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116th CONGRESS

2d Session

H. R. 5717

To end the epidemic of gun violence and build safer communities by strengthening Federal firearms laws and supporting gun violence research, intervention, and prevention initiatives.

IN THE HOUSE OF REPRESENTATIVES

January 30, 2020

Mr. Johnson of Georgia (for himself, Mr. Kennedy, Mr. Quigley, Mr. Brown of Maryland, Mr. Morelle, Ms. DeLauro, Mrs. Carolyn B. Maloney of New York, Mr. Keating, Mr. Lynch, Mr. Moulton, Ms. Pressley, Mrs. Trahan, Mr. McGovern, Mr. Danny K. Davis of Illinois, Mr. Neal, Ms. Clark of Massachusetts, and Mr. Pascrell) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and 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 end the epidemic of gun violence and build safer communities by strengthening Federal firearms laws and supporting gun violence research, intervention, and prevention initiatives.

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 “Gun Violence Prevention and Community Safety Act of 2020”.

(b) Table of contents.—The table of contents for this Act is as follows:



Sec. 306. Consumer product safety standards for gun locks and gun safes.

SEC. 101. License to own firearms and ammunition.

(a) In general.—Chapter 44 of title 18, United States Code, is amended by adding at the end the following:

“§ 932. License to own firearms and ammunition

“(a) In general.—Except otherwise provided in this section, it shall be unlawful for any individual who is not licensed under this section to knowingly purchase, acquire, or possess a firearm or ammunition.

“(b) Eligibility.—An individual shall be eligible to receive a license under this section if the individual—

“(1) has attained 21 years of age; and

“(2) has completed training in firearms safety, including—

“(A) a written test, to demonstrate knowledge of applicable firearms laws;

“(B) hands-on testing, including firing testing, to demonstrate safe use of a firearm;

“(C) as part of the process for applying for such a license—

“(i) has submitted to a background investigation and criminal history check of the individual, including a background check using the National Instant Criminal Background Check System, to ensure the individual is not prohibited from possessing a firearm under subsection (g) or (n) of section 922; and

“(ii) has submitted a photograph of the individual;

“(D) has not been determined by a court, in accordance with subsection (c)(5), to be unsuitable to be issued a Federal firearm owner's license; and

“(E) is not otherwise prohibited by Federal, State, Tribal, or local law from possessing a firearm.

“(c) Establishment of Federal Firearm Owner's license.—

“(1) IN GENERAL.—The Attorney General shall issue a Federal firearm owner's license to any individual who is eligible under subsection (b).

“(2) ISSUANCE OF LICENSE OR NOTICE OF DENIAL.—Not later than 40 days after the date on which an individual submits an application for a Federal firearm owner's license under this section, the Attorney General shall—

“(A) determine whether the individual is eligible to possess a license under this section; and

“(B) based on the determination under subparagraph (A)—

“(i) issue a Federal firearm owner's license to the individual; or

“(ii) provide written notice to the individual of—

“(I) the determination that the individual is ineligible to possess such a license based on the requirements described in subsection (b), which shall include an explanation for the determination; or

“(II) a petition filed under paragraph (5).

“(3) EXPIRATION.—A Federal firearm owner's license issued under this section shall expire on the date that is 10 years after the date on which the license was issued.

“(4) RENEWAL OF LICENSE.—

“(A) IN GENERAL.—A Federal firearm owner's license issued under this section may be renewed at the end of the 10-year period described in paragraph (3).

“(B) REQUIREMENTS.—The process for renewal of a Federal firearm owner's license under subparagraph (A) shall include—

“(i) an up-to-date background investigation and criminal history check of the individual; and

“(ii) a recent photograph of the individual.

“(C) ISSUANCE OF RENEWAL OR NOTICE OF DENIAL.—Not later than 40 days after the date on which an individual submits an application for a renewal of a Federal firearm owner's license under this paragraph, the Attorney General shall—

“(i) issue a renewed Federal firearm owner's license to the individual; and

“(ii) provide written notice to the individual of—

“(I) the determination that the individual is ineligible to possess such a license based on the requirements described in subsection (b), which shall include an explanation for the determination; or

“(II) a petition filed under paragraph (5).

“(5) ATF DETERMINATION OF UNSUITABILITY.—

“(A) IN GENERAL.—The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives may file a petition, which shall contain a written statement of the reasons supporting the request required under subparagraph (C), in an appropriate district court of the United States to request that—

“(i) an individual who has applied for a Federal firearm owner's license, or renewal thereof, under this section be denied the request for such license; or

“(ii) a previously issued Federal firearm owner's license be suspended or revoked.

“(B) NOTICE.—Any petition filed under subparagraph (A) shall include written notice to the individual who requested, or is in possession of, the Federal firearm owner's license, as the case may be, describing the facts and circumstances justifying the petition.

“(C) HEARING.—Not later than 90 days after the date on which a petition is filed under subparagraph (A), the court shall conduct a hearing.

“(D) FACTORS TO DETERMINE UNSUITABILITY.—Not later than 15 days after the date on which a hearing is conducted under subparagraph (C), the court shall find that an individual is unsuitable to possess a Federal firearm owner's license if, based on a preponderance of the evidence, there exists—

“(i) reliable, articulable, and credible information that the individual has exhibited or engaged in behavior to suggest the individual could potentially create a risk to public safety; or

“(ii) other existing factors that suggest that the individual could potentially create a risk to public safety.

