Kimberly Vaughan Firearm Safe Storage Act

I 118TH CONGRESS 1ST SESSION H. R. 52 To make unlawful the sale of any firearm by a licensed manufacturer, licensed importer, or licensed dealer without a written notice promoting safe storage and a safe storage device, to create and disseminate best prac- tices regarding safe firearm storage, to create a grant program for the distribution of safe storage devices, and to amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 9, 2023 Ms. JACKSON LEE introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on 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 juris- diction of the committee concerned A BILL To make unlawful the sale of any firearm by a licensed manufacturer, licensed importer, or licensed dealer with- out a written notice promoting safe storage and a safe storage device, to create and disseminate best practices regarding safe firearm storage, to create a grant pro- gram for the distribution of safe storage devices, and to amend the Internal Revenue Code of 1986 to allow for a credit against tax for sales at retail of safe firearm storage devices, and for other purposes. VerDate Sep 11 2014 22:54 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H52.IH H52 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 52 IH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Kimberly Vaughan 4 Firearm Safe Storage Act’’. 5 SEC. 2. BEST PRACTICES FOR SAFE FIREARM STORAGE. 6 (a) ESTABLISHMENT.— 7 (1) IN GENERAL.— 8 (A) Not later than 180 days after the en- 9 actment of this Act, the Attorney General shall 10 establish voluntary best practices relating to 11 safe firearm storage solely for the purpose of 12 public education. 13 (B) The Attorney General shall give not 14 less than ninety days public notice, and shall af- 15 ford interested parties opportunity for hearing, 16 before establishing such best practices. 17 (2) REQUIREMENTS.—In establishing the best 18 practices required under paragraph (1), the Attorney 19 General shall outline such best practices for pre- 20 venting firearm loss, theft, and other unauthorized 21 access for the following locations: 22 (A) Businesses. 23 (B) Vehicles. 24 (C) Private homes. 25 VerDate Sep 11 2014 22:54 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H52.IH H52 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 52 IH (D) Off-site storage facilities. 1 (E) Any other such place the Attorney 2 General deems appropriate to provide such 3 guidance. 4 (3) PUBLICATION.—Not later than 1 year after 5 the enactment of this Act, the Attorney General 6 shall publish, in print and on a public website, the 7 best practices created pursuant to paragraph (1) 8 and shall review such best practices and update 9 them not less than annually. 10 SEC. 3. PROMOTION OF SAFE FIREARM STORAGE. 11 (a) IN GENERAL.—Section 923 of title 18, United 12 States Code, is amended by adding at the end the fol- 13 lowing: 14 ‘‘(m) Beginning on January 1, 2025, licensed manu- 15 facturers and licensed importers that serialize not less 16 than 250 firearms annually pursuant to subsection (i) 17 shall provide a clear and conspicuous written notice with 18 each manufactured or imported handgun, rifle, or shotgun 19 that— 20 ‘‘(1) is attached or adhered to, or appears on 21 or within any packaging of, each handgun, rifle, or 22 shotgun; and 23 ‘‘(2) states ‘SAFE STORAGE SAVES LIVES’ 24 followed by the address of the public website estab- 25 VerDate Sep 11 2014 22:54 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H52.IH H52 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 52 IH lished by the Attorney General pursuant to section 1 2 of the Kimberly Vaughan Firearm Safe Storage 2 Act.’’. 3 SEC. 4. SAFE STORAGE DEVICES FOR ALL FIREARM SALES. 4 (a) IN GENERAL.—Section 922(z) of title 18, United 5 States Code, is amended by striking ‘‘handgun’’ each place 6 it appears and inserting ‘‘handgun, rifle, or shotgun’’. 7 (b) EFFECTIVE DATE.—This section and the amend- 8 ments made by this section shall take effect on the date 9 that is 180 days after the enactment of this Act. 10 SEC. 5. SAFE FIREARM STORAGE GRANT PROGRAM. 