H.R.34
HR 34 IH
January 3, 2013
Mr. RUSH introduced the following bill; which was referred to the Committee on the Judiciary
- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
- (a) Short Title- This Act may be cited as `Blair Holt's Firearm Licensing and Record of Sale Act of 2013'.
- (b) Table of Contents- The table of contents for this Act is as follows:
- Sec. 1. Short title; table of contents.
- Sec. 2. Findings and purposes.
- Sec. 3. Definitions.
TITLE I--LICENSING
- Sec. 101. Licensing requirement.
- Sec. 102. Application requirements.
- Sec. 103. Issuance of license.
- Sec. 104. Renewal of license.
- Sec. 105. Revocation of license.
TITLE II--RECORD OF SALE OR TRANSFER
- Sec. 201. Sale or transfer requirements for qualifying firearms.
- Sec. 202. Firearm records.
TITLE III--ADDITIONAL PROHIBITIONS
- Sec. 301. Universal background check requirement.
- Sec. 302. Failure to maintain or permit inspection of records.
- Sec. 303. Failure to report loss or theft of firearm.
- Sec. 304. Failure to provide notice of change of address.
- Sec. 305. Child access prevention.
TITLE IV--ENFORCEMENT
- Sec. 401. Criminal penalties.
- Sec. 402. Regulations.
- Sec. 403. Inspections.
- Sec. 404. Orders.
- Sec. 405. Injunctive enforcement.
TITLE V--FIREARM INJURY INFORMATION AND RESEARCH
- Sec. 501. Duties of the Attorney General.
TITLE VI--EFFECT ON STATE LAW
- Sec. 601. Effect on State law.
- Sec. 602. Certification of State firearm licensing systems and State firearm record of sale systems.
TITLE VII--RELATIONSHIP TO OTHER LAW
- Sec. 701. Subordination to Arms Export Control Act.
TITLE VIII--INAPPLICABILITY
- Sec. 801. Inapplicability to governmental authorities.
TITLE IX--EFFECTIVE DATE
- Sec. 901. Effective date of amendments.
SEC. 2. FINDINGS AND PURPOSES.
- (a) Findings- Congress finds that--
- (1) the manufacture, distribution, and importation of firearms is inherently commercial in nature;
- (2) firearms regularly move in interstate commerce;
- (3) to the extent that firearms trafficking is
intrastate in nature, it arises out of and is substantially connected
with a commercial transaction, which, when viewed in the aggregate,
substantially affects interstate commerce;
- (4) because the intrastate and interstate trafficking
of firearms are so commingled, full regulation of interstate commerce
requires the incidental regulation of intrastate commerce;
- (5) gun violence in the United States is associated
with the majority of homicides, over half the suicides, and two-thirds
of non-fatal violent injuries; and
- (6) on the afternoon of May 10, 2007, Blair Holt, a
junior at Julian High School in Chicago, was killed on a public bus
riding home from school when he used his body to shield a girl who was
in the line of fire after a young man boarded the bus and started
shooting.
- (b) Sense of the Congress- It is the sense of the Congress that--
- (1) firearms trafficking is prevalent and widespread in
and among the States, and it is usually impossible to distinguish
between intrastate trafficking and interstate trafficking; and
- (2) it is in the national interest and within the role
of the Federal Government to ensure that the regulation of firearms is
uniform among the States, that law enforcement can quickly and
effectively trace firearms used in crime, and that firearms owners know
how to use and safely store their firearms.
- (c) Purposes- The purposes of this Act and the amendments made by this Act are--
- (1) to protect the public against the unreasonable risk
of injury and death associated with the unrecorded sale or transfer of
qualifying firearms to criminals and youth;
- (2) to ensure that owners of qualifying firearms are knowledgeable in the safe use, handling, and storage of those firearms;
- (3) to restrict the availability of qualifying firearms
to criminals, youth, and other persons prohibited by Federal law from
receiving firearms; and
- (4) to facilitate the tracing of qualifying firearms used in crime by Federal and State law enforcement agencies.
SEC. 3. DEFINITIONS.
- (a) In General- In this Act:
- (1) FIREARM; LICENSED DEALER; LICENSED MANUFACTURER;
STATE- The terms `firearm', `licensed dealer', `licensed manufacturer',
and `State' have the meanings given those terms in section 921(a) of
title 18, United States Code.
- (2) QUALIFYING FIREARM- The term `qualifying firearm'
has the meaning given the term in section 921(a) of title 18, United
States Code, as amended by subsection (b) of this section.
- (b) Amendment to Title 18, United States Code- Section
921(a) of title 18, United States Code, is amended by adding at the end
the following:
- `(36) The term `qualifying firearm'--
- `(A) means--
- `(i) any handgun; or
- `(ii) any semiautomatic firearm that can accept any detachable ammunition feeding device; and
- `(B) does not include any antique.'.
TITLE I--LICENSING
SEC. 101. LICENSING REQUIREMENT.
