[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2546 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2546

    To provide grants to States to encourage the implementation and 
maintenance of firearms licensing requirements, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2018

Mr. Markey (for himself and Ms. Warren) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To provide grants to States to encourage the implementation and 
maintenance of firearms licensing requirements, 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.

    This Act may be cited as the ``Making America Safe and Secure Act 
of 2018'' or the ``MASS Act''.

SEC. 2. PURPOSE AND FINDINGS.

    (a) Purpose.--The purpose of this Act is to provide grants to 
States to encourage the implementation and maintenance of firearms 
licensing requirements.
    (b) Findings.--Congress finds the following:
            (1) There is an epidemic of gun violence in the United 
        States. In 2016, more than 38,000 lives were lost to gun 
        violence in the United States. Gun homicide rates in the United 
        States are 25.2 times higher than those in other high-income 
        countries.
            (2) Firearms account for over 50 percent of suicides and 66 
        percent of homicides.
            (3) Since 1994, Massachusetts has lowered its gun death 
        rate by 40 percent by enacting strong gun safety measures, 
        including firearms licensing requirements.
            (4) Researchers at Boston Children's Hospital and the 
        Harvard T.H. Chan School of Public Health found that States 
        with more gun laws have fewer gun-related deaths. Massachusetts 
        has the lowest gun death rate in the country.

SEC. 3. FIREARMS LICENSING.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at 
the end the following:

                     ``PART NN--FIREARMS LICENSING

``SEC. 3041. DEFINITIONS.

    ``(a) In General.--In this part--
            ``(1) the term `prohibited individual' means an individual 
        who is categorically ineligible to receive a firearms license 
        or firearms dealer license;
            ``(2) the term `suitable' means that an individual does not 
        create a risk to public safety; and
            ``(3) the term `thorough background check' means conducting 
        a Federal and State background check, which may include a 
        fingerprint-based background check.
    ``(b) Prohibited Individuals.--For purposes of this part, a State--
            ``(1) shall establish standards for categorizing an 
        individual as a prohibited individual for purposes of receiving 
        a--
                    ``(A) firearms license; or
                    ``(B) firearms dealer license;
            ``(2) in establishing standards with respect to a firearms 
        license under paragraph (1)(A), shall take into consideration--
                    ``(A) criminal history, including youthful offender 
                adjudications;
                    ``(B) whether an individual has been--
                            ``(i) deemed a danger to himself or herself 
                        or other individuals by a court or authorized 
                        administrative body; or
                            ``(ii) committed to a hospital or 
                        institution as a danger to himself or herself 
                        or other individuals;
                    ``(C) current or chronic alcohol or substance 
                abuse;
                    ``(D) mental capacity that necessitates a guardian 
                or conservator;
                    ``(E) age;
                    ``(F) legal residency;
                    ``(G) military dishonorable discharges;
                    ``(H) permanent or temporary protection orders;
                    ``(I) outstanding arrest warrants;
                    ``(J) status as a fugitive; and
                    ``(K) renunciation of United States citizenship; 
                and
            ``(3) in establishing standards with respect to a firearms 
        dealer license under paragraph (1)(B), shall take into 
        consideration--
                    ``(A) criminal history, including youthful offender 
                adjudications;
                    ``(B) age; and
                    ``(C) legal residency.

``SEC. 3042. GRANTS AND CONDITIONS.

