Virginia Plan to Reduce Gun Violence Act of 2020

II 116TH CONGRESS 2D SESSION S. 4271 To reform Federal firearms laws, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 22, 2020 Mr. KAINE (for himself and Mr. WARNER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reform Federal firearms laws, 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Virginia Plan to Reduce Gun Violence Act of 2020’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. TITLE I—FIREARM SALES Sec. 101. Firearms transfers. Sec. 102. Handgun sales. TITLE II—EXTREME RISK PROTECTION ORDERS Sec. 201. Definitions. Sec. 202. Extreme risk protection grant program. VerDate Sep 11 2014 05:32 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S4271.IS S4271 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4271 IS Sec. 203. National extreme risk protection order law. Sec. 204. Federal firearms prohibition. Sec. 205. Full faith and credit. TITLE III—FIREARM SAFETY REQUIREMENTS Sec. 301. Reporting lost or stolen firearms. Sec. 302. Access to firearms by minors. Sec. 303. Prohibiting persons convicted of misdemeanor crimes against dating partners and persons subject to protection orders. Sec. 304. Prohibiting stalkers and individuals subject to court order from pos- sessing a firearm. TITLE I—FIREARM SALES 1 SEC. 101. FIREARMS TRANSFERS. 2 (a) OFFENSE.—Section 922 of title 18, United States 3 Code, is amended by adding at the end the following: 4 ‘‘(aa)(1)(A) It shall be unlawful for any person who 5 is not a licensed importer, licensed manufacturer, or li- 6 censed dealer to transfer a firearm to any other person 7 who is not so licensed, unless a licensed importer, licensed 8 manufacturer, or licensed dealer has first taken possession 9 of the firearm for the purpose of complying with sub- 10 section (t). 11 ‘‘(B) Upon taking possession of a firearm under sub- 12 paragraph (A), a licensee shall comply with all require- 13 ments of this chapter as if the licensee were transferring 14 the firearm from the inventory of the licensee to the unli- 15 censed transferee. 16 ‘‘(C) If a transfer of a firearm described in subpara- 17 graph (A) will not be completed for any reason after a 18 licensee takes possession of the firearm (including because 19 the transfer of the firearm to, or receipt of the firearm 20 VerDate Sep 11 2014 05:32 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4271.IS S4271 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4271 IS by, the transferee would violate this chapter), the return 1 of the firearm to the transferor by the licensee shall not 2 constitute the transfer of a firearm for purposes of this 3 chapter. 4 ‘‘(2) Paragraph (1) shall not apply to— 5 ‘‘(A) a law enforcement agency or any law en- 6 forcement officer, armed private security profes- 7 sional, or member of the armed forces, to the extent 8 the officer, professional, or member is acting within 9 the course and scope of employment and official du- 10 ties; 11 ‘‘(B) a transfer that is a loan or bona fide gift 12 between spouses, between domestic partners, be- 13 tween parents and their children, including step-par- 14 ents and their step-children, between siblings, be- 15 tween aunts or uncles and their nieces or nephews, 16 or between grandparents and their grandchildren; 17 ‘‘(C) a transfer to an executor, administrator, 18 trustee, or personal representative of an estate or a 19 trust that occurs by operation of law upon the death 20 of another person; 21 ‘‘(D) a temporary transfer that is necessary to 22 prevent imminent death or great bodily harm, if the 23 possession by the transferee lasts only as long as im- 24 mediately necessary to prevent the imminent death 25 VerDate Sep 11 2014 05:32 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4271.IS S4271 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4271 IS or great bodily harm, including the harm of domestic 1 violence, dating partner violence, sexual assault, 2 stalking, and domestic abuse; 3 ‘‘(E) a transfer that is approved by the Attor- 4 ney General under section 5812 of the Internal Rev- 5 enue Code of 1986; or 6 ‘‘(F) a temporary transfer if the transferor has 7 no reason to believe that the transferee will use or 8 intends to use the firearm in a crime or is prohibited 9 from possessing firearms under State or Federal 10 law, and the transfer takes place and the trans- 11 feree’s possession of the firearm is exclusively— 12 ‘‘(i) at a shooting range or in a shooting 13 gallery or other area designated for the purpose 14 of target shooting; 15 ‘‘(ii) while reasonably necessary for the 16 purposes of hunting, trapping, or fishing, if the 17 transferor— 18 ‘‘(I) has no reason to believe that the 19 transferee intends to use the firearm in a 20 place where it is illegal; and 21 ‘‘(II) has reason to believe that the 22 transferee will comply with all licensing 23 and permit requirements for such hunting, 24 trapping, or fishing; or 25 VerDate Sep 11 2014 05:32 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4271.IS S4271 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4271 IS ‘‘(iii) while in the presence of the trans- 1 feror. 