117 S4977 IS: Vote Without Fear Act U.S. Senate 2022-09-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 4977IN THE SENATE OF THE UNITED STATESSeptember 28, 2022Mr. Murphy (for himself, Mr. Blumenthal, Mr. Casey, Mrs. Feinstein, Mrs. Gillibrand, Mr. Markey, Mrs. Shaheen, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo prohibit the unauthorized possession of a firearm at a Federal election site.

1.

Short title

This Act may be cited as the Vote Without Fear Act.

2.

Prohibition on unauthorized firearm possession at a Federal election site

(a)

In general

Chapter 44 of title 18, United States Code, is amended by adding at the end the following:

935.

Prohibition on unauthorized firearm possession at a Federal election site

(a)

Definition

In this section, the term Federal election site means a building or any part thereof at which an employee of the United States, a State, or a political subdivision thereof is engaged in—(1)the administration of a polling place in an election for Federal office; or(2)the processing or counting of ballots cast in such an election.(b)

Possession of firearm near Federal election site

(1)

Offense

(A)

In general

Except as provided in subparagraph (B), it shall be unlawful for an individual to knowingly possess or cause to be present a firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site.(B)

Exceptions

Subparagraph (A) shall not apply to—(i)the possession of a firearm by a law enforcement officer employed by the United States, a State, or a political subdivision thereof, or a private security guard hired or arranged for by the owner or manager of a building in which there is a Federal election site, who is authorized by law to possess a firearm and who is on duty;(ii)the possession of a firearm in a vehicle within 100 yards of an entrance to a Federal election site, if the firearm is not removed from the vehicle or brandished while the vehicle is in, or within 100 yards of the entrance to, a Federal election site; or(iii)the otherwise lawful possession of a firearm in a place of residence, in a place of business, or on private property, in or within 100 yards of an entrance to a Federal election site.(2)

Penalty

Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 1 year, or both.(c)

Possession of firearm near Federal election site with intent for use in crime

(1)

Offense

It shall be unlawful for an individual, with intent that a firearm be used in the commission of a crime, to knowingly possess or cause to be present the firearm in, or within 100 yards of an entrance to, a place that the individual knows, or has reasonable cause to believe, is a Federal election site.(2)

Penalty

Any individual who violates paragraph (1), or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both.(d)

Homicide

An individual who kills any other individual in the course of a violation of subsection (b) or (c), or in the course of an attack on a Federal election site involving the use of a firearm, or attempts or conspires to do so, shall be punished as provided in—(1)section 1111, in the case of murder (as defined in that section);(2)section 1112, in the case of manslaughter (as defined in that section);(3)section 1113, in the case of attempt to commit murder or manslaughter (as those terms are so defined); or(4)section 1117, in the case of conspiracy to commit murder (as so defined).

.(b)

Clerical amendment

The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following:935. Prohibition on unauthorized firearm possession at a Federal election site..