[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1212 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1212

To provide family members of an individual who they fear is a danger to 
  himself, herself, or others, and law enforcement, with new tools to 
                         prevent gun violence.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2017

   Mrs. Feinstein (for herself, Mrs. Gillibrand, Mr. Markey, and Mr. 
  Blumenthal) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide family members of an individual who they fear is a danger to 
  himself, herself, or others, and law enforcement, with new tools to 
                         prevent gun violence.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gun Violence Prevention Order Act of 
2017''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``family or household member'' means, with 
        respect to an individual, any--
                    (A) individual related by blood, marriage, or 
                adoption to the respondent;
                    (B) dating partner of the respondent;
                    (C) individual who has a child in common with the 
                respondent, regardless of whether the individual has--
                            (i) been married to the respondent; or
                            (ii) lived together with the respondent at 
                        any time;
                    (D) an individual who resides or has resided with 
                the respondent during the past year;
                    (E) domestic partner of the respondent;
                    (F) individual who has a biological or legal 
                parent-child relationship with the respondent, 
                including a stepparent-stepchild and grandparent-
                grandchild relationship; and
                    (G) any individual who is acting or has acted as 
                the legal guardian of the respondent;
            (2) the term ``firearm'' has the meaning given the term in 
        section 921 of title 18, United States Code;
            (3) the term ``gun violence prevention order'' means a 
        written order, issued by a State court or signed by a 
        magistrate (or other comparable judicial officer)--
                    (A) prohibiting a named individual from having 
                under the custody or control of the individual, owning, 
                purchasing, possessing, or receiving any firearms; or
                    (B) having a firearm removed;
            (4) the term ``gun violence prevention warrant'' means a 
        written order, issued by a State court or signed by a 
        magistrate (or other comparable judicial officer), regarding an 
        individual who is subject to a gun violence prevention order 
        and who is known to own or possess one or more firearms, that 
        directs a law enforcement officer to temporarily remov and 
        retain any firearm in the possession of the individual;
            (5) the term ``law enforcement officer'' means a public 
        servant authorized by State law or by a State government agency 
        to engage in or supervise the prevention, detection, 
        investigation, or prosecution of an offense; and
            (6) the term ``wellness check'' means a visit conducted by 
        a law enforcement officer to the residence of an individual for 
        the purpose of assessing whether the individual poses a danger 
        to the individual or others due to a mental, behavioral, or 
        physical condition.

SEC. 3. NATIONAL GUN VIOLENCE PREVENTION ORDER AND WARRANT LAW.

