118 HR 3212 IH: Shall Not Be Infringed Act of 2023
U.S. House of Representatives
2023-05-11
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EN
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I
118th CONGRESS
1st Session
H. R. 3212
IN THE HOUSE OF REPRESENTATIVES
May 11, 2023
Mrs. Boebert (for herself, Mrs. Miller of Illinois, Mr. Nehls, Mr. Norman, Mr. Ogles, Mr. Donalds, Mr. Gosar, Mr. Duncan, Mr. Davidson, Mrs. Harshbarger, Mr. Brecheen, Mr. Bishop of North Carolina, Mr. Rosendale, and Mr. Weber of Texas) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Armed Services, Veterans' Affairs, Energy and Commerce, and Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To repeal each gun control measure enacted by the 117th Congress, and for other purposes.
1.

Short title
(a)

Short title
This Act may be cited as the “Shall Not Be Infringed Act of 2023”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Repealing gun control appropriations for fiscal year 2023 and other provisions.
Sec. 3. Repeal of the unconstitutional compromise by Senators Cornyn and Murphy.
Sec. 4. Repeal of the NICS Denial Notification Act of 2022.
Sec. 5. Repeal of special assistant U.S. Attorneys and cross-deputized attorneys enforcing Federal gun control laws.
Sec. 6. Repeal of unconstitutional pilot program on safe storage of personally owned firearms.
2.

Repealing gun control appropriations for fiscal year 2023 and other provisions
(a)

Eliminating ATF budget increase
Of the unobligated balances of the amounts made available under the heading “salaries and expenses” under the heading “Bureau of Alcohol, Tobacco, Firearms and Explosives” under title II of division B of Public Law 117–328, $140,929,000 is rescinded.
(b)

Preventing gun registry expansion
No funds made available to the Bureau of Alcohol, Tobacco, Firearms and Explosives under Public Law 117–328, or any other Act, may be used to consolidate firearms tracing applications through an eTrace modernization effort with enhanced data sharing capabilities.
(c)

Protecting veterans from gun confiscation
No Federal funds, including amounts made available for medical centers of the Department of Veterans Affairs, may be used on programs or protocols on firearm safety and storage or gun confiscation laws (also known as “extreme risk protection” orders and “red flag” laws) or similar gun safety laws including by collaboration with State or local law enforcement or health officials of any State.
(d)

Protecting veterans access to firearms
No Federal funds, including amounts made available for the Department of Veterans Affairs, may used to evaluate or implement a firearm storage program for firearms, including any program under which individuals will be asked how they store their firearms.
(e)

Preventing the Department of Education from violating the privacy of gun owning parents
The Department of Education shall cease any program related to secure firearm storage, including any efforts by the Department of Education to offer support to Federal agencies that are leading efforts relating to secure household firearm storage.
(f)

Preventing HHS from implementing gun confiscation policies or promoting reduced access to the Second Amendment
The Secretary of Health and Human Services—
(1)
shall immediately cease carrying out any program relating to access to firearms, including any program carried out by the Substance Abuse and Mental Health Services Administration that limits, or promotes limited access to, firearms; and
(2)
shall not establish, promote, maintain, or receive gun storage maps for any purpose, such as to facilitate out-of-home firearm storage or encourage the creation or use of gun confiscation laws, also known as “red flag” orders or “extreme risk” laws.
(g)

Reducing ATF benefits
Section 3201 of the Crime Control Act of 1990 (28 U.S.C. 509 note) is amended—
(1)
by striking “the Federal Prison System, the Bureau of Alcohol, Tobacco, Firearms and Explosives, or the United States Marshals Service” and inserting “or the Immigration and Naturalization Service”; and
(2)
by striking “$50,000” and inserting “$25,000”.
(h)

