Shall Not Be Infringed Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3212 To repeal each gun control measure enacted by the 117th Congress, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 11, 2023 Mrs. BOEBERT (for herself, Mrs. MILLER of Illinois, Mr. NEHLS, Mr. NOR- MAN, Mr. OGLES, Mr. DONALDS, Mr. GOSAR, Mr. DUNCAN, Mr. DAVID- SON, Mrs. HARSHBARGER, Mr. BRECHEEN, Mr. BISHOP of North Caro- lina, Mr. ROSENDALE, and Mr. WEBER of Texas) introduced the fol- lowing bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Armed Services, Veterans’ Affairs, Energy and Commerce, and Appropriations, 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 repeal each gun control measure enacted by the 117th Congress, 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 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Shall Not Be Infringed Act of 2023’’. 5 VerDate Sep 11 2014 23:56 May 23, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3212 IH (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title. Sec. 2. Repealing gun control appropriations for fiscal year 2023 and other pro- visions. Sec. 3. Repeal of the unconstitutional compromise by Senators Cornyn and Murphy. Sec. 4. Repeal of the NICS Denial Notification Act of 2022. Sec. 5. Repeal of special assistant U.S. Attorneys and cross-deputized attorneys enforcing Federal gun control laws. Sec. 6. Repeal of unconstitutional pilot program on safe storage of personally owned firearms. SEC. 2. REPEALING GUN CONTROL APPROPRIATIONS FOR 3 FISCAL YEAR 2023 AND OTHER PROVISIONS. 4 (a) ELIMINATING ATF BUDGET INCREASE.—Of the 5 unobligated balances of the amounts made available under 6 the heading ‘‘SALARIES AND EXPENSES’’ under the head- 7 ing ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 8 EXPLOSIVES’’ under title II of division B of Public Law 9 117–328, $140,929,000 is rescinded. 10 (b) PREVENTING GUN REGISTRY EXPANSION.—No 11 funds made available to the Bureau of Alcohol, Tobacco, 12 Firearms and Explosives under Public Law 117–328, or 13 any other Act, may be used to consolidate firearms tracing 14 applications through an eTrace modernization effort with 15 enhanced data sharing capabilities. 16 (c) PROTECTING VETERANS FROM GUN CONFISCA- 17 TION.—No Federal funds, including amounts made avail- 18 able for medical centers of the Department of Veterans 19 Affairs, may be used on programs or protocols on firearm 20 VerDate Sep 11 2014 23:56 May 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3212 IH safety and storage or gun confiscation laws (also known 1 as ‘‘extreme risk protection’’ orders and ‘‘red flag’’ laws) 2 or similar gun safety laws including by collaboration with 3 State or local law enforcement or health officials of any 4 State. 5 (d) PROTECTING VETERANS ACCESS TO FIRE- 6 ARMS.—No Federal funds, including amounts made avail- 7 able for the Department of Veterans Affairs, may used 8 to evaluate or implement a firearm storage program for 9 firearms, including any program under which individuals 10 will be asked how they store their firearms. 11 (e) PREVENTING THE DEPARTMENT OF EDUCATION 12 FROM VIOLATING THE PRIVACY OF GUN OWNING PAR- 13 ENTS.—The Department of Education shall cease any 14 program related to secure firearm storage, including any 15 efforts by the Department of Education to offer support 16 to Federal agencies that are leading efforts relating to se- 17 cure household firearm storage. 18 (f) PREVENTING HHS FROM IMPLEMENTING GUN 19 CONFISCATION POLICIES OR PROMOTING REDUCED AC- 20 CESS TO THE SECOND AMENDMENT.—The Secretary of 21 Health and Human Services— 22 (1) shall immediately cease carrying out any 23 program relating to access to firearms, including any 24 program carried out by the Substance Abuse and 25 VerDate Sep 11 2014 23:56 May 23, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3212 IH Mental Health Services Administration that limits, 1 or promotes limited access to, firearms; and 2 (2) shall not establish, promote, maintain, or 3 receive gun storage maps for any purpose, such as 4 to facilitate out-of-home firearm storage or encour- 5 age the creation or use of gun confiscation laws, also 6 known as ‘‘red flag’’ orders or ‘‘extreme risk’’ laws. 7 (g) REDUCING ATF BENEFITS.—Section 3201 of the 8 Crime Control Act of 1990 (28 U.S.C. 509 note) is 9 amended— 10 (1) by striking ‘‘the Federal Prison System, the 11 Bureau of Alcohol, Tobacco, Firearms and Explo- 12 sives, or the United States Marshals Service’’ and 13 inserting ‘‘or the Immigration and Naturalization 14 Service’’; and 15 (2) by striking ‘‘$50,000’’ and inserting 16 ‘‘$25,000’’. 