Local Public Health And Safety Protection Act

I 116TH CONGRESS 1ST SESSION H. R. 3435 To encourage States to allow local governments to implement laws to reduce gun violence, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 24, 2019 Mr. CLAY (for himself, Ms. KELLY of Illinois, Mrs. DEMINGS, Mr. RUSH, Mr. CARSON of Indiana, Ms. SCHAKOWSKY, and Ms. NORTON) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To encourage States to allow local governments to implement laws to reduce gun violence, and for other purposes. 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 ‘‘Local Public Health 4 And Safety Protection Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) When it comes to gun violence, local laws 8 serve the important purpose of addressing the 9 VerDate Sep 11 2014 23:21 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3435.IH H3435 kjohnson on DSK79L0C42 with BILLS 2 •HR 3435 IH unique issues and dangers facing each different com- 1 munity. 2 (2) Most State constitutions generally allocate 3 authority to local governments to regulate in the in- 4 terests of the public health, safety, and welfare. 5 States that have removed authority from local gov- 6 ernments to regulate guns and ammunition have cre- 7 ated a dangerous exception to the traditional rule of 8 local authority. 9 (3) Broad State preemption statutes ignore im- 10 portant local variations that may necessitate distinct 11 approaches to the problem of gun violence. State 12 preemption statutes threaten public safety because 13 they prevent local governments from implementing 14 customized solutions to gun violence in their commu- 15 nities. 16 (4) By mandating a one-size-fits-all approach to 17 firearms regulation, preemption statutes deprive the 18 public of a critical problem-solving resource—local 19 innovation. Local governments are often the source 20 of cutting-edge laws to reduce gun violence, which 21 are proven successful and later adopted at the state- 22 wide level. 23 (5) State preemption statutes impede local gov- 24 ernment’s ability to fill regulatory gaps created by 25 VerDate Sep 11 2014 23:21 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3435.IH H3435 kjohnson on DSK79L0C42 with BILLS 3 •HR 3435 IH inaction at the State and Federal level. Restrictions 1 on State and Federal resources also make an extra 2 level of local involvement necessary to properly en- 3 force many gun laws. For example, local law en- 4 forcement may provide much needed oversight of 5 gun businesses, which the Bureau of Alcohol, To- 6 bacco, Firearms & Explosives is too underfunded to 7 provide. 8 (6) States should not prohibit or restrict a local 9 government from imposing or implementing laws 10 that are more restrictive than the laws of the rel- 11 evant State with respect to— 12 (A) any background check requirement in 13 relation to any firearm transaction; 14 (B) the ability to carry a firearm in public 15 places or in locations owned or controlled by a 16 unit of local government; 17 (C) any requirement relating to the sale of 18 ammunition, such as a limitation on the 19 amount an individual is allowed to purchase at 20 one time; 21 (D) any additional requirements relating to 22 licensing or permitting the purchase of a fire- 23 arm; 24 VerDate Sep 11 2014 23:21 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3435.IH H3435 kjohnson on DSK79L0C42 with BILLS 4 •HR 3435 IH (E) any requirement that firearm owners 1 safely store their firearms, or prevent children 2 or any other unauthorized person from access- 3 ing their firearms; 4 (F) taxes on the sale of firearms and am- 5 munition, unless the State prohibits or restricts 6 local governments from imposing such taxes on 7 most other consumer products; 8 (G) the sale, transfer, or possession of spe- 9 cific types of unusually dangerous firearms and 10 accessories, such as assault weapons, bump 11 stocks, and high capacity magazines; 12 (H) the discharge of firearms in public 13 parks and other public places; 14 (I) zoning restrictions on gun dealers; and 15 (J) purchasing or obtaining a firearm on 16 behalf of a third party. 17 SEC. 3. GRANTS TO REDUCE GUN VIOLENCE THROUGH 18 LOCAL REGULATION. 19 (a) IN GENERAL.—The Attorney General may make 20 grants to States that meet the eligibility requirements of 21 subsection (b) for the purposes described in subsection 22 (c)(4). 23 (b) ELIGIBILITY.— 24 VerDate Sep 11 2014 23:21 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3435.IH H3435 kjohnson on DSK79L0C42 with BILLS 5 •HR 3435 IH (1) IN GENERAL.