11 (a) IN GENERAL.—The Attorney General may award 12 grants to States and Indian Tribes for the development, 13 implementation, and evaluation of Safe Firearm Storage 14 Assistance Programs. 15 (b) DEFINITIONS.—For purposes of this section: 16 (1) The term ‘‘safe firearm storage device’’ 17 means a device that is— 18 (A) designed and marketed for the prin- 19 cipal purpose of denying unauthorized access to, 20 or rendering inoperable, a firearm or ammuni- 21 tion; and 22 (B) secured by a combination lock, key 23 lock, or lock based on biometric information 24 which, once locked, is incapable of being opened 25 VerDate Sep 11 2014 22:54 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H52.IH H52 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 52 IH without the combination, key, or biometric in- 1 formation, respectively. 2 (2) The term ‘‘Safe Firearm Storage Assistance 3 Program’’ means a program— 4 (A) carried out by a unit of local govern- 5 ment or an Indian tribe; and 6 (B) solely for the purpose of acquiring and 7 distributing safe firearm storage devices to the 8 public. 9 (c) APPLICATION REQUIREMENTS.—Each applicant 10 for a grant under this section shall— 11 (1) submit to the Attorney General an applica- 12 tion at such time, in such a manner, and containing 13 such information as the Attorney General may re- 14 quire; and 15 (2) to the extent practicable, identify State, 16 local, Tribal, and private funds available to supple- 17 ment the funds received under this section. 18 (d) REPORTING REQUIREMENT.— 19 (1) GRANTEE REPORT.—A recipient of a grant 20 under this section shall submit to the Attorney Gen- 21 eral an annual report, which includes the following 22 information: 23 VerDate Sep 11 2014 22:54 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H52.IH H52 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 52 IH (A) The amount distributed to each Safe 1 Firearm Storage Assistance Program in the ju- 2 risdiction. 3 (B) The number of safe firearm storage 4 devices distributed by each such Safe Firearm 5 Storage Assitance Program. 6 A recipient of a grant under this section may not in- 7 clude any personally identifying information of re- 8 cipients of safe firearms storage devices pursuant to 9 a Safe Firearm Storage Assistance Program that re- 10 ceived funding pursuant to this section. 11 (2) ATTORNEY GENERAL REPORT.—Beginning 12 13 months after the first grants are awarded under 13 this section, and annually thereafter, the Attorney 14 General shall submit to Congress a report, which 15 shall include the following information: 16 (A) A list of grant recipients during the 17 previous year, including the funds awarded, cu- 18 mulatively and disaggregated by grantee. 19 (B) The information collected pursuant to 20 subsection (d)(1). 21 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 22 authorized to be appropriated to the Attorney General to 23 carry out this section $10,000,000 for each of fiscal years 24 2023 through 2033, to remain available until expended. 25 VerDate Sep 11 2014 02:18 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H52.IH H52 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 52 IH (f) USE OF FUNDS.—Funds awarded under this sec- 1 tion shall be allocated as follows: 2 (1) Not less than 75 percent of the funds re- 3 ceived by a grantee shall be used to create or to pro- 4 vide resources for Safe Firearm Storage Assistance 5 Programs in the jurisdiction. 6 (2) Not more than 25 percent of the funds re- 7 ceived by a grantee may be made available to non- 8 profit organizations to partner with units of local 9 government to purchase and distribute safe firearm 10 storage devices. 11 SEC. 6. PREVENT FAMILY FIRE SAFE FIREARM STORAGE 12 CREDIT. 13 (a) IN GENERAL.—Subpart D of part IV of sub- 14 chapter A of chapter 1 of the Internal Revenue Code of 15 1986 is amended by adding at the end the following new 16 section: 17 ‘‘SEC. 45U. SAFE FIREARM STORAGE CREDIT. 18 ‘‘(a) ALLOWANCE OF CREDIT.