Tuesday 18th June, 2019
On behalf of the Speaker, Representative Simone's clerks would file the following into the docket.
Official Name: Gun Violence Prevention Act of 2019Nickname: GVPA
Senate Co-Sponsors: James Moore (D-MI), Erika Goldman (D-CT), Benjamin Little (D-MD), Karel Volek (D-NY), Abigail Winthrop (D-MA), Greg Kost (R-FL)
House Co-Sponsor: Malcolm Douglas (D-NJ-9), Caroline Simone (D-NY-12), Davit Papazian (D-CA-28), Felix Holt (D-VA-10), Kathleen Nez (D-AZ-7), Julia Piotrowska (D-IL-5)
Section 1: Summary
A: The purpose of this bill is to take 3 key steps towards reducing gun violence in the United States. Raising the age of purchasing Semi Automatic Assault Rifles to 21, creating a national Extreme Risk Protection Order law, and instituting universal background checks. These 3 limited measures are well supported by the American public on both sides of the aisle, and even among gun owners specifically, and will provide tangible measures to reduce gun violence and mass shootings while respecting the 2nd amendment.
Section 2: Definitions
A: Eligible Entity- a State of Indian Tribe that enacts legislation described in Section 5 with respect to which the Attorney General determines that the legislation is in compliance with the requirements of section 5 and certifies the grant shall be used for the purposes described in section 5. Or a unit of local government or another public or private entity which is located in a State or Territory that meets the requirements as certified by the Attorney General.
B: Extreme Risk Protection Order- A written order or warrant issued by a State or Tribal Court or signed by a magistrate or other comparable judicial office, the primary purpose of which is to reduce the risk of firearm related death or injury by prohibiting the named individual from having under the custody or control of the individual, owning, purchasing, possessing, or receiving a firearm, or having a firearm removed or requiring the surrender of firearms from the named individual.
C: Firearm- The meaning given in section 921 of title 18 United States Code
D: Indian Tribe- The meaning five in section 1709 of the Public Safety and Community Policing Act of 1994
E: Law Enforcement Officer- a Public servant authorized by State, local, or Tribal law or by a State, local or Tribal government agency to engage in or supervise the prevention, detection, investigation, or prosecution of an offense, or supervise sentenced criminal offenders.
F: State- A State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States
G: Unit of Local Government- the meaning given in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968.
Section 3: Prohibition on Federal Firearms Licensee selling or delivery of certain semi-automatic centerfire rifles to a person on the age of 21.
A: Section 922(b)(1) of title 18, United STates Code is amended as follows.
I: Any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe has not attained 18 years of age
II: Any semiautomatic centerfire rifle that has or accepts a magazine with a capacity exceeding 5 rounds, to any individual who the licensee knows or has reasonable cause to believe has not attain 21 years of age and is not a qualified individual
III: If the firearm or ammunition is not a semiautomatic fire rifle described in section II and is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe has not attained 21 years of age
B: Section 922(c)(1) of such title is amended by striking in the case of any firearm and all that follows through eighteen years or more of age and inserting in the case of a semiautomatic centerfire rifle that has or accepts a magazine with a capacity exceeding 5 rounds, I am at least 21 years of age or a qualified individual (as defined in section 921(a)(30) of title 18, United States Code), in the case of a firearm other than a semiautomatic centerfire rifle that has or accepts a magazine with a capacity exceeding 5 rounds, a shotgun or a rifle, I am at least 21 years of age, or that, in the case of a shotgun or a rifle, I am at least 18 years of age.
C: Section 921(a) of such title is amended by inserting after paragraph (29) the following:
I: The term “Qualified individual” means a member of the Armed Forces on active duty and a full-time employee of the United States, a State, or a political subdivision of a State who in the course of his or her official duties is authorized to carry a firearm.
D: No later than 90 days after the date of enactment of this act the Director of the FBI shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding operation of the FBI’s public access line which detail at minimum a description of protocols and procedures in effect with respect to information sharing between the public access line and FBI field offices, and recommendations for improving the protocols and procedures of information sharing.
Section 4: Utilize current background checks process to ensure individuals prohibited from gun possession are not able to obtain firearms.
A: Section 922 of title 18 United States Code is amended by striking subsection (s), redesignating subsection (t) as subsection (s) and by inserting after subsection (s)
“(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.”.
B: 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)”.
I. 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”.
Section 5: Extreme Risk Protection Orders
A: The Director of the Office of Community Oriented Policing Services of the Department of Justice shall establish a program which, from amounts made available, the Director may make grants to eligible entities to assist in carrying out the provision of this legislation.