“(E) NOTICE OF DETERMINATION.—If a court finds an individual is unsuitable to possess a Federal firearm owner's license, the court shall notify the applicant in writing, setting forth the specific reasons for such determination.

“(6) REVIEW.—A determination of the Director of Bureau of Alcohol, Tobacco, Firearms and Explosives or a district court of the United States under this subparagraph may be appealed to the appropriate court of the United States.

“(d) Exceptions.—

“(1) PREVIOUSLY POSSESSED FIREARMS.—Subsection (a) shall not apply to the possession of any firearm or ammunition by an individual who otherwise lawfully possessed the firearm or ammunition under Federal law on the date on which the Attorney General begins issuing Federal firearm owner's licenses under this section.

“(2) STATE LICENSES.—

“(A) IN GENERAL.—Subsection (a) shall not apply to an individual in a State if the Attorney General determines that the State—

“(i) has in effect a process for issuing a State firearm owner's license to eligible individuals in the State that is substantially similar to the requirements of subsection (b); and

“(ii) provides to the Attorney General real-time validity information relating to firearm owner's licenses issued by the State, for inclusion in the database described in section (f).

“(B) PUBLICATION OF LIST OF QUALIFYING STATES.—

“(i) IN GENERAL.—Not later than 2 years after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2020, the Attorney General shall publish a list of States that have in effect a process described in subparagraph (A).

“(ii) UPDATED LIST.—The Attorney General shall update the list described in clause (i) immediately upon determining that a State should be included on or removed from the list.

“(3) LICENSED DEALERS, MANUFACTURERS, AND IMPORTERS.—Subsection (a) shall not apply to an individual who is a licensed dealer, licensed manufacturer, or licensed importer.

“(4) AGENCIES AND LAW ENFORCEMENT OFFICERS.—

“(A) IN GENERAL.—Subsection (a) shall not apply to—

“(i) 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); or

“(ii) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 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.

“(B) DEFINITION.—For purposes of subparagraph (A), the term ‘campus law enforcement officer’ means an individual who is—

“(i) 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.);

“(ii) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes;

“(iii) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and

“(iv) recognized, commissioned, or certified by a government entity as a law enforcement officer.

“(e) Prohibition of straw purchasing.—It shall be unlawful for any person to willfully use a valid Federal or State firearm license to purchase a firearm or ammunition on behalf of another individual, regardless of whether the other individual has a valid Federal or State firearm license.

“(f) Penalties.—Any person who violates subsection (a) or (e) shall be imprisoned not more than 2 years, fined in accordance with this title, or both.

“(g) Database.—The Attorney General shall establish an electronic database, which shall be accessible by Federal, State, local, and Tribal law enforcement agencies and licensed dealers, through which a licensed dealer may verify the validity of a Federal firearm owner's license issued under this section.

“(h) Revocation of licenses.—

“(1) IN GENERAL.—The Attorney General shall revoke the Federal firearm owner's license issued to an individual under this section upon the occurrence of any event that would have disqualified the individual from being issued or renewed a Federal firearm owner's license under this section or for a violation of a restriction provided under this section.

“(2) REQUIRED NOTICE.—Upon revocation of a Federal firearm owner's license under paragraph (1), the Attorney General shall provide written notice of such revocation to the individual to whom the license was issued.

“(3) APPEAL OF REVOCATION.—

“(A) IN GENERAL.—An individual who has the Federal firearm owner's license of the individual revoked under this subsection may appeal the revocation determination to the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

“(B) REQUIREMENT.—Not later than 14 days after the date on which an individual appeals a revocation determination under subparagraph (A), the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall conduct a hearing on the appeal.

“(C) NOTICE OF DETERMINATION.—The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall provide written notice of the determination made after a hearing under subparagraph (B) regarding the appealed revocation to the individual.

“(D) APPEAL.—If the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives determines after a hearing under this paragraph to uphold the revocation, the determination may be appealed to an appropriate district court of the United States.

“(i) Authorization of appropriations.—There are authorized to be appropriated to the Attorney General such sums as are necessary to carry out this section.”.

(b) Clerical amendment.—The table of sections for such chapter is amended by adding at the end the following:



“932. License to own firearms and ammunition.”.

(c) Effective date.—The amendments made by subsections (a) and (b) shall take effect on the date that is 2 years after the date of enactment of this Act.

(d) Regulations.—

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out section 932 of title 18, United States Code, as added by subsection (a), including a regulation requiring that any firearm manufactured after the effective date described in subsection (c) of this section be legibly and conspicuously engraved or cast with the date on which the firearm was manufactured.

(2) REQUIREMENT.—The Attorney General shall conduct, not less frequently than annually, a background investigation of each individual to whom a Federal firearm owner's license is issued under this section to ensure that the individual is not prohibited from possessing a firearm under subsection (g) or (n) of section 922 or under State law.

(e) Annual report.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall submit a report to Congress on the implementation of section 932 of title 18, United States Code, as added by subsection (a), and recommendations, if any, for improvements of the system required to be established under such section 932.

SEC. 102. State firearms licensing.

(a) In general.—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 OO — Firearms licensing

“SEC. 3051. Definitions.

