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Comprehensive Gun Control Act


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S. B. 28

 

To require a background check for every firearm sale.


IN THE SENATE OF THE UNITED STATES

Mr. Crafts (with thanks to Mr. Thompson and Mr. Carbajal) for himself and others, introduced the following bill,


AN ACT

To require a background check for every firearms and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Comprehensive Gun Control Act”.

SEC. 2. PURPOSE.

The purpose of this Act is to utilize the current background checks process in the United States to ensure individuals prohibited from gun possession are not able to obtain firearms.

SEC. 3. FIREARMS TRANSFERS.

Section 922 of title 18, United States Code, is amended—

(1) by striking subsection (s);

(2) by redesignating subsection (t) as subsection (s); and

(3) by inserting after subsection (s), as redesignated, the following:

“(t) (1) (A) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s).

“(B) Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee.

“(C) If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter.

“(2) Paragraph (1) shall not apply to—

“(A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties;

“(B) a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, including step-parents and their step-children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren, if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law;

“(C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person;

“(D) a temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self, family, household members, or others, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm, including the harm of domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse;

“(E) a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or

“(F) a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee’s possession of the firearm is exclusively—

“(i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting;

“(ii) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor—

“(I) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and

“(II) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or

“(iii) while in the presence of the transferor.

“(3) (A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.

“(B) Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (1).

“(C) Regulations promulgated under this paragraph may not include any provision requiring persons not licensed under this chapter to keep records of background checks or firearms transfers.

“(D) Regulations promulgated under this paragraph may not include any provision placing a cap on the fee licensees may charge to facilitate transfers in accordance with paragraph (1).

“(E) Regulations promulgated under this paragraph shall include, in the case of a background check conducted by the national instant criminal background check system in response to a contact from a licensed importer, licensed manufacturer, or licensed dealer, which background check indicates that the receipt of a firearm by a person would violate subsection (g)(5), a requirement that the system notify U.S. Immigration and Customs Enforcement.

“(4) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General.”.

SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.

 

(a) Section 922.—Section 922(y)(2) of title 18, United States Code, is amended in the matter preceding subparagraph (A) by striking “, (g)(5)(B), and (s)(3)(B)(v)(II)” and inserting “and (g)(5)(B)”.

(b) Consolidated And Further Continuing Appropriations Act, 2012.—Section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note) is amended by striking “subsection 922(t)” each place it appears and inserting “subsection (s) or (t) of section 922”.

SEC. 5. RULE OF CONSTRUCTION.

Nothing in this Act, or any amendment made by this Act, shall be construed to—

(1) authorize the establishment, directly or indirectly, of a national firearms registry; or

(2) interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act.

 

SEC. 5. SAFE STORAGE LAWS

(a) Firearms owners shall be held criminally liable for intentionally, knowingly, or recklessly when in a residence of a minor under the age of 18

SEC. 6. DEFINITIONS.

In this Act:

(1) ELIGIBLE ENTITY.—The term “eligible entity” means—

(A) a State or Indian Tribe—

(i) that enacts legislation described in section 4;

(ii) with respect to which the Attorney General determines that the legislation described in clause (i) complies with the requirements of section 4; and

(iii) that certifies to the Attorney General that the State or Indian Tribe shall—

(I) use the grant for the purposes described in section 3(b); and

(II) allocate not less than 25 percent of the amount received under a grant under section 3 for training for law enforcement; or

(B) a unit of local government or other public or private entity that—

(i) is located in a State or in the territory under the jurisdiction of an Indian Tribe that meets the requirements described in clauses (i), (ii), (iii) of subparagraph (A); and

(ii) certifies to the Attorney General that the unit of local government or entity shall—

(I) use the grant for the purposes described in section 3(b); and

(II) allocate not less than 25 percent of the amount received under a grant under section 3 for training for law enforcement.

(2) EXTREME RISK PROTECTION ORDER.—The term “extreme risk protection order” means a written order or warrant, issued by a State or Tribal court or signed by a magistrate (or other comparable judicial officer), the primary purpose of which is to reduce the risk of firearm-related death or injury by doing one or more of the following:

(A) Prohibiting a named individual from having under the custody or control of the individual, owning, purchasing, possessing, or receiving a firearm.

(B) Having a firearm removed or requiring the surrender of firearms from a named individual.

(3) FIREARM.—The term “firearm” has the meaning given the term in section 921 of title 18, United States Code.

