Safe Gun Storage Act of 2019

II 116TH CONGRESS 1ST SESSION S. 3065 To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish consumer product safety standards for firearm locks and firearm safes, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 17, 2019 Mr. BLUMENTHAL (for himself, Mr. WYDEN, Mr. DURBIN, Mr. MARKEY, Mr. MENENDEZ, Mr. CASEY, Mrs. GILLIBRAND, Mr. BOOKER, Mr. VAN HOL- LEN, Mr. BROWN, Mr. COONS, Ms. KLOBUCHAR, Ms. HARRIS, Mr. UDALL, Ms. DUCKWORTH, Mrs. MURRAY, Ms. BALDWIN, Mr. REED, Mr. CARPER, Ms. WARREN, and Mr. MURPHY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish con- sumer product safety standards for firearm locks and firearm safes, 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 ‘‘Safe Gun Storage Act 4 of 2019’’. 5 VerDate Sep 11 2014 00:45 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3065.IS S3065 kjohnson on DSK79L0C42 with BILLS 2 •S 3065 IS SEC. 2. CONSUMER PRODUCT SAFETY STANDARDS FOR 1 FIREARM LOCKS AND FIREARM SAFES. 2 (a) IN GENERAL.—The Consumer Product Safety 3 Act (15 U.S.C. 2051 et seq.) is amended by adding at 4 the end the following: 5 ‘‘SEC. 43. CONSUMER PRODUCT SAFETY STANDARDS FOR 6 FIREARM LOCKS AND FIREARM SAFES. 7 ‘‘(a) ESTABLISHMENT OF STANDARDS.— 8 ‘‘(1) RULEMAKING REQUIRED.— 9 ‘‘(A) RULEMAKING PROCEEDING.—Not- 10 withstanding section 3(a)(5)(E), the Commis- 11 sion shall initiate a rulemaking proceeding 12 under section 553 of title 5, United States 13 Code, within 90 days after the date of the en- 14 actment of this section to establish— 15 ‘‘(i) a consumer product safety stand- 16 ard for firearm locks; and 17 ‘‘(ii) a consumer product safety stand- 18 ard for firearm safes. 19 ‘‘(B) FINAL RULE.—Notwithstanding any 20 other provision of law, including chapter 5 of 21 title 5, United States Code, the Commission 22 shall promulgate final consumer product safety 23 standards under this paragraph within 12 24 months after the date on which the Commission 25 VerDate Sep 11 2014 00:45 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3065.IS S3065 kjohnson on DSK79L0C42 with BILLS 3 •S 3065 IS initiates the rulemaking proceeding under sub- 1 paragraph (A). 2 ‘‘(C) EFFECTIVE DATE.—Each final con- 3 sumer product safety standard promulgated 4 under this paragraph shall take effect 6 months 5 after the date on which such standard is pro- 6 mulgated. 7 ‘‘(2) REQUIREMENTS FOR FIREARM LOCK 8 STANDARD.—The standard for firearm locks promul- 9 gated under paragraph (1) shall require firearm 10 locks that— 11 ‘‘(A) are sufficiently difficult for an unau- 12 thorized user to de-activate or remove; and 13 ‘‘(B) prevent the discharge of the firearm 14 unless the firearm lock has been de-activated or 15 removed. 16 ‘‘(3) REQUIREMENTS FOR FIREARM SAFE 17 STANDARD.—The standard for firearm safes promul- 18 gated under paragraph (1) shall require firearm 19 safes that reliably secure firearms from unauthor- 20 ized users, and include reliable security features, 21 quality, and construction to reliably prevent unau- 22 thorized users from gaining access to a firearm by 23 damaging or physically manipulating the safe. 24 ‘‘(b) CERTAIN PROVISIONS NOT TO APPLY.— 25 VerDate Sep 11 2014 00:45 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3065.IS S3065 kjohnson on DSK79L0C42 with BILLS 4 •S 3065 IS ‘‘(1) PROVISIONS OF THIS ACT.—Sections 7 and 1 9 of this Act do not apply to the rulemaking pro- 2 ceeding under paragraph (1) of subsection (a). 3 ‘‘(2) CHAPTER 5 OF TITLE 5.—Except for sec- 4 tion 553, chapter 5 of title 5, United States Code, 5 does not apply to this section. 6 ‘‘(3) CHAPTER 6 OF TITLE 5.—Chapter 6 of 7 title 5, United States Code, does not apply to this 8 section. 9 ‘‘(4) NATIONAL ENVIRONMENTAL POLICY 10 ACT.—The National Environmental Policy Act of 11 1969 (42 U.S.C. 4321 et seq.) does not apply to this 12 section. 13 ‘‘(c) NO EFFECT ON STATE LAW.—Notwithstanding 14 section 26 of this Act, this section does not annul, alter, 15 impair, affect, or exempt any person subject to a consumer 16 product safety standard promulgated under subsection 17 (a)(1) from complying with any provision of the law of 18 any State or any political subdivision thereof, except to 19 the extent that such provision is inconsistent with any 20 such standard, and then only to the extent of the incon- 21 sistency. A provision of the law of a State or a political 22 subdivision thereof is not inconsistent with a consumer 23 product safety standard promulgated under subsection 24 (a)(1) if such provision affords greater protection to indi- 25 VerDate Sep 11 2014 00:45 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3065.IS S3065 kjohnson on DSK79L0C42 with BILLS 5 •S 3065 IS viduals with respect to firearms than is afforded by such 1 standard. 2 ‘‘(d) ENFORCEMENT.—Notwithstanding subsection 3 (b)(1), the consumer product safety standards promul- 4 gated by the Commission under subsection (a)(1) shall be 5 enforced under this Act as if such standards were con- 6 sumer product safety standards described in section 7(a). 7 ‘‘(e) DEFINITIONS.—In this section: 8 ‘‘(1) FIREARM.—The term ‘firearm’ has the 9 meaning given the term in section 921(a) of title 18, 10 United States Code. 11 ‘‘(2) FIREARM LOCK.—The term ‘firearm lock’ 12 means any disabling or locking device that is not 13 built into the firearm at the time of manufacture 14 and that is designed to prevent the firearm from 15 being discharged unless the device has been deacti- 16 vated or removed. 17 ‘‘(3) FIREARM SAFE.—The term ‘firearm safe’ 18 means a container that is advertised to be used to 19 store a firearm and that is designed to be unlocked 20 only by means of a key, a combination, or other 21 similar means.’’. 22 (b) CONFORMING AMENDMENT.—Section 1 of the 23 Consumer Product Safety Act is amended by adding at 24 the end of the table of contents the following: 25 VerDate Sep 11 2014 00:45 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3065.IS S3065 kjohnson on DSK79L0C42 with BILLS 6 •S 3065 IS ‘‘Sec. 43. Consumer product safety standards for firearm locks and firearm safes.’’. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 1 There are authorized to be appropriated to the Con- 2 sumer Product Safety Commission $2,000,000 to carry 3 out the provisions of section 43 of the Consumer Product 4 Safety Act, as added by section 1, such sums to remain 5 available until expended. 6 Æ VerDate Sep 11 2014 00:45 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S3065.IS S3065 kjohnson on DSK79L0C42 with BILLS