Protecting Our Kids Act
This bill makes various changes to federal firearms laws, including to establish new criminal offenses and to expand the types of weapons and devices that are subject to regulation.
Among the changes, the bill
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7910 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7910
To amend title 18, United States Code, to provide for an increased age
limit on the purchase of certain firearms, prevent gun trafficking,
modernize the prohibition on untraceable firearms, encourage the safe
storage of firearms, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 31, 2022
Mr. Nadler (for himself, Mr. Thompson of California, and 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 jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide for an increased age
limit on the purchase of certain firearms, prevent gun trafficking,
modernize the prohibition on untraceable firearms, encourage the safe
storage of 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Protecting Our
Kids Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RAISE THE AGE
Sec. 101. Prohibition on Federal firearms licensee selling or
delivering certain semiautomatic centerfire
rifles or semiautomatic centerfire shotguns
to a person under 21 years of age, with
exceptions.
Sec. 102. Operation of the Federal Bureau of Investigation's public
access line.
TITLE II--PREVENT GUN TRAFFICKING
Sec. 201. Prohibition on straw purchases of firearms; prohibition on
gun trafficking.
Sec. 202. Prohibition on disposition of firearm to person intending
unlawful further disposition.
Sec. 203. Penalties.
Sec. 204. Firearms subject to forfeiture.
TITLE III--UNTRACEABLE FIREARMS
Sec. 301. Requirement that all firearms be traceable.
Sec. 302. Modernization of the prohibition on undetectable firearms.
TITLE IV--SAFE STORAGE
Sec. 401. Ethan's Law.
Sec. 402. Safe guns, safe kids.
Sec. 403. Kimberly Vaughan Firearm Safe Storage.
TITLE V--CLOSING THE BUMP STOCK LOOPHOLE
Sec. 501. Bump stocks.
TITLE VI--KEEP AMERICANS SAFE
Sec. 601. Definitions.
Sec. 602. Restrictions on large capacity ammunition feeding devices.
Sec. 603. Penalties.
Sec. 604. Use of Byrne grants for buy-back programs for large capacity
ammunition feeding devices.
TITLE I--RAISE THE AGE
SEC. 101. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR
DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES OR
SEMIAUTOMATIC CENTERFIRE SHOTGUNS TO A PERSON UNDER 21
YEARS OF AGE, WITH EXCEPTIONS.
(a) In General.--Section 922(b)(1) of title 18, United States Code,
is amended to read as follows:
``(1)(A) any firearm or ammunition to any individual who
the licensee knows or has reasonable cause to believe has not
attained 18 years of age;
``(B) any semiautomatic centerfire rifle or semiautomatic
centerfire shotgun that has, or has the capacity to accept, an
ammunition feeding device with a capacity exceeding 5 rounds,
to any individual who the licensee knows or has reasonable
cause to believe has not attained 21 years of age and is not a
qualified individual; or
``(C) if the firearm or ammunition is not a semiautomatic
centerfire rifle or semiautomatic centerfire shotgun described
in subparagraph (B) 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) Conforming Amendment.--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 ``(1) in the
case of a semiautomatic centerfire rifle or semiautomatic centerfire
shotgun that has, or has the capacity to accept, an ammunition feeding
device 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), (2) in the case of a firearm other than
a shotgun, a rifle, or such a semiautomatic centerfire rifle or
semiautomatic centerfire shotgun, I am at least 21 years of age, or (3)
in the case of any other shotgun or rifle, I am at least 18 years of
age''.
(c) Qualified Individual Defined.--Section 921(a) of such title is
amended by inserting after paragraph (29) the following:
``(30) The term `qualified individual' means--
``(A) a member of the Armed Forces on active duty; and
``(B) 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.
``(31) The term `ammunition feeding device' means a magazine, belt,
drum, feed strip, or similar device, but does not include an attached
tubular device which is only capable of operating with .22 caliber
rimfire ammunition.''.
SEC. 102. OPERATION OF THE FEDERAL BUREAU OF INVESTIGATION'S PUBLIC
ACCESS LINE.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of the Federal Bureau of Investigation (in
this section referred to as 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.
(b) Matters Included.--The report required by subsection (a) shall,
at a minimum, include the following:
(1) A description of the protocols and procedures in effect
with respect to information-sharing between the public access
line and the field offices of the FBI.
(2) Recommendations for improving the protocols and
procedures to improve the information-sharing.
TITLE II--PREVENT GUN TRAFFICKING
SEC. 201. PROHIBITION ON STRAW PURCHASES OF FIREARMS; PROHIBITION ON
GUN TRAFFICKING.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended--
(1) in section 921(a), by adding at the end the following:
``(37) The term `family members' means spouses, domestic partners,
parents and their children, including step-parents and their step-
children, siblings, aunts or uncles and their nieces or nephews, or
grandparents and their grandchildren.''; and
(2) by adding at the end the following:
``Sec. 932. Gun trafficking
``(a) It shall be unlawful for any person (other than a licensee
under this chapter), in or otherwise affecting interstate or foreign
commerce, to knowingly purchase or acquire, or attempt to purchase or
acquire, a firearm for the possession of a third party.
