Handgun Trigger Safety Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1008 To provide for the development and use of technology for personalized hand- guns, to require that all handguns manufactured or sold in, or imported into, the United States incorporate such technology, and for other pur- poses. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 11, 2021 Mrs. CAROLYN B. MALONEY of New York (for herself and Mr. CARSON) intro- duced the following bill; which was referred to the Committee on the Ju- diciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To provide for the development and use of technology for personalized handguns, to require that all handguns manufactured or sold in, or imported into, the United States incorporate such technology, and for other pur- poses. 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 ‘‘Handgun Trigger 4 Safety Act of 2021’’. 5 VerDate Sep 11 2014 23:14 Mar 08, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1008.IH H1008 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1008 IH SEC. 2. FINDINGS. 1 Congress finds as follows: 2 (1) It is in the interest of the United States to 3 protect its citizens from handgun violence and acci- 4 dental firearm deaths. 5 (2) Personalizing handguns would prevent un- 6 authorized users, whether children, criminals, or oth- 7 ers, from misusing the weapons. 8 (3) Personalizing handguns would allow author- 9 ized users to continue to lawfully own and use their 10 handguns more safely. 11 (4) From 2011 to 2015, according to the Cen- 12 ters for Disease Control, an average of 544 Ameri- 13 cans died in firearm accidents each year. 14 (5) According to research from Everytown for 15 Gun Safety, an unintentional shooting involving a 16 child happens every 34 hours in the United States. 17 (6) According to the National Crime Victimiza- 18 tion Survey, almost 350,000 incidents of firearm 19 theft from private citizens occur each year. 20 (7) According to the Federal Bureau of Inves- 21 tigation, 24 law enforcement officers were killed with 22 their own weapon between 2006 and 2015. 23 (8) According to the Federal Bureau of Inves- 24 tigation, almost half of all murders in the United 25 States in 2015 were committed with handguns. 26 VerDate Sep 11 2014 23:14 Mar 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1008.IH H1008 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1008 IH TITLE I—TECHNOLOGY FOR 1 PERSONALIZED HANDGUNS 2 GRANTS 3 SEC. 101. DEFINITIONS. 4 In this title: 5 (1) AUTHORIZED USER.—The term ‘‘authorized 6 user’’, with respect to a firearm, means— 7 (A) the lawful owner of the firearm; and 8 (B) any individual who is— 9 (i) authorized by the lawful owner of 10 the firearm to use the firearm; and 11 (ii) authorized, under the law of the 12 State where the firearm is being used, to 13 own, carry, or use a firearm in the State. 14 (2) HANDGUN.—The term ‘‘handgun’’ has the 15 meaning given the term in section 921(a)(29) of title 16 18, United States Code. 17 (3) PERSONALIZED HANDGUN.—The term ‘‘per- 18 sonalized handgun’’ means a handgun that— 19 (A) enables only an authorized user of the 20 handgun to fire the handgun; and 21 (B) is manufactured in such a manner 22 that the firing restriction described in subpara- 23 graph (A)— 24 VerDate Sep 11 2014 23:14 Mar 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1008.IH H1008 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1008 IH (i) is incorporated into the design of 1 the handgun; 2 (ii) is not sold as an accessory; and 3 (iii) cannot be readily removed or de- 4 activated. 5 (4) QUALIFIED ENTITY.—The term ‘‘qualified 6 entity’’ means— 7 (A) a State or unit of local government; 8 (B) a nonprofit or for-profit organization; 9 or 10 (C) an institution of higher education (as 11 defined in section 101 of the Higher Education 12 Act of 1965 (20 U.S.C. 1001)). 13 (5) RETROFITTED PERSONALIZED HANDGUN.— 14 The term ‘‘retrofitted personalized handgun’’ means 15 a handgun fitted with a device that— 16 (A) enables only an authorized user of the 17 handgun to fire the handgun; and 18 (B) cannot be readily removed or deacti- 19 vated. 20 SEC. 102. AUTHORIZATION. 21 The Attorney General, acting through the Director 22 of the National Institute of Justice (referred to in this 23 title as the ‘‘Director’’), shall make grants to qualified en- 24 tities to develop technology for personalized handguns. 25 VerDate Sep 11 2014 23:14 Mar 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1008.IH H1008 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1008 IH SEC. 103. APPLICATIONS. 1 A qualified entity seeking a grant under this title 2 shall submit to the Director an application at such time, 3 in such manner, and containing such information as the 4 Director may reasonably require. 5 SEC. 104. USES OF FUNDS. 