(4) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 1709 of the Public Safety and Community Policing Act of 1994 (34 U.S.C. 10389).

(5) LAW ENFORCEMENT OFFICER.—The term “law enforcement officer” means a public servant authorized by State, local, or Tribal law or by a State, local, or Tribal government agency to—

(A) engage in or supervise the prevention, detection, investigation, or prosecution of an offense; or

(B) supervise sentenced criminal offenders.

(6) PETITIONER.—The term “petitioner” means an individual authorized under State or Tribal law to petition for an extreme risk protection order.

(7) STATE.—The term “State” means—

(A) a State;

(B) the District of Columbia;

(C) the Commonwealth of Puerto Rico; and

(D) any other territory or possession of the United States.

(8) UNIT OF LOCAL GOVERNMENT.—The term “unit of local government” has the meaning given the term in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).

SEC. 7. EXTREME RISK PROTECTION GRANT PROGRAM.

 

(a) In General.—The Director of the Office of Community Oriented Policing Services of the Department of Justice shall establish a program under which, from amounts made available to carry out this section, the Director may make grants to eligible entities to assist in carrying out the provisions of the legislation described in section 4.

(b) Use Of Funds.—Funds awarded under this section may be used by an applicant to—

(1) enhance the capacity of law enforcement agencies and the courts of a State, unit of local government, or Indian Tribe by providing personnel, training, technical assistance, data collection, and other resources to carry out legislation described in section 10;

(2) train judges, court personnel, and law enforcement officers to more accurately identify individuals whose access to firearms poses a danger of causing harm to themselves or others by increasing the risk of firearms suicide or interpersonal violence;

(3) develop and implement law enforcement and court protocols, forms, and orders so that law enforcement agencies and the courts may carry out the provisions of the legislation described in section 4 in a safe and effective manner, including through the removal and storage of firearms pursuant to extreme risk protection orders under the legislation; and

(4) raise public awareness and understanding of the legislation described in section 10 so that extreme risk protection orders may be issued in appropriate situations to reduce the risk of firearms-related death and injury.

(c) Application.—An eligible entity desiring a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by such information as the Attorney General may reasonably require.

(d) Incentives.—For each of fiscal years 2020 through 2024, the Attorney General shall give affirmative preference in awarding any discretionary grant awarded by the Bureau of Justice Assistance to a State or Indian Tribe that has enacted legislation described in section 10.

(e) Authorization Of Appropriations.—There are authorized to be appropriated such sums as are necessary to carry out this section.

SEC. 8. NATIONAL EXTREME RISK PROTECTION ORDER LAW.

 

(a) Requirements.—Legislation described in this section is legislation that establishes requirements that are substantially similar to the following:

(1) APPLICATION FOR EXTREME RISK PROTECTION ORDER.—A petitioner, including a law enforcement officer, may submit an application to a State or Tribal court, on a form designed by the court or a State or Tribal agency, that—

(A) describes the facts and circumstances justifying that an extreme risk protection order be issued against the named individual; and

(B) is signed by the applicant, under oath.

(2) NOTICE.—The individual named in an application for an extreme risk protection order as described in paragraph (1) shall be given written notice of the application and an opportunity to be heard on the matter in accordance with this section.

(3) ISSUANCE OF EXTREME RISK PROTECTION ORDERS.—

(A) HEARING.—

(i) IN GENERAL.—Upon receipt of an application described in paragraph (1), the court shall order a hearing to be held not later than 30 days after the date of such application.

(ii) DETERMINATION.—If the court finds by a preponderance of the evidence that the respondent poses a danger of causing harm to himself, herself, or others by having access to a firearm, the court may issue an extreme risk protection order.

(B) LENGTH OF EXTREME RISK PROTECTION ORDER.—An extreme risk protection order shall be in effect for a period not to exceed 1 year, unless renewed.

(4) EX PARTE EXTREME RISK PROTECTION ORDERS.—

(A) IN GENERAL.—Upon receipt of an application described in paragraph (1), the court may issue an ex parte extreme risk protection order before conducting the hearing required under paragraph (3), if—

(i) the application for an extreme risk protection order alleges that the respondent poses a danger of causing harm to himself, herself, or others in the near future by having access to a firearm; and

(ii) the court finds there is reasonable cause to believe that the respondent poses a danger of causing harm to himself, herself, or others in the near future by having access to a firearm.

