[House Report 117-346]
[From the U.S. Government Publishing Office]
117th Congress} { Report 117-346
2d Session } HOUSE OF REPRESENTATIVES { Part 1
======================================================================
PROTECTING OUR KIDS ACT
_______
June 6, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 7910]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 7910) to amend title 18, United States Code, to
provide for an increased age limit on the purchase of certain
firearms, prevent gun trafficking, modernize the prohibition on
untraceable firearms, encourage the safe storage of firearms,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 12
Background and Need for the Legislation.......................... 12
Hearings......................................................... 22
Committee Consideration.......................................... 23
Committee Votes.................................................. 23
Committee Oversight Findings..................................... 33
Committee Estimate of Budgetary Effects.......................... 33
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 33
Duplication of Federal Programs.................................. 33
Performance Goals and Objectives................................. 33
Advisory on Earmarks............................................. 33
Section-by-Section Analysis...................................... 33
Changes in Existing Law Made by the Bill, as Reported............ 37
Committee Correspondence......................................... 103
Minority Views................................................... 105
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Protecting Our Kids
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RAISE THE AGE
Sec. 101. Prohibition on Federal firearms licensee selling or
delivering certain semiautomatic centerfire rifles or semiautomatic
centerfire shotguns to a person under 21 years of age, with exceptions.
Sec. 102. Operation of the Federal Bureau of Investigation's public
access line.
TITLE II--PREVENT GUN TRAFFICKING
Sec. 201. Prohibition on straw purchases of firearms; prohibition on
gun trafficking.
Sec. 202. Prohibition on disposition of firearm to person intending
unlawful further disposition.
Sec. 203. Penalties.
Sec. 204. Firearms subject to forfeiture.
TITLE III--UNTRACEABLE FIREARMS
Sec. 301. Requirement that all firearms be traceable.
Sec. 302. Modernization of the prohibition on undetectable firearms.
TITLE IV--SAFE STORAGE
Sec. 401. Ethan's Law.
Sec. 402. Safe guns, safe kids.
Sec. 403. Kimberly Vaughan Firearm Safe Storage.
TITLE V--CLOSING THE BUMP STOCK LOOPHOLE
Sec. 501. Bump stocks.
TITLE VI--KEEP AMERICANS SAFE
Sec. 601. Definitions.
Sec. 602. Restrictions on large capacity ammunition feeding devices.
Sec. 603. Penalties.
Sec. 604. Use of Byrne grants for buy-back programs for large capacity
ammunition feeding devices.
TITLE VII--MISCELLANEOUS
Sec. 701. NICS Report.
TITLE I--RAISE THE AGE
SEC. 101. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR
DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES
OR SEMIAUTOMATIC CENTERFIRE SHOTGUNS TO A PERSON
UNDER 21 YEARS OF AGE, WITH EXCEPTIONS.
(a) In General.--Section 922(b)(1) of title 18, United States Code,
is amended to read as follows:
``(1)(A) any firearm or ammunition to any individual who the
licensee knows or has reasonable cause to believe has not
attained 18 years of age;
``(B) any semiautomatic centerfire rifle or semiautomatic
centerfire shotgun that has, or has the capacity to accept, an
ammunition feeding device with a capacity exceeding 5 rounds,
to any individual who the licensee knows or has reasonable
cause to believe has not attained 21 years of age and is not a
qualified individual; or
``(C) if the firearm or ammunition is not a semiautomatic
centerfire rifle or semiautomatic centerfire shotgun described
in subparagraph (B) and is other than a shotgun or rifle, or
ammunition for a shotgun or rifle, to any individual who the
licensee knows or has reasonable cause to believe has not
attained 21 years of age;''.
(b) Conforming Amendment.--Section 922(c)(1) of such title is amended
by striking ``in the case of any firearm'' and all that follows through
``eighteen years or more of age'' and inserting ``(1) in the case of a
semiautomatic centerfire rifle or semiautomatic centerfire shotgun that
has, or has the capacity to accept, an ammunition feeding device with a
capacity exceeding 5 rounds, I am at least 21 years of age or a
qualified individual (as defined in section 921(a)(30) of title 18,
United States Code), (2) in the case of a firearm other than a shotgun,
a rifle, or such a semiautomatic centerfire rifle or semiautomatic
centerfire shotgun, I am at least 21 years of age, or (3) in the case
of any other shotgun or rifle, I am at least 18 years of age''.
(c) Qualified Individual Defined.--Section 921(a) of such title is
amended by inserting after paragraph (29) the following:
``(30) The term `qualified individual' means--
``(A) a member of the Armed Forces on active duty; and
``(B) a full-time employee of the United States, a State, or
a political subdivision of a State who in the course of his or
her official duties is authorized to carry a firearm.
``(31) The term `ammunition feeding device' means a magazine, belt,
drum, feed strip, or similar device, but does not include an attached
tubular device which is only capable of operating with .22 caliber
rimfire ammunition.''.
SEC. 102. OPERATION OF THE FEDERAL BUREAU OF INVESTIGATION'S PUBLIC
ACCESS LINE.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of the Federal Bureau of Investigation (in
this section referred to as the ``FBI'') shall submit to the Committee
on the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report regarding operation of the FBI's
public access line.
(b) Matters Included.--The report required by subsection (a) shall,
at a minimum, include the following:
(1) A description of the protocols and procedures in effect
with respect to information-sharing between the public access
line and the field offices of the FBI.
(2) Recommendations for improving the protocols and
procedures to improve the information-sharing.
TITLE II--PREVENT GUN TRAFFICKING
SEC. 201. PROHIBITION ON STRAW PURCHASES OF FIREARMS; PROHIBITION ON
GUN TRAFFICKING.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended--
(1) in section 921(a), by adding at the end the following:
``(37) The term `family members' means spouses, domestic partners,
parents and their children, including step-parents and their step-
children, siblings, aunts or uncles and their nieces or nephews, or
grandparents and their grandchildren.''; and
(2) by adding at the end the following:
``Sec. 932. Gun trafficking
``(a) It shall be unlawful for any person (other than a licensee
under this chapter), in or otherwise affecting interstate or foreign
commerce, to knowingly purchase or acquire, or attempt to purchase or
acquire, a firearm for the possession of a third party.
``(b) It shall be unlawful for any person (other than a licensee
under this chapter), in or otherwise affecting interstate or foreign
commerce, to hire, solicit, command, induce, or otherwise endeavor to
persuade another person to purchase, or attempt to purchase, any
firearm for the purpose of obtaining the firearm for the person or
selling or transferring the firearm to a third party.
``(c) The Attorney General shall ensure that the firearm transaction
record form required to be completed in connection with a firearm
transaction includes a statement outlining the penalties that may be
imposed for violating subsection (a).
``(d) This section shall not apply to any firearm, if the purchaser
or person acquiring the firearm has no reason to believe that the
recipient of the firearm will use or intends to use the firearm in a
crime or is prohibited from purchasing or possessing firearms under
State or Federal law and the firearm--
``(1) is purchased or acquired by any person, or that any
person attempts to purchase or acquire, as a bona fide gift
between family members; or
``(2) is purchased or acquired by an agent of a lawful
business, or that an agent of a lawful business attempts to
purchase or acquire, for the purpose of transferring to another
agent of the business, for lawful use in the business.''.
(b) Forfeiture.--Section 982(a)(5) of such title is amended--
(1) in subparagraph (D), by striking ``or'' at the end; and
(2) by inserting after subparagraph (E) the following:
``(F) section 922(a)(1)(A) (related to unlicensed firearms
sales);
``(G) section 922(d) (relating to illegal gun transfers); or
``(H) section 932 (relating to gun trafficking),''.
(c) Money Laundering Amendment.--Section 1956(c)(7)(D) of such title
is amended by striking ``section 924(n)'' and inserting ``section
922(a)(1)(A), 922(d), 924(n), or 932''.
(d) Clerical Amendment.--The table of sections for such chapter is
amended by adding at the end the following:
``932. Gun trafficking.''.
SEC. 202. PROHIBITION ON DISPOSITION OF FIREARM TO PERSON INTENDING
UNLAWFUL FURTHER DISPOSITION.
Section 922(d) of title 18, United States Code, is amended in the 1st
sentence--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; or''; and
(3) by inserting after and below paragraph (9) the following:
``(10) intends to sell or otherwise dispose of the firearm or
ammunition in violation of a Federal law, or to sell or
otherwise dispose of the firearm or ammunition to a person in
another State in violation of a law of that State.''.
SEC. 203. PENALTIES.
Section 924(a) of title 18, United States Code, is amended by adding
at the end the following:
``(8) Whoever knowingly violates section 922(a)(1)(A) or 932 shall be
fined under this title, imprisoned not more than 10 years, or both.''.
SEC. 204. FIREARMS SUBJECT TO FORFEITURE.
Section 924(d) of title 18, United States Code, is amended--
(1) in paragraph (1), by inserting ``or 932'' after ``section
924''; and
(2) in paragraph (3)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) any offense under section 932.''.
TITLE III--UNTRACEABLE FIREARMS
SEC. 301. REQUIREMENT THAT ALL FIREARMS BE TRACEABLE.
(a) Definitions.--Section 921(a) of title 18, United States Code, as
amended by this Act, is further amended--
(1) in paragraph (10), by adding at the end the following:
``The term `manufacturing firearms' shall include assembling a
functional firearm or molding, machining, or 3D printing a
frame or receiver, and shall not include making or fitting
special barrels, stocks, or trigger mechanisms to firearms.'';
and
(2) by adding at the end the following:
``(38) The term `ghost gun'--
``(A) means a firearm, including a frame or receiver, that
lacks a unique serial number engraved or cast on the frame or
receiver by a licensed manufacturer or importer in accordance
with this chapter; and
``(B) does not include--
``(i) a firearm that has been rendered permanently
inoperable;
``(ii) a firearm that, not later than 30 months after
the date of enactment of this paragraph, has been
identified by means of a unique serial number, assigned
by a State agency, engraved or cast on the receiver or
frame of the firearm in accordance with State law;
``(iii) a firearm manufactured or imported before
December 16, 1968; or
``(iv) a firearm identified as provided for under
section 5842 of the Internal Revenue Code of 1986.
``(39) The term `fire control component'--
``(A) means a component necessary for the firearm to initiate
or complete the firing sequence; and
``(B) includes a hammer, bolt or breechblock, cylinder,
trigger mechanism, firing pin, striker, and slide rails.
``(40)(A) The term `frame or receiver'--
``(i) means a part of a weapon that provides or is intended
to provide the housing or structure to hold or integrate 1 or
more fire control components, even if pins or other attachments
are required to connect those components to the housing or
structure;
``(ii) includes a frame or receiver, blank, casting, or
machined body, that requires modification, including machining,
drilling, filing or molding, to be used as part of a functional
firearm, and which is designed and intended to be used in the
assembly of a functional firearm, unless the piece of material
has had--
``(I) its size or external shape altered solely to
facilitate transportation or storage; or
``(II) solely its chemical composition altered.
``(B) For purposes of subparagraph (A)(i), if a weapon with more than
1 part that provides the housing or a structure designed to hold or
integrate 1 or more fire control or essential components, each such
part shall be considered a frame or receiver, unless the Attorney
General has provided otherwise by regulation or other formal
determination with respect to the specific make and model of weapon on
or before January 1, 2023.''.
(b) Prohibition; Requirements.--Section 922 of title 18, United
States Code, is amended by adding at the end the following:
``(aa)(1)(A) Except as provided in subparagraph (B), it shall be
unlawful for any person to manufacture, sell, offer to sell, transfer,
purchase, or receive a ghost gun in or affecting interstate or foreign
commerce.
``(B) Subparagraph (A) shall not apply to--
``(i) the manufacture of a firearm by a licensed manufacturer
if the licensed manufacturer complies with section 923(i)
before selling or transferring the firearm to another person;
``(ii) the offer to sell, sale, or transfer of a firearm to,
or purchase or receipt of a firearm by, a licensed manufacturer
or importer before the date that is 30 months after the date of
enactment of this subsection; or
``(iii) transactions between licensed manufacturers and
importers on any date.
``(2) It shall be unlawful for a person other than a licensed
manufacturer or importer to engrave or cast a serial number on a
firearm in or affecting interstate or foreign commerce unless
specifically authorized by the Attorney General.
``(3) Beginning on the date that is 30 months after the date of
enactment of this subsection, it shall be unlawful for any person other
than a licensed manufacturer or importer to knowingly possess a ghost
gun in or affecting interstate or foreign commerce.
``(4) Beginning on the date that is 30 months after the date of
enactment of this subsection, it shall be unlawful for any person other
than a licensed manufacturer or importer to possess a ghost gun in or
affecting interstate or foreign commerce with the intent to sell or
transfer the ghost gun with or without further manufacturing or to
manufacture a firearm with the ghost gun.
``(5)(A) It shall be unlawful for any person to sell, offer to sell,
or transfer, in or affecting interstate or foreign commerce, to any
person other than a licensed manufacturer a machine that has the sole
or primary function of manufacturing firearms.
``(B) Except as provided in subparagraph (A), beginning on the date
that is 180 days after the date of enactment of this subsection, it
shall be unlawful for any person other than a licensed manufacturer to
possess, purchase, or receive, in or affecting interstate or foreign
commerce, a machine that has the sole or primary function of
manufacturing firearms.
``(C) Subparagraph (B) shall not apply to a person who is engaged in
the business of selling manufacturing equipment to a licensed
manufacturer who possesses a machine with the intent to sell or
transfer the machine to a licensed manufacturer.''.
(c) Requirements.--
(1) Removal of serial numbers.--Section 922(k) of title 18,
United States Code, is amended--
(A) by striking ``importer's or manufacturer's'' each
place it appears; and
(B) by inserting ``authorized by this chapter or
under State law'' before ``removed'' each place it
appears.
(2) Licensed importers and manufacturers.--Section 923(i) of
title 18, United States Code, is amended--
(A) by inserting ``(1)(A)'' before ``Licensed''; and
(B) by adding at the end the following: ``The serial
number shall be engraved or cast on the frame or
receiver in a manner sufficient to identify the firearm
and the manufacturer or importer that put the serial
number on the firearm.
``(2)(A) Not later than 180 days after the date of enactment of this
paragraph, the Attorney General shall prescribe regulations for
engraving a unique serial number onto a ghost gun.
``(B) The regulations prescribed under subparagraph (A) shall--
``(i) allow an owner of a firearm described in subparagraph
(A) to have a unique serial number engraved on the firearm by a
licensed manufacturer or importer; and
``(ii) require that a serial number be engraved on the frame
or receiver in a manner sufficient to identify the firearm and
the licensed manufacturer or importer that put the serial
number on the firearm.
``(C) The regulations authorized under this paragraph shall expire on
the date that is 30 months after the date of enactment of this
paragraph.''.
(d) Penalties.--Section 924 of title 18, United States Code, is
amended--
(1) in subsection (a)(1)(B), by striking ``or (q)'' and
inserting ``(q), (aa)(1), (aa)(2), (aa)(4), or (aa)(5)'';
(2) in subsection (c)
(A) in paragraph (1)--
(i) in subparagraph (A), in the matter
preceding clause (i), by inserting
``functional'' before ``firearm'' each place it
appears;
(ii) in subparagraph (B), in the matter
preceding clause (i), by inserting
``functional'' before ``firearm''; and
(iii) in subparagraph (D)(ii), by inserting
``functional'' before ``firearm''; and
(B) in paragraph (4), by striking ``all or part of
the firearm'' and all that follows through ``person.''
and inserting the following: ``all or part of the
functional firearm, or otherwise make the presence of
the functional firearm known to another person, in
order to intimidate that person, regardless of whether
the functional firearm is directly visible to that
person.'';
(3) in subsection (d)(1), by striking ``or (k)'' and
inserting ``(k), (aa)(1), (aa)(2), (aa)(4), or (aa)(5)'';
(4) in subsection (e)(1), by inserting ``through the
possession of a functional firearm'' before ``and has three'';
and
(5) by adding at the end the following:
``(q) A person who violates section 922(aa)(3) shall--
``(1) in the case of the first violation by the person, be
fined under this title, imprisoned not more than 1 year, or
both; or
``(2) in the case of any subsequent violation by the person,
be fined under this title, imprisoned not more than 5 years, or
both.''.
SEC. 302. MODERNIZATION OF THE PROHIBITION ON UNDETECTABLE FIREARMS.
Section 922(p) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``any firearm'';
(B) by amending subparagraph (A) to read as follows:
``(A) an undetectable firearm; or''; and
(C) in subparagraph (B), by striking ``any major
component of which, when subjected to inspection by the
types of x-ray machines commonly used at airports, does
not generate'' and inserting the following: ``a major
component of a firearm which, if subjected to
inspection by the types of detection devices commonly
used at airports for security screening, would not
generate'';
(2) in paragraph (2)--
(A) by amending subparagraph (A) to read as follows:
``(A) the term `undetectable firearm' means a firearm, as
defined in section 921(a)(3)(A), of which no major component is
wholly made of detectable material;'';
(B) by striking subparagraph (B) and inserting the
following:
``(B) the term `major component', with respect to a firearm--
``(i) means the slide or cylinder or the frame or
receiver of the firearm; and
``(ii) in the case of a rifle or shotgun, includes
the barrel of the firearm; and''; and
(C) by striking subparagraph (C) and all that follows
through the end of the undesignated matter following
subparagraph (C) and inserting the following:
``(C) the term `detectable material' means any material that
creates a magnetic field equivalent to or more than 3.7 ounces
of 17-4 pH stainless steel.'';
(3) in paragraph (3)--
(A) in the first sentence, by inserting ``, including
a prototype,'' after ``of a firearm''; and
(B) by striking the second sentence; and
(4) in paragraph (5), by striking ``shall not apply to any
firearm which'' and all that follows and inserting the
following: ``shall not apply to--
``(A) any firearm received by, in the possession of, or under
the control of the United States; or
``(B) the manufacture, importation, possession, transfer,
receipt, shipment, or delivery of a firearm by a licensed
manufacturer or licensed importer pursuant to a contract with
the United States.''.
TITLE IV--SAFE STORAGE
SEC. 401. ETHAN'S LAW.
(a) 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.--Except as otherwise
provided in this subparagraph, any person who
violates subparagraph (A) shall be fined $500
per violation.
``(ii) 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 has not attained 18
years of age.''.
(b) 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 PP--FIREARM SAFE STORAGE PROGRAM
``SEC. 3061. 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 enacts legislation functionally identical to section
922(z)(4) of title 18, United States Code.
``(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 that is
functionally identical to section 922(z)(4) of title
18, United States Code.
``(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 2023 through 2027, 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 functionally identical to
section 922(z)(4) of title 18, United States Code.''.
SEC. 402. SAFE GUNS, SAFE KIDS.
Paragraph (4)(B) of section 922(z) of title 18, United States Code,
as added by this Act, is amended by adding at the end the following:
``(iii) 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.''.
SEC. 403. KIMBERLY VAUGHAN FIREARM SAFE STORAGE.
(a) Best Practices for Safe Firearm Storage.--
(1) Establishment.--
(A) In general.--
(i) 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.
(ii) 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.
(B) Requirements.--In establishing the best practices
required under subparagraph (A), the Attorney General
shall outline such best practices for preventing
firearm loss, theft, and other unauthorized access for
the following locations:
(i) Businesses.
(ii) Vehicles.
(iii) Private homes.
(iv) Off-site storage facilities.
(v) Any other such place the Attorney General
deems appropriate to provide such guidance.
(C) 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 subparagraph (A) and
shall review such best practices and update them not
less than annually.
(b) Promotion of Safe Firearm Storage.--
(1) 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 403(a) of the Protecting Our Kids
Act.''.
(c) Safe Storage Devices for All Firearm Sales.--
(1) 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''.
(2) 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.
(d) Kimberly Vaughan Safe Firearm Storage Grant Program.--Part PP of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10101 et seq.), as added by this Act, is amended by adding at
the end the following:
``SEC. 3062. KIMBERLY VAUGHAN FIREARM SAFE STORAGE GRANT PROGRAM.
``(a) Authorization.--The Attorney General may award grants to States
and Indian Tribes for the development, implementation, and evaluation
of Safe Firearm Storage Assistance Programs.
``(b) 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.
``(c) 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
Assistance 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 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).
``(d) 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.
``(e) 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.
``(f) 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.''.
(e) Prevent Family Fire Safe Firearm Storage Credit.--
(1) 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:
``SEC. 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, or bump stock' in paragraph (3) of
such section).
``(d) Termination.--This section shall not apply to sales after
December 31, 2030.''.
(2) 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.''.
(3) 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.''.
(4) 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.
(5) Effective date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
TITLE V--CLOSING THE BUMP STOCK LOOPHOLE
SEC. 501. BUMP STOCKS.
(a) In General.--Section 5845 of the Internal Revenue Code of 1986 is
amended--
(1) in subsection (a), by striking ``and (8) a destructive
device.'' and inserting ``(8) a destructive device; and (9) a
bump stock.''; and
(2) by adding at the end the following new subsections:
``(n) Bump Stock.--The term `bump stock' means any of the following:
``(1) Any manual, power-driven, or electronic device that is
designed such that when the device is attached to a
semiautomatic weapon, the device eliminates the need for the
operator of a semiautomatic weapon to make a separate movement
for each individual function of the trigger and--
``(A) materially increases the rate of fire of the
semiautomatic weapon, or
``(B) approximates the action or rate of fire of a
machinegun.
``(2) Any part or combination of parts that is designed and
functions to eliminate the need for the operator of a
semiautomatic weapon to make a separate movement for each
individual function of the trigger and--
``(A) materially increases the rate of fire of a
semiautomatic weapon, or
``(B) approximates the action or rate of fire of a
machinegun.
``(3) Any semiautomatic weapon that has been modified in any
way that eliminates the need for the operator of the
semiautomatic weapon to make a separate movement for each
individual function of the trigger and--
``(A) materially increases the rate of fire of the
semiautomatic weapon, or
``(B) approximates the action or rate of fire of a
machinegun.
``(o) Semiautomatic Weapon.--The term `semiautomatic weapon' means
any repeating weapon that--
``(1) utilizes a portion of the energy of a firing cartridge
or shell to extract the fired cartridge case or shell casing
and chamber the next round, and
``(2) requires a separate function of the trigger to fire
each cartridge or shell.''.
(b) Amendments to Title 18, United States Code.--
(1) Section 921(a) of title 18, United States Code, as
amended by this Act, is further amended--
(A) in paragraph (3), by striking ``muffler or
firearm silencer'' and inserting ``muffler, firearm
silencer, or bump stock''; and
(B) by adding at the end the following:
``(41) The term `bump stock' has the meaning given such term in
section 5845(n) of the National Firearms Act (26 U.S.C. 5845(n)).''.
(2) Section 922 of title 18, United States Code, is amended--
(A) in each of subsections (a)(4) and (b)(4), by
inserting ``bump stock,'' before ``machinegun''; and
(B) in subsection (o)(1) , by inserting ``or bump
stock'' before the period.
TITLE VI--KEEP AMERICANS SAFE
SEC. 601. DEFINITIONS.
Section 921(a) of title 18, United States Code, as amended by this
Act, is further amended by adding at the end the following:
``(42) The term `large capacity ammunition feeding device'--
``(A) means a magazine, belt, drum, feed strip, helical
feeding device, or similar device, including any such device
joined or coupled with another in any manner, that has an
overall capacity of, or that can be readily restored, changed,
or converted to accept, more than 10 rounds of ammunition; and
``(B) does not include an attached tubular device designed to
accept, and capable of operating only with, .22 caliber rimfire
ammunition.
``(43) The term `qualified law enforcement officer' has the meaning
given the term in section 926B.''.
SEC. 602. RESTRICTIONS ON LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) In General.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (u) the following:
``(v)(1) It shall be unlawful for a person to import, sell,
manufacture, transfer, or possess, in or affecting interstate or
foreign commerce, a large capacity ammunition feeding device.
``(2) Paragraph (1) shall not apply to the possession of any large
capacity ammunition feeding device otherwise lawfully possessed on or
before the date of enactment of this subsection.
``(3) Paragraph (1) shall not apply to--
``(A) the importation for, manufacture for, sale to, transfer
to, or possession by the United States or a department or
agency of the United States or a State or a department, agency,
or political subdivision of a State, or a sale or transfer to
or possession by a qualified law enforcement officer employed
by the United States or a department or agency of the United
States or a State or a department, agency, or political
subdivision of a State for purposes of law enforcement (whether
on or off-duty), or a sale or transfer to or possession by a
campus law enforcement officer for purposes of law enforcement
(whether on or off-duty);
``(B) the importation for, or sale or transfer to a licensee
under title I of the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.) for purposes of establishing and maintaining an on-
site physical protection system and security organization
required by Federal law, or possession by an employee or
contractor of such licensee on-site for such purposes or off-
site for purposes of licensee-authorized training or
transportation of nuclear materials;
``(C) the possession, by an individual who is retired in good
standing from service with a law enforcement agency and is not
otherwise prohibited from receiving ammunition, of a large
capacity ammunition feeding device--
``(i) sold or transferred to the individual by the
agency upon such retirement; or
``(ii) that the individual purchased, or otherwise
obtained, for official use before such retirement; or
``(D) the importation, sale, manufacture, transfer, or
possession of any large capacity ammunition feeding device by a
licensed manufacturer or licensed importer for the purposes of
testing or experimentation authorized by the Attorney General.
``(4) For purposes of paragraph (3)(A), the term `campus law
enforcement officer' means an individual who is--
``(A) employed by a private institution of higher education
that is eligible for funding under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.);
``(B) responsible for the prevention or investigation of
crime involving injury to persons or property, including
apprehension or detention of persons for such crimes;
``(C) authorized by Federal, State, or local law to carry a
firearm, execute search warrants, and make arrests; and
``(D) recognized, commissioned, or certified by a government
entity as a law enforcement officer.''.
(b) Identification Markings for Large Capacity Ammunition Feeding
Devices.--Section 923(i) of title 18, United States Code, as amended by
this Act, is further amended by inserting after subparagraph (A) of
paragraph (1) the following:
``(B) A large capacity ammunition feeding device manufactured after
the date of enactment of this subparagraph shall be identified by a
serial number and the date on which the device was manufactured or
made, legibly and conspicuously engraved or cast on the device, and
such other identification as the Attorney General shall by regulations
prescribe.''.
(c) Seizure and Forfeiture of Large Capacity Ammunition Feeding
Devices.--Section 924(d) of title 18, United States Code, as amended by
this Act, is further amended--
(1) in paragraph (1)--
(A) in the first sentence--
(i) by striking ``Any firearm or ammunition
involved in'' and inserting ``Any firearm or
ammunition or large capacity ammunition feeding
device involved in'';
(ii) by inserting ``(v),'' after ``(k),'';
and
(iii) by striking ``any firearm or ammunition
intended'' and inserting ``any firearm or
ammunition or large capacity ammunition feeding
device intended''; and
(B) by inserting ``or large capacity ammunition
feeding device'' after ``firearms or ammunition'' each
place the term appears;
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``or large
capacity ammunition feeding device'' after ``firearms
or ammunition''; and
(B) in subparagraph (C), by inserting ``or large
capacity ammunition feeding devices'' after ``firearms
or quantities of ammunition''; and
(3) in paragraph (3)(E), by inserting ``922(v),'' after
``922(n),''.
SEC. 603. PENALTIES.
Section 924(a)(1)(B) of title 18, United States Code, as amended by
this Act, is further amended by inserting ``(v),'' after ``(q),''.
SEC. 604. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR LARGE CAPACITY
AMMUNITION FEEDING DEVICES.
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 by adding at the
end the following:
``(I) Compensation for surrendered large capacity
ammunition feeding devices, as that term is defined in
section 921 of title 18, United States Code, under buy-
back programs for large capacity ammunition feeding
devices.''.
TITLE VII--MISCELLANEOUS
SEC. 701. NICS REPORT.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Attorney General shall submit to the Committee
on the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that includes, with respect to
the preceding year, the demographic data of persons who were determined
to be ineligible to purchase a firearm based on a background check
performed by the National Instant Criminal Background Check System,
including race, ethnicity, national origin, sex, gender, age,
disability, average annual income, and English language proficiency, if
available.
Purpose and Summary
H.R. 7910, the ``Protecting Our Kids Act'' is a
comprehensive bill that contains numerous measures focused on
addressing gun violence, gun safety, responsible gun ownership,
regulation of certain firearms and components, gun trafficking,
and public safety. The bill was introduced on May 31, 2022, by
Chairman Jerrold Nadler (D-NY), with Crime Subcommittee
Chairwoman Sheila Jackson Lee (D-TX), and Representative Mike
Thompson (D-CA) as original cosponsors.