``(b) It shall be unlawful for any person (other than a licensee
under this chapter), in or otherwise affecting interstate or foreign
commerce, to hire, solicit, command, induce, or otherwise endeavor to
persuade another person to purchase, or attempt to purchase, any
firearm for the purpose of obtaining the firearm for the person or
selling or transferring the firearm to a third party.
``(c) The Attorney General shall ensure that the firearm
transaction record form required to be completed in connection with a
firearm transaction includes a statement outlining the penalties that
may be imposed for violating subsection (a).
``(d) This section shall not apply to any firearm, if the purchaser
or person acquiring the firearm has no reason to believe that the
recipient of the firearm will use or intends to use the firearm in a
crime or is prohibited from purchasing or possessing firearms under
State or Federal law and the firearm--
``(1) is purchased or acquired by any person, or that any
person attempts to purchase or acquire, as a bona fide gift
between family members; or
``(2) is purchased or acquired by an agent of a lawful
business, or that an agent of a lawful business attempts to
purchase or acquire, for the purpose of transferring to another
agent of the business, for lawful use in the business.''.
(b) Forfeiture.--Section 982(a)(5) of such title is amended--
(1) in subparagraph (D), by striking ``or'' at the end; and
(2) by inserting after subparagraph (E) the following:
``(F) section 922(a)(1)(A) (related to unlicensed firearms
sales);
``(G) section 922(d) (relating to illegal gun transfers);
or
``(H) section 932 (relating to gun trafficking),''.
(c) Money Laundering Amendment.--Section 1956(c)(7)(D) of such
title is amended by striking ``section 924(n)'' and inserting ``section
922(a)(1)(A), 922(d), 924(n), or 932''.
(d) Clerical Amendment.--The table of sections for such chapter is
amended by adding at the end the following:
``932. Gun trafficking.''.
SEC. 202. PROHIBITION ON DISPOSITION OF FIREARM TO PERSON INTENDING
UNLAWFUL FURTHER DISPOSITION.
Section 922(d) of title 18, United States Code, is amended in the
1st sentence--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; or''; and
(3) by inserting after and below paragraph (9) the
following:
``(10) intends to sell or otherwise dispose of the firearm
or ammunition in violation of a Federal law, or to sell or
otherwise dispose of the firearm or ammunition to a person in
another State in violation of a law of that State.''.
SEC. 203. PENALTIES.
Section 924(a) of title 18, United States Code, is amended by
adding at the end the following:
``(8) Whoever knowingly violates section 922(a)(1)(A) or 932 shall
be fined under this title, imprisoned not more than 10 years, or
both.''.
SEC. 204. FIREARMS SUBJECT TO FORFEITURE.
Section 924(d) of title 18, United States Code, is amended--
(1) in paragraph (1), by inserting ``or 932'' after
``section 924''; and
(2) in paragraph (3)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) any offense under section 932.''.
TITLE III--UNTRACEABLE FIREARMS
SEC. 301. REQUIREMENT THAT ALL FIREARMS BE TRACEABLE.
(a) Definitions.--Section 921(a) of title 18, United States Code,
as amended by this Act, is further amended--
(1) in paragraph (10), by adding at the end the following:
``The term `manufacturing firearms' shall include assembling a
functional firearm or molding, machining, or 3D printing a
frame or receiver, and shall not include making or fitting
special barrels, stocks, or trigger mechanisms to firearms.'';
and
(2) by adding at the end the following:
``(38) The term `ghost gun'--
``(A) means a firearm, including a frame or receiver, that
lacks a unique serial number engraved or cast on the frame or
receiver by a licensed manufacturer or importer in accordance
with this chapter; and
``(B) does not include--
``(i) a firearm that has been rendered permanently
inoperable;
``(ii) a firearm that, not later than 30 months
after the date of enactment of this paragraph, has been
identified by means of a unique serial number, assigned
by a State agency, engraved or cast on the receiver or
frame of the firearm in accordance with State law;
``(iii) a firearm manufactured or imported before
December 16, 1968; or
``(iv) a firearm identified as provided for under
section 5842 of the Internal Revenue Code of 1986.
``(39) The term `fire control component'--
``(A) means a component necessary for the firearm to
initiate or complete the firing sequence; and
``(B) includes a hammer, bolt or breechblock, cylinder,
trigger mechanism, firing pin, striker, and slide rails.