6 A qualified entity that receives a grant under this 7 title— 8 (1) shall use not less than 70 percent of the 9 amount of the grant to develop technology for per- 10 sonalized handguns; 11 (2) may use not more than 20 percent of the 12 amount of the grant to develop technology for retro- 13 fitted personalized handguns; and 14 (3) may use not more than 10 percent of the 15 amount of the grant for administrative costs associ- 16 ated with the development of technology funded 17 under this title. 18 SEC. 105. TERM; RENEWAL. 19 (a) TERM.—A grant awarded under this title shall 20 be for a term of 1 year. 21 (b) RENEWAL.—A qualified entity receiving a grant 22 under this title may renew the grant by submitting to the 23 Director an application for renewal at such time, in such 24 manner, and containing such information as the Director 25 may reasonably require. 26 VerDate Sep 11 2014 23:14 Mar 08, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1008.IH H1008 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1008 IH SEC. 106. REPORTS. 1 (a) REPORTS TO DIRECTOR.—A qualified entity re- 2 ceiving a grant under this title shall submit to the Director 3 such reports, at such time, in such manner, and con- 4 taining such information as the Director may reasonably 5 require. 6 (b) REPORTS TO CONGRESS.—Each year, the Direc- 7 tor shall submit to Congress a report that contains a sum- 8 mary of the information submitted to the Director under 9 subsection (a) during the previous year. 10 SEC. 107. REGULATIONS. 11 The Director may promulgate such guidelines, rules, 12 regulations, and procedures as may be necessary to carry 13 out this title. 14 SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 15 There is authorized to be appropriated to carry out 16 this title $2,000,000 for each of the first 2 fiscal years 17 beginning after the date of the enactment of this Act. 18 TITLE II—CONSUMER PRODUCT 19 SAFETY COMMISSION SAFETY 20 STANDARD 21 SEC. 201. DEFINITIONS. 22 In this title: 23 (1) ANTIQUE FIREARM; FIREARM; HANDGUN.— 24 The terms ‘‘antique firearm’’, ‘‘firearm’’, and ‘‘hand- 25 VerDate Sep 11 2014 23:14 Mar 08, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1008.IH H1008 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1008 IH gun’’ have the meaning given those terms in section 1 921 of title 18, United States Code. 2 (2) AUTHORIZED USER.—The term ‘‘authorized 3 user’’, with respect to a firearm, means— 4 (A) the lawful owner of the firearm; and 5 (B) any individual who is— 6 (i) authorized by the lawful owner of 7 the firearm to use the firearm; and 8 (ii) authorized, under the law of the 9 State where the firearm is being used, to 10 own, carry, or use a firearm in the State. 11 (3) COMMISSION.—The term ‘‘Commission’’ 12 means the Consumer Product Safety Commission. 13 (4) CONSUMER PRODUCT SAFETY RULE.—The 14 term ‘‘consumer product safety rule’’ has the mean- 15 ing given the term in section 3(a) of the Consumer 16 Product Safety Act (15 U.S.C. 2052(a)). 17 (5) MANUFACTURED AND MANUFACTURER.— 18 The terms ‘‘manufactured’’ and ‘‘manufacturer’’ 19 have the meaning given those terms in section 3(a) 20 of the Consumer Product Safety Act (15 U.S.C. 21 2052(a)). 22 (6) PERSONALIZED HANDGUN.—The term ‘‘per- 23 sonalized handgun’’ means a handgun that— 24 VerDate Sep 11 2014 23:14 Mar 08, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1008.IH H1008 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1008 IH (A) enables only an authorized user of a 1 handgun to fire the handgun; and 2 (B) is manufactured in such a manner 3 that the firing restriction described in subpara- 4 graph (A)— 5 (i) is incorporated into the design of 6 the handgun; 7 (ii) is not sold as an accessory; and 8 (iii) cannot be readily removed or de- 9 activated. 10 (7) RETROFITTED PERSONALIZED HANDGUN.— 11 The term ‘‘retrofitted personalized handgun’’ means 12 a handgun fitted with a device that— 13 (A) enables only an authorized user of a 14 handgun to fire the handgun; and 15 (B) cannot be readily removed or deacti- 16 vated. 17 (8) STATE AND UNITED STATES.—The terms 18 ‘‘State’’ and ‘‘United States’’ have the meaning 19 given those terms in section 3(a) of the Consumer 20 Product Safety Act (15 U.S.C. 2052(a)). 21 (9) TO DISTRIBUTE IN COMMERCE AND DIS- 22 TRIBUTION IN COMMERCE.—The terms ‘‘to dis- 23 tribute in commerce’’ and ‘‘distribution in com- 24 merce’’ have the meaning given those terms in sec- 25 VerDate Sep 11 2014 23:14 Mar 08, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1008.IH H1008 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1008 IH tion 3(a) of the Consumer Product Safety Act (15 1 U.S.C. 2052(a)). 2 SEC. 202. PROHIBITION ON MANUFACTURING AND DIS- 3 TRIBUTION OF HANDGUNS THAT ARE NOT 4 PERSONALIZED HANDGUNS. 5 (a) PROHIBITION.