What This Bill Does
This bill creates a grant program that gives money to states, local governments and Indian tribes to develop and run handgun licensing programs. The bill defines a handgun using the same definition found in federal firearms law.
Who It Affects
States, units of local government and Indian tribes that want to create or improve handgun licensing programs. The Attorney General (the head of the U.S. Department of Justice) who administers the grants. Individuals who want to buy handguns in states with licensing requirements.
Key Provisions
• The Attorney General can award grants to states, local governments and Indian tribes to develop, implement and evaluate handgun purchaser licensing requirements (Sec. 3062(a))
• States and local governments must have a handgun licensing law in place before they can receive grant money. The law must require applicants to be at least 21 years old, be a U.S. citizen or lawfully admitted permanent resident, apply through a local law enforcement agency and reapply every 5 years or less (Sec. 3062(d)(1))
• Applicants for a handgun license must undergo a background investigation, criminal history check and submit fingerprints and photographs to make sure they are not prohibited from owning firearms under federal law (Sec. 3062(d)(1)(D))
• People who are prohibited from possessing firearms under federal law cannot receive a handgun purchasing license or permit (Sec. 3062(d)(2))
• The Attorney General must award grants within 90 days after Congress appropriates money for the program (Sec. 3062(b))
What Changes
If this bill becomes law, the federal government will create a new grant program to help states and local governments set up handgun licensing systems. States that pass handgun licensing laws can apply for federal money to implement and improve those programs.
Important Definitions
The bill defines "handgun" by referring to the same definition used in federal firearms law (section 921(a) of title 18, United States Code). The bill does not provide the specific definition in its text.
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 117
To authorize a grant program for handgun licensing programs, and for
other purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY 26, 2023
Mr. VAN HOLLEN (for himself, Mr. BLUMENTHAL, and Mr. MURPHY) intro-
duced the following bill; which was read twice and referred to the Com-
mittee on the Judiciary
A BILL
To authorize a grant program for handgun licensing
programs, 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 ‘‘Handgun Permit to
4
Purchase Act’’.
5
SEC. 2. FINDINGS.
6
Congress finds as follows:
7
(1) In 2020, 59 percent of firearm homicides in
8
the United States for which a firearm type was spec-
9
ified were committed with a handgun.
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•S 117 IS
(2) Research by top national experts show
1
that—
2
(A) adoption of handgun purchaser licens-
3
ing laws are associated with significant reduc-
4
tions in firearm-related homicides; and
5
(B) repeal of handgun purchaser licensing
6
laws are associated with significant increases in
7
firearm-related homicides.
8
(3) Research on the effects of the adoption of
9
a handgun purchaser licensing law in Connecticut in
10
1995 showed—
11
(A) a 27.8-percent reduction in the rate of
12
firearm homicide; and
13
(B) a 32.8-percent reduction in firearm
14
suicide rates.
15
(4) Published research has shown that the re-
16
peal of a handgun purchaser licensing law in Mis-
17
souri in 2007 was associated with—
18
(A) a 47.3-percent increase in the rate of
19
firearm homicide; and
20
(B) a 23.5-percent increase in firearm sui-
21
cide rates.
22
(5) In States that have had effective handgun
23
purchaser licensing laws for decades, such as Con-
24
necticut, Massachusetts, New Jersey, and New York,
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•S 117 IS
the vast majority of firearms traced to crimes origi-
1
nated in States that do not have handgun purchaser
2
licensing laws, which supports the need for handgun
3
purchaser licensing laws in every State.
4
(6) Research has shown that States with hand-
5
gun purchaser licensing laws export far fewer fire-
6
arms for criminal use in other States than States
7
that lack handgun purchaser licensing laws.
8
SEC. 3. GRANT PROGRAM AUTHORIZED FOR HANDGUN LI-
9
CENSING.
10
(a) IN GENERAL.—Title I of the Omnibus Crime
11
Control and Safe Streets Act of 1968 (34 U.S.C. 10101
12
et seq.) is amended by adding at the end the following:
13
‘‘PART PP—HANDGUN LICENSING GRANT
14
PROGRAM
15
‘‘SEC. 3061. DEFINITION.
16
‘‘In this part, the term ‘handgun’ has the meaning
17
given the term in section 921(a) of title 18, United States
18
Code.
19
‘‘SEC. 3062. GRANT PROGRAM.
20
‘‘(a) IN GENERAL.—The Attorney General may
21
award grants to States, units of local government, and In-
22
dian tribes for the development, implementation, and eval-
23
uation of handgun purchaser licensing requirements.
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•S 117 IS
‘‘(b) PROGRAM AUTHORIZED.—From the amounts
1
appropriated to carry out this part, and not later than
2
90 days after such amounts are appropriated, the Attor-
3
ney General shall award grants, on a competitive basis,
4
to eligible applicants whose applications are approved
5
under subsection (c) to assist such applicants in imple-
6
menting and improving handgun purchaser licensing pro-
7
grams.
8
‘‘(c) APPLICATION.—To be eligible to receive a grant
9
under this part, a State, unit of local government, or In-
10
dian tribe shall submit to the Attorney General an applica-
11
tion at such time, in such manner, and containing such
12
information as the Attorney General may require, includ-
13
ing—
14
‘‘(1) a description of the law that the applicant
15
has enacted to require a license for any purchase of
16
a handgun, including a description of any exemp-
17
tions to such law; and
18
‘‘(2) a description of how the applicant will use
19
the grant to carry out or improve its handgun pur-
20
chaser licensing program.
21
‘‘(d) ELIGIBILITY REQUIREMENTS.—To be eligible
22
for a grant under this part, an applicant shall have in ef-
23
fect a handgun purchaser licensing law that includes the
24
following requirements:
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•S 117 IS
‘‘(1) With respect to an individual applying for
1
a handgun license or permit—
2
‘‘(A) the individual shall be—
3
‘‘(i) not less than 21 years old; and
4
‘‘(ii) a citizen or national of the
5
United States or an alien lawfully admitted
6
for permanent residence (as those terms
7
are defined in section 101(a) of the Immi-
8
gration and Nationality Act (8 U.S.C.
9
1101(a)));
10
‘‘(B) the individual shall apply for the
11
handgun purchaser license or permit at a law
12
enforcement agency in the State in which the
13
individual resides;
14
‘‘(C) the individual shall reapply for the
15
handgun purchaser license or permit after a pe-
16
riod not longer than 5 years; and
17
‘‘(D) the individual shall, in connection
18
with the application for the handgun purchaser
19
license or permit—
20
‘‘(i) submit to a background investiga-
21
tion and a criminal history check, as estab-
22
lished by the State, which shall ensure, at
23
a minimum, that the individual is not pro-
24
hibited from possessing a firearm under
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•S 117 IS
section 922(g) of title 18, United States
1
Code; and
2
‘‘(ii) submit fingerprints and photo-
3
graphs.
4
‘‘(2) An individual who is prohibited from pos-
5
sessing a firearm under section 922(g) of title 18,
6
United States Code, may not be issued a handgun
7
purchasing license or permit.
8
‘‘(e) USE OF FUNDS.—Grant funds awarded under
9
this part shall be used to improve the handgun purchaser
10
licensing program of the grant recipient.’’.
11
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
12
1001(a) of title I of the Omnibus Crime Control and Safe
13
Streets Act of 1968 (34 U.S.C. 10261(a)) is amended by
14
adding at the end the following:
15
‘‘(29) There are authorized to be appropriated such
16
sums as may be necessary to carry out part PP.’’.
17
Æ
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