Sabika Sheikh Firearm Licensing and Registration Act

I 116TH CONGRESS 1ST SESSION H. R. 4081 To provide for the licensing of firearm and ammunition possession and the registration of firearms, and to prohibit the possession of certain ammunition. IN THE HOUSE OF REPRESENTATIVES JULY 26, 2019 Ms. JACKSON LEE introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for the licensing of firearm and ammunition pos- session and the registration of firearms, and to prohibit the possession of certain 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 ‘‘Sabika Sheikh Firearm 4 Licensing and Registration Act’’. 5 SEC. 2. LICENSING OF FIREARM AND AMMUNITION POSSES- 6 SION; REGISTRATION OF FIREARMS. 7 (a) FIREARM LICENSING AND REGISTRATION SYS- 8 TEM.— 9 VerDate Sep 11 2014 00:02 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4081.IH H4081 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 4081 IH (1) IN GENERAL.—Chapter 44 of title 18, 1 United States Code, is amended by adding at the 2 end the following: 3 ‘‘§ 932. Licensing of firearm and ammunition posses- 4 sion; registration of firearms 5 ‘‘(a) IN GENERAL.—The Attorney General, through 6 the Bureau of Alcohol, Tobacco, Firearms and Explosives, 7 shall establish a system for licensing the possession of fire- 8 arms or ammunition in the United States, and for the reg- 9 istration with the Bureau of each firearm present in the 10 United States. 11 ‘‘(b) FIREARM REGISTRATION SYSTEM.— 12 ‘‘(1) REQUIRED INFORMATION.—Under the 13 firearm registration system, the owner of a firearm 14 shall transmit to the Bureau— 15 ‘‘(A) the make, model, and serial number 16 of the firearm, the identity of the owner of the 17 firearm, the date the firearm was acquired by 18 the owner, and where the firearm is or will be 19 stored; and 20 ‘‘(B) a notice specifying the identity of any 21 person to whom, and any period of time during 22 which, the firearm will be loaned to the person. 23 VerDate Sep 11 2014 00:02 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4081.IH H4081 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 4081 IH ‘‘(2) DEADLINE FOR SUPPLYING INFORMA- 1 TION.—The transmission required by paragraph (1) 2 shall be made— 3 ‘‘(A) in the case of a firearm acquired be- 4 fore the effective date of this section, within 3 5 months after the effective date of this section; 6 or 7 ‘‘(B) in the case of a firearm acquired on 8 or after the effective date, on the date the 9 owner acquires the firearm. 10 ‘‘(3) DATABASE.— 11 ‘‘(A) IN GENERAL.—The Attorney General 12 shall establish and maintain a database of all 13 firearms registered pursuant to this subsection. 14 ‘‘(B) ACCESS.—The Attorney General shall 15 make the contents of the database accessible to 16 all members of the public, all Federal, State, 17 and local law enforcement authorities, all 18 branches of the United States Armed Forces, 19 and all State and local governments, as defined 20 by the Bureau. 21 ‘‘(c) LICENSING SYSTEM.— 22 ‘‘(1) REQUIREMENTS.— 23 ‘‘(A) GENERAL LICENSE.—Except as oth- 24 erwise provided in this subsection, the Attorney 25 VerDate Sep 11 2014 00:02 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4081.IH H4081 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 4081 IH General shall issue to an individual a license to 1 possess a firearm and ammunition if the indi- 2 vidual— 3 ‘‘(i) has attained 21 years of age; 4 ‘‘(ii) after applying for the license— 5 ‘‘(I) undergoes a criminal back- 6 ground check conducted by the na- 7 tional instant criminal background 8 check system established under sec- 9 tion 103 of the Brady Handgun Vio- 10 lence Prevention Act, and the check 11 does not indicate that possession of a 12 firearm by the individual would violate 13 subsection (g) or (n) of section 922 or 14 State law; 15 ‘‘(II) undergoes a psychological 16 evaluation conducted in accordance 17 with paragraph (2), and the evalua- 18 tion does not indicate that the indi- 19 vidual is psychologically unsuited to 20 possess a firearm; and 21 ‘‘(III) successfully completes a 22 training course, certified by the Attor- 23 ney General, in the use, safety, and 24 VerDate Sep 11 2014 00:02 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4081.IH H4081 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 4081 IH storage of firearms, that includes at 1 least 24 hours of training; and 2 ‘‘(iii) demonstrates that, on issuance 3 of the license, the individual will have in 4 effect an insurance policy issued under 5 subsection (d). 6 ‘‘(B) ANTIQUE FIREARM DISPLAY LI- 7 CENSE.