    (a) Enactment of Gun Violence Prevention Order Law.--In order to 
receive a grant under section 4, on the date that is 3 years after the 
date of enactment of this Act, each State shall have in effect 
legislation that--
            (1) authorizes a gun violence prevention order and gun 
        violence prevention warrant in accordance with subsection (b); 
        and
            (2) requires each law enforcement agency of the State to 
        comply with subsection (c).
    (b) Requirements for Gun Violence Prevention Orders and Warrants.--
Legislation required under subsection (a) shall be subject to the 
following requirements:
            (1) Application for gun violence prevention order.--A 
        family or household member of an individual, or a law 
        enforcement officer, may submit an application to a State 
        court, on a form designed by the court, that--
                    (A) describes the facts and circumstances 
                necessitating that a gun violence prevention order be 
                issued against the named individual;
                    (B) is signed by the applicant, under oath; and
                    (C) includes any additional information required by 
                the State court or magistrate (or other comparable 
                judicial officer) to demonstrate that possession of a 
                firearm by the named individual poses a substantial 
                risk or a higher standard of risk of personal injury to 
                the named individual or others.
            (2) Examination of applicant and witnesses.--A State court 
        or magistrate (or other comparable judicial officer) shall, 
        before issuing a gun violence prevention order--
                    (A) examine under oath, the individual who applied 
                for the order under paragraph (1) and any witnesses the 
                individual produces; and
                    (B)(i) require that the individual or any witness 
                submit a signed affidavit, which describes the facts 
                the applicant or witness believes establish the grounds 
                of the application; or
                    (ii) take an oral statement from the individual or 
                witness under oath.
            (3) Standard for issuance of order.--
                    (A) In general.--A State court or magistrate (or 
                other comparable judicial officer) may issue a gun 
                violence prevention order upon a finding that there is 
                a reasonable suspicion that possession of a firearm by 
                the named individual poses a significant risk of 
                personal injury to the named individual or others.
                    (B) Notification.--
                            (i) In general.--The court shall notify the 
                        Department of Justice and comparable State 
                        agency of the gun violence prevention order not 
                        later than 2 court days after issuing the 
                        order. The court shall also notify the 
                        Department of Justice and comparable State 
                        agency of any order restoring the ability of 
                        the individual to own or possess firearms not 
                        later than 2 court days after issuing the order 
                        to restore the individual's right to own or 
                        possess any type of firearms that may be 
                        lawfully owned and possessed. Such notice shall 
                        be submitted in an electronic format, in a 
                        manner prescribed by the Department of Justice 
                        and the comparable State agency.
                            (ii) Update of databases.--As soon as 
                        practicable after receiving a notification 
                        under clause (i), the Department of Justice and 
                        comparable State agency shall update the 
                        background check databases of the Department 
                        and agency, respectively, to reflect the 
                        prohibitions articulated in the gun violence 
                        prevention order.
            (4) Issuance of gun violence prevention warrant.--
                    (A) In general.--After issuing a gun violence 
                prevention order, a State court or magistrate (or other 
                comparable judicial officer) shall, upon a finding of 
                probable cause to believe that the named individual 
                subject to the order has a firearm in his custody or 
                control, issue a gun violence prevention warrant 
                ordering the temporary seizure of all firearms 
                specified in the warrant.
                    (B) Requirement.--Subject to paragraph (6), a gun 
                violence prevention warrant issued under subparagraph 
                (A) shall require that any firearm described in the 
                warrant be taken from any place, or from any individual 
                in whose possession, the firearm may be.
            (5) Service of gun violence prevention order.--When serving 
        a gun violence prevention order or warrant, a law enforcement 
        officer or process server shall provide the individual with a 
        form to request a hearing in accordance with paragraph (6)(F).
            (6) Temporary seizure of firearms.--
                    (A) In general.--When a law enforcement officer 
                takes property under a gun violence prevention warrant 
                or a gun violence prevention order, the law enforcement 
                officer shall give a receipt for the property taken, 
                specifying the property in detail, to the individual 
                from whom it was taken. In the absence of a person, the 
                law enforcement officer shall leave the receipt in the 
                place where the law enforcement officer found the 
                property, if such information is available.
                    (B) Temporary custody of removed firearms.--All 
                firearms removed pursuant to a gun violence prevention 
                warrant shall be retained by the law enforcement 
                officer or the law enforcement agency in custody, 
                subject to the order of the court that issued the 
                warrant or to any other court in which an offense with 
                respect to the firearm is triable.
                    (C) Limitation on seizure of firearms.--If the 
                location to be searched during the execution of a gun 
                violence prevention warrant is jointly occupied by 
                multiple parties and a firearm is located during the 
                execution of the seizure warrant, and it is determined 
                that the firearm is owned by an individual other than 
                the individual named in the gun violence prevention 
                warrant, the firearm may not be removed if--
                            (i) the firearm is stored in a manner that 
                        the individual named in the gun violence 
                        prevention warrant does not have access to or 
                        control of the firearm; and
                            (ii) there is no evidence of unlawful 
                        possession of the firearm by the owner.
                    (D) Gun safe.--If the location to be searched 
                during the execution of a gun violence prevention 
                warrant is jointly occupied by multiple parties and a 
                gun safe is located, and it is determined that the gun 
                safe is owned by an individual other than the 
                individual named in the gun violence prevention 
                warrant, the contents of the gun safe shall not be 
                searched except in the owner's presence, or with the 
                owner's consent, or unless a valid search warrant has 
                been obtained.
                    (E) Return of firearm to rightful owner.--If any 
                individual who is not a named individual in a gun 
                violence prevention warrant claims title to a firearm 
                removed pursuant to a gun violence prevention warrant, 
                the firearm shall be returned to the lawful owner not 
                later than 30 days after the date on which the title is 
                claimed.
                    (F) Right to request a hearing.--A named individual 
                may submit 1 written request at any time during the 
                effective period of a gun violence prevention order 
                issued against the individual for a hearing for an 
                order allowing the individual to own, possess, 
                purchase, or receive a firearm.
            (7) Hearing on gun violence prevention order and gun 
        violence prevention warrant.--
                    (A) In general.--Except as provided in subparagraph 
                (E), not later than 30 days after the date on which a 
                gun violence prevention order and, when applicable, a 
                gun violence prevention warrant, is issued, the court 
                that issued the order and, when applicable, the 
                warrant, or another court in that same jurisdiction, 
                shall hold a hearing to determine whether the 
                individual who is the subject of the order may have 