—To be eligible for a grant 1 under this section, a State may not through statute 2 or regulation prohibit or restrict a local government 3 from imposing laws that are more restrictive than 4 the laws of the relevant State with respect to— 5 (A) any background check requirement in 6 relation to any firearm transaction; 7 (B) the ability to carry a firearm in public 8 places or in locations owned or controlled by a 9 unit of local government; 10 (C) any requirement relating to the sale of 11 ammunition, such as a limitation on the 12 amount an individual is allowed to purchase at 13 one time; 14 (D) any additional requirements relating to 15 licensing or permitting the purchase of a fire- 16 arm; 17 (E) any requirement that firearm owners 18 safely store their firearms, or prevent children 19 or any other unauthorized person from access- 20 ing their firearms; 21 (F) taxes on the sale of firearms and am- 22 munition, unless the State prohibits or restricts 23 local governments from imposing such taxes on 24 most other consumer products; 25 VerDate Sep 11 2014 23:21 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3435.IH H3435 kjohnson on DSK79L0C42 with BILLS 6 •HR 3435 IH (G) the sale, transfer, or possession of spe- 1 cific types of unusually dangerous firearms and 2 accessories, such as assault weapons, bump 3 stocks, and high capacity magazines; 4 (H) the discharge of firearms in public 5 parks and other public places; 6 (I) zoning restrictions on gun dealers; and 7 (J) purchasing or obtaining a firearm on 8 behalf of a third party. 9 (2) APPLICATION.—To receive a grant under 10 this section, a State shall submit to the Attorney 11 General an application at such time, in such man- 12 ner, and containing such information as the Attor- 13 ney General may reasonably require. 14 (c) SUBGRANTS.— 15 (1) IN GENERAL.—A State that receives a 16 grant under this section shall use the grant to make 17 subgrants to any local government that has enacted 18 a law that is more restrictive than the laws of the 19 State with respect to at least 1 of the following: 20 (A) Any background check requirement in 21 relation to any firearm transaction. 22 (B) The ability to carry a firearm in public 23 places or in locations owned or controlled by a 24 unit of local government. 25 VerDate Sep 11 2014 23:21 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3435.IH H3435 kjohnson on DSK79L0C42 with BILLS 7 •HR 3435 IH (C) Any requirement relating to the sale of 1 ammunition, such as a limitation on the 2 amount an individual is allowed to purchase at 3 one time. 4 (D) Any additional requirements relating 5 to licensing or permitting the purchase of a 6 firearm. 7 (E) Any requirement that firearm owners 8 safely store their firearms, or prevent children 9 or any other unauthorized person from access- 10 ing their firearms. 11 (F) Taxes on the sale of firearms and am- 12 munition, unless the State prohibits or restricts 13 local governments from imposing such taxes on 14 most other consumer products. 15 (G) The sale, transfer, or possession of 16 specific types of unusually dangerous firearms 17 and accessories, such as assault weapons, bump 18 stocks, and high capacity magazines. 19 (H) The discharge of firearms in public 20 parks and other public places. 21 (I) Zoning restrictions on gun dealers. 22 (J) Purchasing or obtaining a firearm on 23 behalf of a third party. 24 VerDate Sep 11 2014 23:21 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3435.IH H3435 kjohnson on DSK79L0C42 with BILLS 8 •HR 3435 IH (2) ELIGIBILITY.—To be eligible for a subgrant 1 under this subsection, a local government shall sub- 2 mit to the State an application for the subgrant, at 3 such time, in such manner, and containing such in- 4 formation as the State may reasonably require. 5 (3) PREFERENCE IN AWARDS.—A State shall 6 give preference in the awarding of the subgrants to 7 local governments that have disproportionate levels 8 of gun violence or gun homicide. 9 (4) USE OF FUNDS.—A subgrantee under this 10 section shall use the subgrant to implement and en- 11 force any requirement referred to in paragraph (1), 12 including through the development of protocols, poli- 13 cies, procedures, or training for law enforcement, 14 and the development or use of technology by law en- 15 forcement, in connection with the implementation or 16 enforcement of any such requirement. 17 (d) ADMINISTRATION.—A State that receives a grant 18 under this section may use not more than 5 percent of 19 the grant for the administration of subgrants under sub- 20 section (c) . 21 Æ VerDate Sep 11 2014 23:21 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H3435.IH H3435 kjohnson on DSK79L0C42 with BILLS