[Congressional Record Volume 165, Number 167 (Tuesday, October 22, 2019)]
[Senate]
[Pages S6044-S6045]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 959. Mr. BLUMENTHAL (for himself and Mr. Murphy) submitted an
amendment intended to be proposed to amendment SA 948 proposed by Mr.
Shelby to the bill H.R. 3055, making appropriations for the Departments
of Commerce and Justice, Science, and Related Agencies for the fiscal
year ending September 30, 2020, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title II of division A, insert
the following:
SEC. __. ETHAN'S LAW.
(a) Short Title.--This section may be cited as ``Ethan's
Law''.
(b) Findings.--Congress finds the following:
(1) An estimated 4,600,000 minors in the United States live
in homes with at least 1 unsecured firearm.
(2) 73 percent of children under the age of 10 living in
homes with firearms reported knowing the location of their
parents' firearms. 36 percent of those children reported
handling their parents' unsecured firearms.
(3) The presence of unsecured firearms in the home
increases the risk of unintentional and intentional
shootings. Over 75 percent of firearms used in youth suicide
attempts and unintentional firearm injuries were stored in
the residence of the victim, a relative, or a friend.
(4) The United States Secret Service and the Department of
Education report that in 65 percent of deadly school
shootings the attacker obtained the firearm from his or her
own home or that of a relative.
(5) In the last decade nearly 2,000,000 firearms have been
reported stolen. In 2016 alone, 238,000 firearms were
reported stolen in the United States. Between 2010 and 2016,
police recovered more than 23,000 stolen firearms across
jurisdictions that were used to commit kidnappings, armed
robberies, sexual assaults, murders, and other violent
crimes.
(6) Higher levels of neighborhood gun violence drive
depopulation, discourages commercial activity, and decreases
property values, resulting in fewer business establishments,
fewer jobs, lower home values, and lower home ownership
rates.
(7) The negative economic impact of gun violence in
communities is tied directly to the national economy and
interstate commerce.
(8) Congress has the power under the interstate commerce
clause and other provisions of the Constitution of the United
States to enact measures ensuring firearms are securely
stored.
(c) 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.--Except as provided in clause (ii), it
shall be unlawful for a person to store or keep any firearm
that has moved in, or that has otherwise affected, interstate
or foreign commerce on the premises of a residence under the
control of the person if the person knows, or reasonably
should know, that--
``(I) a minor is likely to gain access to the firearm
without the permission of the parent or guardian of the
minor; or
``(II) a resident of the residence is ineligible to possess
a firearm under Federal, State, or local law.
``(ii) Exception.--Clause (i) shall not apply to a person
if the person--
``(I) keeps the firearm--
``(aa) secure using a secure gun storage or safety device;
or
``(bb) in a location which a reasonable person would
believe to be secure; or
``(II) 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.
``(B) Penalty.--
``(i) In general.--Any person who violates subparagraph (A)
shall be fined $500 per violation.
``(ii) Enhanced penalty.--If a person violates subparagraph
(A) and a minor or a resident who is ineligible to possess a
firearm under Federal, State, or local law obtains the
firearm and causes injury or death to such minor, resident,
or any other individual, the person shall be fined under this
title, imprisoned for not more than 5 years, or both.
``(iii) Forfeiture of improperly stored firearm.--Any
firearm stored in violation of subparagraph (A) shall be
subject to seizure and forfeiture in accordance with the
procedures described in section 924(d).
``(C) Minor defined.--In this paragraph, the term `minor'
means an individual who is less than 18 years of age.''.
(d) 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 reflects the sense of Congress in 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--
[[Page S6045]]
``(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 reflects the sense of Congress in
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 reflects the sense of Congress in
section 922(z)(4)(D) of such title 18.''.
(e) Sense of Congress.--Paragraph (4) of section 922(z) of
title 18, United States Code, as added by subsection (c), is
amended by adding at the end the following:
``(D) Sense of congress relating to liability.--It is the
sense of Congress that--
``(i) failure to comply with subparagraph (A) constitutes
negligence under any relevant statute or common law rule; and
``(ii) when a violation of subparagraph (A) is the but-for
cause of a harm caused by the discharge of a firearm, such
violation should be deemed to be the legal or proximate cause
of such harm, regardless of whether such harm was also the
result of an intentional tort.''.
(f) Severability.--If any provision of this section, or an
amendment made by this section, or the application of such
provision to any person or circumstance, is held to be
invalid, the remainder of this section, or an amendment made
by this section, or the application of such provision to
other persons or circumstances, shall not be affected.
______