—The Attorney General shall issue to 8 an individual a license to display an antique 9 firearm in a residence of the individual if the 10 individual— 11 ‘‘(i) is the holder of a license issued 12 under subparagraph (A); 13 ‘‘(ii) supplies proof that the individual 14 owns an antique firearm; 15 ‘‘(iii) describes the manner in which 16 the firearm will be displayed in accordance 17 with regulations prescribed by the Attorney 18 General, and certifies that the firearm will 19 be so displayed; and 20 ‘‘(iv) demonstrates that the individual 21 has provided for storage of the firearm in 22 a safe or facility approved by the Attorney 23 General for the storage of firearms. 24 VerDate Sep 11 2014 00:02 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4081.IH H4081 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 4081 IH ‘‘(C) MILITARY-STYLE WEAPONS LI- 1 CENSE.—The Attorney General shall issue to 2 an individual a license to own and possess a 3 military-style weapon if the individual— 4 ‘‘(i) is the holder of a license issued 5 under subparagraph (A); and 6 ‘‘(ii) after applying for a license under 7 this subparagraph, successfully completes a 8 training course, certified by the Attorney 9 General, in the use, safety, and storage of 10 the weapon, that includes at least 24 hours 11 of training and live fire training. 12 ‘‘(2) PSYCHOLOGICAL EVALUATION.—A psycho- 13 logical evaluation is conducted in accordance with 14 this paragraph if— 15 ‘‘(A) the evaluation is conducted in compli- 16 ance with such standards as shall be established 17 by the Attorney General; 18 ‘‘(B) the evaluation is conducted by a li- 19 censed psychologist approved by the Attorney 20 General; 21 ‘‘(C) as deemed necessary by the licensed 22 psychologist involved, the evaluation included a 23 psychological evaluation of other members of 24 VerDate Sep 11 2014 00:02 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4081.IH H4081 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 4081 IH the household in which the individual resides; 1 and 2 ‘‘(D) as part of the psychological evalua- 3 tion, the licensed psychologist interviewed any 4 spouse of the individual, any former spouse of 5 the individual, and at least 2 other persons who 6 are a member of the family of, or an associate 7 of, the individual to further determine the state 8 of the mental, emotional, and relational stability 9 of the individual in relation to firearms. 10 ‘‘(3) DENIAL OF LICENSE.— 11 ‘‘(A) REQUIRED.—The Attorney General 12 shall deny such a license to an individual if— 13 ‘‘(i) the individual is prohibited by 14 Federal law from possessing a firearm; or 15 ‘‘(ii) the individual has been hospital- 16 ized— 17 ‘‘(I) with a mental illness, dis- 18 turbance, or diagnosis (including de- 19 pression, homicidal ideation, suicidal 20 ideation, attempted suicide, or addic- 21 tion to a controlled substance (within 22 the meaning of the Controlled Sub- 23 stances Act) or alcohol), or a brain 24 VerDate Sep 11 2014 00:02 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4081.IH H4081 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 4081 IH disease (including dementia or Alz- 1 heimer’s); or 2 ‘‘(II) on account of conduct that 3 endangers self or others. 4 ‘‘(B) AUTHORIZED.—The Attorney Gen- 5 eral may deny such a license to an individual 6 if— 7 ‘‘(i) the psychological evaluation re- 8 ferred to in paragraph (2) indicates that 9 the individual— 10 ‘‘(I) has a chronic mental illness 11 or disturbance, or a brain disease, re- 12 ferred to in subparagraph (A)(ii)(I); 13 ‘‘(II) is addicted to a controlled 14 substance (within the meaning of the 15 Controlled Substances Act) or alcohol; 16 or 17 ‘‘(III) has attempted to commit 18 suicide; or 19 ‘‘(ii) prior psychological treatment or 20 evaluation of the individual indicated that 21 the individual engaged in conduct that 22 posed a danger to self or others. 23 ‘‘(4) SUSPENSION OF LICENSE.— 24 VerDate Sep 11 2014 00:02 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4081.IH H4081 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 4081 IH ‘‘(A) IN GENERAL.—A license issued under 1 this subsection to an individual who is under in- 2 dictment for a crime punishable by imprison- 3 ment for a term exceeding 1 year is hereby sus- 4 pended. 5 ‘‘(B) AUTHORIZED FOR LACK OF FIREARM 6 INSURANCE.—The Attorney General may sus- 7 pend a license issued under this subsection to 8 an individual who has violated section 922(dd) 9 in the most recent 12-month period. 10 ‘‘(5) REVOCATION OF LICENSE.—A license 11 issued under this subsection to an individual who is 12 or becomes prohibited by Federal or State law from 13 possessing a firearm is hereby revoked. Such an in- 14 dividual shall immediately return the license, and 15 surrender all firearms and ammunition owned or 16 possessed by the individual, to the Attorney General. 17 ‘‘(6) EXPIRATION OF LICENSE.