Kimberly Vaughan Firearm Safe Storage Act

I 117TH CONGRESS 1ST SESSION H. R. 130 To require the safe storage of firearms and ammunition, and to require the investigation of reports of improper storage of firearms or ammunition. 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 require the safe storage of firearms and ammunition, and to require the investigation of reports of improper storage of firearms or ammunition. 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 ‘‘Kimberly Vaughan 4 Firearm Safe Storage Act’’. 5 SEC. 2. PROHIBITION ON IMPROPER STORAGE OF FIRE- 6 ARMS OR AMMUNITION. 7 (a) IN GENERAL.—Section 922 of title 18, United 8 States Code, is amended by adding at the end the fol- 9 lowing: 10 VerDate Sep 11 2014 18:10 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H130.IH H130 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 130 IH ‘‘(aa)(1)(A) It shall be unlawful for a person to store 1 or keep any firearm or ammunition that has moved in, 2 or that has otherwise affected, interstate or foreign com- 3 merce, on the premises of a residence under the control 4 of the person if the person knows, or reasonably should 5 know, that— 6 ‘‘(i) an individual who has not attained 18 7 years of age is likely to gain access to the firearm 8 or ammunition without the permission of the parent 9 or guardian of the individual; or 10 ‘‘(ii) an individual who resides at the residence 11 is ineligible to possess a firearm under Federal, 12 State, or local law. 13 ‘‘(B) Subparagraph (A) shall not apply to a person 14 with respect to a firearm or ammunition for the firearm 15 if the person keeps the firearms and ammunition— 16 ‘‘(i) secured, unloaded, and separately, in a safe 17 certified by the Attorney General, and locked with a 18 trigger lock certified by the Attorney General; or 19 ‘‘(ii) off the premises at a storage facility, or 20 gun range, certified by the Attorney General.’’. 21 (b) PENALTIES.—Section 924(a) of such title is 22 amended by adding at the end the following: 23 ‘‘(8)(A)(i) Whoever, in a civil action, is found to have 24 violated section 922(aa) with respect to a firearm and the 25 VerDate Sep 11 2014 18:10 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H130.IH H130 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 130 IH violation is not found to have resulted in a discharge of 1 the firearm, shall be fined not more than $5,000. 2 ‘‘(ii) Whoever, in a criminal action, is found to have 3 violated section 922(aa) with respect to a firearm and the 4 violation is found to have resulted in a discharge of the 5 firearm, shall be fined not less than $50,000 and not more 6 than $100,000, imprisoned not more than 20 years, or 7 both. 8 ‘‘(B) On conviction of a person for violating section 9 922(aa) with respect to a firearm or ammunition, the 10 court shall order the Attorney General to seize and store 11 the firearm or ammunition, at the expense of the owner 12 of the firearm or ammunition, at a facility that is— 13 ‘‘(i) certified by the Attorney General for the 14 safe storage of firearms or ammunition; and 15 ‘‘(ii) not owned, leased, or controlled by the per- 16 son or the owner of the firearm or ammunition or 17 by any person who is a relative of, or is associated 18 with, the person or the owner.’’. 19 (c) CERTIFICATION OF SAFES AND SAFE STORAGE 20 FACILITIES.—Within 1 year after the date of the enact- 21 ment of this Act, the Attorney General shall provide for 22 the certification of safes and safe storage facilities for fire- 23 arms and ammunition. 24 VerDate Sep 11 2014 18:10 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H130.IH H130 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 130 IH (d) EFFECTIVE DATE.—The amendments made by 1 this section shall take effect 1 year after the date of the 2 enactment of this Act. 3 (e) INVESTIGATION OF REPORTS OF IMPROPER 4 STORAGE OF FIREARMS OR AMMUNITION.—Beginning 5 with the effective date of the amendments made by this 6 section, the Attorney General, through the Bureau of Al- 7 cohol, Tobacco, Firearms, and Explosives, shall investigate 8 all reports that a person is improperly storing a firearm 9 or ammunition. 10 Æ VerDate Sep 11 2014 18:10 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H130.IH H130 pamtmann on DSKBC07HB2PROD with BILLS