Gun Violence Prevention and Community Safety Act of 2020

II 116TH CONGRESS 2D SESSION S. 3254 To end the epidemic of gun violence and build safer communities by strength- ening Federal firearms laws and supporting gun violence research, inter- vention, and prevention initiatives. IN THE SENATE OF THE UNITED STATES FEBRUARY 5, 2020 Ms. WARREN (for herself, Mr. MARKEY, Mr. MENENDEZ, and Mr. BOOKER) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To end the epidemic of gun violence and build safer commu- nities by strengthening Federal firearms laws and sup- porting gun violence research, intervention, and preven- tion initiatives. 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Gun Violence Prevention and Community Safety Act of 5 2020’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 VerDate Sep 11 2014 02:02 Feb 13, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3254.IS S3254 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3254 IS Sec. 1. Short title; table of contents. TITLE I—FIREARM LICENSING Sec. 101. License to own firearms and ammunition. Sec. 102. State firearms licensing. TITLE II—BACKGROUND CHECK REFORM Sec. 201. Universal background checks. Sec. 202. Completion of background checks; 7-day waiting period. Sec. 203. Reporting of background check denials. TITLE III—FIREARM POSSESSION Sec. 301. Protecting victims of domestic violence. Sec. 302. Fugitives from justice. Sec. 303. Minimum age for purchasing firearms and ammunition. Sec. 304. Secure gun storage by owners. Sec. 305. Secure gun storage or safety device for all firearms. Sec. 306. Consumer product safety standards for gun locks and gun safes. Sec. 307. Gun-free school zones. TITLE IV—EXTREME RISK PROTECTION ORDERS Sec. 401. Extreme risk protection order grant program. Sec. 402. Federal extreme risk protection orders. Sec. 403. Federal firearms prohibition. Sec. 404. Identification records. Sec. 405. Conforming amendment. Sec. 406. Full faith and credit. TITLE V—ASSAULT WEAPONS AND FIREARMS SILENCERS AND MUFFLERS BAN Subtitle A—Assault Weapons Ban Sec. 511. Definitions. Sec. 512. Restrictions on assault weapons and large capacity ammunition feed- ing devices. Sec. 513. Penalties. Sec. 514. Use of Byrne grants for buy-back programs for semiautomatic as- sault weapons and large capacity ammunition feeding devices. Sec. 515. Ban on untraceable and undetectable firearms. Sec. 516. Prohibition on possession of certain firearm accessories. Subtitle B—Firearm Silencers and Mufflers Ban Sec. 521. Definition. Sec. 522. Restrictions on firearm silencers and firearm mufflers. Sec. 523. Penalties. Sec. 524. Effective date. TITLE VI—FIREARM TRAFFICKING Sec. 601. Prohibition against multiple firearm sales or purchases. Sec. 602. Increased penalties for making knowingly false statements in connec- tion with firearms. Sec. 603. Retention of records. VerDate Sep 11 2014 02:02 Feb 13, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S3254.IS S3254 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3254 IS Sec. 604. Revised definition. Sec. 605. Firearms trafficking. TITLE VII—DEALER REFORM Sec. 701. Gun shop security measures. Sec. 702. Inspections. Sec. 703. Employee background checks. Sec. 704. Gun store thefts. Sec. 705. Civil enforcement. Sec. 706. No effect on State laws governing dealing in firearms. Sec. 707. Lost and stolen reporting requirement. Sec. 708. Report on implementation. Sec. 709. Enhanced record keeping requirements. Sec. 710. Deadline for issuance of final regulations. Sec. 711. Repeal. TITLE VIII—INDUSTRY REFORM Sec. 801. Repeal. Sec. 802. Repeal of exclusion of pistols, revolvers, and other firearms from con- sumer product safety laws. Sec. 803. Increase in excise taxes relating to firearms. TITLE IX—RESEARCH AND COMMUNITY VIOLENCE INTERVENTION PROGRAM Sec. 901. Community violence intervention grant program. Sec. 902. Funding for research on firearms safety or gun violence prevention. TITLE X—MISCELLANEOUS Sec. 1001. Registration. Sec. 1002. Severability. TITLE I—FIREARM LICENSING 1 SEC. 101. LICENSE TO OWN FIREARMS AND AMMUNITION. 2 (a) IN GENERAL.—Chapter 44 of title 18, United 3 States Code, is amended by adding at the end the fol- 4 lowing: 5 ‘‘§ 932. License to own firearms and ammunition 6 ‘‘(a) IN GENERAL.—Except otherwise provided in 7 this section, it shall be unlawful for any individual who 8 is not licensed under this section to knowingly purchase, 9 acquire, or possess a firearm or ammunition. 10 VerDate Sep 11 2014 02:02 Feb 13, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3254.IS S3254 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3254 IS ‘‘(b) ELIGIBILITY.