[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4836 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4836
To amend chapter 44 of title 18, United States Code, to require the
safe storage of firearms, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2021
Mr. McEachin introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 44 of title 18, United States Code, to require the
safe storage of 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.
This Act may be cited as ``Firearm Owners Responsibility and Safety
Act''.
SEC. 2. SECURE GUN STORAGE OR SAFETY DEVICE.
Section 922(z) of title 18, United States Code, is amended by
adding at the end the following:
``(4) Secure gun storage by owners.--
``(A) Offense.--
``(i) In general.--It shall be unlawful for
a person to keep, leave, or store any unsecured
firearm that has moved in, or that has
otherwise affected, interstate or foreign
commerce, unless the person carries the firearm
on his or her person or within such close
proximity thereto that the person can readily
retrieve and use the firearm as if the person
carried the firearm on his or her person.
``(ii) Unsecured firearm.--In clause (i),
the term `unsecured firearm' means a firearm
that is not secured by a secure gun storage or
safety device.
``(B) Private right of action.--
``(i) In general.--An individual who is
injured as a result of a violation of
subparagraph (A) (or, in the case of an
individual who has died as a result of such a
violation, a member of the family of, or the
estate of, the individual) may bring a civil
action against the violator or any other person
who, when the violation occurred, was in
control of any premises on which the violation
occurred if the violator knew or should have
known that there was an unsecured firearm on
the premises, in a court of competent
jurisdiction, for compensatory and punitive
damages, injunctive and declaratory relief, and
such other relief as the court deems
appropriate.
``(ii) Joint and several liability.--In an
action described in clause (i), the liability
of all defendants shall be joint and several.
``(iii) Rule of interpretation.--For
purposes of any determination of liability
covered by any contract of insurance entered
into after the date of the enactment of this
subparagraph, a violation of subparagraph (A)
shall not solely be considered an intentional
action.
``(iv) No effect on state law.--This
subparagraph shall not be interpreted to
preempt, supplant, or displace any claim
brought under State statutory law or common
law.''.
SEC. 3. FIREARM SAFE STORAGE PROGRAM.
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 OO--FIREARM SAFE STORAGE PROGRAM
``SEC. 3051. FIREARM SAFE STORAGE PROGRAM.
``(a) In General.--The Assistant Attorney General shall make grants
to an eligible State or Indian Tribe to assist the State or Indian
Tribe in carrying out the provisions of any State or Tribal law that is
functionally identical to section 922(z)(4) of title 18, United States
Code.
``(b) Eligible State or Indian Tribe.--
``(1) In general.--Except as provided in paragraph (2), a
State or Indian Tribe shall be eligible to receive grants under
this section on and after the date on which the State or Indian
Tribe--
``(A) enacts legislation functionally identical to
section 922(z)(4) of title 18, United States Code; and
``(B) the attorney general of the State (or
comparable Tribal official) submits a written
certification to the Assistant Attorney General stating
that the law of the State or Indian Tribe is consistent
with the requirements under section 922(z)(4)(D) of
such title 18.
``(2) First year eligibility exception.--
``(A) In general.--A covered State or Indian Tribe
shall be eligible to receive a grant under this section
during the 1-year period beginning on the date of
enactment of this part.
``(B) Covered state or indian tribe.--In this
paragraph, the term `covered State or Indian Tribe'
means a State or Indian Tribe that, before the date of
enactment of this part, enacted legislation--
``(i) that is functionally identical to
section 922(z)(4) of title 18, United States
Code; and
``(ii) for which the attorney general of
the State (or comparable Tribal official)
submits a written certification to the
Assistant Attorney General stating that the law
of the State or Indian Tribe is consistent with
the requirements under section 922(z)(4)(D) of
such title 18.
``(c) Use of Funds.--Funds awarded under this section may be used
by a State or Indian Tribe to assist law enforcement agencies or the
courts of the State or Indian Tribe in enforcing and otherwise
facilitating compliance with any State law functionally identical to
section 922(z)(4), of title 18, United States Code.
``(d) Application.--An eligible State or Indian Tribe desiring a
grant under this section shall submit to the Assistant Attorney General
an application at such time, in such manner, and containing or
accompanied by such information, as the Assistant Attorney General may
reasonably require.
``(e) Incentives.--For each of fiscal years 2019 through 2023, the
Attorney General shall give affirmative preference to all Bureau of
Justice Assistance discretionary grant applications of a State or
Indian Tribe that has enacted legislation--
``(1) functionally identical to section 922(z)(4) of title
18, United States Code; and
``(2) for which the attorney general of the State (or
comparable Tribal official) submits a written certification to
the Assistant Attorney General stating that the law of the
State or Indian Tribe is consistent with the requirements under
section 922(z)(4)(D) of such title 18.''.
SEC. 4. REPEAL OF CERTAIN PROVISIONS OF THE PROTECTION OF LAWFUL
COMMERCE IN ARMS ACT.
Sections 2 through 4 of the Protection of Lawful Commerce in Arms
Act (15 U.S.C. 7901-7903) are repealed.
SEC. 5. DISCOVERY AND ADMISSIBILITY OF GUN TRACE INFORMATION IN CIVIL
PROCEEDINGS.
The contents of the Firearms Trace System database maintained by
the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms
and Explosives shall not be immune from legal process, shall be subject
to subpoena or other discovery, shall be admissible as evidence, and
may be used, relied on, or disclosed in any manner, and testimony or
other evidence may be permitted based on the data, on the same basis as
other information, in a civil action in any State (including the
District of Columbia) or Federal court or in an administrative
proceeding.
SEC. 6. REPORT ON IMPLEMENTATION.
Not later than 2 years after the date of enactment of this Act, and
annually thereafter, the Attorney General shall submit a report to
Congress on the implementation of this Act and the amendments made by
this Act, including a disaggregation of the application of such
amendments to individuals by sex, race, age, ethnicity, national
origin, and English language proficiency.
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.
<all>