- Section 922 of title 18, United States Code, is amended by adding at the end the following:
- `(aa) Firearm Licensing Requirement-
- `(1) IN GENERAL- It shall be unlawful for any person
other than a licensed importer, licensed manufacturer, licensed dealer,
or licensed collector to possess a qualifying firearm on or after the
applicable date, unless that person has been issued a firearm license--
- `(A) under title I of Blair Holt's Firearm
Licensing and Record of Sale Act of 2013, which license has not been
invalidated or revoked under that title; or
- `(B) pursuant to a State firearm licensing and
record of sale system certified under section 602 of Blair Holt's
Firearm Licensing and Record of Sale Act of 2013, which license has not
been invalidated or revoked under State law.
- `(2) APPLICABLE DATE- In this subsection, the term `applicable date' means--
- `(A) with respect to a qualifying firearm that is
acquired by the person before the date of the enactment of Blair Holt's
Firearm Licensing and Record of Sale Act of 2013, 2 years after such
date of enactment; and
- `(B) with respect to a qualifying firearm that is
acquired by the person on or after the date of the enactment of Blair
Holt's Firearm Licensing and Record of Sale Act of 2013, 1 year after
such date of enactment.'.
SEC. 102. APPLICATION REQUIREMENTS.
- (a) In General- In order to be issued a firearm license
under this title, an individual shall submit to the Attorney General (in
accordance with the regulations promulgated under subsection (b)) an
application, which shall include--
- (1) a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant;
- (2) the name, address, and date and place of birth of the applicant;
- (3) any other name that the applicant has ever used or by which the applicant has ever been known;
- (4) a clear thumb print of the applicant, which shall
be made when, and in the presence of the entity to whom, the application
is submitted;
- (5) with respect to each category of person prohibited
by Federal law, or by the law of the State of residence of the
applicant, from obtaining a firearm, a statement that the individual is
not a person prohibited from obtaining a firearm;
- (6) a certification by the applicant that the applicant
will keep any firearm owned by the applicant safely stored and out of
the possession of persons who have not attained 18 years of age;
- (7) a certificate attesting to the completion at the
time of application of a written firearms examination, which shall test
the knowledge and ability of the applicant regarding--
- (A) the safe storage of firearms, particularly in the vicinity of persons who have not attained 18 years of age;
- (B) the safe handling of firearms;
- (C) the use of firearms in the home and the risks associated with such use;
- (D) the legal responsibilities of firearms owners,
including Federal, State, and local laws relating to requirements for
the possession and storage of firearms, and relating to reporting
requirements with respect to firearms; and
- (E) any other subjects, as the Attorney General determines to be appropriate;
- (8) an authorization by the applicant to release to the
Attorney General or an authorized representative of the Attorney
General any mental health records pertaining to the applicant;
- (9) the date on which the application was submitted; and
- (10) the signature of the applicant.
- (b) Regulations Governing Submission- The Attorney General
shall promulgate regulations specifying procedures for the submission of
applications to the Attorney General under this section, which
regulations shall--
- (1) provide for submission of the application through a
licensed dealer or an office or agency of the Federal Government
designated by the Attorney General;
- (2) require the applicant to provide a valid
identification document (as defined in section 1028(d)(2) of title 18,
United States Code) of the applicant, containing a photograph of the
applicant, to the licensed dealer or to the office or agency of the
Federal Government, as applicable, at the time of submission of the
application to that dealer, office, or agency; and
- (3) require that a completed application be forwarded
to the Attorney General not later than 48 hours after the application is
submitted to the licensed dealer or office or agency of the Federal
Government, as applicable.
- (c) Fees-
- (1) IN GENERAL- The Attorney General shall charge and
collect from each applicant for a license under this title a fee in an
amount determined in accordance with paragraph (2).
- (2) FEE AMOUNT- The amount of the fee collected under
this subsection shall be not less than the amount determined by the
Attorney General to be necessary to ensure that the total amount of all
fees collected under this subsection during a fiscal year is sufficient
to cover the costs of carrying out this title during that fiscal year,
except that such amount shall not exceed $25.
SEC. 103. ISSUANCE OF LICENSE.
- (a) In General- The Attorney General shall issue a firearm
license to an applicant who has submitted an application that meets the
requirements of section 102 of this Act, if the Attorney General
ascertains that the individual is not prohibited by subsection (g) or
(n) of section 922 of title 18, United States Code, from receiving a
firearm.
- (b) Effect of Issuance to Prohibited Person- A firearm
license issued under this section shall be null and void if issued to a
person who is prohibited by subsection (g) or (n) of section 922 of
title 18, United States Code, from receiving a firearm.
