Firearm Risk Protection Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 2538 To prohibit the sale of a firearm to, and the purchase of a firearm by, a person who is not covered by appropriate liability insurance coverage. IN THE HOUSE OF REPRESENTATIVES APRIL 6, 2023 Mr. TAKANO introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the sale of a firearm to, and the purchase of a firearm by, a person who is not covered by appropriate liability insurance coverage. 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 ‘‘Firearm Risk Protec- 4 tion Act of 2023’’. 5 VerDate Sep 11 2014 21:06 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2538.IH H2538 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2538 IH SEC. 2. PROHIBITIONS ON SALE OF FIREARM TO, AND PUR- 1 CHASE OF FIREARM BY, A PERSON NOT COV- 2 ERED BY APPROPRIATE LIABILITY INSUR- 3 ANCE. 4 (a) PROHIBITIONS.—Section 922 of title 18, United 5 States Code, is amended by adding at the end the fol- 6 lowing: 7 ‘‘(aa)(1)(A)(i) It shall be unlawful for a person to 8 purchase a firearm unless, at the time of the purchase, 9 the purchaser presents to the seller proof that the pur- 10 chaser is covered by a qualified liability insurance policy. 11 ‘‘(ii) It shall be unlawful for a person to sell a firearm 12 unless, at the time of the sale, the seller verifies that the 13 purchaser is covered by a qualified liability insurance pol- 14 icy. 15 ‘‘(iii) It shall be unlawful for a person who owns a 16 firearm purchased on or after the effective date of this 17 subsection not to be covered by a qualified liability insur- 18 ance policy. 19 ‘‘(B) Subparagraph (A) shall not apply to the pur- 20 chase or sale of a firearm for the use of the United States 21 or any department or agency of the United States, or any 22 State or any department, agency, or political subdivision 23 of a State. 24 VerDate Sep 11 2014 21:06 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2538.IH H2538 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2538 IH ‘‘(2) In paragraph (1), the term ‘qualified liability in- 1 surance policy’ means, with respect to the purchaser of 2 a firearm, a policy that— 3 ‘‘(A) provides liability insurance covering the 4 purchaser specifically for losses resulting from use of 5 the firearm while it is owned by the purchaser; and 6 ‘‘(B) is issued by an insurer licensed or author- 7 ized to provide the coverage by the State insurance 8 regulatory authority for the State in which the pur- 9 chaser resides.’’. 10 (b) PENALTY.—Section 924 of such title is amended 11 by adding at the end the following: 12 ‘‘(q) Whoever violates section 922(aa) shall be fined 13 not more than $10,000.’’. 14 (c) EFFECTIVE DATE.—The amendments made by 15 this section shall apply to conduct engaged in after the 16 180-day period that begins with the date of the enactment 17 of this Act. 18 Æ VerDate Sep 11 2014 21:06 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H2538.IH H2538 kjohnson on DSK79L0C42PROD with BILLS