17 (h) RESCISSION OF UNUSED GUN CONTROL EAR- 18 MARK FUNDING.—Of the amounts made available under 19 paragraph (1)(Q) of the matter under the heading ‘‘OF- 20 FICE OF JUSTICE PROGRAMS’’ under the heading ‘‘OFFICE 21 OF JUSTICE PROGRAMS’’ under title II of division B of 22 the Consolidated Appropriations Act, 2023 (Public Law 23 117–328), the unobligated balances of the amounts made 24 available for the following, as described in House Report 25 VerDate Sep 11 2014 23:56 May 23, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3212 IH 117–395 or the document of the Committee on Appropria- 1 tions of the Senate entitled ‘‘Commerce, Justice, Science 2 and Related Agencies [Community Project Spending/Con- 3 gressionally Directed Spending]’’ and dated December 19, 4 2022, are rescinded: 5 (1) $1,200,000 to Shaphat Outreach for a 6 project entitled ‘‘No Shots Fired’’. 7 (2) $120,000 to Full Gospel Christian Assem- 8 blies International for a project entitled ‘‘Orchid 9 Healing Circles for Victims of Gun Violence’’. 10 (3) $750,000 to the Lake County State’s Attor- 11 ney for the project entitled ‘‘Lake County Gun Vio- 12 lence Prevention Initiative’’. 13 (4) $4,600,000 to the City of Hampton for a 14 project entitled ‘‘Hampton Gun Violence Interven- 15 tion Program’’. 16 (5) $760,000 to the City of Newport News for 17 a project entitled ‘‘Gun Violence and Violent Crime 18 Reduction Initiative’’. 19 (6) $67,000 to Congregations Organized for a 20 New Connecticut for a project entitled ‘‘Fostering 21 Greater Gun Safety in the New Haven Area’’. 22 (7) $237,000 to the Regional Youth Adult and 23 Social Action Partnership for a project entitled 24 ‘‘Bridgeport Gun Violence Prevention’’. 25 VerDate Sep 11 2014 23:56 May 23, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3212 IH (8) $350,000 to the City of Chicago for a 1 project entitled ‘‘Assistance to Chicagoans Who Be- 2 come Disabled As a Result of Gun and Community 3 Violence’’. 4 (9) $1,000,000 to the Providence Police De- 5 partment for a project entitled ‘‘Crime and Gun Vio- 6 lence Reduction Initiative’’. 7 (10) $830,000 to the City of Vallejo for a 8 project entitled ‘‘The Vallejo Gun Violence Preven- 9 tion Initiative’’. 10 (11) $1,000,000 to University of New Haven 11 for a project entitled ‘‘Community-Based Gun Vio- 12 lence Reduction Project at the University of New 13 Haven’’. 14 (i) PREVENTING ANTI-GUN ACTIVISM BY CDC AND 15 NIH.— 16 (1) IN GENERAL.—The Director of the Centers 17 for Disease Control and Prevention and the Director 18 of the National Institutes of Health shall not fund 19 or carry out any research relating to firearm injury 20 or mortality prevention that treats crime as a public 21 health epidemic, including advocating, promoting, or 22 studying firearm-related restrictions or policies; fire- 23 arm disenfranchisement, bans, confiscation, or reg- 24 istration, or other gun control measures; and any 25 VerDate Sep 11 2014 23:56 May 23, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3212 IH other restriction on firearms or other self defense 1 tools. 2 (2) PROTECTION FOR NON-POLITICAL RE- 3 SEARCH.—The Director of the Centers for Disease 4 Control and Prevention and the Director of the Na- 5 tional Institutes of Health may carry out research 6 on medical procedures, practices, treatments, medi- 7 cines, and therapies related to firearm injuries and 8 recovery. 9 (j) GUN RIGHTS ARE WOMEN’S RIGHTS.— 10 (1) IN GENERAL.—The Director of the Office 11 on Violence Against Women may not carry out an 12 initiative to reduce the lethality of firearms. 13 (2) SECOND AMENDMENT EXERCISE.—This 14 subsection shall not be construed to prevent the en- 15 couragement and training of women to exercise the 16 right to self defense protected under the Second 17 Amendment to the Constitution of the United 18 States. 19 (k) PREVENTING MISUSE OF COMMUNITY VIOLENCE 20 INTERVENTION INITIATIVES.—Amounts appropriated 21 under Federal law may not be used for community vio- 22 lence intervention and prevention in a manner that results 23 in the denial, without due process, of the exercise of the 24 VerDate Sep 11 2014 23:56 May 23, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3212 IH right of an individual under the Second Amendment to 1 the Constitution of the United States. 2 (l) PREVENTING THE TARGETING OF PATRIOTS AS 3 DOMESTIC VIOLENT EXTREMISTS.— 4 (1) IN GENERAL.