Background and Need for the Legislation
I. OVERVIEW
Today, more Americans carry guns, legally and illegally,
than ever. Fueled, in part, by politics and anxieties brought
on by the pandemic, firearm sales have surged in recent years,
along with police recovery of illegal firearms. There are
nearly 400 million firearms circulating in America--more guns
than people--and gun violence is responsible for more than
32,000 deaths every year. In the last two weeks, 31 people have
been murdered and another 20 injured at the hands of two 18-
year-olds legally armed with semiautomatic assault rifles.
These latest attacks primarily targeted the most vulnerable of
our communities--the young and the elderly.
H.R. 7910 would employ a variety of strategies to
effectively reduce gun violence across the country by raising
the age that certain semiautomatic firearms can lawfully be
possessed, limiting the accessibility of large capacity
magazines, prohibiting straw purchasing, promoting the safe
storage of firearms, and building on existing regulations to
take ghost guns and bump stocks out of our communities.
Mass shootings are, unfortunately, a common occurrence in
the United States. The country recorded 692 mass shootings with
four or more injuries last year, up from 610 in 2020 and 417 in
2019. There have already been 214 mass shootings in 2022. The
incidents of the last two weeks--mass murders committed by
young people with semiautomatic weapons--are tragically
illustrative of gun violence issues faced by our nation. First,
in Buffalo, New York, a gunman motivated by white supremacy
targeted a grocery store in a predominantly Black neighborhood
and killed 10 people. Then, just 10 days later, another 18-
year-old killed 19 fourth graders and two teachers in Uvalde,
Texas. It was the deadliest school shooting since the 2012
attack in Sandy Hook, Connecticut. Following the Uvalde attack,
President Joe Biden called for passage of ``common-sense gun
laws.''
Though garnering major public attention, firearm safety
issues go beyond mass shootings and are a daily threat to
communities and law enforcement. America's gun violence
epidemic consists of much more than high-profile media events.
In 2020, firearm deaths replaced motor vehicle accidents as the
leading cause of death for Americans ages 1 to 19, according to
an analysis of the Centers for Disease Control and Prevention
data published in the New England Journal of Medicine. Every 16
hours, a woman in America is shot and killed by a current or
former intimate partner. Suicides account for 60 percent of all
gun deaths. The proliferation of ghost guns--guns that lack
serial numbers--presents a particular challenge to law
enforcement by circumventing established methods of tracing
guns, connecting guns and individuals to a crime, removing guns
from criminal entities, and seeking justice for victims of gun
violence.
The COVID-19 pandemic has placed unprecedented pressure on
public systems to address all aspects of gun violence as U.S.
gun deaths have spiked during the pandemic. Some 20,726 people
died from homicides, unintentional deaths and other types of
gun violence--not including suicides--in 2021, and 19,486 died
in 2020, up from 15,468 in 2019, according to the Gun Violence
Archive.\1\ 48% of Americans believe gun violence is a very big
problem in the country, according to a Pew Research Center
survey conducted in April 2021.\2\
---------------------------------------------------------------------------
\1\Gun Violence Archive, Past Summary Ledgers, available at https:/
/www.gunviolencearchive.org/past-tolls.
\2\Pew Research Center, Americans' views of the problems facing the
nation (April 15, 2021) available at https://www.pewresearch.org/
politics/2021/04/15/americans-views-of-the-problems-facing-the-nation/.
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Incidents of domestic violence, suicides involving
firearms, and violent crime have surged as the pandemic has
lingered. Recent incidents have shown that gun violence
continues to be a persistent threat. Prior to the attacks in
Buffalo and Uvalde, a minor with access to a gun shot and
killed four and injured seven at Oxford High School in Michigan
in December 2021; a man used a handgun to take four people
hostage at Congregation Beth Israel in Colleyville, Texas in
January 2022; and two young, Latino NYPD officers were shot and
killed while responding to a domestic disturbance call that
same month. Just this past weekend, a young man shot and killed
one person and injured seven others during a Memorial Day
celebration in Taft, Oklahoma, and six people--all under the
age of 16--were victims of a shootout in Chattanooga,
Tennessee. These horrific incidents represent just a small
sample of the more than 200 mass shootings and additional
individual acts of gun violence that have harmed our
communities and taken away family members just this year.
As Americans continue to lose loved ones to gun violence,
guns are more available than ever. Gun purchases began to surge
in early 2020 and remained relatively high for more than a
year. Between 18.5 million and 19.9 million firearms were sold
in 2021, making it the second-busiest year for gun sales on
record. 2020 was a record-breaking year--22.8 million firearms
were sold. Meanwhile, the Federal Bureau of Investigation (FBI)
ran 38.9 million background checks in 2021 and 39.7 million in
2020,\3\ although the FBI's data does not correspond precisely
with purchases because not all background checks are associated
with individual sales of new guns, and there continue to be
many gun sales for which no background check is required.
According to the National Shooting Sports Foundation's annual
surveys of gun retailers and National Instant Criminal
Background Check System background checks, an estimated 5.4
million people in the United States became first-time gun
purchasers in 2021, while 8.4 million background checks were
performed for first-time buyers in 2020.\4\
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\3\ FBI, NICS Firearm Background Checks: Month/Year, available at
https://www.fbi.gov/file-repository/nics_firearm_checks_-
_month_year.pdf/view.
\4\ National Shooting Sports Foundation, NSSF Retailer Surveys
Indicate 5.4 Million First-Time Buyers in 2021 (January 25, 2022).
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Following two years of record-breaking gun sales, gun
violence prevention advocates fear the rise in gun sales has
magnified the risk of gun injuries and violence. The increasing
number of guns in our communities is especially troubling given
that many guns are stored loaded and unsecured such that they
are accessible to minors and more likely to fall into the wrong
hands.
H.R. 7910 would (1) raise the lawful age to purchase
certain semiautomatic centerfire rifles from 18 to 21 years
old; (2) establish a new federal offense for the import, sale,
manufacture, transfer, or possession of large capacity
magazines, with exceptions for certain law enforcement uses and
the possession (but not sale) of grandfathered magazines; allow
state and local governments to use the Edward Byrne Memorial
Justice Assistance Grant (Byrne JAG) Program to compensate
individuals who surrender large capacity magazines through a
buyback program; (3) establish new federal offenses for gun
trafficking and straw purchasers and authorize seizure of the
property and proceeds of the offense; (4) establish voluntary
best practices for safe firearm storage, require most firearms
to include a label that says ``Safe Storage Saves Lives,''
require dealers to provide a secure gun storage or safety
device with the sale of a shotgun or rifle (as already required
for handguns), and award grants for Safe Firearm Storage
Assistance Programs; (5) establish requirements to regulate the
storage of firearms on residential premises and create criminal
penalties for violation of the requirements; (6) build on the
Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF)
regulatory bump stock ban by listing bump stocks under the
National Firearms Act (like machineguns) and statutorily
banning the manufacture, sale, or possession of bump stocks for
civilian use; and (7) build on ATF's regulatory ban of ghost
guns by ensuring that ghost guns are subject to existing
federal firearm regulation by amending the definition of
``firearm'' to include gun kits and partial receivers and
changing the definition of ``manufacturing firearms'' to
include assembling firearms using 3D printing.
II. ISSUES ADDRESSED BY H.R. 7910
A. The Age for Purchase Eligibility
Under federal law, only those 21 years of age or older are
legally allowed to purchase handguns at licensed gun
dealers.\5\ However, the age restriction does not extend to
semiautomatic rifles. Historical data shows that 18- to 20-
year-olds are uniquely likely to engage in impulsive,
emotional, and risky behavior, providing further support for
limiting access to firearms to such individuals. One in eight
school shootings are perpetrated by shooters aged 18 to 20, and
18- to 20-year-olds commit gun homicides at four times higher
the rate of adults 21 and older.\6\ Neuroscientific and
sociological research also demonstrates that young adults under
the age of 21 have less capacity to control impulsivity, make
good decisions, and appreciate the consequences of their
actions than older individuals.
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\5\ 18 U.S.C. Sec. 922(b).
\6\ Brown JD, Goodin, AJ, Mass Casualty Shooting Venues, Types of
Firearms, and Age of Perpetrators in the United States, 1982-2018, Am J
Public Health (Oct. 2018), available at https://
ajph.aphapublications.org/doi/pdf/10.2105/AJPH.2018.304584.
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It should also be noted that the national legal drinking
age is 21, and credit card applicants under the age of 21
require a cosigner or ``financial information . . . indicating
an independent means of repaying any obligation arising from''
credit obligations related to the card.\7\ Recently, the Food
and Drug Administration announced that, as of December 20,
2019, the Federal Food, Drug, and Cosmetic Act had been amended
to ``raise the federal minimum age of sale of tobacco products
from 18 to 21 years.''\8\ Finally, in all states that have
legalized marijuana use, including California, the age
threshold is also 21 for recreational use.\9\
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\7\ 15 U.S.C. Sec. 1637(c)(8).
\8\ U.S. Food & Drug Administration, Retail Sales of Tobacco
Products, available at https://www.fda.gov/tobacco-products/compliance-
enforcement-training/retail-sales-tobacco-products.
\9\ Insurance Institute for Highway Safety, Highway Loss Data
Institute, Marijuana laws by state (May 2022), available at https://
www.iihs.org/topics/alcohol-and-drugs/marijuana-laws-table.
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A review of some of the deadliest mass shootings in America
over the last two decades highlights the risk associated with
allowing individuals under the age of 21 to legally access
semiautomatic assault rifles:
In 1999, an 18-year-old male and 17-year-old
male carried out a massacre at Columbine High School in
Littleton, Colorado, leaving 15 dead and 21 injured.
In 2012, a 20-year-old male murdered 26
people, including 20 first and second graders, and
injure another two in Newtown, Connecticut.
In 2018, a 19-year-old male murdered 17
students and teachers and wounded another 14 at Marjory
Stoneman Douglas High School in Parkland, Florida.
In 2019, a 19-year-old male killed four
people and wounded 17 at the Gilroy Garlic Festival in
Gilroy, California.
On May 14, 2022, an 18-year-old male
murdered 10 people and injured 13 at a Tops supermarket
in Buffalo, New York.
On May 24, 2022, an 18-year-old murdered 19
children and two teachers at Robb Elementary School in
Uvalde, Texas.
So far, six states--Florida, Washington, Vermont,
California, Illinois, and Hawaii--have increased the minimum
purchase age for long guns to 21. These laws have been shown to
prevent firearms suicide attempts by teenagers, who frequently
lack impulse control. One study found that laws of this nature
resulted in a 9% decline in firearms suicide rates among 18- to
20-year-olds.\10\ Yet these laws have been challenged in the
federal courts.\11\
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\10\Webster D, Vernick JS, Zeopli AM, Association Between Youth-
Focused Firearm Laws and Youth Suicides, JAMA (Aug. 2004), available at
https://jamanetwork.com/journals/jama/fullarticle/199194.
\11\See Hirschfeld v. Bureau of Alcohol, Firearms, Tobacco &
Explosives, 5 F4th 407 (2021); Jones v. Bonta, 2022 WL 148517.
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B. Gun Trafficking, Straw Purchasers, and Impacted Communities
Gun violence is responsible for a more than four-year
reduction in life expectancy for Black men in America.\12\
While gun violence touches Americans in diverse communities
across the country, homicides are largely concentrated in urban
areas with high minority populations. The most recent 5-year
average of CDC data on gun deaths shows that approximately 80%
of them occur in such areas.\13\
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\12\Kalesan B, Vyliparambil MA, Suo Y, Siracuse JJ, Fagan JA,
Branas CC & Galea S, Cross-sectional study of loss of life expectancy
at different ages related to firearms deaths among black and white
Americans, BMJ Evidence-Based Medicine, available at https://time.com/
5471069/guns-life-expectancy/.
\13\Kegler SR, Stone DM, Mercy JA, Dahlberg LL. Firearm Homicides
and Suicides in Major Metropolitan Areas--United States, 2015-2016 and
2018-2019. MMWR Morb Mortal Wkly Rep 2022;71:14-18. DOI: http://
dx.doi.org/10.15585/mmwr.mm7101a3.
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The overwhelming majority of guns recovered in a crime
start as a legal sale from a licensed dealer. Irresponsible gun
dealers are the source of many crime guns, and a scourge on
these communities. These dealers often willfully engage in
illegal or corrupt behavior--selling guns that they know will
be trafficked into areas of high crime.
Guns move easily from states with weak gun laws into states
with strong gun laws, undermining state-level gun laws and
creating significant threats to public safety. Every year,
thousands of guns are diverted from legal to illegal markets.
Most of the cities chronically impacted by gun violence do not
have many, if any, federally licensed gun dealers within their
city limits. Instead, gun dealers typically sit outside these
communities, frequently in less diverse and more affluent
suburbs, and profit from irresponsible or illegal sales that
drive guns into cities that later turn up at crime scenes. In
Chicago, for example there are no gun dealers inside city
limits, and the state of Illinois has strict gun laws. But
crime gun tracing undertaken by the city of Chicago has shown
how guns are trafficked from dealers in surrounding counties,
and even from neighboring Indiana.
Gun violence in communities of color is often driven by two
factors: easy access to guns and a small group of people at
high risk of engaging in violence--sometimes no more than 0.25%
to 1% of the city's population.\14\ One study from the Urban
Institute found that it ``remains too easy for this [small]
group to obtain guns. In the hands of these high-risk people,
guns escalate minor disputes into fatal incidents, and firearm
violence poses a particular risk to law enforcement officers.
Limiting easy access to guns by this group is an essential step
in reducing gun violence.''\15\
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\14\Brady Campaign to Prevent Gun Violence, Crime Guns in Impacted
Communities, available at https://brady-static.s3.amazonaws.com/Report/
crime-guns-in-impacted-communities/CrimeGunsInImpactedCommunities-
report.pdf.
\15\Bieler S, Kijakazi K, La Vigne NG, Vinik N, Overton S, Engaging
Communities in Reducing Gun Violence: A Road Map for Safer Communities
(April 27, 2016), available at https://www.urban.org/research/
publication/engaging-communities-reducing-gun-violence-road-map-safer-
communities.
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Access to guns is a critical driver of chronic violence.
Gun trafficking is the diversion of firearms from the legal
market into the hands of criminals or others who cannot legally
possess guns. The most frequent type of trafficking channel
identified in ATF investigations is straw purchasing--
purchasing a weapon for someone who is prohibited from having
one--from federally licensed firearms dealers. Often, guns
recovered during crimes were recovered from someone who was not
legally allowed to possess a gun. These individuals obtain
their firearms from a myriad of sources: straw purchasing or
``off the books'' sales by negligent gun dealers, theft, and
the ``underground'' gun market. Cutting off access for these
individuals can reduce the number of guns available for
criminal use.
C. Untraceable Firearms--Ghost Guns
Ghost guns are firearms constructed with component parts
that can be obtained anonymously, without a background check,
and which lack serial numbers. Sometimes referred to as ``do-
it-yourself guns,'' ghost guns are assembled by unlicensed
persons, rather than manufacturers, and generally evade all
regulations that apply to the licensed firearms industry. While
ghost guns may be made with 3D printers, the overwhelming
number of ghost guns are assembled from parts or ``kits.''
Numerous online and brick-and-mortar retailers offer ghost gun
kits which contain all the parts needed to assemble a firearm,
including unfinished receivers, tools, and step-by-step
instructions. In recent years, there has been a large increase
in the availability of these components, and at least 16
companies that sell ghost gun kits have reported order backlogs
and shipping delays due to overwhelming demand.
Ghost guns have been linked nationwide to homicides,
suicides, mass shootings, robberies, shooting deaths of law
enforcement officers, and domestic violence. Since ghost guns
are devoid of serial numbers and other identifying marks, such
guns recovered in crime are not traceable by law enforcement.
The absence of a manufacturing record, serial number, or
background check is exactly what draws prohibited persons to
ghost guns and makes them the perfect guns to use in committing
crimes. The threat ghost guns pose to public safety and law
enforcement has risen in recent years. In Southern California,
for instance, even prior to the pandemic-inspired surge in
sales, the ATF reported that almost half of all new
investigations involved ghost guns.\16\ Likewise, the District
of Columbia has reported a dramatic increase in ghost guns
recovered in crimes, from just three in 2017 to 116 recovered
in 2019.\17\ In 2021, almost 20,000 suspected ghost guns were
recovered by law enforcement in criminal investigations and
reported to the ATF.\18\
---------------------------------------------------------------------------
\16\Hitt, Brandi, ``Ghost guns'' investigation: Law enforcement
seeing unserialized firearms on daily basis in SoCal, KABC Television,
(Jan. 30, 2020).
\17\Hermann P, D.C. police see rise in devices that convert guns
into fully automatic weapons, The Washington Post (Sept. 4, 2021),
available at https://www.washingtonpost.com/local/public-safety/guns-
auto-sears-automatic/2021/09/04/0be57914-0020-11ec-ba7e-
2cf966e88e93_story.html.
\18\Press Release, The White House, Fact Sheet: The Biden
Administration Cracks Down on Ghost Guns, Ensures That ATF Has the
Leadership it Needs to Enforce Our Gun Laws (April 11, 2022) available
at https://www.whitehouse.gov/briefing-room/statements-releases/2022/
04/11/fact-sheet-the-biden-administration-cracks-down-on-ghost-guns-
ensures-that-atf-has-the-leadership-it-needs-to-enforce-our-gun-laws/.
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Earlier this year, the ATF published a final rule to
curtail the proliferation of ghost guns by requiring
serialization and background checks for certain gun kits and to
require the serialization of some existing ghost guns.\19\ This
rule will go into effect in August.
---------------------------------------------------------------------------
\19\https://www.whitehouse.gov/briefing-room/statements-releases/
2022/04/11/fact-sheet-the-biden-administration-cracks-down-on-ghost-
guns-ensures-that-atf-has-the-leadership-it-needs-to-enforce-our-gun-
laws/; https://www.atf.gov/rules-and-regulations/definition-frame-or-
receiver.
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D. Safe Storage and Child Access Prevention
An overwhelming amount of research shows that easy access
to firearms leads to an increased risk of gun violence among
young people. Studies estimate that 70-90% of guns used in
youth suicides, unintentional shootings among children, and
school shootings perpetrated by shooters under the age of 18
are acquired from the minor's home or the home of a relative or
friend.\20\ An estimated 4.6 million children in the U.S. live
in homes with at least one loaded, unlocked firearm,\21\ and
many young people are able to access these guns. One study
found one in five children handled a gun without parental
permission or supervision.\22\ The American Academy of
Pediatrics recommends that if parents keep firearms in their
home, all firearms should be locked, unloaded, and stored
separately from ammunition. However, only 3 of 10 adults in
households with children report storing all guns unloaded and
locked up.\23\
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\20\Renee M. Johnson, et al., Who Are the Owners of Firearms Used
in Adolescent Suicides?, Suicide and Life-threatening Behavior 40, no.
6 (2010): 609-611; Guohua Li, et al., Factors Associated with the
Intent of Firearm-related Injuries in Pediatric Trauma Patients,
Archives of Pediatrics & Adolescent Medicine 150, no. 11 (1996): 1160-
1165; John Woodrow Cox and Steven Rich, The Gun is Not in the Closet,
The Washington Post, (August 1, 2018) https://wapo.st/2M2HSH6. See
also, Bryan Vossekuil, et al., ``The Final Report and Findings of the
Safe School Initiative: Implications for the Prevention of School
Attacks in the United States,'' U.S. Secret Service and U.S. Department
of Education, July 2004, https://www2.ed.gov/admins/lead/safety/
preventingattacksreport.pdf; Tawnell D. Hobbs, Most Guns Used in School
Shootings Come From Home, The Wall Street Journal, (April 5, 2018)
https://on.wsj.com/2Eydv2f.
\21\Deborah Azrael, Joanna Cohen, Carmel Salhi, and Matthew Miller,
``Firearm Storage in Gun-owning Households with Children: Results of a
2015 National Survey,'' Journal of Urban Health 95, no. 3 (2018): 295-
304.
\22\https://www.bradyunited.org/program/end-family-fire.
\23\Monuteaux MC, Azrael D, Miller M, Association of Increased Safe
Household Firearm Storage With Firearm Suicide and Unintentional Death
Among US Youths, JAMA Pediatr. (May 2019), available at https://
jamanetwork.com/journals/jamapediatrics/fullarticle/2733158.
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The presence of unsecured firearms in the home increases
the risk of unintentional and intentional shootings. Nearly 40%
of all unintentional shooting deaths among children 11-14 years
of age occur in the home of a friend, and in 16% of
unintentional firearm deaths among children younger than 13
years of age, the gun was mistaken for a toy.\24\ A major
factor contributing to the risk of suicide for minors is the
ease with which they can access firearms. Over 75% of firearms
used in youth suicide attempts and unintentional firearm
injuries were stored in the residence of the victim, a
relative, or a friend.\25\
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\24\Michaels, PhD., N, Nationwide Children's Hospital, Gun Safety,
available at https://www.nationwidechildrens.org/research/areas-of-
research/center-for-injury-research-and-policy/injury-topics/general/
gun-safety.
\25\Miller M & Hemenway, The Relationship Between Firearms and
Suicide: A Review of the Literature, 4 Aggression & Violent Behavior
(1999): 59, 62-65.
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The Oxford High School shooting that left four students
dead, the Santa Fe High School shooting that left 10 dead,
including 17-year-old Kimberly Vaughan, and the accidental
killing of 15-year-old Ethan Song further underscore the need
to ensure that minors do not have unsupervised access to guns.
The United States Secret Service and the Department of
Education report that in 65% of deadly school shootings, the
attacker obtained the firearm from his or her own home or the
home of a relative.\26\ And in nearly 80% of gunfire incidents
at schools where the perpetrator is under 18, the shooter
obtained the firearm from their home or the home of extended
family or friends.\27\
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\26\U.S. Secret Service & U.S. Dep't of Education, The Final Report
& Findings of the Safe School Initiative--Implications for the
Prevention of School Attacks in the United States, available at https:/
/www2.ed.gov/admins/lead/safety/preventingattacksreport.pdf.
\27\U.S. Secret Service & U.S. Dep't of Homeland Security, National
Threat Assessment Center, Protecting America's Schools: A US Secret
Service Analysis of Targeted School Violence (Nov. 2019) available at
https://www.secretservice.gov/sites/default/files/2020-04/
Protecting_Americas_Schools.pdf.
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Safe storage practices are also important to keep firearms
away from dangerous individuals. In the last decade, nearly 2
million firearms have been reported stolen.\28\ Unregulated,
stolen guns present a danger to society and handicap police
investigations. Gun owners who do not secure their guns are at
higher risk of someone stealing them. An increased risk of gun
theft may increase the likelihood of further crime
occurring.\29\ These guns are then trafficked through
unregulated markets, giving people who cannot pass a background
check a method of obtaining guns. Between 2010 and 2016, police
recovered more than 23,000 stolen firearms that were used to
commit kidnappings, armed robberies, sexual assaults, murders,
and other violent crimes.\30\ Stolen firearms complicate and
slow law enforcement investigations into violent crimes because
investigators often must uncover the trafficking pattern of the
firearm in order to identify a suspect.\31\
---------------------------------------------------------------------------
\28\Parsons C & Vargas EW, Center for American Progress, Gun Theft
in the United States: A State-by-State Analysis (Mar 4, 2020),
available at https://www.americanprogress.org/article/gun-theft-united-
states-state-state-analysis/.
\29\https://everytownresearch.org/report/unload-lock-and-separate-
secure-storage-practices-to-reduce-gun-violence/.
\30\Freskos B, The Trace, Missing Pieces (Nov 20, 2017), available
at https://www.thetrace.org/2017/11/stolen-guns-violent-crime-america/.
\31\https://www.everytown.org/solutions/report-lost-and-stolen-
guns/.
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To safely store firearms, gun owners need to follow three
practices: (1) all ammunition inside of the gun should be
unloaded, including chamber rounds; (2) ammunition should be
locked in a secure location separate from where the firearms
are locked; and (3) gun owners should use a firearm locking
device. Locking devices, safes, and lock boxes thwart gun theft
because they have biometric technology, combinations, or keys.
Thirteen states have laws concerning firearm locking
devices. These state laws aimed at reducing minors' access to
firearms vary greatly by state, from imposing criminal
liability for negligent storage regardless of any harm that
occurs, or imposing criminal liability for unsecured weapons
after a death or injury occurs, to prohibiting provision of a
firearm to a minor. Massachusetts and Oregon remain the only
states that require all firearms to be locked when not in use.
Likewise, Connecticut, Colorado, and California impose a looser
version of the Massachusetts law and impose the regulation only
in distinct situations.
Currently, there are no federal laws that mandate safe
storage, though federal law does require safe storage devices
to be made available when a federal firearm licensee sells a
handgun\32\ and provides immunity from certain civil actions if
an owner secured a handgun with a safety device.\33\ Existing
federal law is narrow in scope: it applies only to dealers and
does not require gun owners to use the safety device given to
them at the time of purchase. The Department of Justice
recently announced a new rule to ensure that federal firearms
licensees have safe storage devices available that are
compatible with the firearms available for purchase.\34\
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\32\ 18 U.S.C. Sec. 922(z)(1).
\33\ 18 U.S.C. Sec. 922(z)(3).
\34\ 87 FR 182, https://www.federalregister.gov/documents/2022/01/
04/2021-28398/secure-gun-storage-and-definition-of-antique-firearm;
Department of Justice, Justice Department Announces New Rule to Help
Enhance Safe and Secure Storage of Firearms; Publishes Best Practices
Guide for Federal Firearms Licensees, Jan. 3, 2022, https://
www.justice.gov/opa/pr/justice-department-announces-new-rule-help-
enhance-safe-and-secure-storage-firearms-publishes.
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E. Bump Stocks
Historically, the gun industry has evaded national gun laws
through the creation of supplemental and unregulated devices to
augment firing capabilities. Such devices can turn a regular
gun into one that is as deadly as a machinegun. Although
machineguns have been illegal in the United States for decades,
bump stocks have allowed gun manufacturers to circumvent the
law to produce weapons like the ones used in the mass shooting
that occurred in Las Vegas, Nevada. During the 2017 massacre in
Las Vegas, 58 people were killed and more than 800 were injured
at the Route 91 Harvest Music Festival.\35\ The shooter used
bump stocks which he was able to purchase due to a loophole in
the law that allowed these accessories to be purchased, even
though they enable a semi-automatic rifle to mimic the rate of
fire of an automatic weapon.
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\35\Victims and relatives of Las Vegas Strip mass shooting to
receive $800m settlement, The Guardian (Sep 30, 2020), available at
https://www.theguardian.com/us-news/2020/sep/30/las-vegas-strip-
shooting-800m-settlement.
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A bump stock attaches to a semi-automatic rifle to increase
the rate of fire. Bump stocks harness a gun's recoil energy to
rapidly move the firearm back and forth, bumping the shooter's
stationary finger against the trigger. Federal law generally
bans civilian ownership of machineguns manufactured after May
1986, including any parts used to convert an otherwise legal
firearm into an illegal machinegun. It defines a machinegun as
a weapon which fires ``automatically more than one shot,
without manual reloading, by a single function of the
trigger.'' In 2018, the ATF issued a rule reinterpreting the
terms ``single function of the trigger'' and ``automatically''
and clarifying the meaning of ``machinegun'' to ban bump
stocks.\36\
---------------------------------------------------------------------------
\36\See Bump Stock-Type Devices (Final Rule), 83 Fed. Reg. 66,514-
01.
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Gun Owners of America and other groups challenged the ATF
rule and asked for a preliminary injunction to block it. The
district court denied the challengers' request. Bump stocks
remain illegal for now, following the Sixth Circuit Court of
Appeals decision to uphold the ATF's bump stock ban.\37\ Bump
stock proponents are seeking U.S. Supreme Court review, and
several state attorneys general have urged the Supreme Court to
overturn the ban. Congressional action to ban bump stocks could
ensure that these extremely deadly devices remain illegal and
do not threaten the safety of our communities.
---------------------------------------------------------------------------
\37\Gun Owners of America, Inc. v. Merrick Garland, 19 F.4th 890
(2021).
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F. Large Capacity Magazines
Generally, a magazine is a spring-loaded container for
ammunition that may or may not be detachable from a firearm.
Following the discharge of a round, the spring mechanism in the
magazine forces a new round into the firearm's breach, enabling
it to fire another round.\38\ A firearm that can accommodate a
detachable magazine may be fitted with magazines of variable
size.\39\ For example, a rifle with a detachable magazine may
be able to accommodate magazines that hold a multitude of
rounds. Certain rifles can accommodate drum magazines, which
hold ammunition in a circular mode and may accommodate hundreds
of rounds.\40\
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\38\Glossary (Magazine), Nat'l Rife Assoc. Inst. for Leg. Action,
https://www.nraila.org/for-the-press/glossary (last visited Aug. 22,
2019).