Rescission of unused gun control earmark funding
Of the amounts made available under paragraph (1)(Q) of the matter under the heading “Office of Justice Programs” under the heading “Office of Justice Programs” under title II of division B of the Consolidated Appropriations Act, 2023 (Public Law 117–328), the unobligated balances of the amounts made available for the following, as described in House Report 117–395 or the document of the Committee on Appropriations of the Senate entitled “Commerce, Justice, Science and Related Agencies [Community Project Spending/Congressionally Directed Spending]” and dated December 19, 2022, are rescinded:
(1)
$1,200,000 to Shaphat Outreach for a project entitled “No Shots Fired”.
(2)
$120,000 to Full Gospel Christian Assemblies International for a project entitled “Orchid Healing Circles for Victims of Gun Violence”.
(3)
$750,000 to the Lake County State's Attorney for the project entitled “Lake County Gun Violence Prevention Initiative”.
(4)
$4,600,000 to the City of Hampton for a project entitled “Hampton Gun Violence Intervention Program”.
(5)
$760,000 to the City of Newport News for a project entitled “Gun Violence and Violent Crime Reduction Initiative”.
(6)
$67,000 to Congregations Organized for a New Connecticut for a project entitled “Fostering Greater Gun Safety in the New Haven Area”.
(7)
$237,000 to the Regional Youth Adult and Social Action Partnership for a project entitled “Bridgeport Gun Violence Prevention”.
(8)
$350,000 to the City of Chicago for a project entitled “Assistance to Chicagoans Who Become Disabled As a Result of Gun and Community Violence”.
(9)
$1,000,000 to the Providence Police Department for a project entitled “Crime and Gun Violence Reduction Initiative”.
(10)
$830,000 to the City of Vallejo for a project entitled “The Vallejo Gun Violence Prevention Initiative”.
(11)
$1,000,000 to University of New Haven for a project entitled “Community-Based Gun Violence Reduction Project at the University of New Haven”.
(i)

Preventing anti-Gun activism by CDC and NIH
(1)

In general
The Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health shall not fund or carry out any research relating to firearm injury or mortality prevention that treats crime as a public health epidemic, including advocating, promoting, or studying firearm-related restrictions or policies; firearm disenfranchisement, bans, confiscation, or registration, or other gun control measures; and any other restriction on firearms or other self defense tools.
(2)

Protection for non-political research
The Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health may carry out research on medical procedures, practices, treatments, medicines, and therapies related to firearm injuries and recovery.
(j)

Gun rights are women's rights
(1)

In general
The Director of the Office on Violence Against Women may not carry out an initiative to reduce the lethality of firearms.
(2)

Second amendment exercise
This subsection shall not be construed to prevent the encouragement and training of women to exercise the right to self defense protected under the Second Amendment to the Constitution of the United States.
(k)

Preventing misuse of community violence intervention initiatives
Amounts appropriated under Federal law may not be used for community violence intervention and prevention in a manner that results in the denial, without due process, of the exercise of the right of an individual under the Second Amendment to the Constitution of the United States.
(l)

Preventing the targeting of patriots as domestic violent extremists
(1)

In general
Amounts appropriated under Federal law may not be used to investigate a citizen of the United States or an organization based solely on—
(A)
patriotism;
(B)
the belief that gun control is unconstitutional or a violation of the Second Amendment to the Constitution of the United States; or
(C)
reference to, affiliation with, or promotion of—
(i)
the Revolutionary War; or
(ii)
founding era ideology, imagery, symbols, or quotes, including—
(I)
the Gadsden flag;
(II)
the Liberty Tree;
(III)
the Betsy Ross flag;
(IV)
Minutemen; or
(V)
the Second Amendment to the Constitution of the United States.
(2)

Rule of construction
This subsection shall not be construed to prevent the education of lawmakers and employees or agents of a Federal, State or local governmental agency about the text and history of the Second Amendment to the Constitution of the United States.
3.

Repeal of the unconstitutional compromise by Senators Cornyn and Murphy
(a)

Section 12001 of the Bipartisan Safer Communities Act
(1)