- (c) Form of License- A firearm license issued under this
section shall be in the form of a tamper-resistant card, and shall
include--
- (1) the photograph of the licensed individual submitted with the application;
- (2) the address of the licensed individual;
- (3) the date of birth of the licensed individual;
- (4) a license number, unique to each licensed individual;
- (5) the expiration date of the license, which shall be
the date that is 5 years after the initial anniversary of the date of
birth of the licensed individual following the date on which the license
is issued (or in the case of a license renewal, following the date on
which the license is renewed under section 104);
- (6) the signature of the licensed individual provided on the application, or a facsimile of the application; and
- (7) centered at the top of the license, capitalized, and in boldface type, the following:
- `FIREARM LICENSE--NOT VALID FOR ANY OTHER PURPOSE'.
SEC. 104. RENEWAL OF LICENSE.
- (a) Application for Renewal-
- (1) IN GENERAL- In order to renew a firearm license
issued under this title, not later than 30 days before the expiration
date of the license, the licensed individual shall submit to the
Attorney General (in accordance with the regulations promulgated under
paragraph (3)), in a form approved by the Attorney General, an
application for renewal of the license.
- (2) CONTENTS- An application submitted under paragraph (1) shall include--
- (A) a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant;
- (B) current proof of identity of the licensed individual; and
- (C) the address of the licensed individual.
- (3) REGULATIONS GOVERNING SUBMISSION- The Attorney
General shall promulgate regulations specifying procedures for the
submission of applications under this subsection.
- (b) Issuance of Renewed License- Upon approval of an
application submitted under subsection (a) of this section, the Attorney
General shall issue a renewed license, which shall meet the
requirements of section 103(c), except that the license shall include
the current photograph and address of the licensed individual, as
provided in the application submitted under this section, and the
expiration date of the renewed license, as provided in section
103(c)(5).
SEC. 105. REVOCATION OF LICENSE.
- (a) In General- If an individual to whom a license has been
issued under this title subsequently becomes a person who is prohibited
by subsection (g) or (n) of section 922 of title 18, United States
Code, from receiving a firearm--
- (1) the license is revoked; and
- (2) the individual shall promptly return the license to the Attorney General.
- (b) Administrative Action- Upon receipt by the Attorney
General of notice that an individual to whom a license has been issued
under this title has become a person described in subsection (a), the
Attorney General shall ensure that the individual promptly returns the
license to the Attorney General.
TITLE II--RECORD OF SALE OR TRANSFER
SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALIFYING FIREARMS.
- Section 922 of title 18, United States Code, as amended by
section 101 of this Act, is amended by adding at the end the following:
- `(bb) Unauthorized Sale or Transfer of a Qualifying
Firearm- It shall be unlawful for any person to sell, deliver, or
otherwise transfer a qualifying firearm to, or for, any person who is
not a licensed importer, licensed manufacturer, licensed dealer, or
licensed collector, or to receive a qualifying firearm from a person who
is not a licensed importer, licensed manufacturer, licensed dealer, or
licensed collector, unless, at the time and place of the transfer or
receipt--
- `(1) the transferee presents to a licensed dealer a valid firearm license issued to the transferee--
- `(A) under title I of Blair Holt's Firearm Licensing and Record of Sale Act of 2013; or
- `(B) pursuant to a State firearm licensing and
record of sale system certified under section 602 of Blair Holt's
Firearm Licensing and Record of Sale Act of 2013 established by the
State in which the transfer or receipt occurs;
- `(2) the licensed dealer contacts the Attorney General
or the head of the State agency that administers the certified system
described in paragraph (1)(B), as applicable, and receives notice that
the transferee has been issued a firearm license described in paragraph
(1) and that the license remains valid; and
- `(3) the licensed dealer records on a document (which,
in the case of a sale, shall be the sales receipt) a tracking
authorization number provided by the Attorney General or the head of the
State agency, as applicable, as evidence that the licensed dealer has
verified the validity of the license.'.
SEC. 202. FIREARM RECORDS.
- (a) Submission of Sale or Transfer Reports- Not later than
14 days after the date on which the transfer of qualifying firearm is
processed by a licensed dealer under section 922(bb) of title 18, United
States Code (as added by section 201 of this Act), the licensed dealer
shall submit to the Attorney General (or, in the case of a licensed
dealer located in a State that has a State firearm licensing and record
of sale system certified under section 602 of this Act, to the head of
the State agency that administers that system) a report of that
transfer, which shall include information relating to--
- (1) the manufacturer of the firearm;
- (2) the model name or number of the firearm;
- (3) the serial number of the firearm;
- (4) the date on which the firearm was received by the transferee;
- (5) the number of a valid firearm license issued to the transferee under title I of this Act; and
- (6) the name and address of the individual who transferred the firearm to the transferee.
- (b) Federal Record of Sale System- Not later than 9 months
after the date of the enactment of this Act, the Attorney General shall
establish and maintain a Federal record of sale system, which shall
include the information included in each report submitted to the
Attorney General under subsection (a).
- (c) Elimination of Prohibition on Establishment of System
of Registration- Section 926(a) of title 18, United States Code, is
amended by striking the second sentence.
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