    ``(a) Grants Authorized.--The Assistant Attorney General may make 
grants to States to implement or maintain firearms licensing 
requirements.
    ``(b) Terms and Conditions.--
            ``(1) Duration of grants.--A grant under subsection (a) 
        shall be for a period of 3 fiscal years.
            ``(2) Maximums.--The Assistant Attorney General may not 
        award more than $20,000,000 in grants (determined based on the 
        amount provided over the period of such grants) under 
        subsection (a) during each fiscal year.
    ``(c) Use of Funds for Firearms Licensing.--
            ``(1) Activities.--Amounts received under a grant under 
        subsection (a) shall be used for the development or maintenance 
        of firearms licensing requirements, which shall incorporate and 
        implement the elements described in paragraph (2).
            ``(2) Elements.--The elements described in this paragraph 
        are those requiring that--
                    ``(A) all firearms owners have a firearms license--
                            ``(i) at the time of the purchase, rental, 
                        or lease of firearms or ammunitions; and
                            ``(ii) during the entire period of firearm 
                        ownership;
                    ``(B) any person who sells ammunition or sells, 
                rents, or leases a minimum number of firearms in a 
                calendar year, as determined by the State, shall obtain 
                a firearms dealer license;
                    ``(C) the chief of police or the board or officer 
                having control of the police department of a local 
                government, or a designee, functions as the licensing 
                authority;
                    ``(D) for a firearms license, the licensing 
                authority shall--
                            ``(i) conduct a thorough background check, 
                        which may include--
                                    ``(I) conducting an interview with 
                                the applicant; and
                                    ``(II) requiring the submission of 
                                letters of reference stating that the 
                                applicant is of sound mind and 
                                character; and
                            ``(ii) make a determination of suitability;
                    ``(E) a first-time firearms license applicant shall 
                complete safety training;
                    ``(F) the licensing authority, not later than 40 
                days after the date on which the application is 
                submitted, shall--
                            ``(i) deny the application and notify the 
                        applicant of the reason for such denial in 
                        writing; or
                            ``(ii) approve the application and issue 
                        the license if the possession of a firearm by 
                        the applicant would not be in violation of 
                        Federal, State, or local law;
                    ``(G) the licensing authority may revoke, suspend, 
                or deny the issuance or renewal of a firearms license 
                if--
                            ``(i) in a reasonable exercise of 
                        discretion, the licensing authority determines 
                        that the applicant or licensee is unsuitable to 
                        be issued or to continue to hold a license; and
                            ``(ii) the determination of suitability 
                        described in clause (i) is based on evidence 
                        that there exists--
                                    ``(I) reliable and credible 
                                information that the applicant has 
                                exhibited or engaged in behavior to 
                                suggest that the individual could 
                                potentially create a risk to public 
                                safety; or
                                    ``(II) factors that suggest that, 
                                if issued a license, the individual 
                                could potentially create a risk to 
                                public safety;
                    ``(H) upon denial of an application or renewal of a 
                firearms license, or upon revoking or suspending a 
                firearms license, based on a determination of 
                unsuitability described in subparagraph (G), the 
                applicant or licensee shall be notified in writing, 
                setting forth the specific reasons for the 
                determination;
                    ``(I) any applicant or holder of a firearms license 
                aggrieved by a denial, suspension, or revocation of a 
                license may, within a reasonable time period, file a 
                petition to obtain judicial review in the relevant 
                court having jurisdiction in the unit of local 
                government in which--
                            ``(i) the applicant filed the application; 
                        or
                            ``(ii) the license was issued;
                    ``(J) in the case of judicial review of a denial, 
                revocation, or suspension under subparagraph (I), the 
                court may order a license to be issued or reinstated to 
                the petitioner if the court finds--
                            ``(i) no reasonable ground for denying, 
                        revoking, or suspending the license; and
                            ``(ii) that the petitioner is not 
                        prohibited by law from possessing a license;
                    ``(K) upon revocation, suspension, or denial of a 
                firearms license, the individual whose license was so 
                revoked, suspended, or denied shall surrender all 
                firearms and ammunition in the possession of the 
                individual to the licensing authority, unless an appeal 
                of the revocation or suspension is pending;