\39\Id.
\40\Id.
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With the passage of theViolent Crime Control and Law
Enforcement Act of 1994, Congress banned the possession or
transfer of magazines capable of holding more than 10 rounds of
ammunition.\41\ Those who possessed magazines on or before the
date of enactment that exceeded 10 rounds were ``grandfathered
in,'' and could therefore continue to possess banned
magazines.\42\ The federal ban expired in 2004.\43\ Since then,
nine states and the District of Columbia have adopted
restrictions on the size of magazines.\44\
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\41\See Pub. L. No. 103-322, 108 Stat. 1796, 1996-2010 (1994).
\42\Id. at 108 Stat.1999.
\43\Id. at 108 Stat. 2000.
\44\The nine states are: California, Colorado, Connecticut, Hawaii,
Maryland, Massachusetts, New Jersey, New York, and Vermont. Large
Capacity Magazines, Giffords L. Ctr, https://lawcenter.giffords.org/
gun-laws/policy-areas/hardware-ammunition/large-capacity-magazines/
(last visited Aug. 23, 2019).
---------------------------------------------------------------------------
Large capacity magazines have been used in many high-
profile mass shootings. The shooter who murdered 20 children
and six school employees at Sandy Hook Elementary School in
Newtown, CT used a 30-round magazine to carry out his attack.
The larger magazine he used allowed him to fire 154 rounds in
under five minutes. The shooter who targeted U.S.
Representative Gabrielle Giffords, killing six and injuring the
Congresswoman and six others, used a handgun with a 33-round
magazine. The perpetrator of the Pulse nightclub massacre in
Orlando, Florida killed 49 people using a rifle with a 30-round
magazine and a handgun with a 17-round magazine. More recently,
the perpetrators of the mass casualty shootings in Dayton, Ohio
and El Paso, Texas used high-capacity magazines to gun down
their victims.\45\ The Dayton shooter had a 100-round drum
magazine, which enabled him to kill nine people in less than a
minute.\46\
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\45\Laura Santhanam, What We Know About the El Paso and Dayton
Shooters' Guns, PBS News Hour (Aug. 6, 2019), https://www.pbs.org/
newshour/nation/why-the-weapons-used-in-this-weekends-shootings-are-
controversial.
\46\Ben Kesling & Zusha Elinson, Dayton Shooter Used AR-15 Pistol,
Smaller Version of Popular Rifle, Wall St. J. (Aug. 5, 2019), https://
www.wsj.com/articles/dayton-shooter-used-ar-15-pistol-smaller-version-
of-popular-rifle-11565045046.
---------------------------------------------------------------------------
The sale of high-capacity magazines in the United States
has also contributed to mass murders beyond our borders. In
2011, a shooter killed 67 people, including many children, at a
summer camp in Norway using 30-round magazines purchased by
mail from a dealer in the United States.\47\
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\47\Reid J. Epstein, Norway Shooter: Ammo from U.S., Politico (Jul.
28 1019), https://www.politico.com/story/2011/07/norway-shooter-ammo-
from-us-060154.
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An analysis of mass casualty shootings that reviewed
incidents between 1982 and 2012 found that large capacity
ammunition magazines were recovered in over half of the
incidents.\48\ Not only were high-capacity magazines used in
half of the mass casualty incidents, but, on average, their use
caused twice as many fatalities, and 14 times as many
injuries.\49\ Even removing the 2017 Las Vegas shooting from
the analysis, between 2009 and 2017, firearms with high
capacity magazines resulted in twice as many fatalities and six
times as many people shot per incident on average.\50\
According to one recent poll, 70% of Americans support a ban on
large-capacity magazines.\51\
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\48\Mark Follman, et al., More Than Half of Mass Shooters Used
Assault Weapons and High-Capacity Magazines, Mother Jones (Feb. 27,
2013), https://www.motherjones.com/politics/2013/02/assault-weapons-
high-capacity-magazines-mass-shootings-feinstein/.
\49\Everytown for Gun Safety, Mass Shootings in the United States:
2009-2017 (6 Dec. 2019), https://everytownresearch.org/reports/mass-
shootings-analysis/#foot_note_anchor_55.
\50\Id.
\51\Steven Shepard, Gun Control Support Surges in Polls, Politico
(Feb. 28, 2018), https://www.politico.com/story/2018/02/28/gun-control-
polling-parkland-430099.
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Hearings
For the purposes of clause 3(c)(6)(A) of House rule XIII,
the following hearing was used to develop H.R. 7910:
On May 20, 2021, the Subcommittee on Crime, Terrorism, and
Homeland Security held a hearing on ``An Unending Crisis:
Essential Steps to Reducing Gun Violence and Mass Shootings.''
The Subcommittee heard testimony from:
The Honorable Vikki Goodwin, Member of the
House of Representatives, State of Texas;
Fred Guttenberg, Author and Gun Safety
Advocate;
J. Adam Skaggs, Chief Counsel and Policy
Director, Giffords Law Center to Prevent Gun Violence;
Michael E. Grady, Senior Pastor, Prince of
Peace Christian Fellowship; and
Dianna Muller, Founder, The DC Project.
The hearing explored the facts and data on gun violence and a
range of policy proposals to reduce gun violence.
Committee Consideration
On June 2, 2022 the Committee met in open session and
ordered the bill, H.R. 7910, favorably reported, as amended, by
a rollcall vote of 25 to 19, a quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
following rollcall votes occurred during the Committee's
consideration of H.R. 7910:
1. An amendment by Mr. Massie to create an exemption from
conviction for gun trafficking if the purchaser or person
acquiring the firearm transfers the firearm to a victim of
domestic violence for her or his protection was defeated by a
rollcall vote of 20 to 24. The vote was as follows:
2. An amendment by Mr. Massie to exempt anyone registered
for the Selective Service from the age limit for purchasing
certain semiautomatic centerfire rifles and shotguns was
defeated by a rollcall vote of 19 to 24. The vote was as
follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
3. An amendment by Mr. Massie to exempt a spouse of a
member of the Armed Forces on active duty from the age limit
for purchasing certain semiautomatic centerfire rifles and
shotguns was defeated by a rollcall vote of 19 to 24. The vote
was as follows:
4. An amendment by Mr. Gaetz to add a sense of Congress
that Congress disfavors the enactment of laws that authorize a
court to issue an extreme risk protection order was defeated by
a rollcall vote of 18 to 24. The vote was as follows:
5. A motion to report H.R. 7910, as amended, was agreed to
by a rollcall vote of 25 to 19. The vote was as follows:
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of House rule X, are incorporated in the descriptive portions
of this report.
Committee Estimate of Budgetary Effects
Pursuant to clause 3(d)(1) of House rule XIII, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause (3)(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 7910 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House rule XIII, H.R. 7910 would employ a variety of strategies
to effectively reduce gun violence across the country by
raising the age that certain semiautomatic firearms can
lawfully be possessed, limiting the accessibility of large
capacity magazines, prohibiting straw purchasing, promoting the
safe storage of firearms, and building on existing regulations
to take ghost guns and bump stocks out of our communities.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 7910
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9(d),
9(e), or 9(f) of House rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short Title. Section 1 sets forth the short title
of the bill as the ``Protecting Our Kids Act'' and includes a
table of contents for the Act.
TITLE I--RAISE THE AGE
Sec. 101. Prohibition on Federal Firearms Licensee Selling
or Delivering Certain Semiautomatic Centerfire Rifles or
Semiautomatic Centerfire Shotguns to a Person Under 21 Years of
Age, With Exceptions. Section 101 amends section 922(b)(1) of
title 18 of the U.S. Code to prohibit anyone under the age of
21 from purchasing a semiautomatic centerfire rifle or
semiautomatic centerfire shotgun that has or can accept a
magazine of more than 5 rounds. It includes an exemption for
active-duty military members, as well as full-time law
enforcement officers.
Sec. 102. Operation of the Federal Bureau of
Investigation's Public Access Line. Section 102 requires the
FBI to submit a report to Congress regarding the FBI's Public
Access Line (PAL) that must include, at minimum, a description
of the protocols and procedures in effect with response to
information-sharing between the PAL and the field offices of
the FBI, as well as recommendations for improving the protocols
and procedures to improve the information-sharing.
TITLE II--PREVENT GUN TRAFFICKING
Sec. 201. Prohibition on Straw Purchases of Firearms;
Prohibition on Gun Trafficking. Section 201 amends chapter 44
of title 18 of the U.S. Code to make it unlawful for a person
(other than a federal licensee) to knowingly purchase or
acquire a firearm for a third party or to request someone to
purchase a firearm on their behalf. It also requires the
Attorney General to include a statement of the applicable
penalties for violating this Section on firearm transaction
records. Section 201 also amends section 982(a)(5) of Title 18
of the U.S. Code to require forfeiture of any property that is
traceable to the gross proceeds obtained from unlicensed
firearms sales, illegal gun transfers, or gun trafficking, from
a person convicted of a violation of those crimes or conspiracy
to commit those crimes. It further amends Section 1956(c)(7) of
title 18 of the U.S. code to include unlicensed firearms sales,
illegal gun transfers, and gun trafficking among the specified
unlawful activities whose proceeds are covered by the statute
prohibiting money laundering.
Sec. 202. Prohibition on Disposition of Firearm to Person
Intending Unlawful Further Disposition. Section 202 amends
section 922(d) of title 18 of the U.S. Code to prohibit the
disposition of a firearm or ammunition to anyone who intends to
sell or otherwise dispose of it in violation of federal law, or
to a person in another state in violation of a law of that
state.
Sec. 203. Penalties. Section 203 amends section 924(a) of
title 18 of the U.S. Code to establish a maximum penalty of 10
years in prison for a knowing violation of the straw purchaser
statute established in Section 201.
Sec. 204. Firearms Subject to Forfeiture. Section 204
amends section 924(d) of title 18 of the U.S. Code to require
the forfeiture of any firearm or ammunition by a person found
in violation of the prohibition established in Section 201.
TITLE III--UNTRACEABLE FIREARMS
Sec. 301. Requirement That All Firearms Be Traceable.
Section 301 amends Section 921(a) of Title 18 of the U.S. Code
to define the terms ``ghost gun,'' ``fire control component,''
and ``frame or receiver.'' It amends the definition of
``manufacturer'' so that ``manufacturing firearms''' includes
assembling firearms using 3D printing technology.
It further amends section 922 to establish criminal
offenses for the following activities, absent appropriate
licenses: the manufacture, sale, offer to sell, transfer,
purchase, receipt, knowing possession, or possession with
intent to sell of a ghost gun in or affecting interstate or
foreign commerce; engraving or casting a serial number on a
firearm in or affecting interstate or foreign commerce; the
sale, offer to sell, or transfer, possession, purchase, or
receipt, in or affecting interstate or foreign commerce, of a
machine that has the sole or primary function of manufacturing
firearms.
Section 301 updates existing federal firearms serialization
requirements in accordance with the Act and requires the
Attorney General to prescribe regulations for engraving unique
serial numbers onto ghost guns. It establishes criminal
penalties for the offenses established within the section.
Sec. 302. Modernization of the Prohibition on Undetectable
Firearms. Section 302 amends section 922(p) of title 18 of the
U.S. Code to modernize the existing prohibition against the
manufacture, import, sale, shipment, delivery, possession,
transfer, or receipt of undetectable firearms and major
components thereof.
TITLE IV--SAFE STORAGE
Sec. 401. Ethan's Law. Section 401 amends section 922(z) of
title 18 of the U.S. Code to prohibit any person from keeping
any firearm unsecured on their premises if they should
reasonably expect that a minor or other resident who cannot
lawfully possess a firearm may gain access to that firearm. If
a person stores their firearm using a secure safety device,
within a secure location, or within readily retrievable
proximity to that person, then the firearm is considered safely
and securely stored.
This section establishes a penalty of a $500 fine for each
instance in which a person fails to securely store a firearm as
required by Ethan's Law. It also requires the seizure and
forfeiture of any improperly stored firearm. Section 401 also
amends title I of the Omnibus Crime Control and Safe Streets
Acts of 1968 (34 U.S.C. Sec. 10101 et seq.) to allow States and
Tribes to receive grants to assist law enforcement agencies and
courts in implementing State law that similarly prohibits
unsecure storage of firearms.
Sec. 402. Safe Guns, Safe Kids. Section 402 amends section
922(z) of title 18 of the U.S. Code to add an enhanced penalty
of up to 5 years in prison for the owner of an unsecured
firearm if a minor or resident who cannot lawfully possess a
firearm gains access to that unsecured firearm and causes
injury as a result.
Sec. 403. Kimberly Vaughan Firearm Safe Storage. Section
403 requires the Attorney General to establish voluntary best
practices relating to safe firearm storage and to publish them
on a website and in print. Section 403 amends section 923 of
title 18 of the U.S. Code to require gun dealers and
manufacturers who serialize at least 250 firearms annually to
provide a clear written notice with each manufactured or
imported handgun, rifle, or shotgun that states ``Safe Storage
Saves Lives,'' followed by the address of the public website
setting forth the best practices established by the Attorney
General.
Section 403 also amends section 922(z) of title 18 of the
U.S. Code to expand the current requirement that federal
firearms licensees provide safe firearm storage devices during
sales of handguns to include sales of rifles and shotguns as
well. This section also amends part PP of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10101 et seq.) to create a 10-year, $10 million grant program
for States and Indian Tribes for the development,
implementation, and evaluation of Safe Firearm Storage
Assistance Programs. These programs will be carried out by
units of local government and nonprofit organizations with the
sole purpose of acquiring and distributing safe firearm storage
devices.
Section 403 also establishes the grant application and
reporting requirements for the grantees and the Attorney
General. It amends the Internal Revenue Code of 1986 to allow
for a 10% credit against tax for retail sales of external safe
firearm storage devices, with a maximum $40 credit per item
sold.
TITLE V--CLOSING THE BUMP STOCK LOOPHOLE
Sec. 501. Bump Stocks. Section 501 amends section 5845 of
the Internal Revenue Code and sections 921 and 922 of title 18
of the U.S. Code to define the term ``bump stock'' and regulate
bump stocks similarly to machineguns--requiring that they be
registered with the ATF under the National Firearms Act and
generally prohibiting the manufacture, sale, or possession of
bump stocks for civilian use.
TITLE VI--KEEP AMERICANS SAFE
Sec. 601. Definitions. Section 601 amends section 921(a) of
title 18 to define ``large capacity ammunition feeding
device,'' commonly known as a high-capacity magazine, and
``qualified law enforcement officer.'' It defines ``high-
capacity ammunition feeding device'' as a device such as a
magazine, belt, drum, feed strip, and helical feeding device
and includes devices that can be joined together, restored,
changed, or converted to increase the ability of a device to
feed more than ten rounds of ammunition to a firearm. It also
defines the term ``qualified law enforcement officer'' to give
it the same meaning as in the statute which authorizes carrying
of concealed firearms by qualified law enforcement officers.
Sec. 602. Restrictions on Large Capacity Ammunition Feeding
Devices. Section 602 amends section 922 of title 18 to prohibit
importation, sale, manufacture, transfer, or possession of
large capacity ammunition feeding devices. This section
provides exceptions for: (1) large capacity ammunition feeding
devices possessed prior to the date of enactment; (2) the
importation for, manufacture for, sale to, transfer to, or
possession by Federal, State, local, and campus law enforcement
officers for law enforcement purposes; (3) the importation for,
manufacture for, sale to, transfer to, or possession by
licensees or employees and contractors of licensees for
purposes of establishing and maintaining an on-site physical
protection system and security organization on-site or off-site
for training purposes or transportation of nuclear materials
under title I of the Atomic Energy Act of 1954; (4) possession
by retired law enforcement officers in good standing and not
otherwise prohibited from receiving ammunition; and (5) the
importation, manufacture, sale, transfer, or possession by a
licensed manufacturer or importer for testing or
experimentation authorized by the Attorney General.
Section 602 defines ``campus law enforcement officer'' to
include individuals employed by private institutions of higher
education who are responsible for prevention or investigation
of crime; are authorized by law to carry a firearm, execute
search warrants, and make arrests; and are recognized,
commissioned, or certified as law enforcement officers.
It also amends Section 923(i) of title 18 to require that
large capacity ammunition feeding devices manufactured after
enactment of the Act be identified, legibly and conspicuously,
by a serial number, date of manufacture, and any other
identification as determined by the Attorney General through
regulation.
Section 602 also amends section 924(d) of title 18 to
require seizure and forfeiture of large capacity feeding
devices possessed, manufactured, or imported in violation of
the Act. It also authorizes the return of such items upon
acquittal of the owner or possessor, or dismissal of the case
against them.
Sec. 603. Penalties. Section 603 sets penalties for
possession or importation in violation of the Act. A person
convicted of knowingly importing, selling, manufacturing,
transferring, or possessing, in or affecting interstate or
foreign commerce, a large capacity ammunition feeding device,
would be fined, imprisoned for not more than five years, or
both.
Sec. 604. Use of Byrne Grants for Buy-Back Programs for
Large Capacity Ammunition Feeding Devices. The bill would
authorize the use of Byrne JAG grants for State and local
``buy-back'' programs to provide compensation for surrendered
large capacity ammunition feeding devices.
TITLE VII--MISCELLANEOUS
Sec. 701. NICS Report. Section 701 would require the
Attorney General to submit annual reports to Congress on the
demographic data of those who were determined to be ineligible
to purchase a firearm in the preceding year based on a
background check performed by the National Instant Criminal
Background Check System. The reports would include demographic
data on the race, ethnicity, national origin, sex, gender, age,
disability, average annual income, and English language
proficiency of such individuals, if available.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 44--FIREARMS
Sec.
921. Definitions.
* * * * * * *
932. Gun trafficking.
Sec. 921. Definitions
(a) As used in this chapter--
(1) The term ``person'' and the term ``whoever'' include any
individual, corporation, company, association, firm,
partnership, society, or joint stock company.
(2) The term ``interstate or foreign commerce'' includes
commerce between any place in a State and any place outside of
that State, or within any possession of the United States (not
including the Canal Zone) or the District of Columbia, but such
term does not include commerce between places within the same
State but through any place outside of that State. The term
``State'' includes the District of Columbia, the Commonwealth
of Puerto Rico, and the possessions of the United States (not
including the Canal Zone).
(3) The term ``firearm'' means (A) any weapon (including a
starter gun) which will or is designed to or may readily be
converted to expel a projectile by the action of an explosive;
(B) the frame or receiver of any such weapon; (C) any firearm
[muffler or firearm silencer] muffler, firearm silencer, or
bump stock; or (D) any destructive device. Such term does not
include an antique firearm.
(4) The term ``destructive device'' means--
(A) any explosive, incendiary, or poison gas--
(i) bomb,
(ii) grenade,
(iii) rocket having a propellant charge of
more than four ounces,
(iv) missile having an explosive or
incendiary charge of more than one-quarter
ounce,
(v) mine, or
(vi) device similar to any of the devices
described in the preceding clauses;
(B) any type of weapon (other than a shotgun or a
shotgun shell which the Attorney General finds is
generally recognized as particularly suitable for
sporting purposes) by whatever name known which will,
or which may be readily converted to, expel a
projectile by the action of an explosive or other
propellant, and which has any barrel with a bore of
more than one-half inch in diameter; and
(C) any combination of parts either designed or
intended for use in converting any device into any
destructive device described in subparagraph (A) or (B)
and from which a destructive device may be readily
assembled.
The term ``destructive device'' shall not include any device
which is neither designed nor redesigned for use as a weapon;
any device, although originally designed for use as a weapon,
which is redesigned for use as a signaling, pyrotechnic, line
throwing, safety, or similar device; surplus ordnance sold,
loaned, or given by the Secretary of the Army pursuant to the
provisions of section 7684(2), 7685, or 7686 of title 10; or
any other device which the Attorney General finds is not likely
to be used as a weapon, is an antique, or is a rifle which the
owner intends to use solely for sporting, recreational or
cultural purposes.
(5) The term ``shotgun'' means a weapon designed or
redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use
the energy of an explosive to fire through a smooth bore either
a number of ball shot or a single projectile for each single
pull of the trigger.
(6) The term ``short-barreled shotgun'' means a shotgun
having one or more barrels less than eighteen inches in length
and any weapon made from a shotgun (whether by alteration,
modification or otherwise) if such a weapon as modified has an
overall length of less than twenty-six inches.
(7) The term ``rifle'' means a weapon designed or redesigned,
made or remade, and intended to be fired from the shoulder and
designed or redesigned and made or remade to use the energy of
an explosive to fire only a single projectile through a rifled
bore for each single pull of the trigger.
(8) The term ``short-barreled rifle'' means a rifle having
one or more barrels less than sixteen inches in length and any
weapon made from a rifle (whether by alteration, modification,
or otherwise) if such weapon, as modified, has an overall
length of less than twenty-six inches.
(9) The term ``importer'' means any person engaged in the
business of importing or bringing firearms or ammunition into
the United States for purposes of sale or distribution; and the
term ``licensed importer'' means any such person licensed under
the provisions of this chapter.
(10) The term ``manufacturer'' means any person engaged in
the business of manufacturing firearms or ammunition for
purposes of sale or distribution; and the term ``licensed
manufacturer'' means any such person licensed under the
provisions of this chapter. The term ``manufacturing firearms''
shall include assembling a functional firearm or molding,
machining, or 3D printing a frame or receiver, and shall not
include making or fitting special barrels, stocks, or trigger
mechanisms to firearms.
(11) The term ``dealer'' means (A) any person engaged in the
business of selling firearms at wholesale or retail, (B) any
person engaged in the business of repairing firearms or of
making or fitting special barrels, stocks, or trigger
mechanisms to firearms, or (C) any person who is a pawnbroker.
The term ``licensed dealer'' means any dealer who is licensed
under the provisions of this chapter.
(12) The term ``pawnbroker'' means any person whose business
or occupation includes the taking or receiving, by way of
pledge or pawn, of any firearm as security for the payment or
repayment of money.
(13) The term ``collector'' means any person who acquires,
holds, or disposes of firearms as curios or relics, as the
Attorney General shall by regulation define, and the term
``licensed collector'' means any such person licensed under the
provisions of this chapter.
(14) The term ``indictment'' includes an indictment or
information in any court under which a crime punishable by
imprisonment for a term exceeding one year may be prosecuted.
(15) The term ``fugitive from justice'' means any person who
has fled from any State to avoid prosecution for a crime or to
avoid giving testimony in any criminal proceeding.
(16) The term ``antique firearm'' means--
(A) any firearm (including any firearm with a
matchlock, flintlock, percussion cap, or similar type
of ignition system) manufactured in or before 1898; or
(B) any replica of any firearm described in
subparagraph (A) if such replica--
(i) is not designed or redesigned for using
rimfire or conventional centerfire fixed
ammunition, or
(ii) uses rimfire or conventional centerfire
fixed ammunition which is no longer
manufactured in the United States and which is
not readily available in the ordinary channels
of commercial trade; or
(C) any muzzle loading rifle, muzzle loading shotgun,
or muzzle loading pistol, which is designed to use
black powder, or a black powder substitute, and which
cannot use fixed ammunition. For purposes of this
subparagraph, the term ``antique firearm'' shall not
include any weapon which incorporates a firearm frame
or receiver, any firearm which is converted into a
muzzle loading weapon, or any muzzle loading weapon
which can be readily converted to fire fixed ammunition
by replacing the barrel, bolt, breechblock, or any
combination thereof.
(17)(A) The term ``ammunition'' means ammunition or cartridge
cases, primers, bullets, or propellent powder designed for use
in any firearm.
(B) The term ``armor piercing ammunition'' means--
(i) a projectile or projectile core which may be used
in a handgun and which is constructed entirely
(excluding the presence of traces of other substances)
from one or a combination of tungsten alloys, steel,
iron, brass, bronze, beryllium copper, or depleted
uranium; or
(ii) a full jacketed projectile larger than .22
caliber designed and intended for use in a handgun and
whose jacket has a weight of more than 25 percent of
the total weight of the projectile.
(C) The term ``armor piercing ammunition'' does not include
shotgun shot required by Federal or State environmental or game
regulations for hunting purposes, a frangible projectile
designed for target shooting, a projectile which the Attorney
General finds is primarily intended to be used for sporting
purposes, or any other projectile or projectile core which the
Attorney General finds is intended to be used for industrial
purposes, including a charge used in an oil and gas well
perforating device.
(18) The term ``Attorney General'' means the Attorney General
of the United States
(19) The term ``published ordinance'' means a published law
of any political subdivision of a State which the Attorney
General determines to be relevant to the enforcement of this
chapter and which is contained on a list compiled by the
Attorney General, which list shall be published in the Federal
Register, revised annually, and furnished to each licensee
under this chapter.
(20) The term ``crime punishable by imprisonment for a term
exceeding one year'' does not include--
(A) any Federal or State offenses pertaining to
antitrust violations, unfair trade practices,
restraints of trade, or other similar offenses relating
to the regulation of business practices, or
(B) any State offense classified by the laws of the
State as a misdemeanor and punishable by a term of
imprisonment of two years or less.
What constitutes a conviction of such a crime shall be
determined in accordance with the law of the jurisdiction in
which the proceedings were held. Any conviction which has been
expunged, or set aside or for which a person has been pardoned
or has had civil rights restored shall not be considered a
conviction for purposes of this chapter, unless such pardon,
expungement, or restoration of civil rights expressly provides
that the person may not ship, transport, possess, or receive
firearms.
(21) The term ``engaged in the business'' means--
(A) as applied to a manufacturer of firearms, a
person who devotes time, attention, and labor to
manufacturing firearms as a regular course of trade or
business with the principal objective of livelihood and
profit through the sale or distribution of the firearms
manufactured;
(B) as applied to a manufacturer of ammunition, a
person who devotes time, attention, and labor to
manufacturing ammunition as a regular course of trade
or business with the principal objective of livelihood
and profit through the sale or distribution of the
ammunition manufactured;
(C) as applied to a dealer in firearms, as defined in
section 921(a)(11)(A), a person who devotes time,
attention, and labor to dealing in firearms as a
regular course of trade or business with the principal
objective of livelihood and profit through the
repetitive purchase and resale of firearms, but such
term shall not include a person who makes occasional
sales, exchanges, or purchases of firearms for the
enhancement of a personal collection or for a hobby, or
who sells all or part of his personal collection of
firearms;
(D) as applied to a dealer in firearms, as defined in
section 921(a)(11)(B), a person who devotes time,
attention, and labor to engaging in such activity as a
regular course of trade or business with the principal
objective of livelihood and profit, but such term shall
not include a person who makes occasional repairs of
firearms, or who occasionally fits special barrels,
stocks, or trigger mechanisms to firearms;
(E) as applied to an importer of firearms, a person
who devotes time, attention, and labor to importing
firearms as a regular course of trade or business with
the principal objective of livelihood and profit
through the sale or distribution of the firearms
imported; and
(F) as applied to an importer of ammunition, a person
who devotes time, attention, and labor to importing
ammunition as a regular course of trade or business
with the principal objective of livelihood and profit
through the sale or distribution of the ammunition
imported.
(22) The term ``with the principal objective of livelihood
and profit'' means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other intents,
such as improving or liquidating a personal firearms
collection: Provided, That proof of profit shall not be
required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for criminal
purposes or terrorism. For purposes of this paragraph, the term
``terrorism'' means activity, directed against United States
persons, which--
(A) is committed by an individual who is not a
national or permanent resident alien of the United
States;
(B) involves violent acts or acts dangerous to human
life which would be a criminal violation if committed
within the jurisdiction of the United States; and
(C) is intended--
(i) to intimidate or coerce a civilian
population;
(ii) to influence the policy of a government
by intimidation or coercion; or
(iii) to affect the conduct of a government
by assassination or kidnapping.
(23) The term ``machinegun'' has the meaning given such term
in section 5845(b) of the National Firearms Act (26 U.S.C.
5845(b)).
(24) The terms ``firearm silencer'' and ``firearm muffler''
mean any device for silencing, muffling, or diminishing the
report of a portable firearm, including any combination of
parts, designed or redesigned, and intended for use in
assembling or fabricating a firearm silencer or firearm
muffler, and any part intended only for use in such assembly or
fabrication.
(25) The term ``school zone'' means--
(A) in, or on the grounds of, a public, parochial or
private school; or
(B) within a distance of 1,000 feet from the grounds
of a public, parochial or private school.
(26) The term ``school'' means a school which provides
elementary or secondary education, as determined under State
law.
(27) The term ``motor vehicle'' has the meaning given such
term in section 13102 of title 49, United States Code.
(28) The term ``semiautomatic rifle'' means any repeating
rifle which utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round, and which requires a separate pull of the trigger
to fire each cartridge.