                under the custody or control of the individual, own, 
                purchase, possess, or receive firearms and, when 
                applicable, whether any removed firearms should be 
                returned to the individual named in the warrant.
                    (B) Notice.--The individual named in a gun violence 
                prevention order requested to be renewed under 
                subparagraph (A) shall be given written notice and an 
                opportunity to be heard on the matter.
                    (C) Burden of proof.--
                            (i) In general.--Except as provided in 
                        clause (ii), at any hearing conducted under 
                        subparagraph (A), the State or petitioner shall 
                        have the burden of establishing probable or 
                        reasonable suspicion that the individual poses 
                        a significant risk of personal injury to the 
                        individual or others by owning or possessing 
                        the firearm.
                            (ii) Higher burden of proof.--A State may 
                        establish a burden of proof for hearings 
                        conducted under subparagraph (A) that is higher 
                        than the burden of proof required under clause 
                        (i).
                    (D) Requirements upon finding of significant risk 
                or a higher standard of risk.--If the named individual 
                is found at the hearing to pose a substantial risk or a 
                higher standard of risk of personal injury to the named 
                individual or others by owning or possessing a firearm, 
                the following shall apply:
                            (i) The firearm or firearms removed 
                        pursuant to the warrant shall be retained by 
                        the law enforcement agency for a period not to 
                        exceed 3 years.
                            (ii) The named individual shall be 
                        prohibited from owning or possessing, 
                        purchasing or receiving, or attempting to 
                        purchase or receive a firearm for a period not 
                        to exceed 1 year, a violation of which shall be 
                        considered a misdemeanor offense.
                            (iii) The court shall notify the Department 
                        of Justice and comparable State agency of the 
                        gun violence prevention order not later than 10 
                        court days after issuing the order. The court 
                        shall also notify the Department of Justice and 
                        comparable State agency of any order restoring 
                        the ability of the individual to own or possess 
                        firearms not later than 10 court days after 
                        issuing the order to restore the individual's 
                        right to own or possess any type of firearms 
                        that may be lawfully owned and possessed. Such 
                        notice shall be submitted in an electronic 
                        format, in a manner prescribed by the 
                        Department of Justice and the comparable State 
                        agency.
                            (iv) As soon as practicable after receiving 
                        a notification under clause (iii), the 
                        Department of Justice and comparable State 
                        agency shall update the background check 
                        databases of the Department and agency, 
                        respectively, to reflect--
                                    (I) the prohibitions articulated in 
                                the gun violence prevention order; or
                                    (II) an order issued to restore an 
                                individual's right to own or possess a 
                                firearm.
                    (E) Return of firearms.--If the court finds that 
                the State has not met the required standard of proof, 
                any firearm removed pursuant to the warrant shall be 
                returned to the named individual in a timely manner.
                    (F) Limitation on hearing requirement.--If an 
                individual named in a gun violence prevention warrant 
                is prohibited from owning or possessing a firearm for a 
                period of 1 year or more by another provision of State 
                or Federal law, a hearing pursuant to subparagraph (A) 
                is not required and the court shall issue an order to 
                hold the firearm until either the individual is no 
                longer prohibited from owning a firearm or the 
                individual sells or transfers ownership of the firearm 
                to a licensed firearm dealer.
            (8) Renewing gun violence prevention order and gun violence 
        prevention warrant.--
                    (A) In general.--Except as provided in subparagraph 
                (E), if a law enforcement agency, a law enforcement 
                officer, or a family or household member, has probable 
                cause to believe that an individual who is subject to a 
                gun violence prevention order continues to pose a 
                significant risk of personal injury to the named 
                individual or others by possessing a firearm, the 
                agency, law enforcement officer, or family or household 
                member may initiate a request for a renewal of the 
                order, on a form designed by the court, describing the 
                facts and circumstances necessitating the request.
                    (B) Notice.--The individual named in the gun 
                violence prevention order requested to be renewed under 
                subparagraph (A) shall be given written notice and an 
                opportunity to be heard on the matter.
                    (C) Hearing.--After notice is given under 
                subparagraph (B), a hearing shall be held to determine 
                if a request for renewal of the order shall be issued.
                    (D) Issuance of renewal.--Except as provided in 
                subparagraph (E), a State court may issue a renewal of 
                a gun violence prevention order if there is probable 
                cause to believe that the individual who is subject to 
                the order continues to pose a significant risk of 
                personal injury to the named individual or others by 
                possessing a firearm.
                    (E) Higher burden of proof.--A State may establish 
                a burden of proof for initiating a request for or 
                issuing a renewal of a gun violence prevention order 
                that is higher than the burden of proof required under 
                subparagraph (A) or (D).
                    (F) Notification.--
                            (i) In general.--The court shall notify the 
                        Department of Justice and comparable State 
                        agency of a renewal of the gun violence 
                        prevention order not later than 2 court days 
                        after renewing the order. The court shall also 
                        notify the Department of Justice and comparable 
                        State agency of any order restoring the ability 
                        of the individual to own or possess firearms 
                        not later than 2 court days after issuing the 
                        order to restore the individual's right to own 
                        or possess any type of firearms that may be 
                        lawfully owned and possessed. Such notice shall 
                        be submitted in an electronic format, in a 
                        manner prescribed by the Department of Justice 
                        and the comparable State agency.
                            (ii) Update of databases.--As soon as 
                        practicable after receiving a notification 
                        under clause (i), the Department of Justice and 
                        comparable State agency shall update the 
                        background check databases of the Department 
                        and agency, respectively, to reflect--
                                    (I) the prohibitions articulated in 
                                the renewal of the gun violence 
                                prevention order; or
                                    (II) an order issued to restore an 
                                individual's right to own or possess a 
                                firearm.
    (c) Law Enforcement Check of State Firearm Database.--Each law 
enforcement agency of the State shall establish a procedure that 
requires a law enforcement officer to, in conjunction with performing a 
wellness check on an individual, check whether the individual is listed 
on any of the firearm and ammunition databases of the State or 
jurisdiction in which the individual resides.
    (d) Confidentiality Protections.--All information provided to the 
Department of Justice and comparable State agency pursuant to 
legislation required under subsection (a) shall be kept confidential, 
separate, and apart from all other records maintained by the Department 
of Justice and comparable State agency.

