Gun Safety: Not Sorry Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 125 To amend title 18, United States Code, to provide for a 7-day waiting period before a semiautomatic firearm, a silencer, armor piercing ammu- nition, or a large capacity ammunition magazine may be transferred. IN THE HOUSE OF REPRESENTATIVES JANUARY 4, 2021 Ms. JACKSON LEE introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide for a 7-day waiting period before a semiautomatic firearm, a silencer, armor piercing ammunition, or a large capac- ity ammunition magazine may be transferred. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Gun Safety: Not Sorry 4 Act of 2021’’. 5 SEC. 2. FINDINGS. 6 The Congress finds as follows: 7 VerDate Sep 11 2014 18:09 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H125.IH H125 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 125 IH (1) There is nearly one mass shooting per day 1 in the United States—355 mass shootings in 2015. 2 (2) In December 2012, a gunman walked into 3 Sandy Hook Elementary School in Newtown, Con- 4 necticut, and killed 20 children, 6 adults, and him- 5 self. 6 (3) Since December 2012, there have been at 7 least 1,518 mass shootings, with at least 1,715 peo- 8 ple killed and 6,089 wounded. 9 (4) On the night of October 1, 2017, a gunman 10 opened fire on a large crowd of concertgoers at the 11 Route 91 Harvest music festival on the Las Vegas 12 Strip, leaving 58 people dead and 527 injured. 13 (5) Every day, on average, 92 Americans are 14 victims of gun violence, resulting in more than 15 33,000 deaths annually. 16 (6) States with higher gun ownership rates have 17 higher gun murder rates—as much as 114 percent 18 higher than States with lower gun ownership rates. 19 (7) A recent study by the Centers for Disease 20 Control and Prevention looking at 30 years of homi- 21 cide data found that for every 1 percent increase in 22 a State’s gun ownership rate, there is a nearly 1 23 percent increase in its firearm homicide rate. 24 VerDate Sep 11 2014 18:09 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H125.IH H125 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 125 IH (8) Gun death rates are generally lower in 1 States with restrictions such as safe storage require- 2 ments or assault weapons bans. 3 (9) Mass shootings stopped by armed civilians 4 in the past 33 years: 0. 5 (10) Because more than 75 percent of the 6 weapons used in mass shootings between 1982 and 7 2012 were obtained legally, stronger legislation is 8 needed to prevent guns from getting into the wrong 9 hands. 10 SEC. 3. 7-DAY WAITING PERIOD REQUIRED BEFORE TRANS- 11 FERRING A SEMIAUTOMATIC FIREARM, A SI- 12 LENCER, ARMOR PIERCING AMMUNITION, OR 13 A LARGE CAPACITY AMMUNITION MAGAZINE. 14 (a) TRANSFERS BY LICENSED IMPORTERS, LI- 15 CENSED MANUFACTURERS, OR LICENSED DEALERS TO 16 PERSONS NOT SO LICENSED.—Section 922(t) of title 18, 17 United States Code, is amended— 18 (1) in paragraph (1)— 19 (A) by inserting ‘‘, armor piercing ammu- 20 nition, or a large capacity ammunition maga- 21 zine’’ after ‘‘firearm’’ the first place it appears; 22 and 23 (B) by striking subparagraph (B) and in- 24 serting the following: 25 VerDate Sep 11 2014 18:09 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H125.IH H125 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 125 IH ‘‘(B)(i) in the case of a transfer not referred to 1 in clause (ii)— 2 ‘‘(I) the system provides the licensee with 3 a unique identification number; or 4 ‘‘(II) 3 business days (meaning a day on 5 which State offices are open) have elapsed since 6 the licensee contacted the system, and the sys- 7 tem has not notified the licensee that the re- 8 ceipt of a firearm by such other person would 9 violate subsection (g) or (n) of this section; and 10 ‘‘(ii) in the case of the transfer of a semiauto- 11 matic firearm, a silencer, armor piercing ammuni- 12 tion, or a large capacity ammunition magazine, 7 13 business days (meaning a day on which State offices 14 are open) have elapsed since the licensee contacted 15 the system, and the system has not notified the li- 16 censee that the receipt of the firearm or ammunition 17 involved by such other person would violate sub- 18 section (g) or (n) of this section; and’’; 19 (2) in paragraph (3), by striking ‘‘firearm’’ the 20 first place it appears; 21 (3) in paragraph (4), by inserting ‘‘, armor 22 piercing ammunition, or a large capacity ammuni- 23 tion magazine’’ after ‘‘firearm’’ the second place it 24 appears; 25 VerDate Sep 11 2014 18:09 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H125.IH H125 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 125 IH (4) in paragraph (5), by inserting ‘‘, armor 1 piercing ammunition, or a large capacity ammuni- 2 tion magazine’’ after ‘‘firearm’’ the first place it ap- 3 pears; and 4 (5) in paragraph (6)— 5 (A) by inserting ‘‘, armor piercing ammu- 6 nition, or a large capacity ammunition maga- 7 zine’’ after ‘‘firearm’’ the first place it appears; 8 and 9 (B) by striking ‘‘the firearm’’ and insert- 10 ing ‘‘a firearm’’. 11 (b) TRANSFERS BETWEEN PERSONS WHO ARE NOT 12 LICENSED IMPORTERS, LICENSED MANUFACTURERS, OR 13 LICENSED DEALERS.— 14 (1) PROHIBITION.—Section 922 of such title is 15 amended by adding at the end the following: 16 ‘‘(aa) It shall be unlawful for a person who is not 17 a licensed importer, licensed manufacturer, or licensed 18 dealer, in or affecting interstate or foreign commerce, to 19 transfer to another person not so licensed a semiautomatic 20 firearm, a silencer, armor piercing ammunition, or a large 21 capacity ammunition magazine, unless at least 7 business 22 days (meaning a day on which State offices are open) have 23 elapsed since the transferee most recently offered or 24 agreed to acquire the semiautomatic firearm, silencer, am- 25 VerDate Sep 11 2014 18:09 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H125.IH H125 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 125 IH munition, or magazine, as the case may be, from the 1 transferor.’’. 2 (2) PENALTIES.—Section 924(a)(5) of such 3 title is amended by striking ‘‘or (t)’’ and inserting 4 ‘‘, (t), or (aa)’’. 5 (c) DEFINITIONS.—Section 921(a) of such title is 6 amended by inserting after paragraph (29) the following: 7 ‘‘(30) The term ‘semiautomatic firearm’ means any 8 repeating firearm which utilizes a portion of the energy 9 of a firing cartridge to extract the fired cartridge case and 10 chamber the next round, and which requires a separate 11 pull of the trigger to fire each cartridge. 12 ‘‘(31) The term ‘large capacity ammunition maga- 13 zine’ means a magazine, belt, drum, feed strip, or similar 14 device that has a capacity of, or that can be readily re- 15 stored or converted to accept, more than 10 rounds of am- 16 munition.’’. 17 (d) EFFECTIVE DATE.—The amendments made by 18 this section shall apply to conduct engaged in after the 19 30-day period that begins with the date of the enactment 20 of this Act. 21 Æ VerDate Sep 11 2014 18:09 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H125.IH H125 pamtmann on DSKBC07HB2PROD with BILLS