— 6 (1) MANUFACTURING.—Beginning on the date 7 that is 5 years after the date of enactment of this 8 Act, no person may manufacture in the United 9 States a handgun that is not a personalized hand- 10 gun. 11 (2) DISTRIBUTION IN COMMERCE.—Beginning 12 on the date that is 10 years after the date of enact- 13 ment of this Act, no person may distribute in com- 14 merce any handgun that is not a personalized hand- 15 gun or a retrofitted personalized handgun. 16 (3) EXEMPTIONS FOR ANTIQUE FIREARMS AND 17 MILITARY FIREARMS.—Paragraphs (1) and (2) shall 18 not apply to— 19 (A) an antique firearm; 20 (B) the manufacture of a firearm that is 21 sold to the Department of Defense; or 22 (C) the sale or distribution of a firearm to 23 the Department of Defense. 24 VerDate Sep 11 2014 23:14 Mar 08, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1008.IH H1008 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1008 IH (b) ENFORCEMENT BY CONSUMER PRODUCT SAFETY 1 COMMISSION.— 2 (1) TREATMENT OF VIOLATION.—Notwith- 3 standing section 3(a)(5)(E) of the Consumer Prod- 4 uct Safety Act (15 U.S.C. 2052(a)(5)(E)), a viola- 5 tion of subsection (a) or any rule promulgated by 6 the Commission pursuant to paragraph (4) shall be 7 treated as a violation of section 19(a)(1) of the Con- 8 sumer Product Safety Act (15 U.S.C. 2068(a)(1)). 9 (2) TREATMENT AS CONSUMER PRODUCT SAFE- 10 TY STANDARDS.—Notwithstanding section 11 3(a)(5)(E) of the Consumer Product Safety Act (15 12 U.S.C. 2052(a)(5)(E)), subsection (a) and any rule 13 promulgated pursuant to paragraph (4) shall be con- 14 sidered consumer product safety rules. 15 (3) POWERS OF COMMISSION.— 16 (A) IN GENERAL.—The Commission shall 17 enforce this section in the same manner, by the 18 same means, and with the same jurisdiction, 19 powers, and duties as though all applicable 20 terms and provisions of the Consumer Product 21 Safety Act (15 U.S.C. 2051 et seq.) were incor- 22 porated into and made a part of this section. 23 (B) PRIVILEGES AND IMMUNITIES.—Any 24 person who violates this section shall be subject 25 VerDate Sep 11 2014 23:14 Mar 08, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1008.IH H1008 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1008 IH to the penalties and entitled to the privileges 1 and immunities provided in the Consumer 2 Product Safety Act (15 U.S.C. 2051 et seq.). 3 (4) REGULATIONS.—The Commission, in con- 4 sultation with the Attorney General and the Director 5 of the National Institute of Justice, may promulgate 6 such rules as the Commission considers appropriate 7 to carry out this section. 8 (c) ENFORCEMENT BY STATES.— 9 (1) IN GENERAL.—In any case in which the at- 10 torney general of a State has reason to believe that 11 an interest of the residents of the State has been or 12 is threatened or adversely affected by the engage- 13 ment of any person in a practice that violates sub- 14 section (a), the attorney general of the State may, 15 as parens patriae, bring a civil action on behalf of 16 the residents of the State in an appropriate district 17 court of the United States— 18 (A) to enjoin further violation of such sub- 19 section by such person; 20 (B) to compel compliance with such sub- 21 section; 22 (C) to obtain damages, restitution, or other 23 compensation on behalf of such residents; or 24 VerDate Sep 11 2014 23:14 Mar 08, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1008.IH H1008 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 1008 IH (D) to such civil penalties and other relief 1 as the court considers appropriate. 2 (2) RIGHTS OF CONSUMER PRODUCT SAFETY 3 COMMISSION.— 4 (A) NOTICE TO CONSUMER PRODUCT 5 SAFETY COMMISSION.— 6 (i) IN GENERAL.—Except as provided 7 in clause (iii), the attorney general of a 8 State shall notify the Commission in writ- 9 ing that the attorney general intends to 10 bring a civil action under paragraph (1) 11 not later than 10 days before initiating the 12 civil action. 13 (ii) CONTENTS.—The notification re- 14 quired by clause (i) with respect to a civil 15 action shall include a copy of the complaint 16 to be filed to initiate the civil action. 17 (iii) EXCEPTION.—If it is not feasible 18 for the attorney general of a State to pro- 19 vide the notification required by clause (i) 20 before initiating a civil action under para- 21 graph (1), the attorney general shall notify 22 the Commission immediately upon insti- 23 tuting the civil action. 24 VerDate Sep 11 2014 23:14 Mar 08, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1008.IH H1008 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 1008 IH (B) INTERVENTION BY CONSUMER PROD- 1 UCT SAFETY COMMISSION.—The Commission 2 may— 3 (i) intervene in any civil action 4 brought by the attorney g [Text truncated for display. Full text available on Congress.gov.]