United States Code
Section 922 of title 18, United States Code, is amended—
(A)
in subsection (d)—
(i)
in the matter preceding paragraph (1), by striking “, including as a juvenile”; and
(ii)
in paragraph (4), by striking “at 16 years of age or older”; and
(B)
in subsection (t)—
(i)
in paragraph (1)—
(I)
in subparagraph (B)(ii)—
- (aa)
by striking “subject to subparagraph (C)”; and
- (bb)
by adding “and” at the end;
(II)
by striking subparagraph (C); and
(III)
by redesignating subparagraph (D) as subparagraph (C);
(ii)
in paragraph (2)—
(I)
by striking “transfer or”; and
(II)
by striking “(d), (g), or (n) (as applicable)” and inserting “(g) or (n)”;
(iii)
in paragraph (4)—
(I)
by striking “transfer of a firearm to or”; and
(II)
by striking “(d), (g), or (n) (as applicable)” and inserting “(g) or (n)”; and
(iv)
in paragraph (5)—
(I)
by striking “transfer of a firearm to or”; and
(II)
by striking “(d), (g), or (n) (as applicable)” and inserting “(g) or (n)”.
(2)

NICS requirements
(A)

Brady Handgun Violence Prevention Act
Section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) is amended by striking subsection (l).
(B)

Report on Removing Outdated, Expired, or Erroneous Records
Section 12001(b) of the Bipartisan Safer Communities Act (34 U.S.C. 40910 note; Public Law 117–159) is repealed.
(b)

Section 12002 of the Bipartisan Safer Communities Act
Section 921(a) of title 18, United States Code, is amended—
(1)
in paragraph (21)(C), by striking “to predominantly earn a profit” and inserting “with the principal objective of livelihood and profit”;
(2)
by striking paragraph (22); and
(3)
by redesignating paragraphs (23) through (30) as paragraphs (22) through (29), respectively.
(c)

Section 12003 of the Bipartisan Safer Communities Act
(1)

Byrne JAG Program
Section 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended—
(A)
in the matter preceding subparagraph (A), by striking “or civil proceedings”; and
(B)
by striking subparagraph (I).
(2)

Annual Report on Crisis Intervention Programs
Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152) is amended by striking subsection (h).
(d)

Section 12005 of the Bipartisan Safer Communities Act
(1)

Defining “dating relationship”
Section 921(a) of title 18, United States Code, is amended—
(A)
in paragraph (33)(A)(ii)—
(i)
by striking “by a person similarly” and inserting “or by a person similarly”; and
(ii)
by striking “, or by a person who has a current or recent former dating relationship with the victim”; and
(B)
by striking paragraph (37).
(2)

Eliminating unconstitutional prohibited person category
Not later than 30 days after the date of enactment of this Act, the Attorney General shall—
(A)
remove each name added to the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) between June 25, 2022, and the date of enactment of this Act as a result of the amendments made under section 12005(a) of the Bipartisan Safer Communities Act (Public Law 117–159; 136 Stat. 1332); and
(B)
certify to Congress that the Attorney General has made the removal required under subparagraph (A).
(3)

Limitations on convictions of crimes of domestic violence with respect to dating relationships
Section 921(a)(33) of title 18, United States Code, is amended—
(A)
in subparagraph (A), in the matter preceding clause (i), by striking “subparagraphs (B) and (C)” and inserting “subparagraph (C)”; and
(B)
by striking subparagraph (C).
(e)

Section 13401 of the Bipartisan Safer Communities Act
Section 8526 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7906) is amended—
(1)
in paragraph (5), by inserting “or” at the end;
(2)
in paragraph (6), by striking “; or” at the end and inserting a period; and
(3)
by striking paragraph (7).
4.

Repeal of the NICS Denial Notification Act of 2022
(1)

United States Code
Title 18, United States Code, is amended—
(A)
in section 921(a), by striking paragraph (36); and
(B)
in Chapter 44—
(i)
by striking section 925B; and
(ii)
by striking section 925C.
(2)

Clerical amendments
The table of sections for chapter 44 of title 18, United States Code, is amended—
(A)
by striking the item related to section 925B; and
(B)
by striking the item related to section 925C.
5.

Repeal of special assistant U.S. Attorneys and cross-deputized attorneys enforcing Federal gun control laws
(a)

In general
Chapter 44 of title 18, United States Code, is amended by striking section 925D.
(b)

Clerical amendment
The table of sections for chapter 44 of title 18, United States Code, is amended by striking the item relating to section 925D.
6.

Repeal of unconstitutional pilot program on safe storage of personally owned firearms
Section 595 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is repealed.