—Amounts appropriated under 5 Federal law may not be used to investigate a citizen 6 of the United States or an organization based solely 7 on— 8 (A) patriotism; 9 (B) the belief that gun control is unconsti- 10 tutional or a violation of the Second Amend- 11 ment to the Constitution of the United States; 12 or 13 (C) reference to, affiliation with, or pro- 14 motion of— 15 (i) the Revolutionary War; or 16 (ii) founding era ideology, imagery, 17 symbols, or quotes, including— 18 (I) the Gadsden flag; 19 (II) the Liberty Tree; 20 (III) the Betsy Ross flag; 21 (IV) Minutemen; or 22 (V) the Second Amendment to 23 the Constitution of the United States. 24 VerDate Sep 11 2014 23:56 May 23, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 3212 IH (2) RULE OF CONSTRUCTION.—This subsection 1 shall not be construed to prevent the education of 2 lawmakers and employees or agents of a Federal, 3 State or local governmental agency about the text 4 and history of the Second Amendment to the Con- 5 stitution of the United States. 6 SEC. 3. REPEAL OF THE UNCONSTITUTIONAL COMPROMISE 7 BY SENATORS CORNYN AND MURPHY. 8 (a) SECTION 12001 OF THE BIPARTISAN SAFER 9 COMMUNITIES ACT.— 10 (1) UNITED STATES CODE.—Section 922 of 11 title 18, United States Code, is amended— 12 (A) in subsection (d)— 13 (i) in the matter preceding paragraph 14 (1), by striking ‘‘, including as a juvenile’’; 15 and 16 (ii) in paragraph (4), by striking ‘‘at 17 16 years of age or older’’; and 18 (B) in subsection (t)— 19 (i) in paragraph (1)— 20 (I) in subparagraph (B)(ii)— 21 (aa) by striking ‘‘subject to 22 subparagraph (C)’’; and 23 (bb) by adding ‘‘and’’ at the 24 end; 25 VerDate Sep 11 2014 23:56 May 23, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 3212 IH (II) by striking subparagraph 1 (C); and 2 (III) by redesignating subpara- 3 graph (D) as subparagraph (C); 4 (ii) in paragraph (2)— 5 (I) by striking ‘‘transfer or’’; and 6 (II) by striking ‘‘(d), (g), or (n) 7 (as applicable)’’ and inserting ‘‘(g) or 8 (n)’’; 9 (iii) in paragraph (4)— 10 (I) by striking ‘‘transfer of a fire- 11 arm to or’’; and 12 (II) by striking ‘‘(d), (g), or (n) 13 (as applicable)’’ and inserting ‘‘(g) or 14 (n)’’; and 15 (iv) in paragraph (5)— 16 (I) by striking ‘‘transfer of a fire- 17 arm to or’’; and 18 (II) by striking ‘‘(d), (g), or (n) 19 (as applicable)’’ and inserting ‘‘(g) or 20 (n)’’. 21 (2) NICS REQUIREMENTS.— 22 (A) BRADY HANDGUN VIOLENCE PREVEN- 23 TION ACT.—Section 103 of the Brady Handgun 24 VerDate Sep 11 2014 23:56 May 23, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 3212 IH Violence Prevention Act (34 U.S.C. 40901) is 1 amended by striking subsection (l). 2 (B) REPORT ON REMOVING OUTDATED, 3 EXPIRED, OR ERRONEOUS RECORDS.—Section 4 12001(b) of the Bipartisan Safer Communities 5 Act (34 U.S.C. 40910 note; Public Law 117– 6 159) is repealed. 7 (b) SECTION 12002 OF THE BIPARTISAN SAFER 8 COMMUNITIES ACT.—Section 921(a) of title 18, United 9 States Code, is amended— 10 (1) in paragraph (21)(C), by striking ‘‘to pre- 11 dominantly earn a profit’’ and inserting ‘‘with the 12 principal objective of livelihood and profit’’; 13 (2) by striking paragraph (22); and 14 (3) by redesignating paragraphs (23) through 15 (30) as paragraphs (22) through (29), respectively. 16 (c) SECTION 12003 OF THE BIPARTISAN SAFER 17 COMMUNITIES ACT.— 18 (1) BYRNE JAG PROGRAM.—Section 501(a)(1) 19 of title I of the Omnibus Crime Control and Safe 20 Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is 21 amended— 22 (A) in the matter preceding subparagraph 23 (A), by striking ‘‘or civil proceedings’’; and 24 (B) by striking subparagraph (I). 25 VerDate Sep 11 2014 23:56 May 23, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 3212 IH (2) ANNUAL REPORT ON CRISIS INTERVENTION 1 PROGRAMS.—Section 501 of title I of the Omnibus 2 Crime Control and Safe Streets Act of 1968 (34 3 U.S.C. 10152) is amended by striking subsection 4 (h). 5 (d) SECTION 12005 OF THE BIPARTISAN SAFER 6 COMMUNITIES ACT.— 7 (1) DEFINING ‘‘DATING RELATIONSHIP’’.—Sec- 8 tion 921(a) of title 18, United States Code, is 9 amended— 10 (A) in paragraph (33)(A)(ii)— 11 (i) by striking ‘‘by a person similarly’’ 12 and inserting ‘‘or by a person similarly’’; 13 and 14 (ii) by striking ‘‘, or by a person who 15 has a current or recent former dating rela- 16 tionship with the victim’’; and 17 (B) by striking paragraph (37). 18 (2) ELIMINATING UNCONSTITUTIONAL PROHIB- 19 ITED PERSON CATEGORY.—Not later than 30 days 20 after the date of enactment of this Act, the Attorney 21 General shall— 22 (A) remove each name added to the na- 23 tiona [Text truncated for display. 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