—An individual shall be eligible to 1 receive a license under this section if the individual— 2 ‘‘(1) has attained 21 years of age; 3 ‘‘(2) has completed training in firearms safety, 4 including— 5 ‘‘(A) a written test, to demonstrate knowl- 6 edge of applicable firearms laws; 7 ‘‘(B) hands-on testing, including firing 8 testing, to demonstrate safe use of a firearm; 9 ‘‘(C) as part of the process for applying for 10 such a license— 11 ‘‘(i) has submitted to a background 12 investigation and criminal history check of 13 the individual, including a background 14 check using the National Instant Criminal 15 Background Check System, to ensure the 16 individual is not prohibited from possessing 17 a firearm under subsection (g) or (n) of 18 section 922; and 19 ‘‘(ii) has submitted a photograph of 20 the individual; 21 ‘‘(D) has not been determined by a court, 22 in accordance with subsection (c)(5), to be un- 23 suitable to be issued a Federal firearm owner’s 24 license; and 25 VerDate Sep 11 2014 02:02 Feb 13, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3254.IS S3254 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3254 IS ‘‘(E) is not otherwise prohibited by Fed- 1 eral, State, Tribal, or local law from possessing 2 a firearm. 3 ‘‘(c) ESTABLISHMENT OF FEDERAL FIREARM 4 OWNER’S LICENSE.— 5 ‘‘(1) IN GENERAL.—The Attorney General shall 6 issue a Federal firearm owner’s license to any indi- 7 vidual who is eligible under subsection (b). 8 ‘‘(2) ISSUANCE OF LICENSE OR NOTICE OF DE- 9 NIAL.—Not later than 40 days after the date on 10 which an individual submits an application for a 11 Federal firearm owner’s license under this section, 12 the Attorney General shall— 13 ‘‘(A) determine whether the individual is 14 eligible to possess a license under this section; 15 and 16 ‘‘(B) based on the determination under 17 subparagraph (A)— 18 ‘‘(i) issue a Federal firearm owner’s 19 license to the individual; or 20 ‘‘(ii) provide written notice to the in- 21 dividual of— 22 ‘‘(I) the determination that the 23 individual is ineligible to possess such 24 a license based on the requirements 25 VerDate Sep 11 2014 02:02 Feb 13, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3254.IS S3254 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3254 IS described in subsection (b), which 1 shall include an explanation for the 2 determination; or 3 ‘‘(II) a petition filed under para- 4 graph (5). 5 ‘‘(3) EXPIRATION.—A Federal firearm owner’s 6 license issued under this section shall expire on the 7 date that is 10 years after the date on which the li- 8 cense was issued. 9 ‘‘(4) RENEWAL OF LICENSE.— 10 ‘‘(A) IN GENERAL.—A Federal firearm 11 owner’s license issued under this section may be 12 renewed at the end of the 10-year period de- 13 scribed in paragraph (3). 14 ‘‘(B) REQUIREMENTS.—The process for 15 renewal of a Federal firearm owner’s license 16 under subparagraph (A) shall include— 17 ‘‘(i) an up-to-date background inves- 18 tigation and criminal history check of the 19 individual; and 20 ‘‘(ii) a recent photograph of the indi- 21 vidual. 22 ‘‘(C) ISSUANCE OF RENEWAL OR NOTICE 23 OF DENIAL.—Not later than 40 days after the 24 date on which an individual submits an applica- 25 VerDate Sep 11 2014 02:02 Feb 13, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3254.IS S3254 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3254 IS tion for a renewal of a Federal firearm owner’s 1 license under this paragraph, the Attorney Gen- 2 eral shall— 3 ‘‘(i) issue a renewed Federal firearm 4 owner’s license to the individual; or 5 ‘‘(ii) provide written notice to the in- 6 dividual of— 7 ‘‘(I) the determination that the 8 individual is ineligible to possess such 9 a license based on the requirements 10 described in subsection (b), which 11 shall include an explanation for the 12 determination; or 13 ‘‘(II) a petition filed under para- 14 graph (5). 15 ‘‘(5) ATF DETERMINATION OF 16 UNSUITABILITY.— 17 ‘‘(A) IN GENERAL.—The Director of the 18 Bureau of Alcohol, Tobacco, Firearms and Ex- 19 plosives may file a petition, which shall contain 20 a written statement of the reasons supporting 21 the request required under subparagraph (C), 22 in an appropriate district court of the United 23 States to request that— 24 VerDate Sep 11 2014 02:02 Feb 13, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3254.IS S3254 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3254 IS ‘‘(i) an individual who has applied for 1 a Federal firearm owner’s license, or re- 2 newal thereof, under this section be denied 3 the request for such license; or 4 ‘‘(ii) a previously issued Federal fire- 5 arm owner’s license be suspended or re- 6 voked. 7 ‘‘(B) NOTICE.—Any petition filed under 8 subparagraph (A) shall include written notice to 9 the individual who requested, or is in possession 10 of, the Federal firearm owner’s license, as the 11 case may be, describing the facts and cir- 12 cumstances justifying the petition. 13 ‘‘(C) HEARING.