[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8991 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 8991

  To amend chapter 44 of title 18, United States Code, to prohibit a 
person from engaging in the business of destroying firearms unless such 
 person has received a license to do so from the Attorney General, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2024

  Mr. Schiff (for himself, Mr. Goldman of New York, Mr. Amo, and Mr. 
    Frost) 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 prohibit a 
person from engaging in the business of destroying firearms unless such 
 person has received a license to do so from the Attorney General, 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 ``Firearm Destruction Licensure Act of 
2024''.

SEC. 2. LICENSE REQUIRED TO ENGAGE IN THE BUSINESS OF DESTROYING 
              FIREARMS.

    (a) Definitions.--Section 921(a) of title 18, United States Code, 
is amended--
            (1) in paragraph (11)--
                    (A) by striking ``or (C)'' and inserting ``(C)''; 
                and
                    (B) by inserting ``, or (D) any person who is a 
                firearm destroyer'' after ``pawnbroker'';
            (2) in paragraph (21)--
                    (A) by redesignating subparagraphs (E) and (F) as 
                subparagraphs (F) and (G), respectively; and
                    (B) by inserting after subparagraph (D) the 
                following:
            ``(E) as applied to destroying firearms, engaging in a 
        business or occupation that includes receiving a firearm for 
        the purposes of destroying such firearm;''; and
            (3) by adding at the end the following:
    ``(38) The term `firearm destroyer'--
            ``(A) means any person engaged in the business of 
        destroying firearms; and
            ``(B) does not include a local law enforcement authority, 
        Federal law enforcement agency, or any other entity of a 
        Federal, State, local, or Tribal government.
    ``(39) The term `covered method of firearm destruction' means a 
method that renders a firearm and all parts, attachments, accessories, 
or other components received with such firearm unable to be restored to 
working condition and otherwise reduced to scrap.''.
    (b) Unlawful Acts.--Section 922 of title 18, United States Code, is 
amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A) by striking ``; or'' and 
                inserting a semicolon;
                    (B) in subparagraph (B) by adding ``or'' at the 
                end; and
                    (C) by adding at the end the following:
                    ``(C) except a licensed dealer to engage in the 
                business of destroying firearms;''; and
            (2) in subsection (u) by inserting ``destroying,'' after 
        ``manufacturing,''.
    (c) Licensing.--Section 923 of title 18, United States Code, is 
amended--
            (1) in subsection (a) by inserting ``destroying,'' before 
        ``or dealing'';
            (2) in subsection (d)(1)(G)--
                    (A) by striking ``that secure'' and inserting the 
                following: ``that--
                    ``(i) secure'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
                    ``(ii) if the applicant receives a firearm from a 
                local law enforcement authority, Federal law 
                enforcement agency, or any other entity of a Federal, 
                State, local, or Tribal government for the purposes of 
                destroying such firearm, the applicant will destroy 
                such firearm using a covered method of firearm 
                destruction.'';
            (3) in subsection (g)--
                    (A) in paragraph (1)(A) by inserting 
                ``destruction,'' after ``sale,''; and
                    (B) by adding at the end the following:
    ``(8)(A) Not later than 1 year after the effective date of the 
Firearm Destruction Licensure Act of 2024, and each year thereafter, 
each licensed dealer who is a firearm destroyer shall submit a report 
to the Director of the Bureau of Alcohol, Tobacco, Firearms and 
Explosives on the number of firearms the licensed dealer destroyed 
during the previous year, including the number of firearms that the 
licensed dealer--
            ``(i) received for the purposes of destroying such 
        firearms;
            ``(ii) received from a local law enforcement authority, 
        Federal law enforcement agency, or any other entity of a 
        Federal, State, local, or Tribal government and destroyed using 
        a covered method of firearm destruction; and
            ``(iii) destroyed other than pursuant to clause (ii), 
        including the number of firearms whereby the licensed dealer 
        destroyed the frame, receiver, or other part, attachment, 
        accessory, or other component of a firearm but did not render 
        all parts, attachments, accessories, or other components 
        received with such firearm unable to be restored to working 
        condition and otherwise reduced to scrap.
    ``(B) The Attorney General, acting through the Director of the 
Bureau of Alcohol, Tobacco, Firearms and Explosives, shall make 
publicly available--
            ``(i) each report submitted under subparagraph (A); and
            ``(ii) an aggregate of the information submitted under 
        subparagraph (A).''; and
            (4) by adding at the end the following:
    ``(m) A licensed dealer who receives a firearm from a local law 
enforcement authority, Federal law enforcement agency, or any other 
entity of a Federal, State, local, or Tribal government for the 
purposes of destroying such firearm shall--
            ``(1) destroy such firearm using a covered method of 
        firearm destruction, unless the licensed dealer and such entity 
        agree otherwise; and
            ``(2) make publicly available information regarding any 
        amount the licensed dealer charges a local law enforcement 
        authority, Federal law enforcement agency, or any other entity 
        of a Federal, State, local, or Tribal government to destroy 
        firearms.''.
    (d) Penalties.--Section 924(a)(5) of title 18, United States Code, 
is amended by inserting ``(a)(1)(C),'' before ``(s) or (t)''.
    (e) Grants for Destroying Firearms.--The Brady Handgun Violence 
Prevention Act (Public Law 103-159) is amended by adding at the end the 
following:

``SEC. 107. GRANTS FOR DESTROYING FIREARMS.

    ``(a) In General.--Beginning not later than 1 year after the 
effective date of the Firearm Destruction Licensure Act of 2024, the 
Attorney General, acting through the Director of the Bureau of Alcohol, 
Tobacco, Firearms and Explosives, shall award grants to eligible 
entities for the purposes of paying a licensed dealer to destroy 
firearms using a covered method of firearm destruction.
    ``(b) Definitions.--In this section:
            ``(1) Covered method of firearm destruction; licensed 
        dealer.--The terms `covered method of firearm destruction' and 
        `licensed dealer' have the meanings given such terms in section 
        921(a) of title 18, United States Code.
            ``(2) Eligible entity.--The term `eligible entity' means a 
        State, local, or Tribal government.
            ``(3) State.--The term `State' means each of the several 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be 
necessary.''.
    (f) Applicability; Rulemaking.--
            (1) Applicability.--
                    (A) In general.--The amendments made by this 
                section shall apply with respect to a dealer who 
                obtains a license under section 923 of title 18, United 
                States Code, prior to the effective date of this 
                section.
                    (B) Certification of compliance.--Not later than 
                the effective date of this section, a dealer who 
                obtains a license under section 923 of title 18, United 
                States Code, prior to the effective date of this 
                section shall submit to the Attorney General the 
                certification required under section 923(d)(1)(G)(ii) 
                of such title (as amended by this Act).
                    (C) Failure to comply.--The Attorney General may, 
                after notice and opportunity for hearing, revoke the 
                license of a dealer issued under section 923 of title 
                18, United States Code, if the holder of such license 
                willfully violates subparagraph (B).
            (2) Rulemaking.--Not later than 180 days after the date of 
        enactment of this Act, the Attorney General, acting through the 
        Director of the Bureau of Alcohol, Tobacco, Firearms and 
        Explosives, shall issue a final rule to implement this section, 
        including by prescribing--
                    (A) acceptable methods of destruction to render a 
                firearm and all parts, attachments, accessories, or 
                other components received with such firearm unable to 
                be restored to working condition and otherwise reduced 
                to scrap; and
                    (B) records or documents required to be kept by a 
                licensed dealer who is a firearm destroyer.
            (3) Definitions.--In this subsection, the terms ``dealer'', 
        ``firearm destroyer'', and ``licensed dealer'' have the 
        meanings given such terms in section 921(a) of title 18, United 
        States Code (as amended by this Act).
    (g) Effective Date.--The amendments made by this Act shall take 
effect 180 days after the date of enactment of this Act.
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