(29) The term ``handgun'' means--
(A) a firearm which has a short stock and is designed
to be held and fired by the use of a single hand; and
(B) any combination of parts from which a firearm
described in subparagraph (A) can be assembled.
(30) The term ``qualified individual'' means--
(A) a member of the Armed Forces on active duty; and
(B) a full-time employee of the United States, a
State, or a political subdivision of a State who in the
course of his or her official duties is authorized to
carry a firearm.
(31) The term ``ammunition feeding device'' means a magazine,
belt, drum, feed strip, or similar device, but does not include
an attached tubular device which is only capable of operating
with .22 caliber rimfire ammunition.
(32) The term ``intimate partner'' means, with respect to a
person, the spouse of the person, a former spouse of the
person, an individual who is a parent of a child of the person,
and an individual who cohabitates or has cohabited with the
person.
(33)(A) Except as provided in subparagraph (C), the term
``misdemeanor crime of domestic violence'' means an offense
that--
(i) is a misdemeanor under Federal, State,, Tribal,
or local law; and
(ii) has, as an element, the use or attempted use of
physical force, or the threatened use of a deadly
weapon, committed by a current or former spouse,
parent, or guardian of the victim, by a person with
whom the victim shares a child in common, by a person
who is cohabiting with or has cohabited with the victim
as a spouse, parent, or guardian, or by a person
similarly situated to a spouse, parent, or guardian of
the victim.
(B)(i) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter,
unless--
(I) the person was represented by counsel in the
case, or knowingly and intelligently waived the right
to counsel in the case; and
(II) in the case of a prosecution for an offense
described in this paragraph for which a person was
entitled to a jury trial in the jurisdiction in which
the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently
waived the right to have the case tried by a
jury, by guilty plea or otherwise.
(ii) A person shall not be considered to have been convicted
of such an offense for purposes of this chapter if the
conviction has been expunged or set aside, or is an offense for
which the person has been pardoned or has had civil rights
restored (if the law of the applicable jurisdiction provides
for the loss of civil rights under such an offense) unless the
pardon, expungement, or restoration of civil rights expressly
provides that the person may not ship, transport, possess, or
receive firearms.
(34) The term ``secure gun storage or safety device'' means--
(A) a device that, when installed on a firearm, is
designed to prevent the firearm from being operated
without first deactivating the device;
(B) a device incorporated into the design of the
firearm that is designed to prevent the operation of
the firearm by anyone not having access to the device;
or
(C) a safe, gun safe, gun case, lock box, or other
device that is designed to be or can be used to store a
firearm and that is designed to be unlocked only by
means of a key, a combination, or other similar means.
(35) The term ``body armor'' means any product sold or
offered for sale, in interstate or foreign commerce, as
personal protective body covering intended to protect against
gunfire, regardless of whether the product is to be worn alone
or is sold as a complement to another product or garment.
(36) The term ``local law enforcement authority'' means a
bureau, office, department or other authority of a State or
local government or Tribe that has jurisdiction to investigate
a violation or potential violation of, or enforce, a State,
local, or Tribal law.
(37) The term ``family members'' means spouses, domestic
partners, parents and their children, including step-parents
and their step-children, siblings, aunts or uncles and their
nieces or nephews, or grandparents and their grandchildren.
(38) The term ``ghost gun''--
(A) means a firearm, including a frame or receiver,
that lacks a unique serial number engraved or cast on
the frame or receiver by a licensed manufacturer or
importer in accordance with this chapter; and
(B) does not include--
(i) a firearm that has been rendered
permanently inoperable;
(ii) a firearm that, not later than 30 months
after the date of enactment of this paragraph,
has been identified by means of a unique serial
number, assigned by a State agency, engraved or
cast on the receiver or frame of the firearm in
accordance with State law;
(iii) a firearm manufactured or imported
before December 16, 1968; or
(iv) a firearm identified as provided for
under section 5842 of the Internal Revenue Code
of 1986.
(39) The term ``fire control component''--
(A) means a component necessary for the firearm to
initiate or complete the firing sequence; and
(B) includes a hammer, bolt or breechblock, cylinder,
trigger mechanism, firing pin, striker, and slide
rails.
(40)(A) The term ``frame or receiver''--
(i) means a part of a weapon that provides or is
intended to provide the housing or structure to hold or
integrate 1 or more fire control components, even if
pins or other attachments are required to connect those
components to the housing or structure;
(ii) includes a frame or receiver, blank, casting, or
machined body, that requires modification, including
machining, drilling, filing or molding, to be used as
part of a functional firearm, and which is designed and
intended to be used in the assembly of a functional
firearm, unless the piece of material has had--
(I) its size or external shape altered solely
to facilitate transportation or storage; or
(II) solely its chemical composition altered.
(B) For purposes of subparagraph (A)(i), if a weapon with
more than 1 part that provides the housing or a structure
designed to hold or integrate 1 or more fire control or
essential components, each such part shall be considered a
frame or receiver, unless the Attorney General has provided
otherwise by regulation or other formal determination with
respect to the specific make and model of weapon on or before
January 1, 2023.
(41) The term ``bump stock'' has the meaning given such term
in section 5845(n) of the National Firearms Act (26 U.S.C.
5845(n)).
(42) The term ``large capacity ammunition feeding device''--
(A) means a magazine, belt, drum, feed strip, helical
feeding device, or similar device, including any such
device joined or coupled with another in any manner,
that has an overall capacity of, or that can be readily
restored, changed, or converted to accept, more than 10
rounds of ammunition; and
(B) does not include an attached tubular device
designed to accept, and capable of operating only with,
.22 caliber rimfire ammunition.
(43) The term ``qualified law enforcement officer'' has the
meaning given the term in section 926B.
(b) For the purposes of this chapter, a member of the Armed
Forces on active duty is a resident of the State in which his
permanent duty station is located.
Sec. 922. Unlawful acts
(a) It shall be unlawful--
(1) for any person--
(A) except a licensed importer, licensed
manufacturer, or licensed dealer, to engage in
the business of importing, manufacturing, or
dealing in firearms, or in the course of such
business to ship, transport, or receive any
firearm in interstate or foreign commerce; or
(B) except a licensed importer or licensed
manufacturer, to engage in the business of
importing or manufacturing ammunition, or in
the course of such business, to ship,
transport, or receive any ammunition in
interstate or foreign commerce;
(2) for any importer, manufacturer, dealer, or
collector licensed under the provisions of this chapter
to ship or transport in interstate or foreign commerce
any firearm to any person other than a licensed
importer, licensed manufacturer, licensed dealer, or
licensed collector, except that--
(A) this paragraph and subsection (b)(3)
shall not be held to preclude a licensed
importer, licensed manufacturer, licensed
dealer, or licensed collector from returning a
firearm or replacement firearm of the same kind
and type to a person from whom it was received;
and this paragraph shall not be held to
preclude an individual from mailing a firearm
owned in compliance with Federal, State, and
local law to a licensed importer, licensed
manufacturer, licensed dealer, or licensed
collector;
(B) this paragraph shall not be held to
preclude a licensed importer, licensed
manufacturer, or licensed dealer from
depositing a firearm for conveyance in the
mails to any officer, employee, agent, or
watchman who, pursuant to the provisions of
section 1715 of this title, is eligible to
receive through the mails pistols, revolvers,
and other firearms capable of being concealed
on the person, for use in connection with his
official duty; and
(C) nothing in this paragraph shall be
construed as applying in any manner in the
District of Columbia, the Commonwealth of
Puerto Rico, or any possession of the United
States differently than it would apply if the
District of Columbia, the Commonwealth of
Puerto Rico, or the possession were in fact a
State of the United States;
(3) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector to transport into or receive in the State
where he resides (or if the person is a corporation or
other business entity, the State where it maintains a
place of business) any firearm purchased or otherwise
obtained by such person outside that State, except that
this paragraph (A) shall not preclude any person who
lawfully acquires a firearm by bequest or intestate
succession in a State other than his State of residence
from transporting the firearm into or receiving it in
that State, if it is lawful for such person to purchase
or possess such firearm in that State, (B) shall not
apply to the transportation or receipt of a firearm
obtained in conformity with subsection (b)(3) of this
section, and (C) shall not apply to the transportation
of any firearm acquired in any State prior to the
effective date of this chapter;
(4) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector, to transport in interstate or foreign
commerce any destructive device, bump stock, machinegun
(as defined in section 5845 of the Internal Revenue
Code of 1986), short-barreled shotgun, or short-
barreled rifle, except as specifically authorized by
the Attorney General consistent with public safety and
necessity;
(5) for any person (other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector) to transfer, sell, trade, give, transport,
or deliver any firearm to any person (other than a
licensed importer, licensed manufacturer, licensed
dealer, or licensed collector) who the transferor knows
or has reasonable cause to believe does not reside in
(or if the person is a corporation or other business
entity, does not maintain a place of business in) the
State in which the transferor resides; except that this
paragraph shall not apply to (A) the transfer,
transportation, or delivery of a firearm made to carry
out a bequest of a firearm to, or an acquisition by
intestate succession of a firearm by, a person who is
permitted to acquire or possess a firearm under the
laws of the State of his residence, and (B) the loan or
rental of a firearm to any person for temporary use for
lawful sporting purposes;
(6) for any person in connection with the acquisition
or attempted acquisition of any firearm or ammunition
from a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, knowingly to
make any false or fictitious oral or written statement
or to furnish or exhibit any false, fictitious, or
misrepresented identification, intended or likely to
deceive such importer, manufacturer, dealer, or
collector with respect to any fact material to the
lawfulness of the sale or other disposition of such
firearm or ammunition under the provisions of this
chapter;
(7) for any person to manufacture or import armor
piercing ammunition, unless--
(A) the manufacture of such ammunition is for
the use of the United States, any department or
agency of the United States, any State, or any
department, agency, or political subdivision of
a State;
(B) the manufacture of such ammunition is for
the purpose of exportation; or
(C) the manufacture or importation of such
ammunition is for the purpose of testing or
experimentation and has been authorized by the
Attorney General;
(8) for any manufacturer or importer to sell or
deliver armor piercing ammunition, unless such sale or
delivery--
(A) is for the use of the United States, any
department or agency of the United States, any
State, or any department, agency, or political
subdivision of a State;
(B) is for the purpose of exportation; or
(C) is for the purpose of testing or
experimentation and has been authorized by the
Attorney General;
(9) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector, who does not reside in any State to receive
any firearms unless such receipt is for lawful sporting
purposes.
(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver--
[(1) any firearm or ammunition to any individual who
the licensee knows or has reasonable cause to believe
is less than eighteen years of age, and, if the
firearm, or ammunition is other than a shotgun or
rifle, or ammunition for a shotgun or rifle, to any
individual who the licensee knows or has reasonable
cause to believe is less than twenty-one years of age;]
(1)(A) any firearm or ammunition to any individual
who the licensee knows or has reasonable cause to
believe has not attained 18 years of age;
(B) any semiautomatic centerfire rifle or
semiautomatic centerfire shotgun that has, or has the
capacity to accept, an ammunition feeding device with a
capacity exceeding 5 rounds, to any individual who the
licensee knows or has reasonable cause to believe has
not attained 21 years of age and is not a qualified
individual; or
(C) if the firearm or ammunition is not a
semiautomatic centerfire rifle or semiautomatic
centerfire shotgun described in subparagraph (B) and is
other than a shotgun or rifle, or ammunition for a
shotgun or rifle, to any individual who the licensee
knows or has reasonable cause to believe has not
attained 21 years of age;
(2) any firearm to any person in any State where the
purchase or possession by such person of such firearm
would be in violation of any State law or any published
ordinance applicable at the place of sale, delivery or
other disposition, unless the licensee knows or has
reasonable cause to believe that the purchase or
possession would not be in violation of such State law
or such published ordinance;
(3) any firearm to any person who the licensee knows
or has reasonable cause to believe does not reside in
(or if the person is a corporation or other business
entity, does not maintain a place of business in) the
State in which the licensee's place of business is
located, except that this paragraph (A) shall not apply
to the sale or delivery of any rifle or shotgun to a
resident of a State other than a State in which the
licensee's place of business is located if the
transferee meets in person with the transferor to
accomplish the transfer, and the sale, delivery, and
receipt fully comply with the legal conditions of sale
in both such States (and any licensed manufacturer,
importer or dealer shall be presumed, for purposes of
this subparagraph, in the absence of evidence to the
contrary, to have had actual knowledge of the State
laws and published ordinances of both States), and (B)
shall not apply to the loan or rental of a firearm to
any person for temporary use for lawful sporting
purposes;
(4) to any person any destructive device, bump stock,
machinegun (as defined in section 5845 of the Internal
Revenue Code of 1986), short-barreled shotgun, or
short-barreled rifle, except as specifically authorized
by the Attorney General consistent with public safety
and necessity; and
(5) any firearm or armor-piercing ammunition to any
person unless the licensee notes in his records,
required to be kept pursuant to section 923 of this
chapter, the name, age, and place of residence of such
person if the person is an individual, or the identity
and principal and local places of business of such
person if the person is a corporation or other business
entity.
Paragraphs (1), (2), (3), and (4) of this subsection shall not
apply to transactions between licensed importers, licensed
manufacturers, licensed dealers, and licensed collectors.
Paragraph (4) of this subsection shall not apply to a sale or
delivery to any research organization designated by the
Attorney General.
(c) In any case not otherwise prohibited by this chapter, a
licensed importer, licensed manufacturer, or licensed dealer
may sell a firearm to a person who does not appear in person at
the licensee's business premises (other than another licensed
importer, manufacturer, or dealer) only if--
(1) the transferee submits to the transferor a sworn
statement in the following form:
``Subject to penalties provided by law, I swear that,
[in the case of any firearm other than a shotgun or a
rifle, I am twenty-one years or more of age, or that,
in the case of a shotgun or a rifle, I am eighteen
years or more of age] (1) in the case of a
semiautomatic centerfire rifle or semiautomatic
centerfire shotgun that has, or has the capacity to
accept, an ammunition feeding device with a capacity
exceeding 5 rounds, I am at least 21 years of age or a
qualified individual (as defined in section 921(a)(30)
of title 18, United States Code), (2) in the case of a
firearm other than a shotgun, a rifle, or such a
semiautomatic centerfire rifle or semiautomatic
centerfire shotgun, I am at least 21 years of age, or
(3) in the case of any other shotgun or rifle, I am at
least 18 years of age; that I am not prohibited by the
provisions of chapter 44 of title 18, United States
Code, from receiving a firearm in interstate or foreign
commerce; and that my receipt of this firearm will not
be in violation of any statute of the State and
published ordinance applicable to the locality in which
I reside. Further, the true title, name, and address of
the principal law enforcement officer of the locality
to which the firearm will be delivered are ____________
_______________________
Signature _________ Date ____.''
and containing blank spaces for the attachment of a
true copy of any permit or other information required
pursuant to such statute or published ordinance;
(2) the transferor has, prior to the shipment or
delivery of the firearm, forwarded by registered or
certified mail (return receipt requested) a copy of the
sworn statement, together with a description of the
firearm, in a form prescribed by the Attorney General,
to the chief law enforcement officer of the
transferee's place of residence, and has received a
return receipt evidencing delivery of the statement or
has had the statement returned due to the refusal of
the named addressee to accept such letter in accordance
with United States Post Office Department regulations;
and
(3) the transferor has delayed shipment or delivery
for a period of at least seven days following receipt
of the notification of the acceptance or refusal of
delivery of the statement.
A copy of the sworn statement and a copy of the notification to
the local law enforcement officer, together with evidence of
receipt or rejection of that notification shall be retained by
the licensee as a part of the records required to be kept under
section 923(g).
(d) It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person--
(1) is under indictment for, or has been convicted in
any court of, a crime punishable by imprisonment for a
term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has
been committed to any mental institution;
(5) who, being an alien--
(A) is illegally or unlawfully in the United
States; or
(B) except as provided in subsection (y)(2),
has been admitted to the United States under a
nonimmigrant visa (as that term is defined in
section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces
under dishonorable conditions;
(7) who, having been a citizen of the United States,
has renounced his citizenship;
(8) is subject to a court order that restrains such
person from harassing, stalking, or threatening an
intimate partner of such person or child of such
intimate partner or person, or engaging in other
conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or
child, except that this paragraph shall only apply to a
court order that--
(A) was issued after a hearing of which such
person received actual notice, and at which
such person had the opportunity to participate;
and
(B)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury; [or]
(9) has been convicted in any court of a misdemeanor
crime of domestic violence[.]; or
(10) intends to sell or otherwise dispose of the
firearm or ammunition in violation of a Federal law, or
to sell or otherwise dispose of the firearm or
ammunition to a person in another State in violation of
a law of that State.
This subsection shall not apply with respect to the sale or
disposition of a firearm or ammunition to a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector
who pursuant to subsection (b) of section 925 of this chapter
is not precluded from dealing in firearms or ammunition, or to
a person who has been granted relief from disabilities pursuant
to subsection (c) of section 925 of this chapter.
(e) It shall be unlawful for any person knowingly to deliver
or cause to be delivered to any common or contract carrier for
transportation or shipment in interstate or foreign commerce,
to persons other than licensed importers, licensed
manufacturers, licensed dealers, or licensed collectors, any
package or other container in which there is any firearm or
ammunition without written notice to the carrier that such
firearm or ammunition is being transported or shipped; except
that any passenger who owns or legally possesses a firearm or
ammunition being transported aboard any common or contract
carrier for movement with the passenger in interstate or
foreign commerce may deliver said firearm or ammunition into
the custody of the pilot, captain, conductor or operator of
such common or contract carrier for the duration of the trip
without violating any of the provisions of this chapter. No
common or contract carrier shall require or cause any label,
tag, or other written notice to be placed on the outside of any
package, luggage, or other container that such package,
luggage, or other container contains a firearm.
(f)(1) It shall be unlawful for any common or contract
carrier to transport or deliver in interstate or foreign
commerce any firearm or ammunition with knowledge or reasonable
cause to believe that the shipment, transportation, or receipt
thereof would be in violation of the provisions of this
chapter.
(2) It shall be unlawful for any common or contract carrier
to deliver in interstate or foreign commerce any firearm
without obtaining written acknowledgement of receipt from the
recipient of the package or other container in which there is a
firearm.
(g) It shall be unlawful for any person--
(1) who has been convicted in any court of, a crime
punishable by imprisonment for a term exceeding one
year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or
who has been committed to a mental institution;
(5) who, being an alien--
(A) is illegally or unlawfully in the United
States; or
(B) except as provided in subsection (y)(2),
has been admitted to the United States under a
nonimmigrant visa (as that term is defined in
section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces
under dishonorable conditions;
(7) who, having been a citizen of the United States,
has renounced his citizenship;
(8) who is subject to a court order that--
(A) was issued after a hearing of which such
person received actual notice, and at which
such person had an opportunity to participate;
(B) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner
or person, or engaging in other conduct that
would place an intimate partner in reasonable
fear of bodily injury to the partner or child;
and
(C)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury; or
(9) who has been convicted in any court of a
misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or
possess in or affecting commerce, any firearm or ammunition; or
to receive any firearm or ammunition which has been shipped or
transported in interstate or foreign commerce.
(h) It shall be unlawful for any individual, who to that
individual's knowledge and while being employed for any person
described in any paragraph of subsection (g) of this section,
in the course of such employment--
(1) to receive, possess, or transport any firearm or
ammunition in or affecting interstate or foreign
commerce; or
(2) to receive any firearm or ammunition which has
been shipped or transported in interstate or foreign
commerce.
(i) It shall be unlawful for any person to transport or ship
in interstate or foreign commerce, any stolen firearm or stolen
ammunition, knowing or having reasonable cause to believe that
the firearm or ammunition was stolen.
(j) It shall be unlawful for any person to receive, possess,
conceal, store, barter, sell, or dispose of any stolen firearm
or stolen ammunition, or pledge or accept as security for a
loan any stolen firearm or stolen ammunition, which is moving
as, which is a part of, which constitutes, or which has been
shipped or transported in, interstate or foreign commerce,
either before or after it was stolen, knowing or having
reasonable cause to believe that the firearm or ammunition was
stolen.
(k) It shall be unlawful for any person knowingly to
transport, ship, or receive, in interstate or foreign commerce,
any firearm which has had the [importer's or manufacturer's]
serial number authorized by this chapter or under State law
removed, obliterated, or altered or to possess or receive any
firearm which has had the [importer's or manufacturer's] serial
number authorized by this chapter or under State law removed,
obliterated, or altered and has, at any time, been shipped or
transported in interstate or foreign commerce.
(l) Except as provided in section 925(d) of this chapter, it
shall be unlawful for any person knowingly to import or bring
into the United States or any possession thereof any firearm or
ammunition; and it shall be unlawful for any person knowingly
to receive any firearm or ammunition which has been imported or
brought into the United States or any possession thereof in
violation of the provisions of this chapter.
(m) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector knowingly
to make any false entry in, to fail to make appropriate entry
in, or to fail to properly maintain, any record which he is
required to keep pursuant to section 923 of this chapter or
regulations promulgated thereunder.
(n) It shall be unlawful for any person who is under
indictment for a crime punishable by imprisonment for a term
exceeding one year to ship or transport in interstate or
foreign commerce any firearm or ammunition or receive any
firearm or ammunition which has been shipped or transported in
interstate or foreign commerce.
(o)(1) Except as provided in paragraph (2), it shall be
unlawful for any person to transfer or possess a machinegun or
bump stock.
(2) This subsection does not apply with respect to--
(A) a transfer to or by, or possession by or under
the authority of, the United States or any department
or agency thereof or a State, or a department, agency,
or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a
machinegun that was lawfully possessed before the date
this subsection takes effect.
(p)(1) It shall be unlawful for any person to manufacture,
import, sell, ship, deliver, possess, transfer, or receive [any
firearm]--
[(A) that, after removal of grips, stocks, and
magazines, is not as detectable as the Security
Exemplar, by walk-through metal detectors calibrated
and operated to detect the Security Exemplar; or]
(A) an undetectable firearm; or
(B) [any major component of which, when subjected to
inspection by the types of x-ray machines commonly used
at airports, does not generate] a major component of a
firearm which, if subjected to inspection by the types
of detection devices commonly used at airports for
security screening, would not generate an image that
accurately depicts the shape of the component. Barium
sulfate or other compounds may be used in the
fabrication of the component.
(2) For purposes of this subsection--
[(A) the term ``firearm'' does not include the frame
or receiver of any such weapon;
[(B) the term ``major component'' means, with respect
to a firearm, the barrel, the slide or cylinder, or the
frame or receiver of the firearm; and
[(C) the term ``Security Exemplar'' means an object,
to be fabricated at the direction of the Attorney
General, that is--
[(i) constructed of, during the 12-month
period beginning on the date of the enactment
of this subsection, 3.7 ounces of material type
17-4 PH stainless steel in a shape resembling a
handgun; and
[(ii) suitable for testing and calibrating
metal detectors:
Provided, however, That at the close of such 12-month period,
and at appropriate times thereafter the Attorney General shall
promulgate regulations to permit the manufacture, importation,
sale, shipment, delivery, possession, transfer, or receipt of
firearms previously prohibited under this subparagraph that are
as detectable as a ``Security Exemplar'' which contains 3.7
ounces of material type 17-4 PH stainless steel, in a shape
resembling a handgun, or such lesser amount as is detectable in
view of advances in state-of-the-art developments in weapons
detection technology.]
(A) the term ``undetectable firearm'' means a
firearm, as defined in section 921(a)(3)(A), of which
no major component is wholly made of detectable
material;
(B) the term ``major component'', with respect to a
firearm--
(i) means the slide or cylinder or the frame
or receiver of the firearm; and
(ii) in the case of a rifle or shotgun,
includes the barrel of the firearm; and
(C) the term ``detectable material'' means any
material that creates a magnetic field equivalent to or
more than 3.7 ounces of 17-4 pH stainless steel.
(3) Under such rules and regulations as the Attorney General
shall prescribe, this subsection shall not apply to the
manufacture, possession, transfer, receipt, shipment, or
delivery of a firearm, including a prototype, by a licensed
manufacturer or any person acting pursuant to a contract with a
licensed manufacturer, for the purpose of examining and testing
such firearm to determine whether paragraph (1) applies to such
firearm. [The Attorney General shall ensure that rules and
regulations adopted pursuant to this paragraph do not impair
the manufacture of prototype firearms or the development of new
technology.]
(4) The Attorney General shall permit the conditional
importation of a firearm by a licensed importer or licensed
manufacturer, for examination and testing to determine whether
or not the unconditional importation of such firearm would
violate this subsection.
(5) This subsection [shall not apply to any firearm which--]
shall not apply to--
[(A) has been certified by the Secretary of Defense
or the Director of Central Intelligence, after
consultation with the Attorney General and the
Administrator of the Federal Aviation Administration,
as necessary for military or intelligence applications;
and
[(B) is manufactured for and sold exclusively to
military or intelligence agencies of the United
States.]
(A) any firearm received by, in the possession of, or
under the control of the United States; or
(B) the manufacture, importation, possession,
transfer, receipt, shipment, or delivery of a firearm
by a licensed manufacturer or licensed importer
pursuant to a contract with the United States.
(6) This subsection shall not apply with respect to any
firearm manufactured in, imported into, or possessed in the
United States before the date of the enactment of the
Undetectable Firearms Act of 1988.
(q)(1) The Congress finds and declares that--
(A) crime, particularly crime involving drugs and
guns, is a pervasive, nationwide problem;
(B) crime at the local level is exacerbated by the
interstate movement of drugs, guns, and criminal gangs;
(C) firearms and ammunition move easily in interstate
commerce and have been found in increasing numbers in
and around schools, as documented in numerous hearings
in both the Committee on the Judiciary the House of
Representatives and the Committee on the Judiciary of
the Senate;
(D) in fact, even before the sale of a firearm, the
gun, its component parts, ammunition, and the raw
materials from which they are made have considerably
moved in interstate commerce;
(E) while criminals freely move from State to State,
ordinary citizens and foreign visitors may fear to
travel to or through certain parts of the country due
to concern about violent crime and gun violence, and
parents may decline to send their children to school
for the same reason;
(F) the occurrence of violent crime in school zones
has resulted in a decline in the quality of education
in our country;
(G) this decline in the quality of education has an
adverse impact on interstate commerce and the foreign
commerce of the United States;
(H) States, localities, and school systems find it
almost impossible to handle gun-related crime by
themselves--even States, localities, and school systems
that have made strong efforts to prevent, detect, and
punish gun-related crime find their efforts unavailing
due in part to the failure or inability of other States
or localities to take strong measures; and
(I) the Congress has the power, under the interstate
commerce clause and other provisions of the
Constitution, to enact measures to ensure the integrity
and safety of the Nation's schools by enactment of this
subsection.
(2)(A) It shall be unlawful for any individual knowingly to
possess a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the individual
knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a
firearm--
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is
licensed to do so by the State in which the school zone
is located or a political subdivision of the State, and
the law of the State or political subdivision requires
that, before an individual obtains such a license, the
law enforcement authorities of the State or political
subdivision verify that the individual is qualified
under law to receive the license;
(iii) that is--
(I) not loaded; and
(II) in a locked container, or a locked
firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved
by a school in the school zone;
(v) by an individual in accordance with a contract
entered into between a school in the school zone and
the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or
her official capacity; or
(vii) that is unloaded and is possessed by an
individual while traversing school premises for the
purpose of gaining access to public or private lands
open to hunting, if the entry on school premises is
authorized by school authorities.
(3)(A) Except as provided in subparagraph (B), it shall be
unlawful for any person, knowingly or with reckless disregard
for the safety of another, to discharge or attempt to discharge
a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the person knows
is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a
firearm--
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the
school zone, by an individual who is participating in
the program;
(iii) by an individual in accordance with a contract
entered into between a school in a school zone and the
individual or an employer of the individual; or
(iv) by a law enforcement officer acting in his or
her official capacity.
(4) Nothing in this subsection shall be construed as
preempting or preventing a State or local government from
enacting a statute establishing gun free school zones as
provided in this subsection.
(r) It shall be unlawful for any person to assemble from
imported parts any semiautomatic rifle or any shotgun which is
identical to any rifle or shotgun prohibited from importation
under section 925(d)(3) of this chapter as not being
particularly suitable for or readily adaptable to sporting
purposes except that this subsection shall not apply to--
(1) the assembly of any such rifle or shotgun for
sale or distribution by a licensed manufacturer to the
United States or any department or agency thereof or to
any State or any department, agency, or political
subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the
purposes of testing or experimentation authorized by
the Attorney General.
