118 HR 52 IH: Kimberly Vaughan Firearm Safe Storage Act
U.S. House of Representatives
2023-01-09
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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.
I
118th CONGRESS
1st Session
H. R. 52
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, 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 make unlawful the sale of any firearm by a licensed manufacturer, licensed importer, or licensed dealer without a written notice promoting safe storage and a safe storage device, to create and disseminate best practices regarding safe firearm storage, to create a grant program for the distribution of safe storage devices, and to amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices, and for other purposes.
1.

Short title
This Act may be cited as the “Kimberly Vaughan Firearm Safe Storage Act”.
2.

Best practices for safe firearm storage
(a)

Establishment
(1)

In general
(A)
Not later than 180 days after the enactment of this Act, the Attorney General shall establish voluntary best practices relating to safe firearm storage solely for the purpose of public education.
(B)
The Attorney General shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before establishing such best practices.
(2)

Requirements
In establishing the best practices required under paragraph (1), the Attorney General shall outline such best practices for preventing firearm loss, theft, and other unauthorized access for the following locations:
(A)
Businesses.
(B)
Vehicles.
(C)
Private homes.
(D)
Off-site storage facilities.
(E)
Any other such place the Attorney General deems appropriate to provide such guidance.
(3)

Publication
Not later than 1 year after the enactment of this Act, the Attorney General shall publish, in print and on a public website, the best practices created pursuant to paragraph (1) and shall review such best practices and update them not less than annually.
3.

Promotion of safe firearm storage
(a)

In general
Section 923 of title 18, United States Code, is amended by adding at the end the following:
“(m)
Beginning on January 1, 2025, licensed manufacturers and licensed importers that serialize not less than 250 firearms annually pursuant to subsection (i) shall provide a clear and conspicuous written notice with each manufactured or imported handgun, rifle, or shotgun that—
(1)
is attached or adhered to, or appears on or within any packaging of, each handgun, rifle, or shotgun; and
(2)
states “SAFE STORAGE SAVES LIVES” followed by the address of the public website established by the Attorney General pursuant to section 2 of the Kimberly Vaughan Firearm Safe Storage Act.”.
4.

Safe storage devices for all firearm sales
(a)

In general
Section 922(z) of title 18, United States Code, is amended by striking “handgun” each place it appears and inserting “handgun, rifle, or shotgun”.
(b)

Effective date
This section and the amendments made by this section shall take effect on the date that is 180 days after the enactment of this Act.
5.

Safe firearm storage grant program
(a)

In general
The Attorney General may award grants to States and Indian Tribes for the development, implementation, and evaluation of Safe Firearm Storage Assistance Programs.
(b)

Definitions
For purposes of this section:
(1)
The term safe firearm storage device means a device that is—
(A)
designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition; and
(B)
secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively.
(2)
The term Safe Firearm Storage Assistance Program means a program—
(A)
carried out by a unit of local government or an Indian tribe; and
(B)
solely for the purpose of acquiring and distributing safe firearm storage devices to the public.
(c)

Application requirements
Each applicant for a grant under this section shall—
(1)
submit to the Attorney General an application at such time, in such a manner, and containing such information as the Attorney General may require; and
(2)
to the extent practicable, identify State, local, Tribal, and private funds available to supplement the funds received under this section.
(d)

Reporting requirement
(1)

Grantee report
A recipient of a grant under this section shall submit to the Attorney General an annual report, which includes the following information:
(A)
The amount distributed to each Safe Firearm Storage Assistance Program in the jurisdiction.
(B)
The number of safe firearm storage devices distributed by each such Safe Firearm Storage Assitance Program.
A recipient of a grant under this section may not include any personally identifying information of recipients of safe firearms storage devices pursuant to a Safe Firearm Storage Assistance Program that received funding pursuant to this section.
(2)

Attorney General report
Beginning 13 months after the first grants are awarded under this section, and annually thereafter, the Attorney General shall submit to Congress a report, which shall include the following information:
(A)
A list of grant recipients during the previous year, including the funds awarded, cumulatively and disaggregated by grantee.
(B)
The information collected pursuant to subsection (d)(1).
(e)

Authorization of appropriations
There is authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of fiscal years 2023 through 2033, to remain available until expended.
(f)

Use of funds
Funds awarded under this section shall be allocated as follows:
(1)
Not less than 75 percent of the funds received by a grantee shall be used to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction.
(2)
Not more than 25 percent of the funds received by a grantee may be made available to nonprofit organizations to partner with units of local government to purchase and distribute safe firearm storage devices.
6.

Prevent family fire safe firearm storage credit
(a)

In general
Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
“45U.

Safe firearm storage credit
(a)

Allowance of credit
For purposes of section 38, the safe firearm storage credit determined under this section for the taxable year is an amount equal to 10 percent of amounts received from the first retail sale of a safe firearm storage device for use within the United States.
(b)

Limitation
(1)

In general
The amount taken into account under subsection (a) with respect to a safe firearm storage device shall not exceed $400.
(2)

Value
If, in connection with a sale of a safe firearm storage device, the transferee receives other property, the amount taken into account under subsection (a) shall be limited to the amount received solely with respect to the safe firearm storage device, which shall be determined based on the value of the safe firearm storage device relative to the value of such other property.
(c)

Safe firearm storage device
For purposes of this section—
(1)

In general
The term safe firearm storage device means a device that is—
(A)
designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition, and
(B)
secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively.
(2)

Exclusion
The term safe firearm storage device does not include—
(A)
any device which is incorporated to any extent into the design of a firearm or of ammunition, or
(B)
any device that, as of the day of the sale described in subsection (a), has been subject to a mandatory recall by the Consumer Product Safety Commission.
(3)

Firearm; ammunition
The terms firearm and ammunition have the meanings given such terms in section 921 of title 18, United States Code (without regard to all that follows “firearm silencer” in paragraph (3) of such section).
(d)

Termination
This section shall not apply to sales after December 31, 2030.”.
(b)

Credit made part of general business
Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking “plus” at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting “, plus”, and by adding at the end the following new paragraph:
“(34)
the safe firearm storage credit determined under section 45U.”.
(c)

Clerical amendment
The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:
“Sec. 45U. Safe firearm storage credit.”.
(d)

Report
The Secretary of the Treasury shall make publicly available an annual report of the total amount of credit against tax determined under section 45U of such Code for taxable years ending in the preceding calendar year, disaggregated by State.
(e)

Effective date
The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
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.