under title I; or
            (2) a firearm record of sale system established by a State, 
        if State law requires the head of the State agency that 
        administers the system to submit to the Federal firearm record 
        of sale system established under section 202(b) a copy of each 
        report submitted to the head of the agency under section 
        202(a), within 7 days after receipt of the report.

                  TITLE VII--RELATIONSHIP TO OTHER LAW

SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.

    In the event of any conflict between any provision of this Act or 
an amendment made by this Act, and any provision of the Arms Export 
Control Act (22 U.S.C. 2751), the provision of the Arms Export Control 
Act shall control.

                      TITLE VIII--INAPPLICABILITY

SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.

    This Act and the amendments made by this Act shall not apply to any 
department or agency of the United States, of a State, or of a 
political subdivision of a State, or to any official conduct of any 
officer or employee of such a department or agency.

                        TITLE IX--EFFECTIVE DATE

SEC. 901. EFFECTIVE DATE OF AMENDMENTS.

    The amendments made by this Act shall take effect 1 year after the 
date of the enactment of this Act.
                                 <all>