“(a) In general.—In this part—

“(1) the term ‘covered license’ means a—

“(A) firearms license; or

“(B) firearms dealer license;

“(2) the term ‘extreme risk protection order’—

“(A) means a written order, issued by a State court or signed by a magistrate that, for a period not to exceed a time frame established by the State—

“(i) prohibits the individual named in the order from having under the custody or control of the individual, purchasing, possessing, or receiving a firearm or ammunition; and

“(ii) requires that any firearm or ammunition under the custody or control of the individual be removed; and

“(B) does not include a domestic violence protection order, as defined in section 2266 of title 18, United States Code;

“(3) the term ‘prohibited individual’ means an individual who is categorically ineligible to receive a covered license;

“(4) the term ‘suitable’ means that an individual does not create a risk to public safety; and

“(5) the term ‘thorough background check’ means a Federal and State background check, which may include a fingerprint-based background check.

“(b) Prohibited individuals.—For purposes of this part, a State—

“(1) shall establish standards for categorizing an individual as a prohibited individual for purposes of receiving a covered license; and

“(2) in establishing standards with respect to a covered license under paragraph (1), shall take into consideration whether limitations may be warranted based on—

“(A) criminal history;

“(B) whether an individual has been—

“(i) deemed a danger to himself or herself or other individuals by a court or authorized administrative body; or

“(ii) committed to a hospital or institution as a danger to himself or herself or other individuals;

“(C) age;

“(D) legal residency;

“(E) military dishonorable discharges;

“(F) whether an individual is subject to a permanent or temporary protection order or has ever been convicted of a misdemeanor crime of domestic violence;

“(G) outstanding arrest warrants;

“(H) status as a fugitive;

“(I) renunciation of United States citizenship; and

“(J) other factors relevant to the suitability of a license holder.

“SEC. 3052. Grants and conditions.

“(a) Grants authorized.—The Assistant Attorney General may make grants to States to implement or maintain firearms and firearms dealer licensing requirements.

“(b) Duration of grants.—A grant under subsection (a) shall be for a period of 3 fiscal years.

“(c) Use of funds for firearms and firearms dealer licensing.—

“(1) ACTIVITIES.—Amounts received under a grant under subsection (a) shall be used for the implementation or maintenance of firearms and firearms dealer licensing requirements, which shall incorporate and implement the elements described in paragraph (2).

“(2) ELEMENTS.—The elements described in this paragraph are those providing that—

“(A) an individual shall have a firearms license—

“(i) at the time of the purchase, rental, or lease of a firearm or purchase of ammunition; and

“(ii) during the entire period of ownership or possession of a firearm or ammunition;

“(B) (i) an individual who (including the owner or operator of a business that) sells, rents, or leases a minimum number of firearms, or sells ammunition, during a calendar year shall obtain a firearms dealer license; and

“(ii) the State shall establish the minimum number of firearms for purposes of clause (i), which may not be higher than 10 per calendar year;

“(C) the chief of police or the board or officer having control of the police department of a local government, or a designee within the same department, shall function as the licensing authority;

“(D) for an application for issuance or renewal of a firearms license, the licensing authority shall—

“(i) conduct a thorough background check, which may include—

“(I) conducting an interview with the applicant;

“(II) requiring the submission of letters of reference stating that the applicant is of sound mind and character; and

“(III) any other requirements the State determines relevant; and

“(ii) make a determination of suitability;

“(E) a first-time firearms license applicant shall complete safety training;

“(F) for an application for issuance or renewal of a firearms dealer license, the licensing authority shall conduct an investigation into the criminal history of the applicant, which may include—

“(i) an interview with the applicant;

“(ii) a thorough background check; and

“(iii) any other requirements the State determines relevant;

“(G) the State shall establish appropriate application processes for covered licenses consistent with Federal, State, and local law;

“(H) the State shall establish standards and processes by which licensing authorities can revoke, suspend, or deny the issuance or renewal of a covered license;

“(I) the State shall ensure that a revocation, suspension, or denial cannot be based on race, color, ethnicity, religion, sex, sexual orientation, or gender identity;

“(J) the State shall establish judicial review processes by which any applicant for or holder of a covered license may, within a reasonable time period, petition to obtain judicial review of a revocation, suspension, or denial of the issuance or renewal of a covered license;

“(K) the State shall establish—

“(i) standards and a process under which a family member of an individual who the family member fears is a danger to himself, herself, or others may petition for an extreme risk protection order; and

“(ii) standards for the termination or extension of an order described in clause (i);

“(L) the State shall establish processes under which—

“(i) an individual whose covered license is revoked or suspended, or whose application for issuance or renewal of a covered license is denied, shall surrender or transfer all firearms and ammunition that are or would have been covered by the license; and

“(ii) an individual who is subject to an extreme risk protection order or a domestic protection order, as defined in section 2266 of title 18, United States Code, shall surrender or transfer all firearms and ammunition in the possession of the individual;

“(M) the State shall establish requirements with which a firearms dealer licensee must comply, which—

“(i) shall include requirements relating to—

“(I) the location at which the licensee conducts firearm or ammunition transactions;

“(II) the manner in which the licensee records firearm or ammunition transactions;

“(III) background checks for employees of the licensee; and

“(IV) any other matter that the State determines appropriate; and

“(ii) may include requirements that a licensee—

“(I) maintain a permanent place of business—

“(aa) that is not a residence; and

“(bb) at which the licensee conducts all firearms or ammunition transactions;

“(II) submit to mandatory record and inventory inspections by a licensing authority;