``(40)(A) The term `frame or receiver'--
``(i) means a part of a weapon that provides or is intended
to provide the housing or structure to hold or integrate 1 or
more fire control components, even if pins or other attachments
are required to connect those components to the housing or
structure; and
``(ii) includes a frame or receiver, blank, casting, or
machined body, that requires modification, including machining,
drilling, filing or molding, to be used as part of a functional
firearm, and which is designed and intended to be used in the
assembly of a functional firearm, unless the piece of material
has had--
``(I) its size or external shape altered solely to
facilitate transportation or storage; or
``(II) solely its chemical composition altered.
``(B) For purposes of subparagraph (A)(i), if a weapon with more
than 1 part that provides the housing or a structure designed to hold
or integrate 1 or more fire control or essential components, each such
part shall be considered a frame or receiver, unless the Attorney
General has provided otherwise by regulation or other formal
determination with respect to the specific make and model of weapon on
or before January 1, 2023.''.
(b) Prohibition; Requirements.--Section 922 of title 18, United
States Code, is amended by adding at the end the following:
``(aa)(1)(A) Except as provided in subparagraph (B), it shall be
unlawful for any person to manufacture, sell, offer to sell, transfer,
purchase, or receive a ghost gun in or affecting interstate or foreign
commerce.
``(B) Subparagraph (A) shall not apply to--
``(i) the manufacture of a firearm by a licensed
manufacturer if the licensed manufacturer complies with section
923(i) before selling or transferring the firearm to another
person;
``(ii) the offer to sell, sale, or transfer of a firearm
to, or purchase or receipt of a firearm by, a licensed
manufacturer or importer before the date that is 30 months
after the date of enactment of this subsection; or
``(iii) transactions between licensed manufacturers and
importers on any date.
``(2) It shall be unlawful for a person other than a licensed
manufacturer or importer to engrave or cast a serial number on a
firearm in or affecting interstate or foreign commerce unless
specifically authorized by the Attorney General.
``(3) Beginning on the date that is 30 months after the date of
enactment of this subsection, it shall be unlawful for any person other
than a licensed manufacturer or importer to knowingly possess a ghost
gun in or affecting interstate or foreign commerce.
``(4) Beginning on the date that is 30 months after the date of
enactment of this subsection, it shall be unlawful for any person other
than a licensed manufacturer or importer to possess a ghost gun in or
affecting interstate or foreign commerce with the intent to sell or
transfer the ghost gun with or without further manufacturing or to
manufacture a firearm with the ghost gun.
``(5)(A) It shall be unlawful for any person to sell, offer to
sell, or transfer, in or affecting interstate or foreign commerce, to
any person other than a licensed manufacturer a machine that has the
sole or primary function of manufacturing firearms.
``(B) Except as provided in subparagraph (A), beginning on the date
that is 180 days after the date of enactment of this subsection, it
shall be unlawful for any person other than a licensed manufacturer to
possess, purchase, or receive, in or affecting interstate or foreign
commerce, a machine that has the sole or primary function of
manufacturing firearms.
``(C) Subparagraph (B) shall not apply to a person who is engaged
in the business of selling manufacturing equipment to a licensed
manufacturer who possesses a machine with the intent to sell or
transfer the machine to a licensed manufacturer.''.
(c) Requirements.--
(1) Removal of serial numbers.--Section 922(k) of title 18,
United States Code, is amended--
(A) by striking ``importer's or manufacturer's''
each place it appears; and
(B) by inserting ``authorized by this chapter or
under State law'' before ``removed''.
(2) Licensed importers and manufacturers.--Section 923(i)
of title 18, United States Code, is amended--
(A) by inserting ``(1)'' before ``Licensed''; and
(B) by adding at the end the following: ``The
serial number shall be engraved or cast on the frame or
receiver in a manner sufficient to identify the firearm
and the manufacturer or importer that put the serial
number on the firearm.
``(2)(A) Not later than 180 days after the date of enactment of
this paragraph, the Attorney General shall prescribe regulations for
engraving a unique serial number onto a ghost gun.
``(B) The regulations prescribed under subparagraph (A) shall--
``(i) allow an owner of a firearm described in subparagraph
(A) to have a unique serial number engraved on the firearm by a
licensed manufacturer or importer; and
``(ii) require that a serial number be engraved on the
frame or receiver in a manner sufficient to identify the
firearm and the licensed manufacturer or importer that put the
serial number on the firearm.
``(C) The regulations authorized under this paragraph shall expire
on the date that is 30 months after the date of enactment of this
paragraph.''.
