MASS Act

I 116TH CONGRESS 1ST SESSION H. R. 3569 To provide grants to States to encourage the implementation and maintenance of firearms licensing requirements, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 27, 2019 Mr. KENNEDY (for himself and Ms. PRESSLEY) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide grants to States to encourage the implementation and maintenance of firearms licensing requirements, 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 ‘‘Making America Safe 4 and Secure Act of 2019’’ or the ‘‘MASS Act’’. 5 SEC. 2. FIREARMS LICENSING. 6 (a) IN GENERAL.—Title I of the Omnibus Crime 7 Control and Safe Streets Act of 1968 (34 U.S.C. 10101 8 et seq.) is amended by adding at the end the following: 9 VerDate Sep 11 2014 04:15 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3569 IH ‘‘PART OO—FIREARMS LICENSING 1 ‘‘SEC. 3051. DEFINITIONS. 2 ‘‘(a) IN GENERAL.—In this part— 3 ‘‘(1) the term ‘covered license’ means a— 4 ‘‘(A) firearms license; or 5 ‘‘(B) firearms dealer license; 6 ‘‘(2) the term ‘extreme risk protection order’ 7 means a written order, issued by a State court or 8 signed by a magistrate that, for a period not to ex- 9 ceed a time frame established by the State— 10 ‘‘(A) prohibits the individual named in the 11 order from having under the custody or control 12 of the individual, purchasing, possessing, or re- 13 ceiving a firearm or ammunition; and 14 ‘‘(B) requires that any firearm or ammuni- 15 tion under the custody or control of the indi- 16 vidual be removed; 17 ‘‘(3) the term ‘prohibited individual’ means an 18 individual who is categorically ineligible to receive a 19 covered license; 20 ‘‘(4) the term ‘suitable’ means that an indi- 21 vidual does not create a risk to public safety; and 22 ‘‘(5) the term ‘thorough background check’ 23 means a Federal and State background check, which 24 may include a fingerprint-based background check. 25 VerDate Sep 11 2014 04:15 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3569 IH ‘‘(b) PROHIBITED INDIVIDUALS.—For purposes of 1 this part, a State— 2 ‘‘(1) shall establish standards for categorizing 3 an individual as a prohibited individual for purposes 4 of receiving a covered license; and 5 ‘‘(2) in establishing standards with respect to a 6 covered license under paragraph (1), shall take into 7 consideration whether limitations may be warranted 8 based on— 9 ‘‘(A) criminal history; 10 ‘‘(B) whether an individual has been— 11 ‘‘(i) deemed a danger to himself or 12 herself or other individuals by a court or 13 authorized administrative body; or 14 ‘‘(ii) committed to a hospital or insti- 15 tution as a danger to himself or herself or 16 other individuals; 17 ‘‘(C) age; 18 ‘‘(D) legal residency; 19 ‘‘(E) military dishonorable discharges; 20 ‘‘(F) whether an individual is subject to a 21 permanent or temporary protection order; 22 ‘‘(G) outstanding arrest warrants; 23 ‘‘(H) status as a fugitive; 24 VerDate Sep 11 2014 04:15 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3569 IH ‘‘(I) renunciation of United States citizen- 1 ship; and 2 ‘‘(J) other factors relevant to the suit- 3 ability of a license holder. 4 ‘‘SEC. 3052. GRANTS AND CONDITIONS. 5 ‘‘(a) GRANTS AUTHORIZED.—The Assistant Attorney 6 General may make grants to States to implement or main- 7 tain firearms and firearms dealer licensing requirements. 8 ‘‘(b) DURATION OF GRANTS.—A grant under sub- 9 section (a) shall be for a period of 3 fiscal years. 10 ‘‘(c) USE OF FUNDS FOR FIREARMS AND FIREARMS 11 DEALER LICENSING.— 12 ‘‘(1) ACTIVITIES.—Amounts received under a 13 grant under subsection (a) shall be used for the im- 14 plementation or maintenance of firearms and fire- 15 arms dealer licensing requirements, which shall in- 16 corporate and implement the elements described in 17 paragraph (2). 18 ‘‘(2) ELEMENTS.—The elements described in 19 this paragraph are those providing that— 20 ‘‘(A) an individual shall have a firearms li- 21 cense— 22 ‘‘(i) at the time of the purchase, rent- 23 al, or lease of a firearm or purchase of am- 24 munition; and 25 VerDate Sep 11 2014 04:15 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3569 IH ‘‘(ii) during the entire period of own- 1 ership or possession of a firearm or ammu- 2 nition; 3 ‘‘(B)(i) an individual who (including the 4 owner or operator of a business that) sells, 5 rents, or leases a minimum number of firearms, 6 or sells ammunition, during a calendar year 7 shall obtain a firearms dealer license; and 8 ‘‘(ii) the State shall establish the minimum 9 number of firearms for purposes of clause (i), 10 which may not be higher than 10 per calendar 11 year; 12 ‘‘(C) the chief of police or the board or of- 13 ficer having control of the police department of 14 a local government, or a designee within the 15 same department, shall function as the licensing 16 authority; 17 ‘‘(D) for an application for issuance or re- 18 newal of a firearms license, the licensing au- 19 thority shall— 20 ‘‘(i) conduct a thorough background 21 check, which may include— 22 ‘‘(I) conducting an interview with 23 the applicant; 24 VerDate Sep 11 2014 04:15 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 3569 IH ‘‘(II) requiring the submission of 1 letters of reference stating that the 2 applicant is of sound mind and char- 3 acter; and 4 ‘‘(III) any other requirements the 5 State determines relevant; and 6 ‘‘(ii) make a determination of suit- 7 ability; 8 ‘‘(E) a first-time firearms license applicant 9 shall complete safety training; 10 ‘‘(F) for an application for issuance or re- 11 newal of a firearms dealer license, the licensing 12 authority shall conduct an investigation into the 13 criminal history of the applicant, which may in- 14 clude— 15 ‘‘(i) an interview with the applicant; 16 ‘‘(ii) a thorough background check; 17 and 18 ‘‘(iii) any other requirements the 19 State determines relevant; 20 ‘‘(G) the State shall establish appropriate 21 application processes for covered licenses con- 22 sistent with Federal, State, and local law; 23 ‘‘(H) the State shall establish standards 24 and processes by which licensing authorities can 25 VerDate Sep 11 2014 04:15 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 3569 IH revoke, suspend, or deny the issuance or re- 1 newal of a covered license; 2 ‘‘(I) the State shall ensure that a revoca- 3 tion, suspension, or denial cannot be based on 4 race, color, ethnicity, religion, sex, sexual ori- 5 entation, or gender identity; 6 ‘‘(J) the State shall establish judicial re- 7 view processes by which any applicant for or 8 holder of a covered license may, within a rea- 9 sonable time period, petition to obtain judicial 10 review of a revocation, suspension, or denial of 11 the issuance or renewal of a covered license; 12 ‘‘(K) the State shall establish— 13 ‘‘(i) standards and a process under 14 which a family member of an individual 15 who the family member fears is a danger 16 to himself, herself, or others may petition 17 for an extreme risk protection order; and 18 ‘‘(ii) standards for the termination or 19 extension of an order described in clause 20 (i); 21 ‘‘(L) the State shall establish processes 22 under which— 23 ‘‘(i) an individual whose covered li- 24 cense is revoked or suspended, or whose 25 VerDate Sep 11 2014 04:15 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 3569 IH application for issuance or renewal of a 1 covered license is denied, shall surrender or 2 transfer all firearms and ammunition that 3 are or would have been covered by the li- 4 cense; and 5 ‘‘(ii) an individual who is subject to 6 an extreme risk protection order shall sur- 7 render or transfer all firearms and ammu- 8 nition in the possession of the individual; 9 ‘‘(M) the State shall establish requirements 10 with which a firearms dealer licensee must com- 11 ply, which— 12 ‘‘(i) shall include requirements relat- 13 ing to— 14 ‘‘(I) the location at which the li- 15 censee conducts firearm or ammuni- 16 tion transactions; 17 ‘‘(II) the manner in which the li- 18 censee records firearm or ammunition 19 transactions; 20 ‘‘(III) background checks for em- 21 ployees of the licensee; and 22 ‘‘(IV) any other matter that the 23 State determines appropriate; and 24 VerDate Sep 11 2014 04:15 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 3569 IH ‘‘(ii) may include requirements that a 1 licensee— 2 ‘‘(I) maintain a permanent place 3 of business— 4 ‘‘(aa) that is not a resi- 5 dence; and 6 ‘‘(bb) at which the licensee 7 conducts all firearms or ammuni- 8 tion transactions; 9 ‘‘(II) submit to mandatory record 10 and inventory inspections by a licens- 11 ing authority; 12 ‘‘(III) maintain a sales record 13 book at the permanent place of busi- 14 ness described in subclause (I) in ac- 15 cordance with standards established 16 by the State; 17 ‘‘(IV) conduct a pre-employment 18 background check on each potential 19 employee to determine the suitability 20 of any potential employee who may 21 have direct and unmonitored contact 22 with a firearm or ammunition; and 23 ‘‘(V) take any other action that 24 the State determines appropriate; 25 VerDate Sep 11 2014 04:15 