“(III) maintain a sales record book at the permanent place of business described in subclause (I) in accordance with standards established by the State;

“(IV) conduct a pre-employment background check on each potential employee to determine the suitability of any potential employee who may have direct and unmonitored contact with a firearm or ammunition; and

“(V) take any other action that the State determines appropriate;

“(N) the State shall promulgate rules and regulations to ensure the prompt collection, exchange, dissemination, and distribution of information pertaining to the issuance, renewal, expiration, suspension, or revocation of a covered license;

“(O) the State shall establish standards that are consistent with Federal and State law—

“(i) governing the transfer of a firearm or ammunition; and

“(ii) for identifying a prohibited individual, in accordance with section 3051(b);

“(P) the State shall promulgate rules and regulations that require a dealer or private seller of firearms or ammunition to verify the validity of a firearms license before the sale, rental, or lease of any firearm or the sale of any ammunition;

“(Q) a dealer or private seller of firearms or ammunition shall report all sales, rentals, and leases of firearms, and sales of ammunition, to State authorities;

“(R) a dealer of firearms or ammunition shall notify the licensing authority when presented with an invalid or expired firearms license;

“(S) any firearms licensee whose firearm or ammunition is lost or stolen shall report the loss or theft to the licensing authority and State authorities within a reasonable time frame and in a manner established by the State;

“(T) an individual holding a firearms license or firearms dealer license shall renew the license on a time frame established by the State;

“(U) an individual may not use the firearms license of the individual to purchase a firearm or ammunition for—

“(i) the unlawful use of the firearm or ammunition by another individual; or

“(ii) the resale or other transfer of the firearm or ammunition to an unlicensed individual; and

“(V) (i) it shall be unlawful to store or keep a firearm in any place unless the firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render the firearm inoperable by any individual other than the owner or other lawfully authorized user; and

“(ii) for purposes of clause (i), a firearm shall not be considered to be stored or kept if carried by or under the control of the owner or other lawfully authorized user.

“(3) SEPARATE AMMUNITION DEALER LICENSE PERMITTED.—A State that requires a license for dealing ammunition that is separate from a license for dealing firearms shall be deemed to have satisfied the requirements under paragraph (2) relating to a firearms dealer license, as that license relates to the dealing of ammunition, if the State imposes the same requirements for an ammunition dealer license as are mandated under paragraph (2) for a firearms dealer license, as that license relates to the dealing of ammunition.

“(d) Application.—To be eligible to receive a grant under subsection (a), a State shall submit to the Assistant Attorney General an application at such time, in such manner, and containing such information as the Assistant Attorney General may require, including a description of how the State will use the grant to implement or maintain firearms and firearms dealer licensing requirements that include the elements described in subsection (c)(2).

“(e) Annual report.—Each State receiving a grant under this section shall submit to the Assistant Attorney General, for each fiscal year during which the State expends amounts received under the grant, a report, at such time and in such manner as the Assistant Attorney General may reasonably require, that contains—

“(1) a summary of the activities carried out using amounts made available under the grant;

“(2) an assessment of whether the activities are achieving the elements described in subsection (c)(2); and

“(3) such other information as the Assistant Attorney General may require.

“(f) Limitations on the allocation of funds.—Not more than 2 percent of the amount made available to carry out this section in any fiscal year may be used by the Assistant Attorney General for salaries and administrative expenses.

“(g) Reallocation of appropriations.—A recipient of a grant under subsection (a) shall return to the Assistant Attorney General any amounts received under the grant that are not expended for a purpose described in this section.”.

(b) Authorization of appropriations.—Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)) is amended by adding at the end the following:

“(29) There are authorized to be appropriated such sums as may be necessary to carry out part OO.”.

SEC. 201. Universal background checks.

(a) In general.—Section 922 of title 18, United States Code, as amended by this Act, is amended—

(1) by repealing subsection (s);

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

(3) in subsection (s), as redesignated—

(A) in paragraph (1)—

(i) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively; and

(ii) by inserting before subparagraph (B), as so redesignated, the following:

“(A) beginning on the date that the database is established under section 932(g), before completion of the transfer, the licensee verifies, using such database, that the purchaser has a valid—

“(i) Federal firearm owner's license issued under section 932; or

“(ii) qualifying State firearm license, as described in section 932(d)(2), for the State in which the transfer will occur;”; and

(B) in paragraph (3)—

(i) by striking subparagraph (A);

(ii) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and

(iii) in subparagraph (B)(ii), as so redesignated, by striking “(as defined in subsection (s)(8))”; and

(4) by inserting after subsection (s), as so redesignated, the following: “(t) (1) (A) Beginning on the date that is 180 days after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2020, 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, 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—

“(i) will use or intends to use the firearm in a crime or is prohibited from possessing firearms under Federal, State, Tribal, or local law;

“(ii) has committed domestic violence (as defined in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291) or by the jurisdiction in which the transfer is occurring or in which the transferee resides); or

“(iii) is subject to a protection order (as defined in section 2266);

“(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, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm;

“(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, Federal, Tribal, or local law, and no reason to believe that the transferee has committed domestic violence (as defined in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291) or by the jurisdiction in which the transfer is occurring or in which the transferee resides) or is subject to a protection order (as defined in section 2266), 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.”.

(b) Technical and conforming amendments.—

(1) 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)”.

(2) SECTION 925A.—Section 925A of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking “subsection (s) or (t) of section 922” and inserting “section 922(s)”.

