Gun Violence Prevention and Community Safety Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 5717 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 HOUSE OF REPRESENTATIVES JANUARY 30, 2020 Mr. JOHNSON of Georgia (for himself, Mr. KENNEDY, Mr. QUIGLEY, Mr. BROWN of Maryland, Mr. MORELLE, Ms. DELAURO, Mrs. CAROLYN B. MALONEY of New York, Mr. KEATING, Mr. LYNCH, Mr. MOULTON, Ms. PRESSLEY, Mrs. TRAHAN, Mr. MCGOVERN, Mr. DANNY K. DAVIS of Illi- nois, Mr. NEAL, Ms. CLARK of Massachusetts, and Mr. PASCRELL) intro- duced the following bill; which was referred to the Committee on the Ju- diciary, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 VerDate Sep 11 2014 21:00 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5717.IH H5717 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5717 IH SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Gun Violence Prevention and Community Safety Act of 3 2020’’. 4 (b) TABLE OF CONTENTS.—The table of contents for 5 this Act is as follows: 6 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. VerDate Sep 11 2014 21:00 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H5717.IH H5717 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5717 IH 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. 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. 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 VerDate Sep 11 2014 21:00 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5717.IH H5717 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5717 IH ‘‘§ 932. License to own firearms and ammunition 1 ‘‘(a) IN GENERAL.—Except otherwise provided in 2 this section, it shall be unlawful for any individual who 3 is not licensed under this section to knowingly purchase, 4 acquire, or possess a firearm or ammunition. 5 ‘‘(b) ELIGIBILITY.—An individual shall be eligible to 6 receive a license under this section if the individual— 7 ‘‘(1) has attained 21 years of age; and 8 ‘‘(2) has completed training in firearms safety, 9 including— 10 ‘‘(A) a written test, to demonstrate knowl- 11 edge of applicable firearms laws; 12 ‘‘(B) hands-on testing, including firing 13 testing, to demonstrate safe use of a firearm; 14 ‘‘(C) as part of the process for applying for 15 such a license— 16 ‘‘(i) has submitted to a background 17 investigation and criminal history check of 18 the individual, including a background 19 check using the National Instant Criminal 20 Background Check System, to ensure the 21 individual is not prohibited from possessing 22 a firearm under subsection (g) or (n) of 23 section 922; and 24 ‘‘(ii) has submitted a photograph of 25 the individual; 26 VerDate Sep 11 2014 21:00 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5717.IH H5717 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5717 IH ‘‘(D) has not been determined by a court, 1 in accordance with subsection (c)(5), to be un- 2 suitable to be issued a Federal firearm owner’s 3 license; and 4 ‘‘(E) is not otherwise prohibited by Fed- 5 eral, State, Tribal, or local law from possessing 6 a firearm. 7 ‘‘(c) ESTABLISHMENT OF FEDERAL FIREARM 8 OWNER’S LICENSE.— 9 ‘‘(1) IN GENERAL.—The Attorney General shall 10 issue a Federal firearm owner’s license to any indi- 11 vidual who is eligible under subsection (b). 12 ‘‘(2) ISSUANCE OF LICENSE OR NOTICE OF DE- 13 NIAL.—Not later than 40 days after the date on 14 which an individual submits an application for a 15 Federal firearm owner’s license under this section, 16 the Attorney General shall— 17 ‘‘(A) determine whether the individual is 18 eligible to possess a license under this section; 19 and 20 ‘‘(B) based on the determination under 21 subparagraph (A)— 22 ‘‘(i) issue a Federal firearm owner’s 23 license to the individual; or 24 VerDate Sep 11 2014 21:00 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5717.IH H5717 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 5717 IH ‘‘(ii) provide written notice to the in- 1 dividual of— 2 ‘‘(I) the determination that the 3 individual is ineligible to possess such 4 a license based on the requirements 5 described in subsection (b), which 6 shall include an explanation for the 7 determination; or 8 ‘‘(II) a petition filed under para- 9 graph (5). 10 ‘‘(3) EXPIRATION.—A Federal firearm owner’s 11 license issued under this section shall expire on the 12 date that is 10 years after the date on which the li- 13 cense was issued. 14 ‘‘(4) RENEWAL OF LICENSE.— 15 ‘‘(A) IN GENERAL.—A Federal firearm 16 owner’s license issued under this section may be 17 renewed at the end of the 10-year period de- 18 scribed in paragraph (3). 19 ‘‘(B) REQUIREMENTS.—The process for 20 renewal of a Federal firearm owner’s license 21 under subparagraph (A) shall include— 22 ‘‘(i) an up-to-date background inves- 23 tigation and criminal history check of the 24 individual; and 25 VerDate Sep 11 2014 21:00 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5717.IH H5717 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 5717 IH ‘‘(ii) a recent photograph of the indi- 1 vidual. 2 ‘‘(C) ISSUANCE OF RENEWAL OR NOTICE 3 OF DENIAL.—Not later than 40 days after the 4 date on which an individual submits an applica- 5 tion for a renewal of a Federal firearm owner’s 6 license under this paragraph, the Attorney Gen- 7 eral shall— 8 ‘‘(i) issue a renewed Federal firearm 9 owner’s license to the individual; and 10 ‘‘(ii) provide written notice to the in- 11 dividual of— 12 ‘‘(I) the determination that the 13 individual is ineligible to possess such 14 a license based on the requirements 15 described in subsection (b), which 16 shall include an explanation for the 17 determination; or 18 ‘‘(II) a petition filed under para- 19 graph (5). 