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 3569 IH ‘‘(N) the State shall promulgate rules and 1 regulations to ensure the prompt collection, ex- 2 change, dissemination, and distribution of infor- 3 mation pertaining to the issuance, renewal, ex- 4 piration, suspension, or revocation of a covered 5 license; 6 ‘‘(O) the State shall establish standards 7 that are consistent with Federal and State 8 law— 9 ‘‘(i) governing the transfer of a fire- 10 arm or ammunition; and 11 ‘‘(ii) for identifying a prohibited indi- 12 vidual, in accordance with section 3051(b); 13 ‘‘(P) the State shall promulgate rules and 14 regulations that require a dealer or private sell- 15 er of firearms or ammunition to verify the va- 16 lidity of a firearms license before the sale, rent- 17 al, or lease of any firearm or the sale of any 18 ammunition; 19 ‘‘(Q) a dealer or private seller of firearms 20 or ammunition shall report all sales, rentals, 21 and leases of firearms, and sales of ammuni- 22 tion, to State authorities; 23 ‘‘(R) a dealer of firearms or ammunition 24 shall notify the licensing authority when pre- 25 VerDate Sep 11 2014 04:15 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 3569 IH sented with an invalid or expired firearms li- 1 cense; 2 ‘‘(S) any firearms licensee whose firearm 3 or ammunition is lost or stolen shall report the 4 loss or theft to the licensing authority and 5 State authorities within a reasonable time 6 frame and in a manner established by the 7 State; 8 ‘‘(T) an individual holding a firearms li- 9 cense or firearms dealer license shall renew the 10 license on a time frame established by the 11 State; 12 ‘‘(U) an individual may not use the fire- 13 arms license of the individual to purchase a 14 firearm or ammunition for— 15 ‘‘(i) the unlawful use of the firearm or 16 ammunition by another individual; or 17 ‘‘(ii) the resale or other transfer of 18 the firearm or ammunition to an unli- 19 censed individual; and 20 ‘‘(V)(i) it shall be unlawful to store or keep 21 a firearm in any place unless the firearm is se- 22 cured in a locked container or equipped with a 23 tamper-resistant mechanical lock or other safety 24 device, properly engaged so as to render the 25 VerDate Sep 11 2014 04:15 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 3569 IH firearm inoperable by any individual other than 1 the owner or other lawfully authorized user; and 2 ‘‘(ii) for purposes of clause (i), a firearm 3 shall not be considered to be stored or kept if 4 carried by or under the control of the owner or 5 other lawfully authorized user. 6 ‘‘(3) SEPARATE AMMUNITION DEALER LICENSE 7 PERMITTED.—A State that requires a license for 8 dealing ammunition that is separate from a license 9 for dealing firearms shall be deemed to have satis- 10 fied the requirements under paragraph (2) relating 11 to a firearms dealer license, as that license relates 12 to the dealing of ammunition, if the State imposes 13 the same requirements for an ammunition dealer li- 14 cense as are mandated under paragraph (2) for a 15 firearms dealer license, as that license relates to the 16 dealing of ammunition. 17 ‘‘(d) APPLICATION.—To be eligible to receive a grant 18 under subsection (a), a State shall submit to the Assistant 19 Attorney General an application at such time, in such 20 manner, and containing such information as the Assistant 21 Attorney General may require, including a description of 22 how the State will use the grant to implement or maintain 23 firearms and firearms dealer licensing requirements that 24 include the elements described in subsection (c)(2). 25 VerDate Sep 11 2014 04:15 Jul 11, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569 pamtmann on DSKBFK8HB2PROD with BILLS 13 •HR 3569 IH ‘‘(e) ANNUAL REPORT.—Each State receiving a 1 grant under this section shall submit to the Assistant At- 2 torney General, for each fiscal year during which the State 3 expends amounts received under the grant, a report, at 4 such time and in such manner as the Assistant Attorney 5 General may reasonably require, that contains— 6 ‘‘(1) a summary of the activities carried out 7 using amounts made available under the grant; 8 ‘‘(2) an assessment of whether the activities are 9 achieving the elements described in subsection 10 (c)(2); and 11 ‘‘(3) such other information as the Assistant 12 Attorney General may require. 13 ‘‘(f) LIMITATIONS ON THE ALLOCATION OF 14 FUNDS.—Not more than 2 percent of the amount made 15 available to carry out this section i [Text truncated for display. 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