(d) Penalties.--Section 924 of title 18, United States Code, is
amended--
(1) in subsection (a)(1)(B), by striking ``or (q)'' and
inserting ``(q), (aa)(1), (aa)(2), (aa)(4), or (aa)(5)'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), in the matter
preceding clause (i), by inserting
``functional'' before ``firearm'' each place it
appears;
(ii) in subparagraph (B), in the matter
preceding clause (i), by inserting
``functional'' before ``firearm''; and
(iii) in subparagraph (D)(ii), by inserting
``functional'' before ``firearm''; and
(B) in paragraph (4), by striking ``all or part of
the firearm'' and all that follows through ``person.''
and inserting the following: ``all or part of the
functional firearm, or otherwise make the presence of
the functional firearm known to another person, in
order to intimidate that person, regardless of whether
the functional firearm is directly visible to that
person.'';
(3) in subsection (d)(1), by striking ``or (k)'' and
inserting ``(k), (aa)(1), (aa)(2), (aa)(4), or (aa)(5)'';
(4) in subsection (e)(1), by inserting ``through the
possession of a functional firearm'' before ``and has three'';
and
(5) by adding at the end the following:
``(q) A person who violates section 922(aa)(3) shall--
``(1) in the case of the first violation by the person, be
fined under this title, imprisoned not more than 1 year, or
both; or
``(2) in the case of any subsequent violation by the
person, be fined under this title, imprisoned not more than 5
years, or both.''.
SEC. 302. MODERNIZATION OF THE PROHIBITION ON UNDETECTABLE FIREARMS.
Section 922(p) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``any firearm'';
(B) by amending subparagraph (A) to read as
follows:
``(A) an undetectable firearm; or''; and
(C) in subparagraph (B), by striking ``any major
component of which, when subjected to inspection by the
types of x-ray machines commonly used at airports, does
not generate'' and inserting the following: ``a major
component of a firearm which, if subjected to
inspection by the types of detection devices commonly
used at airports for security screening, would not
generate'';
(2) in paragraph (2)--
(A) by amending subparagraph (A) to read as
follows:
``(A) the term `undetectable firearm' means a firearm, as
defined in section 921(a)(3)(A), of which no major component is
wholly made of detectable material;'';
(B) by striking subparagraph (B) and inserting the
following:
``(B) the term `major component', with respect to a
firearm--
``(i) means the slide or cylinder or the frame or
receiver of the firearm; and
``(ii) in the case of a rifle or shotgun, includes
the barrel of the firearm; and''; and
(C) by striking subparagraph (C) and all that
follows through the end of the undesignated matter
following subparagraph (C) and inserting the following:
``(C) the term `detectable material' means any material
that creates a magnetic field equivalent to or more than 3.7
ounces of 17-4 pH stainless steel.'';
(3) in paragraph (3)--
(A) in the first sentence, by inserting ``,
including a prototype,'' after ``of a firearm''; and
(B) by striking the second sentence; and
(4) in paragraph (5), by striking ``shall not apply to any
firearm which'' and all that follows and inserting the
following: ``shall not apply to--
``(A) any firearm received by, in the possession of, or
under the control of the United States; or
``(B) the manufacture, importation, possession, transfer,
receipt, shipment, or delivery of a firearm by a licensed
manufacturer or licensed importer pursuant to a contract with
the United States.''.
TITLE IV--SAFE STORAGE
SEC. 401. ETHAN'S LAW.
(a) Secure Gun Storage or Safety Device.--Section 922(z) of title
18, United States Code, is amended by adding at the end the following:
``(4) Secure gun storage by owners.--
``(A) Offense.--
``(i) In general.--Except as provided in
clause (ii), it shall be unlawful for a person
to store or keep any firearm that has moved in,
or that has otherwise affected, interstate or
foreign commerce on the premises of a residence
under the control of the person if the person
knows, or reasonably should know, that--
``(I) a minor is likely to gain
access to the firearm without the
permission of the parent or guardian of
the minor; or
``(II) a resident of the residence
is ineligible to possess a firearm
under Federal, State, or local law.
``(ii) Exception.--Clause (i) shall not
apply to a person if the person--
``(I) keeps the firearm--
``(aa) secure using a
secure gun storage or safety
device; or
``(bb) in a location which
a reasonable person would
believe to be secure; or
``(II) carries the firearm on his
or her person or within such close
proximity thereto that the person can
readily retrieve and use the firearm as
if the person carried the firearm on
his or her person.
``(B) Penalty.--
``(i) In general.--Except as otherwise
provided in this subparagraph, any person who
violates subparagraph (A) shall be fined $500
per violation.
``(ii) Forfeiture of improperly stored
firearm.--Any firearm stored in violation of
subparagraph (A) shall be subject to seizure
and forfeiture in accordance with the
procedures described in section 924(d).
``(C) Minor defined.--In this paragraph, the term
`minor' means an individual who has not attained 18
years of age.''.
(b) Firearm Safe Storage Program.--Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is
amended by adding at the end the following:
``PART PP--FIREARM SAFE STORAGE PROGRAM
``SEC. 3051. FIREARM SAFE STORAGE PROGRAM.