2 ‘‘(3)(A) Notwithstanding any other provision of this 3 chapter, the Attorney General may implement this sub- 4 section with regulations. 5 ‘‘(B) Regulations promulgated under this paragraph 6 may not include any provision requiring licensees to facili- 7 tate transfers in accordance with paragraph (1). 8 ‘‘(C) Regulations promulgated under this paragraph 9 may not include any provision requiring persons not li- 10 censed under this chapter to keep records of background 11 checks or firearms transfers. 12 ‘‘(D) Regulations promulgated under this paragraph 13 may not include any provision placing a cap on the fee 14 licensees may charge to facilitate transfers in accordance 15 with paragraph (1). 16 ‘‘(4) It shall be unlawful for a licensed importer, li- 17 censed manufacturer, or licensed dealer to transfer posses- 18 sion of, or title to, a firearm to another person who is 19 not so licensed unless the importer, manufacturer, or deal- 20 er has provided such other person with a notice of the 21 prohibition under paragraph (1), and such other person 22 has certified that such other person has been provided 23 with this notice on a form prescribed by the Attorney Gen- 24 eral.’’. 25 VerDate Sep 11 2014 05:32 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4271.IS S4271 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4271 IS (b) EFFECTIVE DATE.—The amendment made by 1 subsection (a) shall take effect 180 days after the date 2 of enactment of this Act. 3 SEC. 102. HANDGUN SALES. 4 (a) LIMITATION ON MULTIPLE HANDGUN PUR- 5 CHASES.—Section 922 of title 18, United States Code, as 6 amended by section 101, is amended by adding at the end 7 the following: 8 ‘‘(bb)(1) Except as provided in paragraph (2), it shall 9 be unlawful for any person who is not a licensed importer, 10 licensed manufacturer, or licensed dealer to purchase more 11 than 1 handgun in a 30-day period. 12 ‘‘(2) Paragraph (1) shall not apply to— 13 ‘‘(A) an individual with a certificate issued by 14 a law enforcement agency of the State in which the 15 individual resides certifying the individual has 16 passed an enhanced background check; 17 ‘‘(B) a law enforcement agency or law enforce- 18 ment officer or member of the armed forces, to the 19 extent the officer, professional, or member is acting 20 within the course and scope of employment and offi- 21 cial duties; 22 ‘‘(C) a State or local correctional facility; 23 VerDate Sep 11 2014 05:32 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4271.IS S4271 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4271 IS ‘‘(D) a private security company licensed by the 1 State or unit of local government in which the com- 2 pany operates; or 3 ‘‘(E) the purchase of a handgun that is— 4 ‘‘(i) an antique firearm; or 5 ‘‘(ii) listed as a curio or relic by the Attor- 6 ney General pursuant to section 921(a)(13) by 7 a licensed collector.’’. 8 (b) EFFECTIVE DATE.—The amendment made by 9 subsection (a) shall take effect 180 days after the date 10 of enactment of this Act. 11 TITLE II—EXTREME RISK 12 PROTECTION ORDERS 13 SEC. 201. DEFINITIONS. 14 In this title: 15 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 16 ty’’ means— 17 (A) a State or Indian Tribe— 18 (i) that enacts legislation described in 19 section 203; 20 (ii) with respect to which the Attorney 21 General determines that the legislation de- 22 scribed in clause (i) complies with the re- 23 quirements of section 203; and 24 VerDate Sep 11 2014 05:32 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4271.IS S4271 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4271 IS (iii) that certifies to the Attorney 1 General that the State or Indian Tribe 2 shall— 3 (I) use the grant for the purposes 4 described in section 202(b); and 5 (II) allocate not less than 25 per- 6 cent of the amount received under a 7 grant under section 202 for training 8 for law enforcement officers; or 9 (B) a unit of local government or other 10 public or private entity that— 11 (i) is located in a State or in the terri- 12 tory under the jurisdiction of an Indian 13 Tribe that meets the requirements de- 14 scribed in clauses (i) and (ii) of subpara- 15 graph (A); and 16 (ii) certifies to the Attorney General 17 that the unit of local government or entity 18 shall— 19 (I) use the grant for the purposes 20 described in section 202(b); and 21 (II) allocate not less than 25 per- 22 cent of the amount received under a 23 grant under section 202 for training 24 for law enforcement officers. 