SEC. 202. COMPLETION OF BACKGROUND CHECKS; 7-DAY WAITING PERIOD.

Section 922(s)(1)(C) of title 18, United States Code, as amended by section 201 of this Act, is amended—

(1) in clause (i), by striking “; or” and inserting “; and”; and

(2) in clause (ii)—

(A) by striking “3 business” and inserting “not less than 7 business”; and

(B) by striking “, and the” and all that follows through “this section”.

SEC. 203. Reporting of background check denials.

(a) In general.—Chapter 44 of title 18, United States Code, is amended by inserting after section 925A the following:

“§ 925B. Reporting of background check denials to State authorities

“(a) In general.—If the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) (commonly referred to as ‘NICS’) provides a notice pursuant to section 922(s) of this title that the receipt of a firearm by a person would violate subsection (g) or (n) of section 922 of this title or State law, the Attorney General shall, in accordance with subsection (b) of this section—

“(1) report to the law enforcement authorities of the State where the person sought to acquire the firearm and, if different, the law enforcement authorities of the State of residence of the person—

“(A) that the notice was provided;

“(B) the specific provision of law that would have been violated;

“(C) the date and time the notice was provided;

“(D) the location where the firearm was sought to be acquired; and

“(E) the identity of the person; and

“(2) where practicable, report the incident to local law enforcement authorities and State and local prosecutors in the jurisdiction where the firearm was sought and in the jurisdiction where the person resides.

“(b) Requirements for report.—A report is made in accordance with this section if the report is made within 24 hours after the provision of the notice described in subsection (a), except that the making of the report may be delayed for so long as is necessary to avoid compromising an ongoing investigation.

“(c) Amendment of report.—If a report is made in accordance with this section and, after such report is made, the Federal Bureau of Investigation or the Bureau of Alcohol, Tobacco, Firearms and Explosives determines that the receipt of a firearm by a person for whom the report was made would not violate subsection (g) or (n) of section 922 of this title or State law, the Attorney General shall, in accordance with subsection (b), notify any law enforcement authority and any prosecutor to whom the report was made of that determination.

“(d) Rule of construction.—Nothing in subsection (a) shall be construed to require a report with respect to a person to be made to the same State authorities that originally issued the notice with respect to the person.

“§ 925C. Annual report to Congress

“Not later than 1 year after the date of enactment of this section, and annually thereafter, the Attorney General shall submit to Congress a report detailing the following, broken down by Federal judicial district:

“(1) With respect to each category of persons prohibited by subsection (g) or (n) of section 922 of this title or State law from receiving or possessing a firearm who are so denied a firearm—

“(A) the number of denials;

“(B) the number of denials referred to the Bureau of Alcohol, Tobacco, Firearms and Explosives;

“(C) the number of denials for which the Bureau of Alcohol, Tobacco, Firearms and Explosives determines that the person denied was not prohibited by subsection (g) or (n) of section 922 of this title or State law from receiving or possessing a firearm;

“(D) the number of denials overturned through the national instant criminal background check system appeals process and the reasons for overturning the denials;

“(E) the number of denials with respect to which an investigation was opened by a field division of the Bureau of Alcohol, Tobacco, Firearms and Explosives;

“(F) the number of persons charged with a Federal criminal offense in connection with a denial; and

“(G) the number of convictions obtained by Federal authorities in connection with a denial.

“(2) The number of background check notices reported to State authorities pursuant to section 925B (including the number of the notices that would have been so reported but for section 925B(c)).”.

(b) Clerical amendment.—The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 925A the following:

SEC. 301. Protecting victims of domestic violence.

(a) Definition.—Section 921(a) of title 18, United States Code, is amended—

(1) by striking paragraph (32) and inserting the following:

“(32) The term ‘intimate partner’ means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who cohabitates or has cohabited with the person, a dating partner or former dating partner (as defined in section 2266) of the person, and any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the jurisdiction in which the injury occurred or where the victim resides.”;

(2) in paragraph (33)(A)—

(A) in the matter preceding clause (i), by striking “Except as provided in subparagraph (C), the term” and inserting “The term”;

(B) in clause (i), by inserting “municipal,” after “State,”; and

(C) in clause (ii), by inserting “dating partner (as defined in section 2266),” after “spouse,” each place the term appears; and

(3) by adding at the end the following:

“(36) (A) The term ‘misdemeanor crime of stalking’ means an offense that—

“(i) is a misdemeanor crime of stalking under Federal, State, Tribal, or municipal law; and

“(ii) is a course of harassment, intimidation, or surveillance of another person that—

“(I) places that person in reasonable fear of material harm to the health or safety of—

“(aa) that person;

“(bb) an immediate family member (as defined in section 115) of that person;

“(cc) a household member of that person; or

“(dd) a spouse or intimate partner of that person; or

“(II) causes, attempts to cause, or would reasonably be expected to cause emotional distress to a person described in item (aa), (bb), (cc), or (dd) of subclause (I).

“(B) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—

“(i) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and

“(ii) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either—

“(I) the case was tried by a jury; or

“(II) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.

“(C) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.”.