``(a) In General.--The Assistant Attorney General shall make grants
to an eligible State or Indian Tribe to assist the State or Indian
Tribe in carrying out the provisions of any State or Tribal law that is
functionally identical to section 922(z)(4) of title 18, United States
Code.
``(b) Eligible State or Indian Tribe.--
``(1) In general.--Except as provided in paragraph (2), a
State or Indian Tribe shall be eligible to receive grants under
this section on and after the date on which the State or Indian
Tribe enacts legislation functionally identical to section
922(z)(4) of title 18, United States Code.
``(2) First year eligibility exception.--
``(A) In general.--A covered State or Indian Tribe
shall be eligible to receive a grant under this section
during the 1-year period beginning on the date of
enactment of this part.
``(B) Covered state or indian tribe.--In this
paragraph, the term `covered State or Indian Tribe'
means a State or Indian Tribe that, before the date of
enactment of this part, enacted legislation that is
functionally identical to section 922(z)(4) of title
18, United States Code.
``(c) Use of Funds.--Funds awarded under this section may be used
by a State or Indian Tribe to assist law enforcement agencies or the
courts of the State or Indian Tribe in enforcing and otherwise
facilitating compliance with any State law functionally identical to
section 922(z)(4), of title 18, United States Code.
``(d) Application.--An eligible State or Indian Tribe desiring a
grant under this section shall submit to the Assistant Attorney General
an application at such time, in such manner, and containing or
accompanied by such information, as the Assistant Attorney General may
reasonably require.
``(e) Incentives.--For each of fiscal years 2023 through 2027, the
Attorney General shall give affirmative preference to all Bureau of
Justice Assistance discretionary grant applications of a State or
Indian Tribe that has enacted legislation functionally identical to
section 922(z)(4) of title 18, United States Code.''.
SEC. 402. SAFE GUNS, SAFE KIDS.
Paragraph (4)(B) of section 922(z) of title 18, United States Code,
as added by this Act, is amended by adding at the end the following:
``(iii) Enhanced penalty.--If a person
violates subparagraph (A) and a minor or a
resident who is ineligible to possess a firearm
under Federal, State, or local law obtains the
firearm and causes injury or death to such
minor, resident, or any other individual, the
person shall be fined under this title,
imprisoned for not more than 5 years, or
both.''.
SEC. 403. KIMBERLY VAUGHAN FIREARM SAFE STORAGE.
(a) Best Practices for Safe Firearm Storage.--
(1) Establishment.--
(A) In general.--
(i) Not later than 180 days after the
enactment of this Act, the Attorney General
shall establish voluntary best practices
relating to safe firearm storage solely for the
purpose of public education.
(ii) The Attorney General shall give not
less than ninety days public notice, and shall
afford interested parties opportunity for
hearing, before establishing such best
practices.
(B) Requirements.--In establishing the best
practices required under subparagraph (A), the Attorney
General shall outline such best practices for
preventing firearm loss, theft, and other unauthorized
access for the following locations:
(i) Businesses.
(ii) Vehicles.
(iii) Private homes.
(iv) Off-site storage facilities.
(v) Any other such place the Attorney
General deems appropriate to provide such
guidance.
(C) Publication.--Not later than 1 year after the
enactment of this Act, the Attorney General shall
publish, in print and on a public website, the best
practices created pursuant to subparagraph (A) and
shall review such best practices and update them not
less than annually.
(b) Promotion of Safe Firearm Storage.--
(1) In general.--Section 923 of title 18, United States
Code, is amended by adding at the end the following:
``(m) Beginning on January 1, 2025, licensed manufacturers and
licensed importers that serialize not less than 250 firearms annually
pursuant to subsection (i) shall provide a clear and conspicuous
written notice with each manufactured or imported handgun, rifle, or
shotgun that--
``(1) is attached or adhered to, or appears on or within
any packaging of, each handgun, rifle, or shotgun; and
``(2) states `SAFE STORAGE SAVES LIVES' followed by the
address of the public website established by the Attorney
General pursuant to section 403(a) of the Protecting Our Kids
Act.''.
(c) Safe Storage Devices for All Firearm Sales.--
(1) In general.--Section 922(z) of title 18, United States
Code, is amended by striking ``handgun'' each place it appears
and inserting ``handgun, rifle, or shotgun''.
(2) Effective date.--This section and the amendments made
by this section shall take effect on the date that is 180 days
after the enactment of this Act.
(d) Kimberly Vaughan Safe Firearm Storage Grant Program.--Part PP
of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.), as added by this Act, is amended by adding
at the end the following:
``SEC. 3052. KIMBERLY VAUGHAN FIREARM SAFE STORAGE GRANT PROGRAM.
``(a) Authorization.--The Attorney General may award grants to
States and Indian Tribes for the development, implementation, and
evaluation of Safe Firearm Storage Assistance Programs.