—Not later than 90 days 14 after the date on which a petition is filed under 15 subparagraph (A), the court shall conduct a 16 hearing. 17 ‘‘(D) FACTORS TO DETERMINE 18 UNSUITABILITY.—Not later than 15 days after 19 the date on which a hearing is conducted under 20 subparagraph (C), the court shall find that an 21 individual is unsuitable to possess a Federal 22 firearm owner’s license if, based on a prepon- 23 derance of the evidence, there exists— 24 VerDate Sep 11 2014 02:02 Feb 13, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3254.IS S3254 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3254 IS ‘‘(i) reliable, articulable, and credible 1 information that the individual has exhib- 2 ited or engaged in behavior to suggest the 3 individual could potentially create a risk to 4 public safety; or 5 ‘‘(ii) other existing factors that sug- 6 gest that the individual could potentially 7 create a risk to public safety. 8 ‘‘(E) NOTICE OF DETERMINATION.—If a 9 court finds an individual is unsuitable to pos- 10 sess a Federal firearm owner’s license, the 11 court shall notify the applicant in writing, set- 12 ting forth the specific reasons for such deter- 13 mination. 14 ‘‘(6) REVIEW.—A determination of the Director 15 of the Bureau of Alcohol, Tobacco, Firearms and 16 Explosives or a district court of the United States 17 under this subparagraph may be appealed to the ap- 18 propriate court of the United States. 19 ‘‘(d) EXCEPTIONS.— 20 ‘‘(1) PREVIOUSLY POSSESSED FIREARMS.—Sub- 21 section (a) shall not apply to the possession of any 22 firearm or ammunition by an individual who other- 23 wise lawfully possessed the firearm or ammunition 24 under Federal law on the date on which the Attor- 25 VerDate Sep 11 2014 02:02 Feb 13, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3254.IS S3254 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3254 IS ney General begins issuing Federal firearm owner’s 1 licenses under this section. 2 ‘‘(2) STATE LICENSES.— 3 ‘‘(A) IN GENERAL.—Subsection (a) shall 4 not apply to an individual in a State if the At- 5 torney General determines that the State— 6 ‘‘(i) has in effect a process for issuing 7 a State firearm owner’s license to eligible 8 individuals in the State that is substan- 9 tially similar to the requirements of sub- 10 section (b); and 11 ‘‘(ii) provides to the Attorney General 12 real-time validity information relating to 13 firearm owner’s licenses issued by the 14 State, for inclusion in the database de- 15 scribed in section (f). 16 ‘‘(B) PUBLICATION OF LIST OF QUALI- 17 FYING STATES.— 18 ‘‘(i) IN GENERAL.—Not later than 2 19 years after the date of enactment of the 20 Gun Violence Prevention and Community 21 Safety Act of 2020, the Attorney General 22 shall publish a list of States that have in 23 effect a process described in subparagraph 24 (A). 25 VerDate Sep 11 2014 02:02 Feb 13, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3254.IS S3254 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3254 IS ‘‘(ii) UPDATED LIST.—The Attorney 1 General shall update the list described in 2 clause (i) immediately upon determining 3 that a State should be included on or re- 4 moved from the list. 5 ‘‘(3) LICENSED DEALERS, MANUFACTURERS, 6 AND IMPORTERS.—Subsection (a) shall not apply to 7 an individual who is a licensed dealer, licensed man- 8 ufacturer, or licensed importer. 9 ‘‘(4) AGENCIES AND LAW ENFORCEMENT OFFI- 10 CERS.— 11 ‘‘(A) IN GENERAL.—Subsection (a) shall 12 not apply to— 13 ‘‘(i) the importation for, manufacture 14 for, sale to, transfer to, or possession by 15 the United States or a department or 16 agency of the United States or a State or 17 a department, agency, or political subdivi- 18 sion of a State, or a sale or transfer to or 19 possession by a qualified law enforcement 20 officer employed by the United States or a 21 department or agency of the United States 22 or a State or a department, agency, or po- 23 litical subdivision of a State, for purposes 24 of law enforcement (whether on or off 25 VerDate Sep 11 2014 02:02 Feb 13, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3254.IS S3254 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3254 IS duty), or a sale or transfer to or possession 1 by a campus law enforcement officer for 2 purposes of law enforcement (whether on 3 or off duty); or 4 ‘‘(ii) the importation for, or sale or 5 transfer to a licensee under title I of the 6 Atomic Energy Act of 1954 for purposes 7 of establishing and maintaining an on-site 8 physical protection system and security or- 9 ganization required by Federal law, or pos- 10 session by an employee or contractor of 11 such licensee on-site for such purposes or 12 off-site for purposes of licensee-authorized 13 training or transportation of nuclear mate- 14 rials. 15 ‘‘(B) DEFINITION.—For pur [Text truncated for display. 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