SEC. 4. PAUSE FOR SAFETY GRANT PROGRAM.

    (a) In General.--The Director of the Office of Community Oriented 
Policing Services of the Department of Justice may make grants to an 
eligible State to assist the State in carrying out the provisions of 
the State legislation described in section 3.
    (b) Eligible State.--A State shall be eligible to receive grants 
under this section on and after the date on which--
            (1) the State enacts legislation described in section 3; 
        and
            (2) the Attorney General determines that the legislation of 
        the State described in paragraph (1) complies with the 
        requirements of section 3.
    (c) Use of Funds.--Funds awarded under this section may be used by 
a State to assist law enforcement agencies or the courts of the State 
in carrying out the provisions of the State legislation described in 
section 3.
    (d) Application.--An eligible State desiring a grant under this 
section shall submit to the Director of the Office of Community 
Oriented Policing Services an application at such time, in such manner, 
and containing or accompanied by such information, as the Director may 
reasonably require.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 5. FEDERAL FIREARMS PROHIBITION.

    Section 922 of title 18, United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (8)(B)(ii), by striking ``or'' at 
                the end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) is subject to a court order that prohibits such 
        person from having under the custody or control of the person, 
        owning, purchasing, possessing, or receiving any firearms.''; 
        and
            (2) in subsection (g)--
                    (A) in paragraph (8)(C)(ii), by striking ``or'' at 
                the end;
                    (B) in paragraph (9), by striking the comma at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) who is subject to a court order that prohibits such 
        person from having under the custody or control of the person, 
        owning, purchasing, possessing, or receiving any firearms,''.

SEC. 6. FULL FAITH AND CREDIT.

    Any gun violence prevention order issued under a State law enacted 
in accordance with this Act shall have the same full faith and credit 
in every court within the United States as they have by law or usage in 
the courts of such State from which they are issued.

SEC. 7. SEVERABILITY.

    If any provision of this Act, or an amendment made by this Act, or 
the application of such provision to any person or circumstance, is 
held to be invalid, the remainder of this Act, or an amendment made by 
this Act, or the application of such provision to other persons or 
circumstances, shall not be affected.
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