25 VerDate Sep 11 2014 05:32 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4271.IS S4271 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4271 IS (2) EXTREME RISK PROTECTION ORDER.—The 1 term ‘‘extreme risk protection order’’ means a writ- 2 ten order or warrant, issued by a State or Tribal 3 court or signed by a magistrate (or other com- 4 parable judicial officer), the primary purpose of 5 which is to reduce the risk of firearm-related death 6 or injury by doing one or more of the following: 7 (A) Prohibiting a named individual from 8 having under the custody or control of the indi- 9 vidual, owning, purchasing, possessing, or re- 10 ceiving a firearm. 11 (B) Having a firearm removed or requiring 12 the surrender of firearms from a named indi- 13 vidual. 14 (3) FIREARM.—The term ‘‘firearm’’ has the 15 meaning given the term in section 921 of title 18, 16 United States Code. 17 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 18 has the meaning given the term ‘‘Indian tribe’’ in 19 section 1709 of the Public Safety and Community 20 Policing Act of 1994 (34 U.S.C. 10389). 21 (5) LAW ENFORCEMENT OFFICER.—The term 22 ‘‘law enforcement officer’’ means a public servant 23 authorized by State, local, or Tribal law or by a 24 State, local, or Tribal government agency to— 25 VerDate Sep 11 2014 05:32 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4271.IS S4271 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4271 IS (A) engage in or supervise the prevention, 1 detection, investigation, or prosecution of an of- 2 fense; or 3 (B) supervise sentenced criminal offenders. 4 (6) PETITIONER.—The term ‘‘petitioner’’ 5 means an individual authorized under State or Trib- 6 al law to petition for an extreme risk protection 7 order. 8 (7) STATE.—The term ‘‘State’’ means— 9 (A) a State; 10 (B) the District of Columbia; 11 (C) the Commonwealth of Puerto Rico; 12 and 13 (D) any other territory or possession of the 14 United States. 15 (8) UNIT OF LOCAL GOVERNMENT.—The term 16 ‘‘unit of local government’’ has the meaning given 17 the term in section 901 of the Omnibus Crime Con- 18 trol and Safe Streets Act of 1968 (34 U.S.C. 19 10251). 20 SEC. 202. EXTREME RISK PROTECTION GRANT PROGRAM. 21 (a) IN GENERAL.—The Director of the Office of 22 Community Oriented Policing Services of the Department 23 of Justice shall establish a program under which, from 24 amounts made available to carry out this section, the Di- 25 VerDate Sep 11 2014 05:32 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4271.IS S4271 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4271 IS rector may make grants to eligible entities to assist in car- 1 rying out the provisions of the legislation described in sec- 2 tion 203. 3 (b) USE OF FUNDS.—Funds awarded under this sec- 4 tion may be used by an applicant to— 5 (1) enhance the capacity of law enforcement 6 agencies and the courts of a State, unit of local gov- 7 ernment, or Indian Tribe by providing personnel, 8 training, technical assistance, data collection, and 9 other resources to carry out legislation described in 10 section 203; 11 (2) train judges, court personnel, and law en- 12 forcement officers to more accurately identify indi- 13 viduals whose access to firearms poses a danger of 14 causing harm to themselves or others by increasing 15 the risk of firearms suicide or interpersonal violence; 16 (3) develop and implement law enforcement and 17 court protocols, forms, and orders so that law en- 18 forcement agencies and the courts may carry out the 19 provisions of the legislation described in section 203 20 in a safe and effective manner, including through 21 the removal and storage of firearms pursuant to ex- 22 treme risk protection orders under the legislation; 23 and 24 VerDate Sep 11 2014 05:32 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4271.IS S4271 kjohnson on DSK79L0C42PROD with BILLS 12 •S 4271 IS (4) raise public awareness and understanding of 1 the legislation described in section 203 so that ex- 2 treme risk protection orders may be issued in appro- 3 priate situations to reduce the risk of firearms-re- 4 lated death and injury. 5 (c) APPLICATION.—An eligible entity desiring a grant 6 under this section shall submit to the Attorney General 7 an application at such time, in such manner, and con- 8 taining or accompanied by such information as the Attor- 9 ney General may reasonably require. 10 (d) INCENTIVES.—For each of fiscal years 2020 11 through 2024, the Attorney General shall give affirmative 12 preference in awarding any discretionary grant awarded 13 by the Bureau of Justice Assistance to a State or Indian 14 Tribe that has enacte [Text truncated for display. 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