(s)(1) Beginning on the date that is 90 days after the date
of enactment of this subsection and ending on the day before
the date that is 60 months after such date of enactment, it
shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver, or transfer
a handgun (other than the return of a handgun to the person
from whom it was received) to an individual who is not licensed
under section 923, unless--
(A) after the most recent proposal of such transfer
by the transferee--
(i) the transferor has--
(I) received from the transferee a
statement of the transferee containing
the information described in paragraph
(3);
(II) verified the identity of the
transferee by examining the
identification document presented;
(III) within 1 day after the
transferee furnishes the statement,
provided notice of the contents of the
statement to the chief law enforcement
officer of the place of residence of
the transferee; and
(IV) within 1 day after the
transferee furnishes the statement,
transmitted a copy of the statement to
the chief law enforcement officer of
the place of residence of the
transferee; and
(ii)(I) 5 business days (meaning days on
which State offices are open) have elapsed from
the date the transferor furnished notice of the
contents of the statement to the chief law
enforcement officer, during which period the
transferor has not received information from
the chief law enforcement officer that receipt
or possession of the handgun by the transferee
would be in violation of Federal, State, or
local law; or
(II) the transferor has received notice from
the chief law enforcement officer that the
officer has no information indicating that
receipt or possession of the handgun by the
transferee would violate Federal, State, or
local law;
(B) the transferee has presented to the transferor a
written statement, issued by the chief law enforcement
officer of the place of residence of the transferee
during the 10-day period ending on the date of the most
recent proposal of such transfer by the transferee,
stating that the transferee requires access to a
handgun because of a threat to the life of the
transferee or of any member of the household of the
transferee;
(C)(i) the transferee has presented to the transferor
a permit that--
(I) allows the transferee to possess or
acquire a handgun; and
(II) was issued not more than 5 years earlier
by the State in which the transfer is to take
place; and
(ii) the law of the State provides that such a permit
is to be issued only after an authorized government
official has verified that the information available to
such official does not indicate that possession of a
handgun by the transferee would be in violation of the
law;
(D) the law of the State requires that, before any
licensed importer, licensed manufacturer, or licensed
dealer completes the transfer of a handgun to an
individual who is not licensed under section 923, an
authorized government official verify that the
information available to such official does not
indicate that possession of a handgun by the transferee
would be in violation of law;
(E) the Attorney General has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
(F) on application of the transferor, the Attorney
General has certified that compliance with subparagraph
(A)(i)(III) is impracticable because--
(i) the ratio of the number of law
enforcement officers of the State in which the
transfer is to occur to the number of square
miles of land area of the State does not exceed
0.0025;
(ii) the business premises of the transferor
at which the transfer is to occur are extremely
remote in relation to the chief law enforcement
officer; and
(iii) there is an absence of
telecommunications facilities in the
geographical area in which the business
premises are located.
(2) A chief law enforcement officer to whom a transferor has
provided notice pursuant to paragraph (1)(A)(i)(III) shall make
a reasonable effort to ascertain within 5 business days whether
receipt or possession would be in violation of the law,
including research in whatever State and local recordkeeping
systems are available and in a national system designated by
the Attorney General.
(3) The statement referred to in paragraph (1)(A)(i)(I) shall
contain only--
(A) the name, address, and date of birth appearing on
a valid identification document (as defined in section
1028(d)(1)) of the transferee containing a photograph
of the transferee and a description of the
identification used;
(B) a statement that the transferee--
(i) is not under indictment for, and has not
been convicted in any court of, a crime
punishable by imprisonment for a term exceeding
1 year, and has not been convicted in any court
of a misdemeanor crime of domestic violence;
(ii) is not a fugitive from justice;
(iii) is not an unlawful user of or addicted
to any controlled substance (as defined in
section 102 of the Controlled Substances Act);
(iv) has not been adjudicated as a mental
defective or been committed to a mental
institution;
(v) is not an alien who--
(I) is illegally or unlawfully in the
United States; or
(II) subject to subsection (y)(2),
has been admitted to the United States
under a nonimmigrant visa (as that term
is defined in section 101(a)(26) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(26)));
(vi) has not been discharged from the Armed
Forces under dishonorable conditions; and
(vii) is not a person who, having been a
citizen of the United States, has renounced
such citizenship;
(C) the date the statement is made; and
(D) notice that the transferee intends to obtain a
handgun from the transferor.
(4) Any transferor of a handgun who, after such transfer,
receives a report from a chief law enforcement officer
containing information that receipt or possession of the
handgun by the transferee violates Federal, State, or local law
shall, within 1 business day after receipt of such request,
communicate any information related to the transfer that the
transferor has about the transfer and the transferee to--
(A) the chief law enforcement officer of the place of
business of the transferor; and
(B) the chief law enforcement officer of the place of
residence of the transferee.
(5) Any transferor who receives information, not otherwise
available to the public, in a report under this subsection
shall not disclose such information except to the transferee,
to law enforcement authorities, or pursuant to the direction of
a court of law.
(6)(A) Any transferor who sells, delivers, or otherwise
transfers a handgun to a transferee shall retain the copy of
the statement of the transferee with respect to the handgun
transaction, and shall retain evidence that the transferor has
complied with subclauses (III) and (IV) of paragraph (1)(A)(i)
with respect to the statement.
(B) Unless the chief law enforcement officer to whom a
statement is transmitted under paragraph (1)(A)(i)(IV)
determines that a transaction would violate Federal, State, or
local law--
(i) the officer shall, within 20 business days after
the date the transferee made the statement on the basis
of which the notice was provided, destroy the
statement, any record containing information derived
from the statement, and any record created as a result
of the notice required by paragraph (1)(A)(i)(III);
(ii) the information contained in the statement shall
not be conveyed to any person except a person who has a
need to know in order to carry out this subsection; and
(iii) the information contained in the statement
shall not be used for any purpose other than to carry
out this subsection.
(C) If a chief law enforcement officer determines that an
individual is ineligible to receive a handgun and the
individual requests the officer to provide the reason for such
determination, the officer shall provide such reasons to the
individual in writing within 20 business days after receipt of
the request.
(7) A chief law enforcement officer or other person
responsible for providing criminal history background
information pursuant to this subsection shall not be liable in
an action at law for damages--
(A) for failure to prevent the sale or transfer of a
handgun to a person whose receipt or possession of the
handgun is unlawful under this section; or
(B) for preventing such a sale or transfer to a
person who may lawfully receive or possess a handgun.
(8) For purposes of this subsection, the term ``chief law
enforcement officer'' means the chief of police, the sheriff,
or an equivalent officer or the designee of any such
individual.
(9) The Attorney General shall take necessary actions to
ensure that the provisions of this subsection are published and
disseminated to licensed dealers, law enforcement officials,
and the public.
(t)(1) Beginning on the date that is 30 days after the
Attorney General notifies licensees under section 103(d) of the
Brady Handgun Violence Prevention Act that the national instant
criminal background check system is established, a licensed
importer, licensed manufacturer, or licensed dealer shall not
transfer a firearm to any other person who is not licensed
under this chapter, unless--
(A) before the completion of the transfer, the
licensee contacts the national instant criminal
background check system established under section 103
of that Act;
(B)(i) the system provides the licensee with a unique
identification number; or
(ii) 3 business days (meaning a day on which State
offices are open) have elapsed since the licensee
contacted the system, and the system has not notified
the licensee that the receipt of a firearm by such
other person would violate subsection (g) or (n) of
this section, or State, local, or Tribal law; and
(C) the transferor has verified the identity of the
transferee by examining a valid identification document
(as defined in section 1028(d) of this title) of the
transferee containing a photograph of the transferee.
(2) If receipt of a firearm would not violate subsection (g)
or (n) or State, local or Tribal law, the system shall--
(A) assign a unique identification number to the
transfer;
(B) provide the licensee with the number; and
(C) destroy all records of the system with respect to
the call (other than the identifying number and the
date the number was assigned) and all records of the
system relating to the person or the transfer.
(3) Paragraph (1) shall not apply to a firearm transfer
between a licensee and another person if--
(A)(i) such other person has presented to the
licensee a permit that--
(I) allows such other person to possess or
acquire a firearm; and
(II) was issued not more than 5 years earlier
by the State in which the transfer is to take
place; and
(ii) the law of the State provides that such a permit
is to be issued only after an authorized government
official has verified that the information available to
such official does not indicate that possession of a
firearm by such other person would be in violation of
law;
(B) the Attorney General has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
(C) on application of the transferor, the Attorney
General has certified that compliance with paragraph
(1)(A) is impracticable because--
(i) the ratio of the number of law
enforcement officers of the State in which the
transfer is to occur to the number of square
miles of land area of the State does not exceed
0.0025;
(ii) the business premises of the licensee at
which the transfer is to occur are extremely
remote in relation to the chief law enforcement
officer (as defined in subsection (s)(8)); and
(iii) there is an absence of
telecommunications facilities in the
geographical area in which the business
premises are located.
(4) If the national instant criminal background check system
notifies the licensee that the information available to the
system does not demonstrate that the receipt of a firearm by
such other person would violate subsection (g) or (n) or State
local, or Tribal law, and the licensee transfers a firearm to
such other person, the licensee shall include in the record of
the transfer the unique identification number provided by the
system with respect to the transfer.
(5) If the licensee knowingly transfers a firearm to such
other person and knowingly fails to comply with paragraph (1)
of this subsection with respect to the transfer and, at the
time such other person most recently proposed the transfer, the
national instant criminal background check system was operating
and information was available to the system demonstrating that
receipt of a firearm by such other person would violate
subsection (g) or (n) of this section or State local, or
Tribal law, the Attorney General may, after notice and
opportunity for a hearing, suspend for not more than 6 months
or revoke any license issued to the licensee under section 923,
and may impose on the licensee a civil fine of not more than
$5,000.
(6) Neither a local government nor an employee of the Federal
Government or of any State or local government, responsible for
providing information to the national instant criminal
background check system shall be liable in an action at law for
damages--
(A) for failure to prevent the sale or transfer of a
firearm to a person whose receipt or possession of the
firearm is unlawful under this section; or
(B) for preventing such a sale or transfer to a
person who may lawfully receive or possess a firearm.
(u) It shall be unlawful for a person to steal or unlawfully
take or carry away from the person or the premises of a person
who is licensed to engage in the business of importing,
manufacturing, or dealing in firearms, any firearm in the
licensee's business inventory that has been shipped or
transported in interstate or foreign commerce.
(v)(1) It shall be unlawful for a person to import, sell,
manufacture, transfer, or possess, in or affecting interstate
or foreign commerce, a large capacity ammunition feeding
device.
(2) Paragraph (1) shall not apply to the possession of any
large capacity ammunition feeding device otherwise lawfully
possessed on or before the date of enactment of this
subsection.
(3) Paragraph (1) shall not apply to--
(A) the importation for, manufacture for, sale to,
transfer to, or possession by the United States or a
department or agency of the United States or a State or
a department, agency, or political subdivision of a
State, or a sale or transfer to or possession by a
qualified law enforcement officer employed by the
United States or a department or agency of the United
States or a State or a department, agency, or political
subdivision of a State for purposes of law enforcement
(whether on or off-duty), or a sale or transfer to or
possession by a campus law enforcement officer for
purposes of law enforcement (whether on or off-duty);
(B) the importation for, or sale or transfer to a
licensee under title I of the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.) for purposes of establishing
and maintaining an on-site physical protection system
and security organization required by Federal law, or
possession by an employee or contractor of such
licensee on-site for such purposes or off-site for
purposes of licensee-authorized training or
transportation of nuclear materials;
(C) the possession, by an individual who is retired
in good standing from service with a law enforcement
agency and is not otherwise prohibited from receiving
ammunition, of a large capacity ammunition feeding
device--
(i) sold or transferred to the individual by
the agency upon such retirement; or
(ii) that the individual purchased, or
otherwise obtained, for official use before
such retirement; or
(D) the importation, sale, manufacture, transfer, or
possession of any large capacity ammunition feeding
device by a licensed manufacturer or licensed importer
for the purposes of testing or experimentation
authorized by the Attorney General.
(4) For purposes of paragraph (3)(A), the term ``campus law
enforcement officer'' means an individual who is--
(A) employed by a private institution of higher
education that is eligible for funding under title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.);
(B) responsible for the prevention or investigation
of crime involving injury to persons or property,
including apprehension or detention of persons for such
crimes;
(C) authorized by Federal, State, or local law to
carry a firearm, execute search warrants, and make
arrests; and
(D) recognized, commissioned, or certified by a
government entity as a law enforcement officer.
(x)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferor knows or has
reasonable cause to believe is a juvenile--
(A) a handgun; or
(B) ammunition that is suitable for use only in a
handgun.
(2) It shall be unlawful for any person who is a juvenile to
knowingly possess--
(A) a handgun; or
(B) ammunition that is suitable for use only in a
handgun.
(3) This subsection does not apply to--
(A) a temporary transfer of a handgun or ammunition
to a juvenile or to the possession or use of a handgun
or ammunition by a juvenile if the handgun and
ammunition are possessed and used by the juvenile--
(i) in the course of employment, in the
course of ranching or farming related to
activities at the residence of the juvenile (or
on property used for ranching or farming at
which the juvenile, with the permission of the
property owner or lessee, is performing
activities related to the operation of the farm
or ranch), target practice, hunting, or a
course of instruction in the safe and lawful
use of a handgun;
(ii) with the prior written consent of the
juvenile's parent or guardian who is not
prohibited by Federal, State, or local law from
possessing a firearm, except--
(I) during transportation by the
juvenile of an unloaded handgun in a
locked container directly from the
place of transfer to a place at which
an activity described in clause (i) is
to take place and transportation by the
juvenile of that handgun, unloaded and
in a locked container, directly from
the place at which such an activity
took place to the transferor; or
(II) with respect to ranching or
farming activities as described in
clause (i), a juvenile may possess and
use a handgun or ammunition with the
prior written approval of the
juvenile's parent or legal guardian and
at the direction of an adult who is not
prohibited by Federal, State or local
law from possessing a firearm;
(iii) the juvenile has the prior written
consent in the juvenile's possession at all
times when a handgun is in the possession of
the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of
the United States or the National Guard who possesses
or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not
possession) of a handgun or ammunition to a juvenile;
or
(D) the possession of a handgun or ammunition by a
juvenile taken in defense of the juvenile or other
persons against an intruder into the residence of the
juvenile or a residence in which the juvenile is an
invited guest.
(4) A handgun or ammunition, the possession of which is
transferred to a juvenile in circumstances in which the
transferor is not in violation of this subsection shall not be
subject to permanent confiscation by the Government if its
possession by the juvenile subsequently becomes unlawful
because of the conduct of the juvenile, but shall be returned
to the lawful owner when such handgun or ammunition is no
longer required by the Government for the purposes of
investigation or prosecution.
(5) For purposes of this subsection, the term ``juvenile''
means a person who is less than 18 years of age.
(6)(A) In a prosecution of a violation of this subsection,
the court shall require the presence of a juvenile defendant's
parent or legal guardian at all proceedings.
(B) The court may use the contempt power to enforce
subparagraph (A).
(C) The court may excuse attendance of a parent or legal
guardian of a juvenile defendant at a proceeding in a
prosecution of a violation of this subsection for good cause
shown.
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant
Visas.--
(1) Definitions.--In this subsection--
(A) the term ``alien'' has the same meaning
as in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)); and
(B) the term ``nonimmigrant visa'' has the
same meaning as in section 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(26)).
(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B),
and (s)(3)(B)(v)(II) do not apply to any alien who has
been lawfully admitted to the United States under a
nonimmigrant visa, if that alien is--
(A) admitted to the United States for lawful
hunting or sporting purposes or is in
possession of a hunting license or permit
lawfully issued in the United States;
(B) an official representative of a foreign
government who is--
(i) accredited to the United States
Government or the Government's mission
to an international organization having
its headquarters in the United States;
or
(ii) en route to or from another
country to which that alien is
accredited;
(C) an official of a foreign government or a
distinguished foreign visitor who has been so
designated by the Department of State; or
(D) a foreign law enforcement officer of a
friendly foreign government entering the United
States on official law enforcement business.
(3) Waiver.--
(A) Conditions for waiver.--Any individual
who has been admitted to the United States
under a nonimmigrant visa may receive a waiver
from the requirements of subsection (g)(5),
if--
(i) the individual submits to the
Attorney General a petition that meets
the requirements of subparagraph (C);
and
(ii) the Attorney General approves
the petition.
(B) Petition.--Each petition under
subparagraph (B) shall--
(i) demonstrate that the petitioner
has resided in the United States for a
continuous period of not less than 180
days before the date on which the
petition is submitted under this
paragraph; and
(ii) include a written statement from
the embassy or consulate of the
petitioner, authorizing the petitioner
to acquire a firearm or ammunition and
certifying that the alien would not,
absent the application of subsection
(g)(5)(B), otherwise be prohibited from
such acquisition under subsection (g).
(C) Approval of petition.--The Attorney
General shall approve a petition submitted in
accordance with this paragraph, if the Attorney
General determines that waiving the
requirements of subsection (g)(5)(B) with
respect to the petitioner--
(i) would be in the interests of
justice; and
(ii) would not jeopardize the public
safety.
(z) Secure Gun Storage or Safety Device.--
(1) In general.--Except as provided under paragraph
(2), it shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer to sell,
deliver, or transfer any [handgun] handgun, rifle, or
shotgun to any person other than any person licensed
under this chapter, unless the transferee is provided
with a secure gun storage or safety device (as defined
in section 921(a)(34)) for that [handgun] handgun,
rifle, or shotgun.
(2) Exceptions.--Paragraph (1) shall not apply to--
(A)(i) the manufacture for, transfer to, or
possession by, the United States, a department
or agency of the United States, a State, or a
department, agency, or political subdivision of
a State, of a [handgun] handgun, rifle, or
shotgun; or
(ii) the transfer to, or possession by, a law
enforcement officer employed by an entity
referred to in clause (i) of a [handgun]
handgun, rifle, or shotgun for law enforcement
purposes (whether on or off duty); or
(B) the transfer to, or possession by, a rail
police officer directly employed by or
contracted by a rail carrier and certified or
commissioned as a police officer under the laws
of a State of a [handgun] handgun, rifle, or
shotgun for purposes of law enforcement
(whether on or off duty);
(C) the transfer to any person of a [handgun]
handgun, rifle, or shotgun listed as a curio or
relic by the Secretary pursuant to section
921(a)(13); or
(D) the transfer to any person of a [handgun]
handgun, rifle, or shotgun for which a secure
gun storage or safety device is temporarily
unavailable for the reasons described in the
exceptions stated in section 923(e), if the
licensed manufacturer, licensed importer, or
licensed dealer delivers to the transferee
within 10 calendar days from the date of the
delivery of the [handgun] handgun, rifle, or
shotgun to the transferee a secure gun storage
or safety device for the [handgun] handgun,
rifle, or shotgun.
(3) Liability for use.--
(A) In general.--Notwithstanding any other
provision of law, a person who has lawful
possession and control of a [handgun] handgun,
rifle, or shotgun, and who uses a secure gun
storage or safety device with the [handgun]
handgun, rifle, or shotgun, shall be entitled
to immunity from a qualified civil liability
action.
(B) Prospective actions.--A qualified civil
liability action may not be brought in any
Federal or State court.
(C) Defined term.--As used in this paragraph,
the term ``qualified civil liability action''--
(i) means a civil action brought by
any person against a person described
in subparagraph (A) for damages
resulting from the criminal or unlawful
misuse of the [handgun] handgun, rifle,
or shotgun by a third party, if--
(I) the [handgun] handgun,
rifle, or shotgun was accessed
by another person who did not
have the permission or
authorization of the person
having lawful possession and
control of the [handgun]
handgun, rifle, or shotgun to
have access to it; and
(II) at the time access was
gained by the person not so
authorized, the [handgun]
handgun, rifle, or shotgun had
been made inoperable by use of
a secure gun storage or safety
device; and
(ii) shall not include an action
brought against the person having
lawful possession and control of the
[handgun] handgun, rifle, or shotgun
for negligent entrustment or negligence
per se.
(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.--Except as otherwise
provided in this subparagraph, any
person who violates subparagraph (A)
shall be fined $500 per violation.
(ii) 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).
(iii) 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.
(C) Minor defined.--In this paragraph, the
term ``minor'' means an individual who has not
attained 18 years of age.
(aa)(1)(A) Except as provided in subparagraph (B), it shall
be unlawful for any person to manufacture, sell, offer to sell,
transfer, purchase, or receive a ghost gun in or affecting
interstate or foreign commerce.
(B) Subparagraph (A) shall not apply to--
(i) the manufacture of a firearm by a licensed
manufacturer if the licensed manufacturer complies with
section 923(i) before selling or transferring the
firearm to another person;
(ii) the offer to sell, sale, or transfer of a
firearm to, or purchase or receipt of a firearm by, a
licensed manufacturer or importer before the date that
is 30 months after the date of enactment of this
subsection; or
(iii) transactions between licensed manufacturers and
importers on any date.
(2) It shall be unlawful for a person other than a licensed
manufacturer or importer to engrave or cast a serial number on
a firearm in or affecting interstate or foreign commerce unless
specifically authorized by the Attorney General.
(3) Beginning on the date that is 30 months after the date of
enactment of this subsection, it shall be unlawful for any
person other than a licensed manufacturer or importer to
knowingly possess a ghost gun in or affecting interstate or
foreign commerce.
(4) Beginning on the date that is 30 months after the date of
enactment of this subsection, it shall be unlawful for any
person other than a licensed manufacturer or importer to
possess a ghost gun in or affecting interstate or foreign
commerce with the intent to sell or transfer the ghost gun with
or without further manufacturing or to manufacture a firearm
with the ghost gun.
(5)(A) It shall be unlawful for any person to sell, offer to
sell, or transfer, in or affecting interstate or foreign
commerce, to any person other than a licensed manufacturer a
machine that has the sole or primary function of manufacturing
firearms.
(B) Except as provided in subparagraph (A), beginning on the
date that is 180 days after the date of enactment of this
subsection, it shall be unlawful for any person other than a
licensed manufacturer to possess, purchase, or receive, in or
affecting interstate or foreign commerce, a machine that has
the sole or primary function of manufacturing firearms.
(C) Subparagraph (B) shall not apply to a person who is
engaged in the business of selling manufacturing equipment to a
licensed manufacturer who possesses a machine with the intent
to sell or transfer the machine to a licensed manufacturer.
Sec. 923. Licensing
(a) No person shall engage in the business of importing,
manufacturing, or dealing in firearms, or importing or
manufacturing ammunition, until he has filed an application
with and received a license to do so from the Attorney General.
The application shall be in such form and contain only that
information necessary to determine eligibility for licensing as
the Attorney General shall by regulation prescribe and shall
include a photograph and fingerprints of the applicant. Each
applicant shall pay a fee for obtaining such a license, a
separate fee being required for each place in which the
applicant is to do business, as follows:
(1) If the applicant is a manufacturer--
(A) of destructive devices, ammunition for
destructive devices or armor piercing ammunition, a fee
of $1,000 per year;
(B) of firearms other than destructive devices, a fee
of $50 per year; or
(C) of ammunition for firearms, other than ammunition
for destructive devices or armor piercing ammunition, a
fee of $10 per year.
(2) If the applicant is an importer--
(A) of destructive devices, ammunition for
destructive devices or armor piercing ammunition, a fee
of $1,000 per year; or
(B) of firearms other than destructive devices or
ammunition for firearms other than destructive devices,
or ammunition other than armor piercing ammunition, a
fee of $50 per year.
(3) If the applicant is a dealer--
(A) in destructive devices or ammunition for
destructive devices, a fee of $1,000 per year; or
(B) who is not a dealer in destructive devices, a fee
of $200 for 3 years, except that the fee for renewal of
a valid license shall be $90 for 3 years.
(b) Any person desiring to be licensed as a collector shall
file an application for such license with the Attorney General.
The application shall be in such form and contain only that
information necessary to determine eligibility as the Attorney
General shall by regulation prescribe. The fee for such license
shall be $10 per year. Any license granted under this
subsection shall only apply to transactions in curios and
relics.
(c) Upon the filing of a proper application and payment of
the prescribed fee, the Attorney General shall issue to a
qualified applicant the appropriate license which, subject to
the provisions of this chapter and other applicable provisions
of law, shall entitle the licensee to transport, ship, and
receive firearms and ammunition covered by such license in
interstate or foreign commerce during the period stated in the
license. Nothing in this chapter shall be construed to prohibit
a licensed manufacturer, importer, or dealer from maintaining
and disposing of a personal collection of firearms, subject
only to such restrictions as apply in this chapter to
dispositions by a person other than a licensed manufacturer,
importer, or dealer. If any firearm is so disposed of by a
licensee within one year after its transfer from his business
inventory into such licensee's personal collection or if such
disposition or any other acquisition is made for the purpose of
willfully evading the restrictions placed upon licensees by
this chapter, then such firearm shall be deemed part of such
licensee's business inventory, except that any licensed
manufacturer, importer, or dealer who has maintained a firearm
as part of a personal collection for one year and who sells or
otherwise disposes of such firearm shall record the description
of the firearm in a bound volume, containing the name and place
of residence and date of birth of the transferee if the
transferee is an individual, or the identity and principal and
local places of business of the transferee if the transferee is
a corporation or other business entity: Provided, That no other
recordkeeping shall be required.
(d)(1) Any application submitted under subsection (a) or (b)
of this section shall be approved if--
(A) the applicant is twenty-one years of age or over;
(B) the applicant (including, in the case of a
corporation, partnership, or association, any
individual possessing, directly or indirectly, the
power to direct or cause the direction of the
management and policies of the corporation,
partnership, or association) is not prohibited from
transporting, shipping, or receiving firearms or
ammunition in interstate or foreign commerce under
section 922(g) and (n) of this chapter;
(C) the applicant has not willfully violated any of
the provisions of this chapter or regulations issued
thereunder;
(D) the applicant has not willfully failed to
disclose any material information required, or has not
made any false statement as to any material fact, in
connection with his application;
(E) the applicant has in a State (i) premises from
which he conducts business subject to license under
this chapter or from which he intends to conduct such
business within a reasonable period of time, or (ii) in
the case of a collector, premises from which he
conducts his collecting subject to license under this
chapter or from which he intends to conduct such
collecting within a reasonable period of time;
(F) the applicant certifies that--
(i) the business to be conducted under the
license is not prohibited by State or local law
in the place where the licensed premise is
located;
(ii)(I) within 30 days after the application
is approved the business will comply with the
requirements of State and local law applicable
to the conduct of the business; and
(II) the business will not be conducted under
the license until the requirements of State and
local law applicable to the business have been
met; and
(iii) that the applicant has sent or
delivered a form to be prescribed by the
Attorney General, to the chief law enforcement
officer of the locality in which the premises
are located, which indicates that the applicant
intends to apply for a Federal firearms
license; and
(G) in the case of an application to be licensed as a
dealer, the applicant certifies that secure gun storage
or safety devices will be available at any place in
which firearms are sold under the license to persons
who are not licensees (subject to the exception that in
any case in which a secure gun storage or safety device
is temporarily unavailable because of theft, casualty
loss, consumer sales, backorders from a manufacturer,
or any other similar reason beyond the control of the
licensee, the dealer shall not be considered to be in
violation of the requirement under this subparagraph to
make available such a device).
(2) The Attorney General must approve or deny an application
for a license within the 60-day period beginning on the date it
is received. If the Attorney General fails to act within such
period, the applicant may file an action under section 1361 of
title 28 to compel the Attorney General to act. If the Attorney
General approves an applicant's application, such applicant
shall be issued a license upon the payment of the prescribed
fee.
(e) The Attorney General may, after notice and opportunity
for hearing, revoke any license issued under this section if
the holder of such license has willfully violated any provision
of this chapter or any rule or regulation prescribed by the
Attorney General under this chapter or fails to have secure gun
storage or safety devices available at any place in which
firearms are sold under the license to persons who are not
licensees (except that in any case in which a secure gun
storage or safety device is temporarily unavailable because of
theft, casualty loss, consumer sales, backorders from a
manufacturer, or any other similar reason beyond the control of
the licensee, the dealer shall not be considered to be in
violation of the requirement to make available such a device).
The Attorney General may, after notice and opportunity for
hearing, revoke the license of a dealer who willfully transfers
armor piercing ammunition. The Secretary's action under this
subsection may be reviewed only as provided in subsection (f)
of this section.
(f)(1) Any person whose application for a license is denied
and any holder of a license which is revoked shall receive a
written notice from the Attorney General stating specifically
the grounds upon which the application was denied or upon which
the license was revoked. Any notice of a revocation of a
license shall be given to the holder of such license before the
effective date of the revocation.
(2) If the Attorney General denies an application for, or
revokes, a license, he shall, upon request by the aggrieved
party, promptly hold a hearing to review his denial or
revocation. In the case of a revocation of a license, the
Attorney General shall upon the request of the holder of the
license stay the effective date of the revocation. A hearing
held under this paragraph shall be held at a location
convenient to the aggrieved party.