(B) LENGTH OF EX PARTE EXTREME RISK PROTECTION ORDER.—An ex parte extreme risk protection order shall be in effect for a period not to exceed 30 days, unless continued for good cause.

(5) STORAGE OF REMOVED FIREARMS.—All firearms removed or surrendered pursuant to an extreme risk protection order shall be retained by a law enforcement officer or a law enforcement agency until the named individual regains his or her eligibility to possess firearms, except that the legislation may authorize a law enforcement agency to—

(A) contract with a manufacturer, dealer, or importer licensed under chapter 44 of title 18, United States Code, for the secure storage of firearms; and

(B) transfer the firearm upon proof that the named individual will no longer have access to the firearm.

(6) NOTIFICATION.—

(A) IN GENERAL.—A State or tribal court that issues an extreme risk protection order shall notify the Department of Justice or the comparable State or Tribal agency, as applicable, of the order as soon as practicable. Such notice shall be submitted in an electronic format, in a manner prescribed by the Department of Justice or the comparable State or Tribal agency.

(B) UPDATE OF DATABASES.—As soon as practicable after receiving a notification under subparagraph (A), the Department of Justice or the comparable State or Tribal agency shall ensure the extreme risk protection order is reflected in the National Instant Criminal Background Check System.

(7) CONFIDENTIALITY PROTECTIONS.—All personally identifiable information provided to the court, the Department of Justice, and comparable State or Tribal agencies shall be kept confidential, except as necessary to carry out the legislation.

(b) Additional Authorities.—Legislation described in this section may—

(1) provide procedures for the termination of an extreme risk protection order;

(2) provide procedures for the renewal of an extreme risk protection order;

(3) establish burdens of proof for issuance of orders described in paragraphs (3) and (4) of subsection (a) that are higher than the burdens of proof required under those paragraphs; and

(4) limit the individuals who may submit an application described in subsection (a)(1), provided that, at a minimum, law enforcement officers are authorized to do so.

SEC. 9. FEDERAL FIREARMS PROHIBITION.

Section 922 of title 18, United States Code, is amended—

(1) in subsection (d)—

(A) in paragraph (8)(B)(ii), by striking “or” at the end;

(B) in paragraph (9), by striking the period at the end and inserting “; or”; and

(C) by inserting after paragraph (9) the following:

“(10) is subject to a court order that prohibits such person from having under his or her custody or control, owning, purchasing, possessing, or receiving any firearms, or requires the surrender or removal of firearms from the person, provided that the order—

“(A) is issued in a manner consistent with the due process rights of the person; and

“(B) is based on a finding that the person poses a danger of causing harm to himself, herself, or others by having access to a firearm.”; and

(2) in subsection (g)—

(A) in paragraph (8)(C)(ii), by striking “or” at the end;

(B) in paragraph (9), by striking the comma at the end and inserting “; or”; and

(C) by inserting after paragraph (9) the following:

“(10) is subject to a court order that prohibits such person from having under his or her custody or control, owning, purchasing, possessing, or receiving any firearms, or requires the surrender or removal of firearms from the person, provided that the order—

“(A) is issued in a manner consistent with the due process rights of the person; and

“(B) is based on a finding that the person poses a danger of causing harm to himself, herself, or others by having access to a firearm,”.

SEC. 10. CONFORMING AMENDMENT.

Section 3(1) of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40903(1)) is amended by striking “section 922(g)(8)” and inserting “paragraph (8) or (10) of section 922(g)”.

SEC. 11. FULL FAITH AND CREDIT.

Any extreme risk protection order issued under a State or Tribal law enacted in accordance with this Act shall be accorded the same full faith and credit by the court of another State or Indian Tribe (the enforcing State or Indian Tribe) and enforced by the court and law enforcement personnel of the other State or Tribal government as if it were the order of the enforcing State or Tribe.

SEC. 12. SEVERABILITY.

If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.

SEC. 13. EFFECTIVE DATE.

This Act shall take effect July 1st following its enactment.

 

PES: The act creates the ability for a family or household member or a law enforcement officer to petition the court for a temporary extreme risk protection order (ERPO) beginning on July 1, 2019/2020. The petitioner must establish by a preponderance of the evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm. The petitioner must submit an affidavit signed under oath and penalty of perjury that sets forth facts to support the issuance of a temporary ERPO and a reasonable basis for believing they exist.

Requires safe storage of firearms where a child is living

Establishes background checks for private gun sales

William C. Motter D-CO-02 (Boulder, Fort Collins, Broomfield)

 

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