``(b) Application Requirements.--Each applicant for a grant under
this section shall--
``(1) submit to the Attorney General an application at such
time, in such a manner, and containing such information as the
Attorney General may require; and
``(2) to the extent practicable, identify State, local,
Tribal, and private funds available to supplement the funds
received under this section.
``(c) Reporting Requirement.--
``(1) Grantee report.--A recipient of a grant under this
section shall submit to the Attorney General an annual report,
which includes the following information:
``(A) The amount distributed to each Safe Firearm
Storage Assistance Program in the jurisdiction.
``(B) The number of safe firearm storage devices
distributed by each such Safe Firearm Storage
Assistance Program.
A recipient of a grant under this section may not include any
personally identifying information of recipients of safe
firearms storage devices pursuant to a Safe Firearm Storage
Assistance Program that received funding pursuant to this
section.
``(2) Attorney general report.--Beginning 13 months after
the first grants are awarded under this section, and annually
thereafter, the Attorney General shall submit to Congress a
report, which shall include following information:
``(A) A list of grant recipients during the
previous year, including the funds awarded,
cumulatively and disaggregated by grantee.
``(B) The information collected pursuant to
subsection (d)(1).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Attorney General to carry out this section
$10,000,000 for each of fiscal years 2023 through 2033, to remain
available until expended.
``(e) Use of Funds.--Funds awarded under this section shall be
allocated as follows:
``(1) Not less than 75 percent of the funds received by a
grantee shall be used to create or to provide resources for
Safe Firearm Storage Assistance Programs in the jurisdiction.
``(2) Not more than 25 percent of the funds received by a
grantee may be made available to nonprofit organizations to
partner with units of local government to purchase and
distribute safe firearm storage devices.
``(f) Definitions.--For purposes of this section:
``(1) The term `safe firearm storage device' means a device
that is--
``(A) designed and marketed for the principal
purpose of denying unauthorized access to, or rendering
inoperable, a firearm or ammunition; and
``(B) secured by a combination lock, key lock, or
lock based on biometric information which, once locked,
is incapable of being opened without the combination,
key, or biometric information, respectively.
``(2) The term `Safe Firearm Storage Assistance Program'
means a program--
``(A) carried out by a unit of local government or
an Indian tribe; and
``(B) solely for the purpose of acquiring and
distributing safe firearm storage devices to the
public.''.
(e) Prevent Family Fire Safe Firearm Storage Credit.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45U. SAFE FIREARM STORAGE CREDIT.
``(a) Allowance of Credit.--For purposes of section 38, the safe
firearm storage credit determined under this section for the taxable
year is an amount equal to 10 percent of amounts received from the
first retail sale of a safe firearm storage device for use within the
United States.
``(b) Limitation.--
``(1) In general.--The amount taken into account under
subsection (a) with respect to a safe firearm storage device
shall not exceed $400.
``(2) Value.--If, in connection with a sale of a safe
firearm storage device, the transferee receives other property,
the amount taken into account under subsection (a) shall be
limited to the amount received solely with respect to the safe
firearm storage device, which shall be determined based on the
value of the safe firearm storage device relative to the value
of such other property.
``(c) Safe Firearm Storage Device.--For purposes of this section--
``(1) In general.--The term `safe firearm storage device'
means a device that is--
``(A) designed and marketed for the principal
purpose of denying unauthorized access to, or rendering
inoperable, a firearm or ammunition, and
``(B) secured by a combination lock, key lock, or
lock based on biometric information which, once locked,
is incapable of being opened without the combination,
key, or biometric information, respectively.
``(2) Exclusion.--The term `safe firearm storage device'
does not include--
``(A) any device which is incorporated to any
extent into the design of a firearm or of ammunition,
or
``(B) any device that, as of the day of the sale
described in subsection (a), has been subject to a
mandatory recall by the Consumer Product Safety
Commission.
``(3) Firearm; ammunition.--The terms `firearm' and
`ammunition' have the meanings given such terms in section 921
of title 18, United States Code (without regard to all that
follows `firearm silencer, or bump stock' in paragraph (3) of
such section).
``(d) Termination.--This section shall not apply to sales after
December 31, 2030.''.
(2) Credit made part of general business.--Subsection (b)
of section 38 of the Internal Revenue Code of 1986 is amended
by striking ``plus'' at the end of paragraph (32), by striking
the period at the end of paragraph (33) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(34) the safe firearm storage credit determined under
section 45U.''.
(3) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of such Code is
amended by adding at the end the following new item:
``Sec. 45U. Safe firearm storage credit.''.
(4) Report.--The Secretary of the Treasury shall make
publicly available an annual report of the total amount of
credit against tax determined under section 45U of such Code
for taxable years ending in the preceding calendar year,
disaggregated by State.