(3) If after a hearing held under paragraph (2) the Attorney
General decides not to reverse his decision to deny an
application or revoke a license, the Attorney General shall
give notice of his decision to the aggrieved party. The
aggrieved party may at any time within sixty days after the
date notice was given under this paragraph file a petition with
the United States district court for the district in which he
resides or has his principal place of business for a de novo
judicial review of such denial or revocation. In a proceeding
conducted under this subsection, the court may consider any
evidence submitted by the parties to the proceeding whether or
not such evidence was considered at the hearing held under
paragraph (2). If the court decides that the Attorney General
was not authorized to deny the application or to revoke the
license, the court shall order the Attorney General to take
such action as may be necessary to comply with the judgment of
the court.
(4) If criminal proceedings are instituted against a licensee
alleging any violation of this chapter or of rules or
regulations prescribed under this chapter, and the licensee is
acquitted of such charges, or such proceedings are terminated,
other than upon motion of the Government before trial upon such
charges, the Attorney General shall be absolutely barred from
denying or revoking any license granted under this chapter
where such denial or revocation is based in whole or in part on
the facts which form the basis of such criminal charges. No
proceedings for the revocation of a license shall be instituted
by the Attorney General more than one year after the filing of
the indictment or information.
(g)(1)(A) Each licensed importer, licensed manufacturer, and
licensed dealer shall maintain such records of importation,
production, shipment, receipt, sale, or other disposition of
firearms at his place of business for such period, and in such
form, as the Attorney General may by regulations prescribe.
Such importers, manufacturers, and dealers shall not be
required to submit to the Attorney General reports and
information with respect to such records and the contents
thereof, except as expressly required by this section. The
Attorney General, when he has reasonable cause to believe a
violation of this chapter has occurred and that evidence
thereof may be found on such premises, may, upon demonstrating
such cause before a Federal magistrate judge and securing from
such magistrate judge a warrant authorizing entry, enter during
business hours the premises (including places of storage) of
any licensed firearms importer, licensed manufacturer, licensed
dealer, licensed collector, or any licensed importer or
manufacturer of ammunition, for the purpose of inspecting or
examining--
(i) any records or documents required to be kept by
such licensed importer, licensed manufacturer, licensed
dealer, or licensed collector under this chapter or
rules or regulations under this chapter, and
(ii) any firearms or ammunition kept or stored by
such licensed importer, licensed manufacturer, licensed
dealer, or licensed collector, at such premises.
(B) The Attorney General may inspect or examine the inventory
and records of a licensed importer, licensed manufacturer, or
licensed dealer without such reasonable cause or warrant--
(i) in the course of a reasonable inquiry during the
course of a criminal investigation of a person or
persons other than the licensee;
(ii) for ensuring compliance with the record keeping
requirements of this chapter--
(I) not more than once during any 12-month
period; or
(II) at any time with respect to records
relating to a firearm involved in a criminal
investigation that is traced to the licensee;
or
(iii) when such inspection or examination may be
required for determining the disposition of one or more
particular firearms in the course of a bona fide
criminal investigation.
(C) The Attorney General may inspect the inventory and
records of a licensed collector without such reasonable cause
or warrant--
(i) for ensuring compliance with the record keeping
requirements of this chapter not more than once during
any twelve-month period; or
(ii) when such inspection or examination may be
required for determining the disposition of one or more
particular firearms in the course of a bona fide
criminal investigation.
(D) At the election of a licensed collector, the annual
inspection of records and inventory permitted under this
paragraph shall be performed at the office of the Attorney
General designated for such inspections which is located in
closest proximity to the premises where the inventory and
records of such licensed collector are maintained. The
inspection and examination authorized by this paragraph shall
not be construed as authorizing the Attorney General to seize
any records or other documents other than those records or
documents constituting material evidence of a violation of law.
If the Attorney General seizes such records or documents,
copies shall be provided the licensee within a reasonable time.
The Attorney General may make available to any Federal, State,
or local law enforcement agency any information which he may
obtain by reason of this chapter with respect to the
identification of persons prohibited from purchasing or
receiving firearms or ammunition who have purchased or received
firearms or ammunition, together with a description of such
firearms or ammunition, and he may provide information to the
extent such information may be contained in the records
required to be maintained by this chapter, when so requested by
any Federal, State, or local law enforcement agency.
(2) Each licensed collector shall maintain in a bound volume
the nature of which the Attorney General may by regulations
prescribe, records of the receipt, sale, or other disposition
of firearms. Such records shall include the name and address of
any person to whom the collector sells or otherwise disposes of
a firearm. Such collector shall not be required to submit to
the Attorney General reports and information with respect to
such records and the contents thereof, except as expressly
required by this section.
(3)(A) Each licensee shall prepare a report of multiple sales
or other dispositions whenever the licensee sells or otherwise
disposes of, at one time or during any five consecutive
business days, two or more pistols, or revolvers, or any
combination of pistols and revolvers totalling two or more, to
an unlicensed person. The report shall be prepared on a form
specified by the Attorney General and forwarded to the office
specified thereon and to the department of State police or
State law enforcement agency of the State or local law
enforcement agency of the local jurisdiction in which the sale
or other disposition took place, not later than the close of
business on the day that the multiple sale or other disposition
occurs.
(B) Except in the case of forms and contents thereof
regarding a purchaser who is prohibited by subsection (g) or
(n) of section 922 of this title from receipt of a firearm, the
department of State police or State law enforcement agency or
local law enforcement agency of the local jurisdiction shall
not disclose any such form or the contents thereof to any
person or entity, and shall destroy each such form and any
record of the contents thereof no more than 20 days from the
date such form is received. No later than the date that is 6
months after the effective date of this subparagraph, and at
the end of each 6-month period thereafter, the department of
State police or State law enforcement agency or local law
enforcement agency of the local jurisdiction shall certify to
the Attorney General of the United States that no disclosure
contrary to this subparagraph has been made and that all forms
and any record of the contents thereof have been destroyed as
provided in this subparagraph.
(4) Where a firearms or ammunition business is discontinued
and succeeded by a new licensee, the records required to be
kept by this chapter shall appropriately reflect such facts and
shall be delivered to the successor. Where discontinuance of
the business is absolute, such records shall be delivered
within thirty days after the business discontinuance to the
Attorney General. However, where State law or local ordinance
requires the delivery of records to other responsible
authority, the Attorney General may arrange for the delivery of
such records to such other responsible authority.
(5)(A) Each licensee shall, when required by letter issued by
the Attorney General, and until notified to the contrary in
writing by the Attorney General, submit on a form specified by
the Attorney General, for periods and at the times specified in
such letter, all record information required to be kept by this
chapter or such lesser record information as the Attorney
General in such letter may specify.
(B) The Attorney General may authorize such record
information to be submitted in a manner other than that
prescribed in subparagraph (A) of this paragraph when it is
shown by a licensee that an alternate method of reporting is
reasonably necessary and will not unduly hinder the effective
administration of this chapter. A licensee may use an alternate
method of reporting if the licensee describes the proposed
alternate method of reporting and the need therefor in a letter
application submitted to the Attorney General, and the Attorney
General approves such alternate method of reporting.
(6) Each licensee shall report the theft or loss of a firearm
from the licensee's inventory or collection, within 48 hours
after the theft or loss is discovered, to the Attorney General
and to the appropriate local authorities.
(7) Each licensee shall respond immediately to, and in no
event later than 24 hours after the receipt of, a request by
the Attorney General for information contained in the records
required to be kept by this chapter as may be required for
determining the disposition of 1 or more firearms in the course
of a bona fide criminal investigation. The requested
information shall be provided orally or in writing, as the
Attorney General may require. The Attorney General shall
implement a system whereby the licensee can positively identify
and establish that an individual requesting information via
telephone is employed by and authorized by the agency to
request such information.
(h) Licenses issued under the provisions of subsection (c) of
this section shall be kept posted and kept available for
inspection on the premises covered by the license.
(i)(1)(A) Licensed importers and licensed manufacturers shall
identify by means of a serial number engraved or cast on the
receiver or frame of the weapon, in such manner as the Attorney
General shall by regulations prescribe, each firearm imported
or manufactured by such importer or manufacturer. The serial
number shall be engraved or cast on the frame or receiver in a
manner sufficient to identify the firearm and the manufacturer
or importer that put the serial number on the firearm.
(B) A large capacity ammunition feeding device manufactured
after the date of enactment of this subparagraph shall be
identified by a serial number and the date on which the device
was manufactured or made, legibly and conspicuously engraved or
cast on the device, and such other identification as the
Attorney General shall by regulations prescribe.
(2)(A) Not later than 180 days after the date of enactment of
this paragraph, the Attorney General shall prescribe
regulations for engraving a unique serial number onto a ghost
gun.
(B) The regulations prescribed under subparagraph (A) shall--
(i) allow an owner of a firearm described in
subparagraph (A) to have a unique serial number
engraved on the firearm by a licensed manufacturer or
importer; and
(ii) require that a serial number be engraved on the
frame or receiver in a manner sufficient to identify
the firearm and the licensed manufacturer or importer
that put the serial number on the firearm.
(C) The regulations authorized under this paragraph shall
expire on the date that is 30 months after the date of
enactment of this paragraph.
(j) A licensed importer, licensed manufacturer, or licensed
dealer may, under rules or regulations prescribed by the
Attorney General, conduct business temporarily at a location
other than the location specified on the license if such
temporary location is the location for a gun show or event
sponsored by any national, State, or local organization, or any
affiliate of any such organization devoted to the collection,
competitive use, or other sporting use of firearms in the
community, and such location is in the State which is specified
on the license. Records of receipt and disposition of firearms
transactions conducted at such temporary location shall include
the location of the sale or other disposition and shall be
entered in the permanent records of the licensee and retained
on the location specified on the license. Nothing in this
subsection shall authorize any licensee to conduct business in
or from any motorized or towed vehicle. Notwithstanding the
provisions of subsection (a) of this section, a separate fee
shall not be required of a licensee with respect to business
conducted under this subsection. Any inspection or examination
of inventory or records under this chapter by the Attorney
General at such temporary location shall be limited to
inventory consisting of, or records relating to, firearms held
or disposed at such temporary location. Nothing in this
subsection shall be construed to authorize the Attorney General
to inspect or examine the inventory or records of a licensed
importer, licensed manufacturer, or licensed dealer at any
location other than the location specified on the license.
Nothing in this subsection shall be construed to diminish in
any manner any right to display, sell, or otherwise dispose of
firearms or ammunition, which is in effect before the date of
the enactment of the Firearms Owners' Protection Act, including
the right of a licensee to conduct ``curios or relics''
firearms transfers and business away from their business
premises with another licensee without regard as to whether the
location of where the business is conducted is located in the
State specified on the license of either licensee.
(k) Licensed importers and licensed manufacturers shall mark
all armor piercing projectiles and packages containing such
projectiles for distribution in the manner prescribed by the
Attorney General by regulation. The Attorney General shall
furnish information to each dealer licensed under this chapter
defining which projectiles are considered armor piercing
ammunition as defined in section 921(a)(17)(B).
(l) The Attorney General shall notify the chief law
enforcement officer in the appropriate State and local
jurisdictions of the names and addresses of all persons in the
State to whom a firearms license is issued.
(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 403(a) of the
Protecting Our Kids Act.
Sec. 924. Penalties
(a)(1) Except as otherwise provided in this subsection,
subsection (b), (c), (f), or (p) of this section, or in section
929, whoever--
(A) knowingly makes any false statement or
representation with respect to the information required
by this chapter to be kept in the records of a person
licensed under this chapter or in applying for any
license or exemption or relief from disability under
the provisions of this chapter;
(B) knowingly violates subsection (a)(4), (f), (k),
[or (q)] (q), (v), (aa)(1), (aa)(2), (aa)(4), or
(aa)(5) of section 922;
(C) knowingly imports or brings into the United
States or any possession thereof any firearm or
ammunition in violation of section 922(l); or
(D) willfully violates any other provision of this
chapter,
shall be fined under this title, imprisoned not more than five
years, or both.
(2) Whoever knowingly violates subsection (a)(6), (d), (g),
(h), (i), (j), or (o) of section 922 shall be fined as provided
in this title, imprisoned not more than 10 years, or both.
(3) Any licensed dealer, licensed importer, licensed
manufacturer, or licensed collector who knowingly--
(A) makes any false statement or representation with
respect to the information required by the provisions
of this chapter to be kept in the records of a person
licensed under this chapter, or
(B) violates subsection (m) of section 922,
shall be fined under this title, imprisoned not more than one
year, or both.
(4) Whoever violates section 922(q) shall be fined under this
title, imprisoned for not more than 5 years, or both.
Notwithstanding any other provision of law, the term of
imprisonment imposed under this paragraph shall not run
concurrently with any other term of imprisonment imposed under
any other provision of law. Except for the authorization of a
term of imprisonment of not more than 5 years made in this
paragraph, for the purpose of any other law a violation of
section 922(q) shall be deemed to be a misdemeanor.
(5) Whoever knowingly violates subsection (s) or (t) of
section 922 shall be fined under this title, imprisoned for not
more than 1 year, or both.
(6)(A)(i) A juvenile who violates section 922(x) shall be
fined under this title, imprisoned not more than 1 year, or
both, except that a juvenile described in clause (ii) shall be
sentenced to probation on appropriate conditions and shall not
be incarcerated unless the juvenile fails to comply with a
condition of probation.
(ii) A juvenile is described in this clause if--
(I) the offense of which the juvenile is charged is
possession of a handgun or ammunition in violation of
section 922(x)(2); and
(II) the juvenile has not been convicted in any court
of an offense (including an offense under section
922(x) or a similar State law, but not including any
other offense consisting of conduct that if engaged in
by an adult would not constitute an offense) or
adjudicated as a juvenile delinquent for conduct that
if engaged in by an adult would constitute an offense.
(B) A person other than a juvenile who knowingly violates
section 922(x)--
(i) shall be fined under this title, imprisoned not
more than 1 year, or both; and
(ii) if the person sold, delivered, or otherwise
transferred a handgun or ammunition to a juvenile
knowing or having reasonable cause to know that the
juvenile intended to carry or otherwise possess or
discharge or otherwise use the handgun or ammunition in
the commission of a crime of violence, shall be fined
under this title, imprisoned not more than 10 years, or
both.
(7) Whoever knowingly violates section 931 shall be fined
under this title, imprisoned not more than 3 years, or both.
(8) Whoever knowingly violates section 922(a)(1)(A) or 932
shall be fined under this title, imprisoned not more than 10
years, or both.
(b) Whoever, with intent to commit therewith an offense
punishable by imprisonment for a term exceeding one year, or
with knowledge or reasonable cause to believe that an offense
punishable by imprisonment for a term exceeding one year is to
be committed therewith, ships, transports, or receives a
firearm or any ammunition in interstate or foreign commerce
shall be fined under this title, or imprisoned not more than
ten years, or both.
(c)(1)(A) Except to the extent that a greater minimum
sentence is otherwise provided by this subsection or by any
other provision of law, any person who, during and in relation
to any crime of violence or drug trafficking crime (including a
crime of violence or drug trafficking crime that provides for
an enhanced punishment if committed by the use of a deadly or
dangerous weapon or device) for which the person may be
prosecuted in a court of the United States, uses or carries a
functional firearm, or who, in furtherance of any such crime,
possesses a functional firearm, shall, in addition to the
punishment provided for such crime of violence or drug
trafficking crime--
(i) be sentenced to a term of imprisonment of not
less than 5 years;
(ii) if the firearm is brandished, be sentenced to a
term of imprisonment of not less than 7 years; and
(iii) if the firearm is discharged, be sentenced to a
term of imprisonment of not less than 10 years.
(B) If the functional firearm possessed by a person convicted
of a violation of this subsection--
(i) is a short-barreled rifle, short-barreled
shotgun, or semiautomatic assault weapon, the person
shall be sentenced to a term of imprisonment of not
less than 10 years; or
(ii) is a machinegun or a destructive device, or is
equipped with a firearm silencer or firearm muffler,
the person shall be sentenced to a term of imprisonment
of not less than 30 years.
(C) In the case of a violation of this subsection that occurs
after a prior conviction under this subsection has become
final, the person shall--
(i) be sentenced to a term of imprisonment of not
less than 25 years; and
(ii) if the firearm involved is a machinegun or a
destructive device, or is equipped with a firearm
silencer or firearm muffler, be sentenced to
imprisonment for life.
(D) Notwithstanding any other provision of law--
(i) a court shall not place on probation any person
convicted of a violation of this subsection; and
(ii) no term of imprisonment imposed on a person
under this subsection shall run concurrently with any
other term of imprisonment imposed on the person,
including any term of imprisonment imposed for the
crime of violence or drug trafficking crime during
which the functional firearm was used, carried, or
possessed.
(2) For purposes of this subsection, the term ``drug
trafficking crime'' means any felony punishable under the
Controlled Substances Act (21 U.S.C. 801 et seq.), the
Controlled Substances Import and Export Act (21 U.S.C. 951 et
seq.), or chapter 705 of title 46.
(3) For purposes of this subsection the term ``crime of
violence'' means an offense that is a felony and--
(A) has as an element the use, attempted use, or
threatened use of physical force against the person or
property of another, or
(B) that by its nature, involves a substantial risk
that physical force against the person or property of
another may be used in the course of committing the
offense.
(4) For purposes of this subsection, the term ``brandish''
means, with respect to a firearm, to display [all or part of
the firearm, or otherwise make the presence of the firearm
known to another person, in order to intimidate that person,
regardless of whether the firearm is directly visible to that
person.] all or part of the functional firearm, or otherwise
make the presence of the functional firearm known to another
person, in order to intimidate that person, regardless of
whether the functional firearm is directly visible to that
person.
(5) Except to the extent that a greater minimum sentence is
otherwise provided under this subsection, or by any other
provision of law, any person who, during and in relation to any
crime of violence or drug trafficking crime (including a crime
of violence or drug trafficking crime that provides for an
enhanced punishment if committed by the use of a deadly or
dangerous weapon or device) for which the person may be
prosecuted in a court of the United States, uses or carries
armor piercing ammunition, or who, in furtherance of any such
crime, possesses armor piercing ammunition, shall, in addition
to the punishment provided for such crime of violence or drug
trafficking crime or conviction under this section--
(A) be sentenced to a term of imprisonment of not
less than 15 years; and
(B) if death results from the use of such
ammunition--
(i) if the killing is murder (as defined in
section 1111), be punished by death or
sentenced to a term of imprisonment for any
term of years or for life; and
(ii) if the killing is manslaughter (as
defined in section 1112), be punished as
provided in section 1112.
(d)(1) [Any firearm or ammunition involved in] Any firearm or
ammunition or large capacity ammunition feeding device involved
in or used in any knowing violation of subsection (a)(4),
(a)(6), (f), (g), (h), (i), (j), [or (k)] (k), (v), (aa)(1),
(aa)(2), (aa)(4), or (aa)(5) of section 922, or knowing
importation or bringing into the United States or any
possession thereof any firearm or ammunition in violation of
section 922(l), or knowing violation of section 924 or 932, or
willful violation of any other provision of this chapter or any
rule or regulation promulgated thereunder, or any violation of
any other criminal law of the United States, or [any firearm or
ammunition intended] any firearm or ammunition or large
capacity ammunition feeding device intended to be used in any
offense referred to in paragraph (3) of this subsection, where
such intent is demonstrated by clear and convincing evidence,
shall be subject to seizure and forfeiture, and all provisions
of the Internal Revenue Code of 1986 relating to the seizure,
forfeiture, and disposition of firearms, as defined in section
5845(a) of that Code, shall, so far as applicable, extend to
seizures and forfeitures under the provisions of this chapter:
Provided, That upon acquittal of the owner or possessor, or
dismissal of the charges against him other than upon motion of
the Government prior to trial, or lapse of or court termination
of the restraining order to which he is subject, the seized or
relinquished firearms or ammunition or large capacity
ammunition feeding device shall be returned forthwith to the
owner or possessor or to a person delegated by the owner or
possessor unless the return of the firearms or ammunition or
large capacity ammunition feeding device would place the owner
or possessor or his delegate in violation of law. Any action or
proceeding for the forfeiture of firearms or ammunition or
large capacity ammunition feeding device shall be commenced
within one hundred and twenty days of such seizure.
(2)(A) In any action or proceeding for the return of firearms
or ammunition or large capacity ammunition feeding device
seized under the provisions of this chapter, the court shall
allow the prevailing party, other than the United States, a
reasonable attorney's fee, and the United States shall be
liable therefor.
(B) In any other action or proceeding under the provisions of
this chapter, the court, when it finds that such action was
without foundation, or was initiated vexatiously, frivolously,
or in bad faith, shall allow the prevailing party, other than
the United States, a reasonable attorney's fee, and the United
States shall be liable therefor.
(C) Only those firearms or quantities of ammunition or large
capacity ammunition feeding devices particularly named and
individually identified as involved in or used in any violation
of the provisions of this chapter or any rule or regulation
issued thereunder, or any other criminal law of the United
States or as intended to be used in any offense referred to in
paragraph (3) of this subsection, where such intent is
demonstrated by clear and convincing evidence, shall be subject
to seizure, forfeiture, and disposition.
(D) The United States shall be liable for attorneys' fees
under this paragraph only to the extent provided in advance by
appropriation Acts.
(3) The offenses referred to in paragraphs (1) and (2)(C) of
this subsection are--
(A) any crime of violence, as that term is defined in
section 924(c)(3) of this title;
(B) any offense punishable under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or the
Controlled Substances Import and Export Act (21 U.S.C.
951 et seq.);
(C) any offense described in section 922(a)(1),
922(a)(3), 922(a)(5), or 922(b)(3) of this title, where
the firearm or ammunition intended to be used in any
such offense is involved in a pattern of activities
which includes a violation of any offense described in
section 922(a)(1), 922(a)(3), 922(a)(5), or 922(b)(3)
of this title;
(D) any offense described in section 922(d) of this
title where the firearm or ammunition is intended to be
used in such offense by the transferor of such firearm
or ammunition;
(E) any offense described in section 922(i), 922(j),
922(l), 922(n), 922(v), or 924(b) of this title; [and]
(F) any offense which may be prosecuted in a court of
the United States which involves the exportation of
firearms or ammunition[.]; and
(G) any offense under section 932.
(e)(1) In the case of a person who violates section 922(g) of
this title through the possession of a functional firearm and
has three previous convictions by any court referred to in
section 922(g)(1) of this title for a violent felony or a
serious drug offense, or both, committed on occasions different
from one another, such person shall be fined under this title
and imprisoned not less than fifteen years, and,
notwithstanding any other provision of law, the court shall not
suspend the sentence of, or grant a probationary sentence to,
such person with respect to the conviction under section
922(g).
(2) As used in this subsection--
(A) the term ``serious drug offense'' means--
(i) an offense under the Controlled
Substances Act (21 U.S.C. 801 et seq.), the
Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.), or chapter 705 of title 46
for which a maximum term of imprisonment of ten
years or more is prescribed by law; or
(ii) an offense under State law, involving
manufacturing, distributing, or possessing with
intent to manufacture or distribute, a
controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C.
802)), for which a maximum term of imprisonment
of ten years or more is prescribed by law;
(B) the term ``violent felony'' means any crime
punishable by imprisonment for a term exceeding one
year, or any act of juvenile delinquency involving the
use or carrying of a firearm, knife, or destructive
device that would be punishable by imprisonment for
such term if committed by an adult, that--
(i) has as an element the use, attempted use,
or threatened use of physical force against the
person of another; or
(ii) is burglary, arson, or extortion,
involves use of explosives, or otherwise
involves conduct that presents a serious
potential risk of physical injury to another;
and
(C) the term ``conviction'' includes a finding that a
person has committed an act of juvenile delinquency
involving a violent felony.
(f) In the case of a person who knowingly violates section
922(p), such person shall be fined under this title, or
imprisoned not more than 5 years, or both.
(g) Whoever, with the intent to engage in conduct which--
(1) constitutes an offense listed in section 1961(1),
(2) is punishable under the Controlled Substances Act
(21 U.S.C. 801 et seq.), the Controlled Substances
Import and Export Act (21 U.S.C. 951 et seq.), or
chapter 705 of title 46,
(3) violates any State law relating to any controlled
substance (as defined in section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6))), or
(4) constitutes a crime of violence (as defined in
subsection (c)(3)),
travels from any State or foreign country into any other State
and acquires, transfers, or attempts to acquire or transfer, a
firearm in such other State in furtherance of such purpose,
shall be imprisoned not more than 10 years, fined in accordance
with this title, or both.
(h) Whoever knowingly transfers a firearm, knowing that such
firearm will be used to commit a crime of violence (as defined
in subsection (c)(3)) or drug trafficking crime (as defined in
subsection (c)(2)) shall be imprisoned not more than 10 years,
fined in accordance with this title, or both.
(i)(1) A person who knowingly violates section 922(u) shall
be fined under this title, imprisoned not more than 10 years,
or both.
(2) Nothing contained in this subsection shall be construed
as indicating an intent on the part of Congress to occupy the
field in which provisions of this subsection operate to the
exclusion of State laws on the same subject matter, nor shall
any provision of this subsection be construed as invalidating
any provision of State law unless such provision is
inconsistent with any of the purposes of this subsection.
(j) A person who, in the course of a violation of subsection
(c), causes the death of a person through the use of a firearm,
shall--
(1) if the killing is a murder (as defined in section
1111), be punished by death or by imprisonment for any
term of years or for life; and
(2) if the killing is manslaughter (as defined in
section 1112), be punished as provided in that section.
(k) A person who, with intent to engage in or to promote
conduct that--
(1) is punishable under the Controlled Substances Act
(21 U.S.C. 801 et seq.), the Controlled Substances
Import and Export Act (21 U.S.C. 951 et seq.), or
chapter 705 of title 46;
(2) violates any law of a State relating to any
controlled substance (as defined in section 102 of the
Controlled Substances Act, 21 U.S.C. 802); or
(3) constitutes a crime of violence (as defined in
subsection (c)(3)),
smuggles or knowingly brings into the United States a firearm,
or attempts to do so, shall be imprisoned not more than 10
years, fined under this title, or both.
(l) A person who steals any firearm which is moving as, or is
a part of, or which has moved in, interstate or foreign
commerce shall be imprisoned for not more than 10 years, fined
under this title, or both.
(m) A person who steals any firearm from a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector
shall be fined under this title, imprisoned not more than 10
years, or both.
(n) A person who, with the intent to engage in conduct that
constitutes a violation of section 922(a)(1)(A), travels from
any State or foreign country into any other State and acquires,
or attempts to acquire, a firearm in such other State in
furtherance of such purpose shall be imprisoned for not more
than 10 years.
(o) A person who conspires to commit an offense under
subsection (c) shall be imprisoned for not more than 20 years,
fined under this title, or both; and if the firearm is a
machinegun or destructive device, or is equipped with a firearm
silencer or muffler, shall be imprisoned for any term of years
or life.
(p) Penalties Relating To Secure Gun Storage or Safety
Device.--
(1) In general.--
(A) Suspension or revocation of license;
civil penalties.--With respect to each
violation of section 922(z)(1) by a licensed
manufacturer, licensed importer, or licensed
dealer, the Secretary may, after notice and
opportunity for hearing--
(i) suspend for not more than 6
months, or revoke, the license issued
to the licensee under this chapter that
was used to conduct the firearms
transfer; or
(ii) subject the licensee to a civil
penalty in an amount equal to not more
than $2,500.
(B) Review.--An action of the Secretary under
this paragraph may be reviewed only as provided
under section 923(f).
(2) Administrative remedies.--The suspension or
revocation of a license or the imposition of a civil
penalty under paragraph (1) shall not preclude any
administrative remedy that is otherwise available to
the Secretary.
(q) A person who violates section 922(aa)(3) shall--
(1) in the case of the first violation by the person,
be fined under this title, imprisoned not more than 1
year, or both; or
(2) in the case of any subsequent violation by the
person, be fined under this title, imprisoned not more
than 5 years, or both.
* * * * * * *
Sec. 932. Gun trafficking
(a) It shall be unlawful for any person (other than a
licensee under this chapter), in or otherwise affecting
interstate or foreign commerce, to knowingly purchase or
acquire, or attempt to purchase or acquire, a firearm for the
possession of a third party.
(b) It shall be unlawful for any person (other than a
licensee under this chapter), in or otherwise affecting
interstate or foreign commerce, to hire, solicit, command,
induce, or otherwise endeavor to persuade another person to
purchase, or attempt to purchase, any firearm for the purpose
of obtaining the firearm for the person or selling or
transferring the firearm to a third party.
(c) The Attorney General shall ensure that the firearm
transaction record form required to be completed in connection
with a firearm transaction includes a statement outlining the
penalties that may be imposed for violating subsection (a).