(b) Addition of stalking and those subject to court order.—Section 922 of title 18, United States Code, is amended—

(1) in subsection (d)—

(A) in paragraph (8)—

(i) in the matter preceding clause (i), by striking “that restrains such person” and all that follows and inserting “described in subsection (g)(8);”; and

(ii) by striking subparagraphs (A) and (B);

(B) in paragraph (9), by striking the period at the end and inserting a semicolon; and

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

“(10) has been convicted in any court of a misdemeanor crime of stalking; or”; and

(2) in subsection (g)—

(A) by amending paragraph (8) to read as follows:

“(8) who is subject to a court order—

“(A) that was issued—

“(i) after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; or

“(ii) in the case of an ex parte order, relative to which notice and opportunity to be heard are provided—

“(I) within the time required by State, tribal, or territorial law; and

“(II) in any event within a reasonable time after the order is issued, sufficient to protect the due process rights of the person;

“(B) that restrains such person from—

“(i) harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; or

“(ii) intimidating or dissuading a witness from testifying in court; and

“(C) that—

“(i) includes a finding that such person represents a credible threat to the physical safety of such individual described in subparagraph (B); or

“(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such individual described in subparagraph (B) that would reasonably be expected to cause bodily injury;”;

(B) in paragraph (9), by striking the comma at the end and inserting a semicolon; and

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

“(10) has been convicted in any court of a misdemeanor crime of stalking; or”.

SEC. 302. Fugitives from justice.

Chapter 44 of title 18, United States Code, is amended—

(1) in section 921(a)(15) of title 18, United States Code, is amended—

(A) by striking the period at the end and inserting “; or”; and

(B) by adding at the end the following:

“(B) is subject to an outstanding arrest warrant issued by any court.”; and

(2) in section 922(g)(2) of title 18, United States Code, is amended by inserting “knows that he or she” after “who”.

SEC. 303. Minimum age for purchasing firearms and ammunition.

(a) In general.—Chapter 44 of title 18, United States Code, is amended—

(1) in section 922—

(A) in subsection (a)—

(i) in paragraph (2)(A), by striking “(b)(3)” and inserting “(b)(2)”;

(ii) in paragraph (3), by striking “(b)(3)” and inserting “(b)(2)”;

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

(iv) by adding at the end the following:

“(10) for any person to transfer, sell, trade, give, transport, or deliver any firearm or ammunition to any person who the transferor knows or has reasonable cause to believe is less than 21 years of age, except that this paragraph shall not apply to—

“(A) a temporary transfer of a firearm or ammunition to a person who is less than 21 years of age or to the possession or use of a firearm or ammunition by a person who is less than 21 years of age if the firearm or ammunition is possessed and used by the person—

“(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the person (or on property used for ranching or farming at which the person, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a firearm;

“(ii) with the prior written consent of the person’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except—

“(I) during transportation by the person of an unloaded firearm in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the person of that firearm, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or

“(II) with respect to ranching or farming activities as described in clause (i), a person who is less than 21 years of age may possess and use a firearm or ammunition with the prior written approval of the person’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;

“(iii) the person has the prior written consent in the person’s possession at all times when a firearm or ammunition is in the possession of the person; and

“(iv) in accordance with State and local law;

“(B) a person who is less than 21 years of age who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a firearm or ammunition in the line of duty;

“(C) a transfer by inheritance of title (but not possession) of a firearm or ammunition to a person who is less than 21 years of age; or

“(D) the possession of a firearm or ammunition by a person who is less than 21 years of age for the purpose described in subsection (x)(3)(D).”;

(B) in subsection (b)—

(i) by striking paragraph (1);

(ii) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively; and

(iii) in the undesignated matter following paragraph (4), as so redesignated—

(I) in the first sentence, by striking “Paragraphs (1), (2), (3), and (4)” and inserting “Subsection (a)(10) and paragraphs (1), (2), and (3)”; and

(II) in the second sentence, by striking “Paragraph (4)” and inserting “Paragraph (3)”; and

(C) in subsection (c)(1), by striking “, in the case of any firearm other than a shotgun or a rifle, I am twenty-one years or more of age, or that, in the case of a shotgun or a rifle, I am eighteen years or more of age” and inserting “I am 21 years or more of age”; and

(2) in section 924—

(A) in subsection (a)(6), by striking “handgun” each place the term appears and inserting “firearm”; and

(B) in subsection (d)(3)(C), by striking “922(b)(3)” each place the term appears and inserting “922(b)(2)”.

(b) Technical and conforming amendments.—

(1) Section 4182(d) of the Internal Revenue Code of 1986 is amended by striking “922(b)(5)” and inserting “922(b)(4)”.

(2) Section 161A(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2201a(b)) is amended, in the matter preceding paragraph (1), by striking “(b)(2), (b)(4)” and inserting “(b)(1), (b)(3)”.

SEC. 304. Secure gun storage by owners.

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.—Any person who violates subparagraph (A) shall be subject to a $500 civil penalty per violation.

“(ii) 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, the person shall be fined under this title, imprisoned for not more than 5 years, or both.

“(iii) 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 is less than 18 years of age.”.

SEC. 305. Secure gun storage or safety device for all firearms.

Section 922(z) of title 18, United States Code, is amended by striking “handgun” each place it appears and inserting “firearm”.

SEC. 306. Consumer product safety standards for gun locks and gun safes.

(a) In general.—The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended by adding at the end the following:

“SEC. 43. Consumer product safety standards for firearm locks and firearm safes.