(5) Effective date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
TITLE V--CLOSING THE BUMP STOCK LOOPHOLE
SEC. 501. BUMP STOCKS.
(a) In General.--Section 5845 of the Internal Revenue Code of 1986
is amended--
(1) in subsection (a), by striking ``and (8) a destructive
device.'' and inserting ``(8) a destructive device; and (9) a
bump stock.''; and
(2) by adding at the end the following new subsections:
``(n) Bump Stock.--The term `bump stock' means any of the
following:
``(1) Any manual, power-driven, or electronic device that
is designed such that when the device is attached to a
semiautomatic weapon, the device eliminates the need for the
operator of a semiautomatic weapon to make a separate movement
for each individual function of the trigger and--
``(A) materially increases the rate of fire of the
semiautomatic weapon, or
``(B) approximates the action or rate of fire of a
machinegun.
``(2) Any part or combination of parts that is designed and
functions to eliminate the need for the operator of a
semiautomatic weapon to make a separate movement for each
individual function of the trigger and--
``(A) materially increases the rate of fire of a
semiautomatic weapon, or
``(B) approximates the action or rate of fire of a
machinegun.
``(3) Any semiautomatic weapon that has been modified in
any way that eliminates the need for the operator of the
semiautomatic weapon to make a separate movement for each
individual function of the trigger and--
``(A) materially increases the rate of fire of the
semiautomatic weapon, or
``(B) approximates the action or rate of fire of a
machinegun.
``(o) Semiautomatic Weapon.--The term `semiautomatic weapon' means
any repeating weapon that--
``(1) utilizes a portion of the energy of a firing
cartridge or shell to extract the fired cartridge case or shell
casing and chamber the next round, and
``(2) requires a separate function of the trigger to fire
each cartridge or shell.''.
(b) Amendments to Title 18, United States Code.--
(1) Section 921(a) of title 18, United States Code, as
amended by this Act, is further amended--
(A) in paragraph (3), by striking ``muffler or
firearm silencer'' and inserting ``muffler, firearm
silencer, or bump stock''; and
(B) by adding at the end the following:
``(41) The term `bump stock' has the meaning given such term in
section 5845(n) of the National Firearms Act (26 U.S.C. 5845(n)).''.
(2) Section 922 of title 18, United States Code, is
amended--
(A) in each of subsections (a)(4) and (b)(4), by
inserting ``bump stock,'' before ``machinegun''; and
(B) in subsection (o)(1), by inserting ``or bump
stock'' before the period.
TITLE VI--KEEP AMERICANS SAFE
SEC. 601. DEFINITIONS.
Section 921(a) of title 18, United States Code, as amended by this
Act, is further amended by adding at the end the following:
``(42) The term `large capacity ammunition feeding device'--
``(A) means a magazine, belt, drum, feed strip, helical
feeding device, or similar device, including any such device
joined or coupled with another in any manner, that has an
overall capacity of, or that can be readily restored, changed,
or converted to accept, more than 10 rounds of ammunition; and
``(B) does not include an attached tubular device designed
to accept, and capable of operating only with, .22 caliber
rimfire ammunition.
``(43) The term `qualified law enforcement officer' has the meaning
given the term in section 926B.''.
SEC. 602. RESTRICTIONS ON LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) In General.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (u) the following:
``(v)(1) It shall be unlawful for a person to import, sell,
manufacture, transfer, or possess, in or affecting interstate or
foreign commerce, a large capacity ammunition feeding device.
``(2) Paragraph (1) shall not apply to the possession of any large
capacity ammunition feeding device otherwise lawfully possessed on or
before the date of enactment of this subsection.
``(3) Paragraph (1) shall not apply to--
``(A) the importation for, manufacture for, sale to,
transfer to, or possession by the United States or a department
or agency of the United States or a State or a department,
agency, or political subdivision of a State, or a sale or
transfer to or possession by a qualified law enforcement
officer employed by the United States or a department or agency
of the United States or a State or a department, agency, or
political subdivision of a State for purposes of law
enforcement (whether on or off-duty), or a sale or transfer to
or possession by a campus law enforcement officer for purposes
of law enforcement (whether on or off-duty);
``(B) the importation for, or sale or transfer to a
licensee under title I of the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.) for purposes of establishing and
maintaining an on-site physical protection system and security
organization required by Federal law, or possession by an
employee or contractor of such licensee on-site for such
purposes or off-site for purposes of licensee-authorized
training or transportation of nuclear materials;
``(C) the possession, by an individual who is retired in
good standing from service with a law enforcement agency and is
not otherwise prohibited from receiving ammunition, of a large
capacity ammunition feeding device--
``(i) sold or transferred to the individual by the
agency upon such retirement; or
``(ii) that the individual purchased, or otherwise
obtained, for official use before such retirement; or
``(D) the importation, sale, manufacture, transfer, or
possession of any large capacity ammunition feeding device by a
licensed manufacturer or licensed importer for the purposes of
testing or experimentation authorized by the Attorney General.