—A license 18 issued to an individual under this subsection shall 19 expire— 20 ‘‘(A) in the case of a license that has been 21 in effect for less than 5 years, 1 year after 22 issuance or renewal, as the case may be; or 23 VerDate Sep 11 2014 00:02 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4081.IH H4081 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 4081 IH ‘‘(B) in the case of a license that has been 1 in effect for at least 5 years, 3 years after the 2 most recent date the license is renewed. 3 ‘‘(7) RENEWAL OF LICENSE.—The Attorney 4 General shall renew a license issued to an individual 5 under this subsection if the individual— 6 ‘‘(A) requests the renewal by the end of 7 the 60-day period that begins with the date the 8 license expires; 9 ‘‘(B) in the 3-year period ending with the 10 date the renewal is requested— 11 ‘‘(i) has met the requirement of para- 12 graph (1)(A)(ii)(II); and 13 ‘‘(ii) has successfully completed a 14 training course, certified by the Attorney 15 General, in the use, safety, and storage of 16 firearms, that includes at least 8 hours of 17 training; 18 ‘‘(C) meets the requirement of paragraph 19 (1)(A)(iii); and 20 ‘‘(D) in the case of a license issued under 21 paragraph (1)(C), in the 2-year period ending 22 with the date the renewal is requested, has suc- 23 cessfully completed a training course, certified 24 by the Attorney General, that includes at least 25 VerDate Sep 11 2014 00:02 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4081.IH H4081 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 4081 IH 8 hours of training in the use of the weapon 1 subject to the license. 2 ‘‘(d) FIREARM INSURANCE.— 3 ‘‘(1) IN GENERAL.—The Attorney General shall 4 issue to any person who has applied for a license 5 pursuant to subsection (c) and has paid to the At- 6 torney General the fee specified in paragraph (2) of 7 this subsection a policy that insures the person 8 against liability for losses and damages resulting 9 from the use of any firearm by the person during 10 the 1-year period that begins with the date the pol- 11 icy is issued. 12 ‘‘(2) FEE.—The fee specified in this paragraph 13 is $800.’’. 14 (2) MILITARY-STYLE WEAPON DEFINED.—Sec- 15 tion 921(a) of such title is amended by inserting 16 after paragraph (29) the following: 17 ‘‘(30) The term ‘military-style weapon’ means— 18 ‘‘(A) any of the firearms, or copies or duplicates 19 of the firearms in any caliber, known as— 20 ‘‘(i) Norinco, Mitchell, and Poly Tech- 21 nologies Avtomat Kalashnikovs (all models); 22 ‘‘(ii) Action Arms Israeli Military Indus- 23 tries UZI and Galil; 24 ‘‘(iii) Beretta Ar70 (SC–70); 25 VerDate Sep 11 2014 00:02 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4081.IH H4081 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 4081 IH ‘‘(iv) Colt AR–15; 1 ‘‘(v) Fabrique National FN/FAL, FN/ 2 LAR, and FNC; 3 ‘‘(vi) SWD M–10, M–11, M–11/9, and M– 4 12; 5 ‘‘(vii) Steyr AUG; 6 ‘‘(viii) INTRATEC TEC–9, TEC–DC9 7 and TEC–22; and 8 ‘‘(ix) revolving cylinder shotguns, such as 9 (or similar to) the Street Sweeper and Striker 10 12; 11 ‘‘(B) a semiautomatic rifle that has an ability 12 to accept a detachable magazine and has at least 2 13 of— 14 ‘‘(i) a folding or telescoping stock; 15 ‘‘(ii) a pistol grip that protrudes conspicu- 16 ously beneath the action of the weapon; 17 ‘‘(iii) a bayonet mount; 18 ‘‘(iv) a flash suppressor or threaded barrel 19 designed to accommodate a flash suppressor; 20 and 21 ‘‘(v) a grenade launcher; 22 ‘‘(C) a semiautomatic pistol that has an ability 23 to accept a detachable magazine and has at least 2 24 of— 25 VerDate Sep 11 2014 00:02 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4081.IH H4081 pamtmann on DSKBFK8HB2PROD with BILLS 13 •HR 4081 IH ‘‘(i) an ammunition magazine that attaches 1 to the pistol outside of the pistol grip; 2 ‘‘(ii) a threaded barrel capable of accepting 3 a barrel extender, flash suppressor, forward 4 handgrip, or silencer; 5 ‘‘(iii) a shroud that is attached to, or par- 6 tially or completely encircles, the barrel and 7 that permits the shooter to hold the firearm 8 with the nontrigger hand without being burned; 9 ‘‘(iv) a manufactured weight of 50 ounces 10 or more when the pistol is unloaded; and 11 ‘‘(v) a semiautomatic version of an auto- 12 matic firearm; and 13 ‘‘(D) a semiautomatic shotgun that has at least 14 2 of— 15 ‘‘(i) a folding or telescoping stock; 16 ‘‘(ii) a pistol grip that protrudes conspicu- 17 ously beneath the action of the weapon; 18 ‘‘(iii) a fixed magazine capacity in excess 19 of 5 rounds; and 20 ‘‘(iv) an ability to accept a detachable 21 magazine.’’. 22 (3) CLERICAL AMENDMENT.—The table of sec- 23 tions for such chapter is amended by adding at the 24 end the following: 25 VerDate Sep 11 2014 00:02 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4081.IH H4081 pamtmann on DSKBFK8HB2PROD with BILLS 14 •HR 4081 IH ‘‘932. Licens [Text truncated for display. Full text available on Congress.gov.]