“(a) Establishment of standards.—

“(1) RULEMAKING REQUIRED.—

“(A) RULEMAKING PROCEEDING.—Notwithstanding section 3(a)(5)(E), the Commission shall initiate a rulemaking proceeding under section 553 of title 5, United States Code, within 90 days after the date of the enactment of this section to establish—

“(i) a consumer product safety standard for firearm locks; and

“(ii) a consumer product safety standard for firearm safes.

“(B) FINAL RULE.—Notwithstanding any other provision of law, including chapter 5 of title 5, United States Code, the Commission shall promulgate final consumer product safety standards under this paragraph within 12 months after the date on which the Commission initiates the rulemaking proceeding under subparagraph (A).

“(C) EFFECTIVE DATE.—Each final consumer product safety standard promulgated under this paragraph shall take effect 6 months after the date on which such standard is promulgated.

“(2) REQUIREMENTS FOR FIREARM LOCK STANDARD.—The standard for firearm locks promulgated under paragraph (1) shall require firearm locks that—

“(A) are sufficiently difficult for an unauthorized user to de-activate or remove; and

“(B) prevent the discharge of the firearm unless the firearm lock has been de-activated or removed.

“(3) REQUIREMENTS FOR FIREARM SAFE STANDARD.—The standard for firearm safes promulgated under paragraph (1) shall require firearm safes that reliably secure firearms from unauthorized users, and include reliable security features, quality, and construction to reliably prevent unauthorized users from gaining access to a firearm by damaging or physically manipulating the safe.

“(b) Certain provisions not To apply.—

“(1) PROVISIONS OF THIS ACT.—Sections 7 and 9 of this Act do not apply to the rulemaking proceeding under paragraph (1) of subsection (a).

“(2) CHAPTER 5 OF TITLE 5.—Except for section 553, chapter 5 of title 5, United States Code, does not apply to this section.

“(3) CHAPTER 6 OF TITLE 5.—Chapter 6 of title 5, United States Code, does not apply to this section.

“(4) NATIONAL ENVIRONMENTAL POLICY ACT.—The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) does not apply to this section.

“(c) No effect on State law.—Notwithstanding section 26 of this Act, this section does not annul, alter, impair, affect, or exempt any person subject to a consumer product safety standard promulgated under subsection (a)(1) from complying with any provision of the law of any State or any political subdivision thereof, except to the extent that such provision is inconsistent with any such standard, and then only to the extent of the inconsistency. A provision of the law of a State or a political subdivision thereof is not inconsistent with a consumer product safety standard promulgated under subsection (a)(1) if such provision affords greater protection to individuals with respect to firearms than is afforded by such standard.

“(d) Enforcement.—Notwithstanding subsection (b)(1), the consumer product safety standards promulgated by the Commission under subsection (a)(1) shall be enforced under this Act as if such standards were consumer product safety standards described in section 7(a).

“(e) Definitions.—In this section:

“(1) FIREARM.—The term ‘firearm’ has the meaning given the term in section 921(a) of title 18, United States Code.

“(2) FIREARM LOCK.—The term ‘firearm lock’ means any disabling or locking device that is not built into the firearm at the time of manufacture and that is designed to prevent the firearm from being discharged unless the device has been deactivated or removed.

“(3) FIREARM SAFE.—The term ‘firearm safe’ means a container that is advertised to be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.”.

(b) Conforming amendment.—Section 1 of the Consumer Product Safety Act is amended by adding at the end of the table of contents the following:



“Sec. 43. Consumer product safety standards for firearm locks and firearm safes.”.

(c) Authorization of appropriations.—There are authorized to be appropriated to the Consumer Product Safety Commission $2,000,000 to carry out the provisions of section 43 of the Consumer Product Safety Act, as added by subsection (a), such sums to remain available until expended.

SEC. 307. Gun-free school zones.

(a) Extension of Gun-Free School Zones Act to colleges and universities.—Section 921(a) of title 18, United States Code, is amended—

(1) in paragraph (25), by striking “public, parochial or private” each place that term appears; and

(2) in paragraph (26)—

(A) by striking “means a school” and inserting the following: “means—

“(A) a public, parochial, or private school”; and

(B) by striking the period at the end and inserting the following: “; and

“(B) an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).”.

(b) Elimination of exception for licensed individuals.—Section 922(q)(2)(B) of title 18, United States Code, is amended—

(1) by striking clause (ii); and

(2) by redesignating clauses (iii) through (vii) as clauses (ii) through (vi), respectively.

SEC. 401. Extreme risk protection order grant program.

(a) Definitions.—In this section:

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

(A) a State or Indian Tribe—

(i) that enacts legislation described in subsection (c);

(ii) with respect to which the Attorney General determines that the legislation described in subsection (c) complies with the requirements of this section; and

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

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

(II) allocate not less than 25 percent of the amount received under a grant under this section 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 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 this section; and

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

(2) EXTREME RISK PROTECTION ORDER.—

(A) IN GENERAL.—The term “extreme risk protection order” means a written order or warrant, issued by a State, Tribal, or local 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 1 or more of the following:

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

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

(B) EXCLUSION.—The term “extreme risk protection order” does not include a domestic violence protection order, as defined in section 2266 of title 18, United States Code.

(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 Omnibus Crime Control and Safe Streets Act of 1968 (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) any 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 title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).

(b) Grant program established.—

(1) 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 this section.

(2) USE OF FUNDS.—Funds awarded under this section may be used by an applicant to—

(A) 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 this section;

(B) 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;

(C) 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 this section in a safe and effective manner, including through the removal and storage of firearms pursuant to extreme risk protection orders under the legislation; and

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

(3) 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.