``(4) For purposes of paragraph (3)(A), the term `campus law
enforcement officer' means an individual who is--
``(A) employed by a private institution of higher education
that is eligible for funding under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.);
``(B) responsible for the prevention or investigation of
crime involving injury to persons or property, including
apprehension or detention of persons for such crimes;
``(C) authorized by Federal, State, or local law to carry a
firearm, execute search warrants, and make arrests; and
``(D) recognized, commissioned, or certified by a
government entity as a law enforcement officer.''.
(b) Identification Markings for Large Capacity Ammunition Feeding
Devices.--Section 923(i) of title 18, United States Code, is amended by
adding at the end the following: ``A large capacity ammunition feeding
device manufactured after the date of enactment of this sentence shall
be identified by a serial number and the date on which the device was
manufactured or made, legibly and conspicuously engraved or cast on the
device, and such other identification as the Attorney General shall by
regulations prescribe.''.
(c) Seizure and Forfeiture of Large Capacity Ammunition Feeding
Devices.--Section 924(d) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in the first sentence--
(i) by striking ``Any firearm or ammunition
involved in'' and inserting ``Any firearm or
ammunition or large capacity ammunition feeding
device involved in'';
(ii) by striking ``or (k)'' and inserting
``(k), or (v)''; and
(iii) by striking ``any firearm or
ammunition intended'' and inserting ``any
firearm or ammunition or large capacity
ammunition feeding device intended''; and
(B) in the second and third sentences, by inserting
``or large capacity ammunition feeding device'' after
``firearms or ammunition'' each place the term appears;
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``or large
capacity ammunition feeding device'' after ``firearms
or ammunition''; and
(B) in subparagraph (C), by inserting ``or large
capacity ammunition feeding devices'' after ``firearms
or quantities of ammunition''; and
(3) in paragraph (3)(E), by inserting ``922(v),'' after
``922(n),''.
SEC. 603. PENALTIES.
Section 924(a)(1)(B) of title 18, United States Code, is amended by
striking ``or (q)'' and inserting ``(q), or (v)''.
SEC. 604. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR LARGE CAPACITY
AMMUNITION FEEDING DEVICES.
Section 501(a)(1) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at the
end the following:
``(I) Compensation for surrendered large capacity
ammunition feeding devices, as that term is defined in
section 921 of title 18, United States Code, under buy-
back programs for large capacity ammunition feeding
devices.''.
<all>
Rule H. Res. 1153 passed House.
Considered under the provisions of rule H. Res. 1153. (consideration: CR H5363-5396)
Rule provides for consideration of H.R. 2377 and H.R. 7910. Provides for one hour of debate on H.R. 2377 and two hours of debate on H.R. 7910. Also provides for a motion to recommit on each measure.
DEBATE - The House proceeded with two hours of debate on H.R. 7910.
The previous question was ordered pursuant to the rule.
Pursuant to section 3(a) of H.Res. 1153, the Chair will put the question on retaining each title of the bill, as amended.
On Retaining Title I Agreed to by the Yeas and Nays: 228 - 199 (Roll no. 237). (consideration: CR H5388-5389)
Roll Call #237 (House)On Retaining Title II Agreed to by the Yeas and Nays: 226 - 197 (Roll no. 238). (consideration: CR H5389)
Roll Call #238 (House)On Retaining Title III Agreed to by the Yeas and Nays: 226 - 194 (Roll no. 239). (consideration: CR H5389-5390)
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On Retaining Title IV Agreed to by the Yeas and Nays: 220 - 205 (Roll no. 240). (consideration: CR H5390-5391)
Roll Call #240 (House)On Retaining Title V Agreed to by the Yeas and Nays: 233 - 194 (Roll no. 241). (consideration: CR H5391)
Roll Call #241 (House)On Retaining Title VI Agreed to by the Yeas and Nays: 220 - 207 (Roll no. 242). (consideration: CR H5392)
Roll Call #242 (House)On Retaining Title VII Agreed to by the Yeas and Nays: 380 - 47 (Roll no. 243). (consideration: CR H5392-5393)
Roll Call #243 (House)Mr. Hudson moved to recommit to the Committee on the Judiciary. (text: CR H5393-5395)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
On motion to recommit Failed by the Yeas and Nays: 198 - 228 (Roll no. 244).
Roll Call #244 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 223 - 204 (Roll no. 245).
Roll Call #245 (House)On passage Passed by the Yeas and Nays: 223 - 204 (Roll no. 245). (text of amendment in the nature of a substitute: CR H5364-5367)
Roll Call #245 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.