                    ``(L) for a firearms dealer license, the licensing 
                authority shall conduct an investigation into the 
                criminal history of the applicant, which may include--
                            ``(i) an interview with the applicant; and
                            ``(ii) a fingerprint-based background 
                        check;
                    ``(M) a firearms dealers licensee shall--
                            ``(i) maintain a permanent place of 
                        business and ensure that the permanent place of 
                        business is--
                                    ``(I) not a residence or dwelling;
                                    ``(II) the same location identified 
                                on the licensee's license;
                                    ``(III) the only location wherein 
                                all transactions are conducted; and
                                    ``(IV) the location wherein all 
                                records required to be kept shall be so 
                                kept;
                            ``(ii) submit to 1 mandatory record and 
                        inventory inspection by a licensing authority 
                        per year;
                            ``(iii) maintain a sales record book that 
                        shall remain open to inspection by the 
                        appropriate law enforcement agency at all 
                        times, and shall include, with respect to each 
                        transfer of a firearm--
                                    ``(I) a complete description of the 
                                firearm, including the make, serial 
                                number, and type;
                                    ``(II) the transferor's license 
                                information;
                                    ``(III) the transferees's license 
                                information;
                                    ``(IV) the date of transfer;
                                    ``(V) the sex, address of 
                                residence, and occupation of the 
                                transferee; and
                                    ``(VI) the signature of the 
                                transferee;
                            ``(iv) conduct a pre-employment background 
                        check on each potential employee to determine 
                        the suitability of any potential employee who 
                        may have direct and unmonitored contact with 
                        firearms; and
                            ``(v) comply with all applicable Federal, 
                        State, and local laws;
                    ``(N) any individual denied a firearms dealer 
                license may, within a reasonable time period, apply to 
                State officials who may direct a licensing authority to 
                grant a license if, after a hearing, State officials 
                are satisfied that--
                            ``(i) there were no reasonable grounds for 
                        the refusal to grant such a license; and
                            ``(ii) the applicant was not barred by the 
                        provisions of law from holding such a license;
                    ``(O)(i) the licensing authority may suspend or 
                revoke a firearms dealer license if--
                            ``(I) licensing authority officials provide 
                        due notice to the licensee and reasonable 
                        opportunity for the licensee to be heard; and
                            ``(II) there exists satisfactory proof that 
                        the licensee has violated a condition of 
                        holding a firearms dealers license, permitted a 
                        violation of holding a firearms license, or has 
                        been convicted of a felony; and
                    ``(ii) the pendency of proceedings before a court 
                shall not suspend or interfere with the authority 
                described in clause (i);
                    ``(P) a firearms dealer licensee that has a license 
                revoked under subparagraph (O) may not receive a 
                firearms dealer license during the 1-year period 
                beginning on the date on which the revoked license 
                would have expired;
                    ``(Q) the State shall promulgate rules and 
                regulations to ensure the prompt collection, exchange, 
                dissemination, and distribution of information 
                pertaining to the issuance, renewal, expiration, 
                suspension, and revocation of licenses;
                    ``(R) the State shall establish standards that are 
                consistent with Federal and State law--
                            ``(i) governing firearm transfers; and
                            ``(ii) for identifying prohibited 
                        individuals, in accordance with section 
                        3041(b);
                    ``(S) firearms dealers and private sellers shall 
                verify the validity of a license before the sale, 
                rental, or lease of any firearm or ammunition;
                    ``(T) firearms dealers and private sellers shall 
                report all firearm sales, rentals, and leases to State 
                authorities;
                    ``(U) firearms dealers shall notify the licensing 
                authority when presented with an invalid or expired 
                license;
                    ``(V) any licensee from whom a firearm is lost or 
                stolen shall report such loss or theft to the licensing 
                authority and State authority;
                    ``(W) all firearms licensees and firearms dealer 
                licensees shall renew their licenses on a timeframe 
                established by the State;
                    ``(X) an individual may not use the firearms 