—For purposes of sec- 19 tion 38, the safe firearm storage credit determined under 20 this section for the taxable year is an amount equal to 21 10 percent of amounts received from the first retail sale 22 of a safe firearm storage device for use within the United 23 States. 24 ‘‘(b) LIMITATION.— 25 VerDate Sep 11 2014 22:54 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H52.IH H52 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 52 IH ‘‘(1) IN GENERAL.—The amount taken into ac- 1 count under subsection (a) with respect to a safe 2 firearm storage device shall not exceed $400. 3 ‘‘(2) VALUE.—If, in connection with a sale of a 4 safe firearm storage device, the transferee receives 5 other property, the amount taken into account under 6 subsection (a) shall be limited to the amount re- 7 ceived solely with respect to the safe firearm storage 8 device, which shall be determined based on the value 9 of the safe firearm storage device relative to the 10 value of such other property. 11 ‘‘(c) SAFE FIREARM STORAGE DEVICE.—For pur- 12 poses of this section— 13 ‘‘(1) IN GENERAL.—The term ‘safe firearm 14 storage device’ means a device that is— 15 ‘‘(A) designed and marketed for the prin- 16 cipal purpose of denying unauthorized access to, 17 or rendering inoperable, a firearm or ammuni- 18 tion, and 19 ‘‘(B) secured by a combination lock, key 20 lock, or lock based on biometric information 21 which, once locked, is incapable of being opened 22 without the combination, key, or biometric in- 23 formation, respectively. 24 VerDate Sep 11 2014 22:54 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H52.IH H52 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 52 IH ‘‘(2) EXCLUSION.—The term ‘safe firearm stor- 1 age device’ does not include— 2 ‘‘(A) any device which is incorporated to 3 any extent into the design of a firearm or of 4 ammunition, or 5 ‘‘(B) any device that, as of the day of the 6 sale described in subsection (a), has been sub- 7 ject to a mandatory recall by the Consumer 8 Product Safety Commission. 9 ‘‘(3) FIREARM; AMMUNITION.—The terms ‘fire- 10 arm’ and ‘ammunition’ have the meanings given 11 such terms in section 921 of title 18, United States 12 Code (without regard to all that follows ‘firearm si- 13 lencer ’ in paragraph (3) of such section). 14 ‘‘(d) TERMINATION.—This section shall not apply to 15 sales after December 31, 2030.’’. 16 (b) CREDIT MADE PART OF GENERAL BUSINESS.— 17 Subsection (b) of section 38 of the Internal Revenue Code 18 of 1986 is amended by striking ‘‘plus’’ at the end of para- 19 graph (32), by striking the period at the end of paragraph 20 (33) and inserting ‘‘, plus’’, and by adding at the end the 21 following new paragraph: 22 ‘‘(34) the safe firearm storage credit deter- 23 mined under section 45U.’’. 24 VerDate Sep 11 2014 22:54 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H52.IH H52 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 52 IH (c) CLERICAL AMENDMENT.—The table of sections 1 for subpart D of part IV of subchapter A of chapter 1 2 of such Code is amended by adding at the end the fol- 3 lowing new item: 4 ‘‘Sec. 45U. Safe firearm storage credit.’’. (d) REPORT.—The Secretary of the Treasury shall 5 make publicly available an annual report of the total 6 amount of credit against tax determined under section 7 45U of such Code for taxable years ending in the pre- 8 ceding calendar year, disaggregated by State. 9 (e) EFFECTIVE DATE.—The amendments made by 10 this section shall apply to taxable years beginning after 11 the date of the enactment of this Act. 12 SEC. 7. SEVERABILITY. 13 If any provision of this Act, or an amendment made 14 by this Act, or the application of such provision to any 15 person or circumstance, is held to be invalid, the remain- 16 der of this Act, or an amendment made by this Act, or 17 the application of such provision to other persons or cir- 18 cumstances, shall not be affected. 19 Æ VerDate Sep 11 2014 22:54 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H52.IH H52 pbinns on DSKJLVW7X2PROD with $$_JOB