(d) This section shall not apply to any firearm, if the
purchaser or person acquiring the firearm has no reason to
believe that the recipient of the firearm will use or intends
to use the firearm in a crime or is prohibited from purchasing
or possessing firearms under State or Federal law and the
firearm--
(1) is purchased or acquired by any person, or that
any person attempts to purchase or acquire, as a bona
fide gift between family members; or
(2) is purchased or acquired by an agent of a lawful
business, or that an agent of a lawful business
attempts to purchase or acquire, for the purpose of
transferring to another agent of the business, for
lawful use in the business.
* * * * * * *
CHAPTER 46--FORFEITURE
* * * * * * *
Sec. 982. Criminal forfeiture
(a)(1) The court, in imposing sentence on a person convicted
of an offense in violation of section 1956, 1957, or 1960 of
this title, shall order that the person forfeit to the United
States any property, real or personal, involved in such
offense, or any property traceable to such property.
(2) The court, in imposing sentence on a person convicted of
a violation of, or a conspiracy to violate--
(A) section 215, 656, 657, 1005, 1006, 1007, 1014,
1341, 1343, or 1344 of this title, affecting a
financial institution, or
(B) section 471, 472, 473, 474, 476, 477, 478, 479,
480, 481, 485, 486, 487, 488, 501, 502, 510, 542, 545,
555, 842, 844, 1028, 1029, or 1030 of this title,
shall order that the person forfeit to the United States any
property constituting, or derived from, proceeds the person
obtained directly or indirectly, as the result of such
violation.
(3) The court, in imposing a sentence on a person convicted
of an offense under--
(A) section 666(a)(1) (relating to Federal program
fraud);
(B) section 1001 (relating to fraud and false
statements);
(C) section 1031 (relating to major fraud against the
United States);
(D) section 1032 (relating to concealment of assets
from conservator, receiver, or liquidating agent of
insured financial institution);
(E) section 1341 (relating to mail fraud); or
(F) section 1343 (relating to wire fraud),
involving the sale of assets acquired or held by the the
Federal Deposit Insurance Corporation, as conservator or
receiver for a financial institution or any other conservator
for a financial institution appointed by the Office of the
Comptroller of the Currency, or the National Credit Union
Administration, as conservator or liquidating agent for a
financial institution, shall order that the person forfeit to
the United States any property, real or personal, which
represents or is traceable to the gross receipts obtained,
directly or indirectly, as a result of such violation.
(4) With respect to an offense listed in subsection (a)(3)
committed for the purpose of executing or attempting to execute
any scheme or artifice to defraud, or for obtaining money or
property by means of false or fraudulent statements, pretenses,
representations, or promises, the gross receipts of such an
offense shall include any property, real or personal, tangible
or intangible, which is obtained, directly or indirectly, as a
result of such offense.
(5) The court, in imposing sentence on a person convicted of
a violation or conspiracy to violate--
(A) section 511 (altering or removing motor vehicle
identification numbers);
(B) section 553 (importing or exporting stolen motor
vehicles);
(C) section 2119 (armed robbery of automobiles);
(D) section 2312 (transporting stolen motor vehicles
in interstate commerce); [or]
(E) section 2313 (possessing or selling a stolen
motor vehicle that has moved in interstate commerce);
(F) section 922(a)(1)(A) (related to unlicensed
firearms sales);
(G) section 922(d) (relating to illegal gun
transfers); or
(H) section 932 (relating to gun trafficking),
shall order that the person forfeit to the United States any
property, real or personal, which represents or is traceable to
the gross proceeds obtained, directly or indirectly, as a
result of such violation.
(6)(A) The court, in imposing sentence on a person convicted
of a violation of, or conspiracy to violate, section 274(a),
274A(a)(1), or 274A(a)(2) of the Immigration and Nationality
Act or section 555, 1425, 1426, 1427, 1541, 1542, 1543, 1544,
or 1546 of this title, or a violation of, or conspiracy to
violate, section 1028 of this title if committed in connection
with passport or visa issuance or use, shall order that the
person forfeit to the United States, regardless of any
provision of State law--
(i) any conveyance, including any vessel, vehicle, or
aircraft used in the commission of the offense of which
the person is convicted; and
(ii) any property real or personal--
(I) that constitutes, or is derived from or
is traceable to the proceeds obtained directly
or indirectly from the commission of the
offense of which the person is convicted; or
(II) that is used to facilitate, or is
intended to be used to facilitate, the
commission of the offense of which the person
is convicted.
(B) The court, in imposing sentence on a person described in
subparagraph (A), shall order that the person forfeit to the
United States all property described in that subparagraph.
(7) The court, in imposing sentence on a person convicted of
a Federal health care offense, shall order the person to
forfeit property, real or personal, that constitutes or is
derived, directly or indirectly, from gross proceeds traceable
to the commission of the offense.
(8) The court, in sentencing a defendant convicted of an
offense under section 1028, 1029, 1341, 1342, 1343, or 1344, or
of a conspiracy to commit such an offense, if the offense
involves telemarketing (as that term is defined in section
2325), shall order that the defendant forfeit to the United
States any real or personal property--
(A) used or intended to be used to commit, to
facilitate, or to promote the commission of such
offense; and
(B) constituting, derived from, or traceable to the
gross proceeds that the defendant obtained directly or
indirectly as a result of the offense.
(b)(1) The forfeiture of property under this section,
including any seizure and disposition of the property and any
related judicial or administrative proceeding, shall be
governed by the provisions of section 413 (other than
subsection (d) of that section) of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 853).
(2) The substitution of assets provisions of subsection
413(p) shall not be used to order a defendant to forfeit assets
in place of the actual property laundered where such defendant
acted merely as an intermediary who handled but did not retain
the property in the course of the money laundering offense
unless the defendant, in committing the offense or offenses
giving rise to the forfeiture, conducted three or more separate
transactions involving a total of $100,000 or more in any
twelve month period.
* * * * * * *
CHAPTER 95--RACKETEERING
* * * * * * *
Sec. 1956. Laundering of monetary instruments
(a)(1) Whoever, knowing that the property involved in a
financial transaction represents the proceeds of some form of
unlawful activity, conducts or attempts to conduct such a
financial transaction which in fact involves the proceeds of
specified unlawful activity--
(A)(i) with the intent to promote the carrying on of
specified unlawful activity; or
(ii) with intent to engage in conduct constituting a
violation of section 7201 or 7206 of the Internal
Revenue Code of 1986; or
(B) knowing that the transaction is designed in whole
or in part--
(i) to conceal or disguise the nature, the
location, the source, the ownership, or the
control of the proceeds of specified unlawful
activity; or
(ii) to avoid a transaction reporting
requirement under State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice
the value of the property involved in the transaction,
whichever is greater, or imprisonment for not more than twenty
years, or both. For purposes of this paragraph, a financial
transaction shall be considered to be one involving the
proceeds of specified unlawful activity if it is part of a set
of parallel or dependent transactions, any one of which
involves the proceeds of specified unlawful activity, and all
of which are part of a single plan or arrangement.
(2) Whoever transports, transmits, or transfers, or attempts
to transport, transmit, or transfer a monetary instrument or
funds from a place in the United States to or through a place
outside the United States or to a place in the United States
from or through a place outside the United States--
(A) with the intent to promote the carrying on of
specified unlawful activity; or
(B) knowing that the monetary instrument or funds
involved in the transportation, transmission, or
transfer represent the proceeds of some form of
unlawful activity and knowing that such transportation,
transmission, or transfer is designed in whole or in
part--
(i) to conceal or disguise the nature, the
location, the source, the ownership, or the
control of the proceeds of specified unlawful
activity; or
(ii) to avoid a transaction reporting
requirement under State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice
the value of the monetary instrument or funds involved in the
transportation, transmission, or transfer, whichever is
greater, or imprisonment for not more than twenty years, or
both. For the purpose of the offense described in subparagraph
(B), the defendant's knowledge may be established by proof that
a law enforcement officer represented the matter specified in
subparagraph (B) as true, and the defendant's subsequent
statements or actions indicate that the defendant believed such
representations to be true.
(3) Whoever, with the intent--
(A) to promote the carrying on of specified unlawful
activity;
(B) to conceal or disguise the nature, location,
source, ownership, or control of property believed to
be the proceeds of specified unlawful activity; or
(C) to avoid a transaction reporting requirement
under State or Federal law,
conducts or attempts to conduct a financial transaction
involving property represented to be the proceeds of specified
unlawful activity, or property used to conduct or facilitate
specified unlawful activity, shall be fined under this title or
imprisoned for not more than 20 years, or both. For purposes of
this paragraph and paragraph (2), the term ``represented''
means any representation made by a law enforcement officer or
by another person at the direction of, or with the approval of,
a Federal official authorized to investigate or prosecute
violations of this section.
(b) Penalties.--
(1) In general.--Whoever conducts or attempts to
conduct a transaction described in subsection (a)(1) or
(a)(3), or section 1957, or a transportation,
transmission, or transfer described in subsection
(a)(2), is liable to the United States for a civil
penalty of not more than the greater of--
(A) the value of the property, funds, or
monetary instruments involved in the
transaction; or
(B) $10,000.
(2) Jurisdiction over foreign persons.--For purposes
of adjudicating an action filed or enforcing a penalty
ordered under this section, the district courts shall
have jurisdiction over any foreign person, including
any financial institution authorized under the laws of
a foreign country, against whom the action is brought,
if service of process upon the foreign person is made
under the Federal Rules of Civil Procedure or the laws
of the country in which the foreign person is found,
and--
(A) the foreign person commits an offense
under subsection (a) involving a financial
transaction that occurs in whole or in part in
the United States;
(B) the foreign person converts, to his or
her own use, property in which the United
States has an ownership interest by virtue of
the entry of an order of forfeiture by a court
of the United States; or
(C) the foreign person is a financial
institution that maintains a bank account at a
financial institution in the United States.
(3) Court authority over assets.--A court may issue a
pretrial restraining order or take any other action
necessary to ensure that any bank account or other
property held by the defendant in the United States is
available to satisfy a judgment under this section.
(4) Federal receiver.--
(A) In general.--A court may appoint a
Federal Receiver, in accordance with
subparagraph (B) of this paragraph, to collect,
marshal, and take custody, control, and
possession of all assets of the defendant,
wherever located, to satisfy a civil judgment
under this subsection, a forfeiture judgment
under section 981 or 982, or a criminal
sentence under section 1957 or subsection (a)
of this section, including an order of
restitution to any victim of a specified
unlawful activity.
(B) Appointment and authority.--A Federal
Receiver described in subparagraph (A)--
(i) may be appointed upon application
of a Federal prosecutor or a Federal or
State regulator, by the court having
jurisdiction over the defendant in the
case;
(ii) shall be an officer of the
court, and the powers of the Federal
Receiver shall include the powers set
out in section 754 of title 28, United
States Code; and
(iii) shall have standing equivalent
to that of a Federal prosecutor for the
purpose of submitting requests to
obtain information regarding the assets
of the defendant--
(I) from the Financial Crimes
Enforcement Network of the
Department of the Treasury; or
(II) from a foreign country
pursuant to a mutual legal
assistance treaty, multilateral
agreement, or other arrangement
for international law
enforcement assistance,
provided that such requests are
in accordance with the policies
and procedures of the Attorney
General.
(c) As used in this section--
(1) the term ``knowing that the property involved in
a financial transaction represents the proceeds of some
form of unlawful activity'' means that the person knew
the property involved in the transaction represented
proceeds from some form, though not necessarily which
form, of activity that constitutes a felony under
State, Federal, or foreign law, regardless of whether
or not such activity is specified in paragraph (7);
(2) the term ``conducts'' includes initiating,
concluding, or participating in initiating, or
concluding a transaction;
(3) the term ``transaction'' includes a purchase,
sale, loan, pledge, gift, transfer, delivery, or other
disposition, and with respect to a financial
institution includes a deposit, withdrawal, transfer
between accounts, exchange of currency, loan, extension
of credit, purchase or sale of any stock, bond,
certificate of deposit, or other monetary instrument,
use of a safe deposit box, or any other payment,
transfer, or delivery by, through, or to a financial
institution, by whatever means effected;
(4) the term ``financial transaction'' means (A) a
transaction which in any way or degree affects
interstate or foreign commerce (i) involving the
movement of funds by wire or other means or (ii)
involving one or more monetary instruments, or (iii)
involving the transfer of title to any real property,
vehicle, vessel, or aircraft, or (B) a transaction
involving the use of a financial institution which is
engaged in, or the activities of which affect,
interstate or foreign commerce in any way or degree;
(5) the term ``monetary instruments'' means (i) coin
or currency of the United States or of any other
country, travelers' checks, personal checks, bank
checks, and money orders, or (ii) investment securities
or negotiable instruments, in bearer form or otherwise
in such form that title thereto passes upon delivery;
(6) the term ``financial institution'' includes--
(A) any financial institution, as defined in
section 5312(a)(2) of title 31, United States
Code, or the regulations promulgated
thereunder; and
(B) any foreign bank, as defined in section 1
of the International Banking Act of 1978 (12
U.S.C. 3101);
(7) the term ``specified unlawful activity'' means--
(A) any act or activity constituting an
offense listed in section 1961(1) of this title
except an act which is indictable under
subchapter II of chapter 53 of title 31;
(B) with respect to a financial transaction
occurring in whole or in part in the United
States, an offense against a foreign nation
involving--
(i) the manufacture, importation,
sale, or distribution of a controlled
substance (as such term is defined for
the purposes of the Controlled
Substances Act);
(ii) murder, kidnapping, robbery,
extortion, destruction of property by
means of explosive or fire, or a crime
of violence (as defined in section 16);
(iii) fraud, or any scheme or attempt
to defraud, by or against a foreign
bank (as defined in paragraph 7 of
section 1(b) of the International
Banking Act of 1978));
(iv) bribery of a public official, or
the misappropriation, theft, or
embezzlement of public funds by or for
the benefit of a public official;
(v) smuggling or export control
violations involving--
(I) an item controlled on the
United States Munitions List
established under section 38 of
the Arms Export Control Act (22
U.S.C. 2778); or
(II) an item controlled under
regulations under the Export
Administration Regulations (15
C.F.R. Parts 730-774);
(vi) an offense with respect to which
the United States would be obligated by
a multilateral treaty, either to
extradite the alleged offender or to
submit the case for prosecution, if the
offender were found within the
territory of the United States; or
(vii) trafficking in persons, selling
or buying of children, sexual
exploitation of children, or
transporting, recruiting or harboring a
person, including a child, for
commercial sex acts;
(C) any act or acts constituting a continuing
criminal enterprise, as that term is defined in
section 408 of the Controlled Substances Act
(21 U.S.C. 848);
(D) an offense under section 32 (relating to
the destruction of aircraft), section 37
(relating to violence at international
airports), section 115 (relating to
influencing, impeding, or retaliating against a
Federal official by threatening or injuring a
family member), section 152 (relating to
concealment of assets; false oaths and claims;
bribery), section 175c (relating to the variola
virus), section 215 (relating to commissions or
gifts for procuring loans), section 351
(relating to congressional or Cabinet officer
assassination), any of sections 500 through 503
(relating to certain counterfeiting offenses),
section 513 (relating to securities of States
and private entities), section 541 (relating to
goods falsely classified), section 542
(relating to entry of goods by means of false
statements), section 545 (relating to smuggling
goods into the United States), section 549
(relating to removing goods from Customs
custody), section 554 (relating to smuggling
goods from the United States), section 555
(relating to border tunnels), section 641
(relating to public money, property, or
records), section 656 (relating to theft,
embezzlement, or misapplication by bank officer
or employee), section 657 (relating to lending,
credit, and insurance institutions), section
658 (relating to property mortgaged or pledged
to farm credit agencies), section 666 (relating
to theft or bribery concerning programs
receiving Federal funds), section 793, 794, or
798 (relating to espionage), section 831
(relating to prohibited transactions involving
nuclear materials), section 844(f) or (i)
(relating to destruction by explosives or fire
of Government property or property affecting
interstate or foreign commerce), section 875
(relating to interstate communications),
section 922(l) (relating to the unlawful
importation of firearms), [section 924(n)]
section 922(a)(1)(A), 922(d), 924(n), or 932
(relating to firearms trafficking), section 956
(relating to conspiracy to kill, kidnap, maim,
or injure certain property in a foreign
country), section 1005 (relating to fraudulent
bank entries), 1006 (relating to fraudulent
Federal credit institution entries), 1007
(relating to Federal Deposit Insurance
transactions), 1014 (relating to fraudulent
loan or credit applications), section 1030
(relating to computer fraud and abuse), 1032
(relating to concealment of assets from
conservator, receiver, or liquidating agent of
financial institution), section 1111 (relating
to murder), section 1114 (relating to murder of
United States law enforcement officials),
section 1116 (relating to murder of foreign
officials, official guests, or internationally
protected persons), section 1201 (relating to
kidnaping), section 1203 (relating to hostage
taking), section 1361 (relating to willful
injury of Government property), section 1363
(relating to destruction of property within the
special maritime and territorial jurisdiction),
section 1708 (theft from the mail), section
1751 (relating to Presidential assassination),
section 2113 or 2114 (relating to bank and
postal robbery and theft), section 2252A
(relating to child pornography) where the child
pornography contains a visual depiction of an
actual minor engaging in sexually explicit
conduct, section 2260 (production of certain
child pornography for importation into the
United States), section 2280 (relating to
violence against maritime navigation), section
2281 (relating to violence against maritime
fixed platforms), section 2319 (relating to
copyright infringement), section 2320 (relating
to trafficking in counterfeit goods and
services), section 2332 (relating to terrorist
acts abroad against United States nationals),
section 2332a (relating to use of weapons of
mass destruction), section 2332b (relating to
international terrorist acts transcending
national boundaries), section 2332g (relating
to missile systems designed to destroy
aircraft), section 2332h (relating to
radiological dispersal devices), section 2339A
or 2339B (relating to providing material
support to terrorists), section 2339C (relating
to financing of terrorism), or section 2339D
(relating to receiving military-type training
from a foreign terrorist organization) of this
title, section 46502 of title 49, United States
Code, a felony violation of the Chemical
Diversion and Trafficking Act of 1988 (relating
to precursor and essential chemicals), section
590 of the Tariff Act of 1930 (19 U.S.C. 1590)
(relating to aviation smuggling), section 422
of the Controlled Substances Act (relating to
transportation of drug paraphernalia), section
38(c) (relating to criminal violations) of the
Arms Export Control Act, section 11 (relating
to violations) of the Export Administration Act
of 1979, section 206 (relating to penalties) of
the International Emergency Economic Powers
Act, section 16 (relating to offenses and
punishment) of the Trading with the Enemy Act,
any felony violation of section 15 of the Food
and Nutrition Act of 2008 (relating to
supplemental nutrition assistance program
benefits fraud) involving a quantity of
benefits having a value of not less than
$5,000, any violation of section 543(a)(1) of
the Housing Act of 1949 (relating to equity
skimming), any felony violation of the Foreign
Agents Registration Act of 1938, any felony
violation of the Foreign Corrupt Practices Act,
section 92 of the Atomic Energy Act of 1954 (42
U.S.C. 2122) (relating to prohibitions
governing atomic weapons), or section 104(a) of
the North Korea Sanctions Enforcement Act of
2016 (relating to prohibited activities with
respect to North Korea);
environmental crimes
(E) a felony violation of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.),
the Ocean Dumping Act (33 U.S.C. 1401 et seq.),
the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.), the Safe Drinking Water
Act (42 U.S.C. 300f et seq.), or the Resources
Conservation and Recovery Act (42 U.S.C. 6901
et seq.);
(F) any act or activity constituting an
offense involving a Federal health care
offense; or
(G) any act that is a criminal violation of
subparagraph (A), (B), (C), (D), (E), or (F) of
paragraph (1) of section 9(a) of the Endangered
Species Act of 1973 (16 U.S.C. 1538(a)(1)),
section 2203 of the African Elephant
Conservation Act (16 U.S.C. 4223), or section
7(a) of the Rhinoceros and Tiger Conservation
Act of 1994 (16 U.S.C. 5305a(a)), if the
endangered or threatened species of fish or
wildlife, products, items, or substances
involved in the violation and relevant conduct,
as applicable, have a total value of more than
$10,000;
(8) the term ``State'' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States; and
(9) the term ``proceeds'' means any property derived
from or obtained or retained, directly or indirectly,
through some form of unlawful activity, including the
gross receipts of such activity.
(d) Nothing in this section shall supersede any provision of
Federal, State, or other law imposing criminal penalties or
affording civil remedies in addition to those provided for in
this section.
(e) Violations of this section may be investigated by such
components of the Department of Justice as the Attorney General
may direct, and by such components of the Department of the
Treasury as the Secretary of the Treasury may direct, as
appropriate, and, with respect to offenses over which the
Department of Homeland Security has jurisdiction, by such
components of the Department of Homeland Security as the
Secretary of Homeland Security may direct, and, with respect to
offenses over which the United States Postal Service has
jurisdiction, by the Postal Service. Such authority of the
Secretary of the Treasury, the Secretary of Homeland Security,
and the Postal Service shall be exercised in accordance with an
agreement which shall be entered into by the Secretary of the
Treasury, the Secretary of Homeland Security, the Postal
Service, and the Attorney General. Violations of this section
involving offenses described in paragraph (c)(7)(E) may be
investigated by such components of the Department of Justice as
the Attorney General may direct, and the National Enforcement
Investigations Center of the Environmental Protection Agency.
(f) There is extraterritorial jurisdiction over the conduct
prohibited by this section if--
(1) the conduct is by a United States citizen or, in
the case of a non-United States citizen, the conduct
occurs in part in the United States; and
(2) the transaction or series of related transactions
involves funds or monetary instruments of a value
exceeding $10,000.
(g) Notice of Conviction of Financial Institutions.--If any
financial institution or any officer, director, or employee of
any financial institution has been found guilty of an offense
under this section, section 1957 or 1960 of this title, or
section 5322 or 5324 of title 31, the Attorney General shall
provide written notice of such fact to the appropriate
regulatory agency for the financial institution.
(h) Any person who conspires to commit any offense defined in
this section or section 1957 shall be subject to the same
penalties as those prescribed for the offense the commission of
which was the object of the conspiracy.
(i) Venue.--(1) Except as provided in paragraph (2), a
prosecution for an offense under this section or section 1957
may be brought in--
(A) any district in which the financial or monetary
transaction is conducted; or
(B) any district where a prosecution for the
underlying specified unlawful activity could be
brought, if the defendant participated in the transfer
of the proceeds of the specified unlawful activity from
that district to the district where the financial or
monetary transaction is conducted.
(2) A prosecution for an attempt or conspiracy offense under
this section or section 1957 may be brought in the district
where venue would lie for the completed offense under paragraph
(1), or in any other district where an act in furtherance of
the attempt or conspiracy took place.
(3) For purposes of this section, a transfer of funds from 1
place to another, by wire or any other means, shall constitute
a single, continuing transaction. Any person who conducts (as
that term is defined in subsection (c)(2)) any portion of the
transaction may be charged in any district in which the
transaction takes place.
* * * * * * *
----------
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
Part E--Bureau of Justice Assistance Grant Programs
Subpart 1--Edward Byrne Memorial Justice Assistance Grant Program
* * * * * * *
SEC. 501. DESCRIPTION.
(a) Grants Authorized.--
(1) In general.--From amounts made available to carry
out this subpart, the Attorney General may, in
accordance with the formula established under section
505, make grants to States and units of local
government, for use by the State or unit of local
government to provide additional personnel, equipment,
supplies, contractual support, training, technical
assistance, and information systems for criminal
justice, including for any one or more of the following
programs:
(A) Law enforcement programs.
(B) Prosecution and court programs.
(C) Prevention and education programs.
(D) Corrections and community corrections
programs.
(E) Drug treatment and enforcement programs.
(F) Planning, evaluation, and technology
improvement programs.
(G) Crime victim and witness programs (other
than compensation).
(H) Mental health programs and related law
enforcement and corrections programs, including
behavioral programs and crisis intervention
teams.
(I) Compensation for surrendered large
capacity ammunition feeding devices, as that
term is defined in section 921 of title 18,
United States Code, under buy-back programs for
large capacity ammunition feeding devices.
(2) Rule of construction.--Paragraph (1) shall be
construed to ensure that a grant under that paragraph
may be used for any purpose for which a grant was
authorized to be used under either or both of the
programs specified in section 500(b), as those programs
were in effect immediately before the enactment of this
paragraph.
(b) Contracts and Subawards.--A State or unit of local
government may, in using a grant under this subpart for
purposes authorized by subsection (a), use all or a portion of
that grant to contract with or make one or more subawards to
one or more--
(1) neighborhood or community-based organizations
that are private and nonprofit; or
(2) units of local government.
(c) Program Assessment Component; Waiver.--
(1) Each program funded under this subpart shall
contain a program assessment component, developed
pursuant to guidelines established by the Attorney
General, in coordination with the National Institute of
Justice.
(2) The Attorney General may waive the requirement of
paragraph (1) with respect to a program if, in the
opinion of the Attorney General, the program is not of
sufficient size to justify a full program assessment.
(d) Prohibited Uses.--Notwithstanding any other provision of
this Act, no funds provided under this subpart may be used,
directly or indirectly, to provide any of the following
matters:
(1) Any security enhancements or any equipment to any
nongovernmental entity that is not engaged in criminal
justice or public safety.
(2) Unless the Attorney General certifies that
extraordinary and exigent circumstances exist that make
the use of such funds to provide such matters essential
to the maintenance of public safety and good order--
(A) vehicles (excluding police cruisers),
vessels (excluding police boats), or aircraft
(excluding police helicopters);
(B) luxury items;
(C) real estate;
(D) construction projects (other than penal
or correctional institutions); or
(E) any similar matters.
(e) Administrative Costs.--Not more than 10 percent of a
grant made under this subpart may be used for costs incurred to
administer such grant.
(f) Period.--The period of a grant made under this subpart
shall be four years, except that renewals and extensions beyond
that period may be granted at the discretion of the Attorney
General.
(g) Rule of Construction.--Subparagraph (d)(1) shall not be
construed to prohibit the use, directly or indirectly, of funds
provided under this subpart to provide security at a public
event, such as a political convention or major sports event, so
long as such security is provided under applicable laws and
procedures.
* * * * * * *
PART PP--FIREARM SAFE STORAGE PROGRAM
SEC. 3061. 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 enacts legislation
functionally identical to section 922(z)(4) of title
18, United States Code.
(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 that is functionally
identical to section 922(z)(4) of title 18,
United States Code.
(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 2023 through 2027,
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
functionally identical to section 922(z)(4) of title 18, United
States Code.
SEC. 3062. KIMBERLY VAUGHAN FIREARM SAFE STORAGE GRANT PROGRAM.
(a) Authorization.--The Attorney General may award grants to
States and Indian Tribes for the development, implementation,
and evaluation of Safe Firearm Storage Assistance Programs.
(b) 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.
(c) 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 Assistance 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
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).
(d) 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.
(e) 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.
(f) 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.
* * * * * * *
----------
INTERNAL REVENUE CODE OF 1986
* * * * * * *
Subtitle A--Income Taxes
* * * * * * *
CHAPTER 1--NORMAL TAXES AND SURTAXES
* * * * * * *
Subchapter A--DETERMINATION OF TAX LIABILITY
* * * * * * *
PART IV--CREDITS AGAINST TAX
* * * * * * *
Subpart D--BUSINESS RELATED CREDITS
Sec. 38. General business credit.
* * * * * * *
Sec. 45U. Safe firearm storage credit.
SEC. 38. GENERAL BUSINESS CREDIT.
(a) Allowance of credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an
amount equal to the sum of--
(1) the business credit carryforwards carried to such
taxable year,
(2) the amount of the current year business credit,
plus
(3) the business credit carrybacks carried to such
taxable year.