I: Funds may be used to enhance the capacity of law enforcement agencies and 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 this section.
II: Funds may be used to train judges, court personnel, and law enforcement officers to more accurately identify indidivuals whose access to firearms poses a danger to themselves or other through suicide or interpersonal violence.
III: Funds may be used to Develop and implement law enforcement and court protocols, forms and order so that law enforcement agencies and courts may carry out the provisions of this legislation described in section 4 in a safe and effective manner, including removal and storage of firearms pursuant to extreme risk protection order under this legislation.
IV: Funds may be used to Raise public awareness and understanding of the legislation so that extreme risk protection order may be issued in appropriate situations that reduce the risk of firearms related death and injury.
V: 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 information required by the Attorney General.
VI: $500,000,000 is allocated in each fiscal year 2020, 2021, 2022, 2023, and 2024. Money allocated in a grant may not exceed $2,000,000 per State or Tribal a State, Unit of Local Government or Indian Tribe per fiscal year.
VII: All money not used by fiscal year 2025 must be returned to the Treasury.
B: Requirements for the Issuance of Extreme Risk Protection Orders
I: A Petitioner may submit an application to a State or Tribal court on a form designed by the court or a State or Tribal Agency that describes facts and circumstances justifying that an extreme risk protection or be issued against the named individual and is signed by the applicant under oath.
II: The individual named in an application for an extreme risk protection order as described shall be given written notice of the application and an opportunity to be heard on the matter in court no later than 7 days after the date such application is received.
III: If a court finds by preponderance of evidence that the respondent poses a danger to themselves or others by access to a firearm, the court may issue an extreme risk protection order. An extreme risk protection order shall be in effect for a period not exceeding 1 year unless renewed.
B: Ex Parte Extreme Risk Protection Order
I: Upon the receipt of an application the court may issue an ex parte extreme protection order before conducting a hearing if the applicant alleges the respondent poses a danger to themselves or others in the immediate future and the court finds reasonable cause to believe the respondent poses a danger in the near future.
II: An Ex Parte Extreme Risk Protection Order shall be in effect for a period not to exceed 30 days unless continued for good cause
III: The court shall order a hearing to be held not later than 3 days after the date such an application is received.
C: Storage of Firearms
I: 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 individual regain their eligibility to possess firearms.
II: Law enforcement agencies may contract with a manufacturer, dealer, or importer licensed under title 18 United Stated Code for secure storage of firearms.
II: Firearms must be returned immediately to the individual if an Extreme Risk Protection Order expires or the court finds the Ex Parte Extreme Risk Protection Order does not meet the burden of proof required.
D: Notification
I: As soon as practicable and no later than 3 days after a State or Tribal Court issues an extreme risk protection order, the State or Tribal Court shall notify the Department of Justice of the issuance of an extreme risk protection or in an electronic format in a manner prescribed by the Department of Justice.
II: The Department of Justice will ensure the extreme risk protection order is reflected in the National Instant Criminal Background Check System.
E: Confidentiality
I. All personally identifiable information provided to the courts, Department of Justice and any other agencies involved with Extreme Risk Protection Orders must be kept confidential except as necessary to carry out legislation.
II. Additional authorities may establish procedures for the termination and renewal or extreme risk protection orders and establishes the burden of proof for issuance of orders for Ex Parte Extreme Risk Protection Orders is higher than that of standard Extreme Risk Protection Orders.
III. The individuals who may apply for extreme risk protection orders are limited to law enforcement officers, immediate relatives, and those who currently share a residence with the individual or have shared a residence with the individual in the past 6 months, described in the Extreme Risk Protection Order Application.
F: Prohibition
I: Section 922 of title 18, Untied States Code subsection (d) is amended
“(10) is subject to 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 is issued in a manner consistent with due process rights of the person, and is based on a finding that the person poses a danger of causing harm to themselves or other by having access to a firearm.”
II: Section 922 of title 18, Untied States Code subsection (g) is amended
“(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 is issued in a manner consistent with due process rights of the person, and is based on a finding that the person poses a danger of causing harm to themselves by having access to a firearm.
Section 6: National Firearms Registry
A: Nothing in this act authorizes the establishment directly or indirectly of a national firearms registry or shall interfere with the authority of a State to enact a law on the same subject matter as this act
This bill is then honorably presented to the United States House of Representatives for consideration in order to improve regulations regarding firearms, to improve the United States Law and is backed by Malcolm Douglas on Tuesday 18th June, 2019.
Do Not Remove: 1337