20 ‘‘(5) ATF DETERMINATION OF 21 UNSUITABILITY.— 22 ‘‘(A) IN GENERAL.—The Director of the 23 Bureau of Alcohol, Tobacco, Firearms and Ex- 24 plosives may file a petition, which shall contain 25 VerDate Sep 11 2014 21:00 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5717.IH H5717 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 5717 IH a written statement of the reasons supporting 1 the request required under subparagraph (C), 2 in an appropriate district court of the United 3 States to request that— 4 ‘‘(i) an individual who has applied for 5 a Federal firearm owner’s license, or re- 6 newal thereof, under this section be denied 7 the request for such license; or 8 ‘‘(ii) a previously issued Federal fire- 9 arm owner’s license be suspended or re- 10 voked. 11 ‘‘(B) NOTICE.—Any petition filed under 12 subparagraph (A) shall include written notice to 13 the individual who requested, or is in possession 14 of, the Federal firearm owner’s license, as the 15 case may be, describing the facts and cir- 16 cumstances justifying the petition. 17 ‘‘(C) HEARING.—Not later than 90 days 18 after the date on which a petition is filed under 19 subparagraph (A), the court shall conduct a 20 hearing. 21 ‘‘(D) FACTORS TO DETERMINE 22 UNSUITABILITY.—Not later than 15 days after 23 the date on which a hearing is conducted under 24 subparagraph (C), the court shall find that an 25 VerDate Sep 11 2014 21:00 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5717.IH H5717 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 5717 IH individual is unsuitable to possess a Federal 1 firearm owner’s license if, based on a prepon- 2 derance of the evidence, there exists— 3 ‘‘(i) reliable, articulable, and credible 4 information that the individual has exhib- 5 ited or engaged in behavior to suggest the 6 individual could potentially create a risk to 7 public safety; or 8 ‘‘(ii) other existing factors that sug- 9 gest that the individual could potentially 10 create a risk to public safety. 11 ‘‘(E) NOTICE OF DETERMINATION.—If a 12 court finds an individual is unsuitable to pos- 13 sess a Federal firearm owner’s license, the 14 court shall notify the applicant in writing, set- 15 ting forth the specific reasons for such deter- 16 mination. 17 ‘‘(6) REVIEW.—A determination of the Director 18 of Bureau of Alcohol, Tobacco, Firearms and Explo- 19 sives or a district court of the United States under 20 this subparagraph may be appealed to the appro- 21 priate court of the United States. 22 ‘‘(d) EXCEPTIONS.— 23 ‘‘(1) PREVIOUSLY POSSESSED FIREARMS.—Sub- 24 section (a) shall not apply to the possession of any 25 VerDate Sep 11 2014 21:00 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5717.IH H5717 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 5717 IH firearm or ammunition by an individual who other- 1 wise lawfully possessed the firearm or ammunition 2 under Federal law on the date on which the Attor- 3 ney General begins issuing Federal firearm owner’s 4 licenses under this section. 5 ‘‘(2) STATE LICENSES.— 6 ‘‘(A) IN GENERAL.—Subsection (a) shall 7 not apply to an individual in a State if the At- 8 torney General determines that the State— 9 ‘‘(i) has in effect a process for issuing 10 a State firearm owner’s license to eligible 11 individuals in the State that is substan- 12 tially similar to the requirements of sub- 13 section (b); and 14 ‘‘(ii) provides to the Attorney General 15 real-time validity information relating to 16 firearm owner’s licenses issued by the 17 State, for inclusion in the database de- 18 scribed in section (f). 19 ‘‘(B) PUBLICATION OF LIST OF QUALI- 20 FYING STATES.— 21 ‘‘(i) IN GENERAL.—Not later than 2 22 years after the date of enactment of the 23 Gun Violence Prevention and Community 24 Safety Act of 2020, the Attorney General 25 VerDate Sep 11 2014 21:00 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5717.IH H5717 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 5717 IH shall publish a list of States that have in 1 effect a process described in subparagraph 2 (A). 3 ‘‘(ii) UPDATED LIST.—The Attorney 4 General shall update the list described in 5 clause (i) immediately upon determining 6 that a State should be included on or re- 7 moved from the list. 8 ‘‘(3) LICENSED DEALERS, MANUFACTURERS, 9 AND IMPORTERS.—Subsection (a) shall not apply to 10 an individual who is a licensed dealer, licensed man- 11 ufacturer, or licensed importer. 12 ‘‘(4) AGENCIES AND LAW ENFORCEMENT OFFI- 13 CERS.— 14 ‘‘(A) IN GENERAL.—Subsection (a) shall 15 not apply to— 16 ‘‘(i) the importation for, manufacture 17 for, sale to, transfer to, or possession by 18 the United States or a department or 19 agency of the United States or a State or 20 a department, agency, or political subdivi- 21 sion of a State, or a sale or transfer to or 22 possession by a qualified law enforcement 23 officer employed by the United States or a 24 department or agency of the United States 25 VerDate Sep 11 2014 21:00 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5717.IH H5717 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 5717 IH or a State or a department, agency, or po- 1 litical subdivision of a State, for purposes 2 of law enforcement (whether on or off 3 duty), or a sale or transfer to or possession 4 by a campus law enforcement officer for 5 purposes of law enforcement (whether on 6 or off duty); or 7 ‘‘(ii) the [Text truncated for display. 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