(b) Current year business credit.--For purposes of this
subpart, the amount of the current year business credit is the
sum of the following credits determined for the taxable year:
(1) the investment credit determined under section
46,
(2) the work opportunity credit determined under
section 51(a),
(3) the alcohol fuels credit determined under section
40(a),
(4) the research credit determined under section
41(a),
(5) the low-income housing credit determined under
section 42(a),
(6) the enhanced oil recovery credit under section
43(a),
(7) in the case of an eligible small business (as
defined in section 44(b)), the disabled access credit
determined under section 44(a),
(8) the renewable electricity production credit under
section 45(a),
(9) the empowerment zone employment credit determined
under section 1396(a),
(10) the Indian employment credit as determined under
section 45A(a),
(11) the employer social security credit determined
under section 45B(a),
(12) the orphan drug credit determined under section
45C(a),
(13) the new markets tax credit determined under
section 45D(a),
(14) in the case of an eligible employer (as defined
in section 45E(c)), the small employer pension plan
startup cost credit determined under section 45E(a),
(15) the employer-provided child care credit
determined under section 45F(a),
(16) the railroad track maintenance credit determined
under section 45G(a),
(17) the biodiesel fuels credit determined under
section 40A(a),
(18) the low sulfur diesel fuel production credit
determined under section 45H(a),
(19) the marginal oil and gas well production credit
determined under section 45I(a),
(20) the distilled spirits credit determined under
section 5011(a),
(21) the advanced nuclear power facility production
credit determined under section 45J(a),
(22) the nonconventional source production credit
determined under section 45K(a),
(23) the new energy efficient home credit determined
under section 45L(a),
(24) the portion of the alternative motor vehicle
credit to which section 30B(g)(1) applies,
(25) the portion of the alternative fuel vehicle
refueling property credit to which section 30C(d)(1)
applies,
(26) the mine rescue team training credit determined
under section 45N(a),
(27) in the case of an eligible agricultural business
(as defined in section 45O(e)), the agricultural
chemicals security credit determined under section
45O(a),
(28) the differential wage payment credit determined
under section 45P(a),
(29) the carbon dioxide sequestration credit
determined under section 45Q(a),
(30) the portion of the new qualified plug-in
electric drive motor vehicle credit to which section
30D(c)(1) applies,
(31) the small employer health insurance credit
determined under section 45R,
(32) in the case of an eligible employer (as defined
in section 45S(c)), the paid family and medical leave
credit determined under section 45S(a), [plus]
(33) in the case of an eligible employer (as defined
in section 45T(c)), the retirement auto-enrollment
credit determined under section 45T(a)[.], plus
(34) the safe firearm storage credit determined under
section 45U.
(c) Limitation based on amount of tax.--
(1) In general.--The credit allowed under subsection
(a) for any taxable year shall not exceed the excess
(if any) of the taxpayer's net income tax over the
greater of--
(A) the tentative minimum tax for the taxable
year, or
(B) 25 percent of so much of the taxpayer's
net regular tax liability as exceeds $25,000.
For purposes of the preceding sentence, the term ``net
income tax'' means the sum of the regular tax liability
and the tax imposed by section 55, reduced by the
credits allowable under subparts A and B of this part,
and the term ``net regular tax liability'' means the
regular tax liability reduced by the sum of the credits
allowable under subparts A and B of this part.
(2) Empowerment zone employment credit may offset 25
percent of minimum tax.--
(A) In general.--In the case of the
empowerment zone employment credit--
(i) this section and section 39 shall
be applied separately with respect to
such credit, and
(ii) for purposes of applying
paragraph (1) to such credit--
(I) 75 percent of the
tentative minimum tax shall be
substituted for the tentative
minimum tax under subparagraph
(A) thereof, and
(II) the limitation under
paragraph (1) (as modified by
subclause (I)) shall be reduced
by the credit allowed under
subsection (a) for the taxable
year (other than the
empowerment zone employment
credit and the specified
credits).
(B) Empowerment zone employment credit.--For
purposes of this paragraph, the term
``empowerment zone employment credit'' means
the portion of the credit under subsection (a)
which is attributable to the credit determined
under section 1396 (relating to empowerment
zone employment credit).
(4) Special rules for specified credits.--
(A) In general.--In the case of specified
credits--
(i) this section and section 39 shall
be applied separately with respect to
such credits, and
(ii) in applying paragraph (1) to
such credits--
(I) the tentative minimum tax
shall be treated as being zero,
and
(II) the limitation under
paragraph (1) (as modified by
subclause (I)) shall be reduced
by the credit allowed under
subsection (a) for the taxable
year (other than the specified
credits).
(B) Specified credits.--For purposes of this
subsection, the term ``specified credits''
means--
(i) for taxable years beginning after
December 31, 2004, the credit
determined under section 40,
(ii) the credit determined under
section 41 for the taxable year with
respect to an eligible small business
(as defined in paragraph (5)(A) after
application of the rules of paragraph
(5)(B)),
(iii) the credit determined under
section 42 to the extent attributable
to buildings placed in service after
December 31, 2007,
(iv) the credit determined under
section 45 to the extent that such
credit is attributable to electricity
or refined coal produced--
(I) at a facility which is
originally placed in service
after the date of the enactment
of this paragraph, and
(II) during the 4-year period
beginning on the date that such
facility was originally placed
in service,
(v) the credit determined under
section 45 to the extent that such
credit is attributable to section
45(e)(10) (relating to Indian coal
production facilities),
(vi) the credit determined under
section 45B,
(vii) the credit determined under
section 45G,
(viii) the credit determined under
section 45R,
(ix) the credit determined under
section 45S,
(x) the credit determined under
section 46 to the extent that such
credit is attributable to the energy
credit determined under section 48,
(xi) the credit determined under
section 46 to the extent that such
credit is attributable to the
rehabilitation credit under section 47,
but only with respect to qualified
rehabilitation expenditures properly
taken into account for periods after
December 31, 2007, and
(xii) the credit determined under
section 51.
(5) Rules related to eligible small businesses.--
(A) Eligible small business.--For purposes of
this subsection, the term ``eligible small
business'' means, with respect to any taxable
year--
(i) a corporation the stock of which
is not publicly traded,
(ii) a partnership, or
(iii) a sole proprietorship,
if the average annual gross receipts of such
corporation, partnership, or sole
proprietorship for the 3-taxable-year period
preceding such taxable year does not exceed
$50,000,000. For purposes of applying the test
under the preceding sentence, rules similar to
the rules of paragraphs (2) and (3) of section
448(c) shall apply.
(B) Treatment of partners and S corporation
shareholders.--For purposes of paragraph
(4)(B)(ii), any credit determined under section
41 with respect to a partnership or S
corporation shall not be treated as a specified
credit by any partner or shareholder unless
such partner or shareholder meets the gross
receipts test under subparagraph (A) for the
taxable year in which such credit is treated as
a current year business credit.
(6) Special rules.--
(A) Married individuals.--In the case of a
husband or wife who files a separate return,
the amount specified under subparagraph (B) of
paragraph (1) shall be $12,500 in lieu of
$25,000. This subparagraph shall not apply if
the spouse of the taxpayer has no business
credit carryforward or carryback to, and has no
current year business credit for, the taxable
year of such spouse which ends within or with
the taxpayer's taxable year.
(B) Controlled groups.--In the case of a
controlled group, the $25,000 amount specified
under subparagraph (B) of paragraph (1) shall
be reduced for each component member of such
group by apportioning $25,000 among the
component members of such group in such manner
as the Secretary shall by regulations
prescribe. For purposes of the preceding
sentence, the term ``controlled group'' has the
meaning given to such term by section 1563(a).
(C) Limitations with respect to certain
persons.--In the case of a person described in
subparagraph (A) or (B) of section 46(e)(1) (as
in effect on the day before the date of the
enactment of the Revenue Reconciliation Act of
1990), the $25,000 amount specified under
subparagraph (B) of paragraph (1) shall equal
such person's ratable share (as determined
under section 46(e)(2) (as so in effect) of
such amount.
(D) Estates and trusts.--In the case of an
estate or trust, the $25,000 amount specified
under subparagraph (B) of paragraph (1) shall
be reduced to an amount which bears the same
ratio to $25,000 as the portion of the income
of the estate or trust which is not allocated
to beneficiaries bears to the total income of
the estate or trust.
(E) Corporations.--In the case of a
corporation, this subsection shall be applied
by treating the corporation as having a
tentative minimum tax of zero.
(d) Ordering rules.--For purposes of any provision of this
title where it is necessary to ascertain the extent to which
the credits determined under any section referred to in
subsection (b) are used in a taxable year or as a carryback or
carryforward--
(1) In general.--The order in which such credits are
used shall be determined on the basis of the order in
which they are listed in subsection (b) as of the close
of the taxable year in which the credit is used.
(2) Components of investment credit.--The order in
which the credits listed in section 46 are used shall
be determined on the basis of the order in which such
credits are listed in section 46 as of the close of the
taxable year in which the credit is used.
* * * * * * *
SEC. 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, or bump
stock'' in paragraph (3) of such section).
(d) Termination.--This section shall not apply to sales after
December 31, 2030.
* * * * * * *
Subtitle E--Alcohol, Tobacco, and Certain Other Excise Taxes
* * * * * * *
CHAPTER 53--MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER
FIREARMS
* * * * * * *
Subchapter B--GENERAL PROVISIONS AND EXEMPTIONS
* * * * * * *
PART I--GENERAL PROVISIONS
* * * * * * *
SEC. 5845. DEFINITIONS.
For the purpose of this chapter--
(a) Firearm.--The term ``firearm'' means (1) a shotgun having
a barrel or barrels of less than 18 inches in length; (2) a
weapon made from a shotgun if such weapon as modified has an
overall length of less than 26 inches or a barrel or barrels of
less than 18 inches in length; (3) a rifle having a barrel or
barrels of less than 16 inches in length; (4) a weapon made
from a rifle if such weapon as modified has an overall length
of less than 26 inches or a barrel or barrels of less than 16
inches in length; (5) any other weapon, as defined in
subsection (e); (6) a machinegun; (7) any silencer (as defined
in section 921 of title 18, United States Code); [and (8) a
destructive device.] (8) a destructive device; and (9) a bump
stock. The term ``firearm'' shall not include an antique
firearm or any device (other than a machinegun or destructive
device) which, although designed as a weapon, the Secretary
finds by reason of the date of its manufacture, value, design,
and other characteristics is primarily a collector's item and
is not likely to be used as a weapon.
(b) Machinegun.--The term ``machinegun'' means any weapon
which shoots, is designed to shoot, or can be readily restored
to shoot, automatically more than one shot, without manual
reloading, by a single function of the trigger. The term shall
also include the frame or receiver of any such weapon, any part
designed and intended solely and exclusively, or combination of
parts designed and intended, for use in converting a weapon
into a machinegun, and any combination of parts from which a
machinegun can be assembled if such parts are in the possession
or under the control of a person.
(c) Rifle.--The term ``rifle'' means a weapon designed or
redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use
the energy of the explosive in a fixed cartridge to fire only a
single projectile through a rifled bore for each single pull of
the trigger, and shall include any such weapon which may be
readily restored to fire a fixed cartridge.
(d) Shotgun.--The term ``shotgun'' means a weapon designed or
redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use
the energy of the explosive in a fixed shotgun shell to fire
through a smooth bore either a number of projectiles (ball
shot) or a single projectile for each pull of the trigger, and
shall include any such weapon which may be readily restored to
fire a fixed shotgun shell.
(e) Any other weapon.--The term ``any other weapon'' means
any weapon or device capable of being concealed on the person
from which a shot can be discharged through the energy of an
explosive, a pistol or revolver having a barrel with a smooth
bore designed or redesigned to fire a fixed shotgun shell,
weapons with combination shotgun and rifle barrels 12 inches or
more, less than 18 inches in length, from which only a single
discharge can be made from either barrel without manual
reloading, and shall include any such weapon which may be
readily restored to fire. Such term shall not include a pistol
or a revolver having a rifled bore, or rifled bores, or weapons
designed, made, or intended to be fired from the shoulder and
not capable of firing fixed ammunition.
(f) Destructive device.--The term ``destructive device''
means (1) any explosive, incendiary, or poison gas (A) bomb,
(B) grenade, (C) rocket having a propellent charge of more than
four ounces, (D) missile having an explosive or incendiary
charge of more than one-quarter ounce, (E) mine, or (F) similar
device; (2) any type of weapon by whatever name known which
will, or which may be readily converted to, expel a projectile
by the action of an explosive or other propellant, the barrel
or barrels of which have a bore of more than one-half inch in
diameter, except a shotgun or shotgun shell which the Secretary
finds is generally recognized as particularly suitable for
sporting purposes; and (3) any combination of parts either
designed or intended for use in converting any device into a
destructive device as defined in subparagraphs (1) and (2) and
from which a destructive device may be readily assembled. The
term ``destructive device'' shall not include any device which
is neither designed nor redesigned for use as a weapon; any
device, although originally designed for use as a weapon, which
is redesigned for use as a signaling, pyrotechnic, line
throwing, safety, or similar device; surplus ordnance sold,
loaned, or given by the Secretary of the Army pursuant to the
provisions of section 7684(2), 7685, or 7686 of title 10,
United States Code; or any other device which the Secretary
finds is not likely to be used as a weapon, or is an antique or
is a rifle which the owner intends to use solely for sporting
purposes.
(g) Antique firearm.--The term ``antique firearm'' means any
firearm not designed or redesigned for using rim fire or
conventional center fire ignition with fixed ammunition and
manufactured in or before 1898 (including any matchlock,
flintlock, percussion cap, or similar type of ignition system
or replica thereof, whether actually manufactured before or
after the year 1898) and also any firearm using fixed
ammunition manufactured in or before 1898, for which ammunition
is no longer manufactured in the United States and is not
readily available in the ordinary channels of commercial trade.
(h) Unserviceable firearm.--The term ``unserviceable
firearm'' means a firearm which is incapable of discharging a
shot by means of an explosive and incapable of being readily
restored to a firing condition.
(i) Make.--The term ``make'', and the various derivatives of
such word, shall include manufacturing (other than by one
qualified to engage in such business under this chapter),
putting together, altering, any combination of these, or
otherwise producing a firearm.
(j) Transfer.--The term ``transfer'' and the various
derivatives of such word, shall include selling, assigning,
pledging, leasing, loaning, giving away, or otherwise disposing
of.
(k) Dealer.--The term ``dealer'' means any person, not a
manufacturer or importer, engaged in the business of selling,
renting, leasing, or loaning firearms and shall include
pawnbrokers who accept firearms as collateral for loans.
(l) Importer.--The term ``importer'' means any person who is
engaged in the business of importing or bringing firearms into
the United States.
(m) Manufacturer.--The term ``manufacturer'' means any person
who is engaged in the business of manufacturing firearms.
(n) Bump Stock.--The term ``bump stock'' means any of the
following:
(1) Any manual, power-driven, or electronic device
that is designed such that when the device is attached
to a semiautomatic weapon, the device eliminates the
need for the operator of a semiautomatic weapon to make
a separate movement for each individual function of the
trigger and--
(A) materially increases the rate of fire of
the semiautomatic weapon, or
(B) approximates the action or rate of fire
of a machinegun.
(2) Any part or combination of parts that is designed
and functions to eliminate the need for the operator of
a semiautomatic weapon to make a separate movement for
each individual function of the trigger and--
(A) materially increases the rate of fire of
a semiautomatic weapon, or
(B) approximates the action or rate of fire
of a machinegun.
(3) Any semiautomatic weapon that has been modified
in any way that eliminates the need for the operator of
the semiautomatic weapon to make a separate movement
for each individual function of the trigger and--
(A) materially increases the rate of fire of
the semiautomatic weapon, or
(B) approximates the action or rate of fire
of a machinegun.
(o) Semiautomatic Weapon.--The term ``semiautomatic weapon''
means any repeating weapon that--
(1) utilizes a portion of the energy of a firing
cartridge or shell to extract the fired cartridge case
or shell casing and chamber the next round, and
(2) requires a separate function of the trigger to
fire each cartridge or shell.
* * * * * * *
Minority Views
H.R. 7910 is an assortment of various Democrat gun-control
proposals that would restrict Americans' Second Amendment
rights. The legislation, crafted entirely without input from
Republicans, would fail to prevent gun violence or improve
public safety. Instead, it would unconstitutionally limit the
Constitutional rights for young adults to purchase certain
firearms, ban detached magazines with a capacity of more than
10 rounds of ammunition, and regulate the storage of firearms
in private residences, among other provisions. Republicans
believe that life is precious, especially the lives of
children, but H.R. 7910 is not the silver-bullet solution to
the recent tragedies.
H.R. 7910 WOULD RESTRICT AMERICANS' CONSTITUTIONAL RIGHTS
The Second Amendment protects the right of Americans to
keep and bear arms, including the right to purchase them. H.R.
7910, however, would restrict this right for a category of
Americans, prohibiting 18 to 20 year-olds from purchasing
nearly all semiautomatic rifles and shotguns. During the
Committee's business meeting, Rep. Steve Cohen conceded that
the bill would cause some law-abiding Americans to lose their
constitutional rights: ``Will [the bill] stop a law-abiding
citizen? Sometimes. Maybe. Will it stop non-law-abiding
citizens? Yes.''\1\ Courts have already struck down similar
laws as unconstitutional. In May 2022, the liberal U.S. Court
of Appeals for the Ninth Circuit overturned a California law
banning the sale of long guns and semiautomatic centerfire
rifles to anyone under 21 years old as ``a severe burden on the
core Second Amendment right of self-defense in the home.''\2\
In a concurrence, one judge wrote separately to emphasize ``how
California's legal position has no logical stopping point and
would ultimately erode fundamental rights enumerated in our
Constitution.''\3\ Similarly, the U.S. Court of Appeals for the
Fourth Circuit recently ruled that prohibiting 18 to 20 year-
olds from purchasing certain firearms is unconstitutional.\4\
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\1\Meeting of the H. Comm. on the Judic., 117th Cong. (2022)
(statement of Rep. Cohen).
\2\Jones v. Bonta, No. 20-56174, slip op. at 40 (9th Cir. May 11,
2022).
\3\Id. at 71 (Lee, C.J. concurring).
\4\Hirschfeld v. Bureau of Alcohol, Tobacco, Firearm, and
Explosives, No. 19-2250 (4th Cir. Jul 13, 2021).
---------------------------------------------------------------------------
H.R. 7910 WOULD PREVENT LAW-ABIDING AMERICANS FROM DEFENDING THEMSELVES
This legislation would prohibit law-abiding 18 to 20 year-
olds from purchasing nearly all semiautomatic centerfire rifles
and semiautomatic centerfire shotguns.\5\ Americans use these
firearms to defend themselves. For example, in 2017, Stephen
Willeford used his AR-15 to help stop the deadliest mass
shooting in Texas history. Mr. Willeford confronted and shot
Devin Kelley, who had just fatally shot 26 people in the First
Baptist Church in Sutherland Springs, Texas.\6\ Mr. Willeford
likely prevented further casualties and he was hailed a hero by
local law enforcement. Also in 2017, Zach Peters used his AR-15
rifle to stop three masked intruders who broke into his
home.\7\ In 2013, a 15 year-old boy used his father's AR-15 to
defend himself and his sister against two men who broke into
their house.\8\
---------------------------------------------------------------------------
\5\H.R. 7910, tit. I, 117th Cong. (2022).
\6\Michael James, The Man Who Took down the Texas Church Gunman,
USA Today (Nov. 7, 2017), www.usatoday.com/story/news/2017/11/06/man-
who-put-end-carnage-texas/838700001/.
\7\Avalon Zappo, Oklahoma Man Uses AR-15 to Kill Three Teen Home
Intruders, NBC News (Mar. 28, 2017), Oklahoma Man Uses AR-15 to Kill
Three Teen Home Intruders (nbcnews.com).
\8\Mary Chastain, 15-Year Old Boy Uses AR-15 To Defend Himself,
Sister Against Home Invaders, Breitbart (Jan. 10, 2013), https://
www.breitbart.com/politics/2013/01/10/15-year-old-boy-uses-ar-15-to-
defend-house-against-burglars/.
---------------------------------------------------------------------------
H.R. 7910'S BAN ON ``LARGE CAPACITY'' MAGAZINES WILL NOT MAKE AMERICANS
SAFER AND WILL NOT REDUCE CRIME
H.R. 7910 would ban ``large capacity ammunition feeding
devices'' (LCAFD), which is defined as a magazine that has the
capacity to carry more than ten rounds of ammunition.\9\
However, LCAFDs also play a role in self-defense. For instance,
on April 15, 2018, a Glen St. Mary, Florida resident awoke at 4
a.m. to a home invasion that was motivated by an apparent
Facebook dispute.\10\ According to reports, seven masked and
armed individuals forced their way into a mobile home where one
of the residents was armed with an AR-15.\11\ The resident
fired more than 30 rounds during the event to stop the home
invasion.\12\ Under H.R. 7910, the resident would not have had
access to the rounds necessary to defend his home.
---------------------------------------------------------------------------
\9\H.R. 7910, tit. VI, 117th Cong. (2022).
\10\Garrett Pelican, Deputies: 30 Rounds Fired from AR-15 in Deadly
Florida Home Invasion, WJXT News4JAX (Apr. 17, 2018), www.news4jax.com/
news/2018/04/17/deputies-30-rounds-fired-from-ar-15-in-deadly-florida-
home-invasion/.
\11\Id.
\12\Id.
---------------------------------------------------------------------------
In addition, studies show that the prohibitions on large
capacity magazines, such as the ban contained in H.R. 7910, do
not result in lower crime. For example, the Violent Crime
Control and Law Enforcement Act of 1994 banned magazines with a
capacity to carry more than ten rounds. In 2003, the Centers
for Disease Control and Prevention (CDC) examined 51 studies
that evaluated gun control measures, including the Violent
Crime Control and Law Enforcement Act of 1994, and was unable
to determine that any ban on ``large capacity'' magazines
reduced crime.\13\ In 1997, the Department of Justice's
National Institute of Justice found that the 1994 ban was not
effective in reducing crime because large capacity ``magazines
were never used in more than a modest fraction of gun
murders.''\14\ Another study suggested that a ``large
capacity'' magazine prohibition is ineffective because, on
average, 3.2 to 3.7 rounds are fired during the course of a
criminal shooting involving a semiautomatic handgun.\15\
---------------------------------------------------------------------------
\13\Centers for Disease Control and Prevention, ``First Reports
Evaluating the Effectiveness of Strategies for Preventing Violence:
Firearms Laws. Findings from the Task Force on Community Preventative
Services,'' 52 (RR14) (Oct. 3, 2003).
\14\Jeffrey A. Roth and Christopher S. Koper, U.S. Dep't of
Justice, National Institute of Justice, Impact Evaluation of the Public
Safety and Recreational Firearms Use Protection Act of 1994: Final
Report (Mar. 1997).
\15\Christopher S. Koper, Impact of Handgun Types on Gun Assault
Outcomes: A Comparison of Gun Assaults Involving Semiautomatic Pistols
and Revolvers (Jun. 2003).
---------------------------------------------------------------------------
H.R. 7910'S SAFE STORAGE PROVISIONS MAY BE UNCONSTITUTIONAL AND WILL
MAKE AMERICANS LESS SAFE
In District of Columbia v. Heller, the Supreme Court held
that the Second Amendment prohibits any storage requirement
that would render a firearm within the home inoperable ``for
immediate self-defense.''\16\ The safe storage provision in
H.R. 7910 mandates that all firearms be secured by a gun lock
or some other secure container, or that the firearms be kept on
the person, in close proximity to the person, or in a place
that is reasonably secure.\17\ Any law that prevents a firearm
from being immediately retrievable is in violation of the plain
language of Heller. Legislation that requires a firearm owner
to run a lock through the components of the firearm or that
requires the firearm owner to store the firearm in a manner
that restricts the quick possession of the firearm for self-
defense is unconstitutional. This restriction may also endanger
the firearm owner, her family, and others in an emergency
scenario when time is of the essence. It is the prerogative of
a law-abiding firearm owner to decide how and where the firearm
is stored within the home.
---------------------------------------------------------------------------
\16\District of Columbia v. Heller, 128 S. Ct. 2783 (2008).
\17\H.R. 7910, tit. IV, 117th Cong. (2022).
---------------------------------------------------------------------------
H.R. 7910 FAILS TO IMPROVE PUBLIC SAFETY
At the Committee's business meeting, Chairman Nadler
admitted that gun-control laws do not stop criminals from
obtaining firearms.\18\ In fact, according to the Crime
Prevention Research Center, approximately 94% of all mass
shootings since 1950 have occurred in gun-free zones.\19\ Evil
people intent on doing harm will still do us despite H.R.
7910's onerous restrictions on the rights of law-abiding
Americans.
---------------------------------------------------------------------------
\18\Meeting of the H. Comm. on the Judic., 117th Cong. (2022)
(statement of Rep. Nadler).
\19\Amanda Prestigiacomo, What Percentage of Mass Shootings Happen
in `Gun Free Zones'? The Number is Stunning, Daily Wire (Feb. 22,
2018), https://www.dailywire.com/news/what-percentage-mass-shootings-
happen-gun-free-amanda-prestigiacomo.
---------------------------------------------------------------------------
If Democrats were serious about improving public safety,
they would focus their efforts on the overwhelming number of
shootings that occur in Democrat-run cities. In the weekend
following the Committee's consideration of H.R. 7910, for
example, 33 people were shot in Democrat-run Chicago.\20\ Many
of these Democrat-run jurisdictions, of course, have
progressive leaders who have backed efforts to defund the
police and championed proposals to disincentivize effective
policing. Republicans have urged Democrat leaders on the
Committee to convene hearings to address these problems,\21\
but they have declined to do so.
---------------------------------------------------------------------------
\20\33 people shot, 6 fatally, in Chicago weekend gun violence,
Chic. Sun Times (Jun. 6, 2022).
\21\See, e.g., Letter from Rep. Andy Biggs et al., H. Comm. on the
Judiciary, to Rep. Sheila Jackson Lee, H. Comm. on the Judic. (June 16,
2021).
---------------------------------------------------------------------------
DEMOCRATS REJECTED REPUBLICAN AMENDMENTS THAT WOULD HAVE IMPROVED THE
LEGISLATION
During the Committee's business meeting to consider H.R.
7910, Republicans offered several amendments to improve the
legislation. Chairman Nadler and the Democrat members of the
Committee rejected the following common-sense amendments
offered by Republicans:
Representative Massie offered an amendment that would have
prohibited victims of domestic violence from being subject to
criminal penalties for gun trafficking. Under H.R. 7910 as
drafted by the Democrats, if the purchaser of a firearm were to
lend the firearm to a domestic violence victim for self-
defense, the domestic violence victim would be guilty of gun
trafficking and could face up to ten years in federal prison.
Representative Massie's amendment would have ensured that a
domestic violence victim could adequately defend herself.
During the debate, several Democrats demonstrated a fundamental
misunderstanding about the plain language of their legislation.
Democrats were curiously unable to imagine a scenario in which
someone might seek to borrow a firearm from a neighbor or
friend. Although Rep. Stanton voted in favor of the amendment,
all other Committee Democrats rejected the amendment.
Representative Massie offered a second amendment that would
have allowed 18- to 20-year-old individuals registered for the
selective service to purchase semiautomatic centerfire rifles
and semiautomatic centerfire shotguns. This amendment would
have ensured that individuals who are signed up for the draft
and may be called to give their lives in defense of their
country would be able to purchase a semiautomatic centerfire
rifle or a semiautomatic centerfire shotgun. Chairman Nadler
admitted that he supported sending 18-20-year-old men into
combat but he still maintained that he did not believe the
brains of these young Americans were sufficiently developed to
handle a firearm. Committee Democrats rejected the amendment.
Representative Massie offered a third amendment that would
have allowed the 18- to 20-year-old spouses of active-duty
members of the military to purchase semiautomatic centerfire
rifles and semiautomatic centerfire shotguns. This amendment
would have ensured that the husbands and wives of service
members who are fighting for our country would be able to
exercise their Second Amendment right to purchase a
semiautomatic centerfire rifle or a semiautomatic centerfire
shotgun. Committee Democrats rejected the amendment.
Representative Chabot offered an amendment that would have
expressed the sense of Congress that states and local school
districts should hire more retired police officers and
honorably discharged servicemembers. This amendment would have
encouraged state and school districts to utilize funding
through the Community Oriented Policing Services (COPS) Secure
our Schools grant program. Committee Democrats rejected the
amendment.
Representative Tiffany offered an amendment that would have
required the Attorney General to coordinate with state
attorneys general and state law enforcement officials to
prosecute violations of 18 U.S.C. Sec. 922(g), which makes it
unlawful for several categories of individuals to purchase or
possess firearms. Representative Tiffany offered this amendment
in response to the inactions of progressive prosecutors
throughout the country, who have continually refused to
prosecute broad categories of crimes, including crimes
associated with firearms. This amendment would have ensured
that the Department of Justice and the Attorney General work
with the appropriate state and local law enforcement entities
to prosecute violations of federal law. Committee Democrats
rejected the amendment.
Representative Gaetz offered an amendment that would have
expressed the sense of Congress in opposition to red-flag laws.
Committee Democrats rejected this amendment as well.
CONCLUSION
H.R. 7910 is a Democrat one-size-fits-all gun control bill
that would place significant burdens on Americans' Second
Amendment rights while failing to meaningfully prevent gun
violence or to improve public safety. This bill is a
continuation of House Democrats' overarching fight against the
fundamental rights of American citizens.
Jim Jordan,
Ranking Member.
[all]