                license of the individual to purchase a firearm for--
                            ``(i) the unlawful use of the firearm by 
                        another; or
                            ``(ii) the resale or other transfer of the 
                        firearm to an unlicensed individual; and
                    ``(Y)(i) it shall be unlawful to store or keep any 
                firearm in any place unless such weapon is secured in a 
                locked container or equipped with a tamper-resistant 
                mechanical lock or other safety device, properly 
                engaged so as to render such weapon inoperable by any 
                person other than the owner or other lawfully 
                authorized user; and
                    ``(ii) for purposes of clause (i), a firearm shall 
                not be considered to be stored or kept if carried by or 
                under the control of the owner or other lawfully 
                authorized user.
    ``(d) Grant Preferences.--
            ``(1) Priorities.--In awarding grants under this section, 
        the Attorney General shall give priority to any State that has 
        incorporated and implemented the elements described in 
        paragraph (2).
            ``(2) Elements.--The elements described in this paragraph 
        are those requiring that--
                    ``(A) all firearms dealers licensees shall--
                            ``(i) provide training for employees upon 
                        hiring, and not less frequently than once a 
                        year thereafter, according to standards 
                        established by the State;
                            ``(ii) develop a security plan for the 
                        place of business that includes--
                                    ``(I) adequate locking and storage 
                                of firearms and firearm purchase 
                                records;
                                    ``(II) exterior lighting;
                                    ``(III) surveillance cameras;
                                    ``(IV) an alarm system; and
                                    ``(V) other appropriate anti-theft 
                                measures and practices for during and 
                                after business hours;
                            ``(iii) submit to the licensing authority 
                        an annual report of the safety and compliance 
                        record of the place of business, which shall 
                        include--
                                    ``(I) the total number of guns 
                                traced to the place of business during 
                                the 12-month period preceding the 
                                report, broken down by month;
                                    ``(II) the number of known straw 
                                purchases either attempted or completed 
                                during the 12-month period preceding 
                                the report, broken down by month; and
                                    ``(III) the number of violations 
                                cited by the Bureau of Alcohol, 
                                Tobacco, Firearms, and Explosives 
                                during the 12-month period preceding 
                                the report;
                            ``(iv) videotape (including audio) or 
                        electronically record (including audio) the 
                        point-of-sale of all firearms transactions and 
                        maintain the videos or electronic recordings 
                        for not less than 5 years;
                            ``(v) annually review and update compliance 
                        policies, procedures, and training materials; 
                        and
                            ``(vi) perform background checks for 
                        private sellers for a reasonable fee;
                    ``(B) the State established standards for how to 
                properly respond to straw purchasers and firearms 
                traffickers; and
                    ``(C) the State established standards for storing 
                ammunition in a locked container separate from any 
                firearms.
    ``(e) Annual Report.--Each State receiving a grant under this 
section shall submit to the Assistant Attorney General, for each fiscal 
year during which the State expends amounts received under the grant, a 
report, at such time and in such manner as the Assistant Attorney 
General may reasonably require, that contains--
            ``(1) a summary of the activities carried out using amounts 
        made available under the grant;
            ``(2) an assessment of whether the activities are achieving 
        the elements described in subsection (c)(2); and
            ``(3) such other information as the Assistant Attorney 
        General may require.
    ``(f) Limitations on the Allocation of Funds.--Of the amount made 
available to carry out this section in any fiscal year--
            ``(1) not more than 2 percent may be used by the Assistant 
        Attorney General for salaries and administrative expenses; and
            ``(2) not more than 25 percent may be used for technical 
        assistance, training, and evaluation.
    ``(g) GAO Report.--Not later than 2 years after the date of 
enactment of this part, the Comptroller General of the United States 
shall submit to Congress a report evaluating whether States have been 
able to effectively adopt firearm licensing requirements.
    ``(h) Reallocation of Appropriations.--A recipient of a grant under 
subsection (a) shall return to the Assistant Attorney General any 
amounts received under a grant under subsection (a) that are not 
expended for a purpose described in this section.''.
    (b) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
10261(a)) is amended by adding at the end the following:
    ``(28) There are authorized to be appropriated to carry out part NN 
$20,000,000 for each of fiscal years 2019 through 2023.''.
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