(4) INCENTIVES.—For each of fiscal years 2020 through 2024, the Attorney General shall give affirmative preference in awarding any discretionary grant awarded by the Office of Community Oriented Policing Services to a State or Indian Tribe that has enacted legislation described in this section.

(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry out this section.

(c) Eligibility for extreme risk protection order grant program.—

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

(A) 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, State, or tribal agency, that—

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

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

(B) NOTICE AND DUE PROCESS.—The individual named in an application for an extreme risk protection order described in subparagraph (A) shall be given written notice of the application and an opportunity to be heard on the matter in accordance with this section.

(C) ISSUANCE OF EXTREME RISK PROTECTION ORDERS.—

(i) HEARING.—

(I) IN GENERAL.—Upon receipt of an application described in subparagraph (A) or request of an individual named in the application, the court shall order a hearing to be held within a reasonable time, no later than 30 days after the date on which the application or request is made.

(II) DETERMINATION.—If the court finds by a preponderance of the evidence or a higher evidentiary standard established by a State that the respondent poses a danger of causing harm to the respondent or others by having access to a firearm, the court may issue an extreme risk protection order.

(ii) DURATION OF EXTREME RISK PROTECTION ORDER.—An extreme risk protection order shall be in effect—

(I) until an order terminating or superseding the order is issued; or

(II) for a set period of time.

(D) EX PARTE EXTREME RISK PROTECTION ORDERS.—

(i) IN GENERAL.—Upon receipt of an application described in subparagraph (A), the court may issue an ex parte extreme risk protection order, if—

(I) the application for an extreme risk protection order alleges that the respondent poses a danger of causing harm to the respondent or others by having access to a firearm; and

(II) the court finds there is reasonable cause to believe, or makes a finding under such other, higher evidentiary standard as a State may establish, that the respondent poses a danger of causing harm to the respondent or others by having access to a firearm.

(ii) DURATION OF EX PARTE EXTREME RISK PROTECTION ORDER.—An ex parte extreme risk protection order shall remain in effect only until the hearing required under this section.

(E) STORAGE OF REMOVED FIREARMS.—

(i) IN GENERAL.—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 eligibility to possess firearms.

(ii) AUTHORITY OF LAW ENFORCEMENT.—A law enforcement agency may—

(I) contract with a manufacturer, dealer, or importer licensed under chapter 44 of title 18, United States Code, for the secure storage of firearms retained as described in clause (i); and

(II) transfer a firearm described in clause (i) upon proof that the named individual will no longer have access to the firearm.

(F) NOTIFICATION.—

(i) IN GENERAL.—A State or tribal court that issues an extreme risk protection order shall notify the Attorney General or the comparable State or tribal agency, as applicable, of the order as soon as practicable or within a designated period of time.

(ii) ELECTRONIC FORMAT.—A notice required under clause (i) shall be submitted in an electronic format, in a manner prescribed by the Attorney General or the comparable State or tribal agency.

(iii) UPDATE OF DATABASES.—As soon as is practicable or within a designated period of time after receiving a notification under clause (i), the Attorney General or the comparable State or tribal agency shall ensure the extreme risk protection order is reflected in the National Instant Criminal Background Check System.

(G) CONFIDENTIALITY PROTECTIONS.—All personally identifiable information provided to the court, the Department of Justice, and comparable State or tribal agencies shall be kept confidential, as required by the laws of the relevant jurisdiction, except as necessary to carry out this Act.

(2) ADDITIONAL PROVISIONS.—Legislation described in this subsection may—

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

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

(C) establish burdens and standards of proof for issuance of orders described in this subsection that are substantially similar or higher than the burdens and standards of proof set forth in this subsection;

(D) limit the individuals who may submit an application described in this subsection; and

(E) include other authorizations or requirements the State or tribal authorities deem appropriate.

SEC. 402. Federal extreme risk protection orders.

(a) In general.—Chapter 44 of title 18, United States Code, as amended by section 101 of this Act, is amended by adding at the end the following:

“§ 933. Extreme risk protection orders

“(a) Definitions.—In this section:

“(1) COURT.—The term ‘court’ means a district court of the United States.

“(2) DESIGNATED LAW ENFORCEMENT OFFICER.—The term ‘designated law enforcement officer’ means a law enforcement officer, designated by a United States marshal, who agrees to receive firearms, ammunition, and permit, as applicable, surrendered under subsection (f).

“(3) DIRECTOR.—The term ‘Director’ means the Director of the Administrative Office of the United States Courts.

“(4) EX PARTE EXTREME RISK PROTECTION ORDER; EX PARTE ORDER.—The term ‘ex parte extreme risk protection order’ or ‘ex parte order’ means an extreme risk protection order issued under subsection (c).

“(5) EXTREME RISK PROTECTION ORDER.—The term ‘extreme risk protection order’—

“(A) means an order issued by a Federal court under this section, the primary purpose of which is to reduce the risk of firearm-related death or injury by enjoining an individual from purchasing, possessing, or receiving, in or affecting interstate and foreign commerce, a firearm or ammunition; and

“(B) does not include a domestic violence protection order, as defined in section 2266.

“(6) FAMILY OR HOUSEHOLD MEMBER.—The term ‘family or household member’, with respect to a respondent, means any—

“(A) parent, spouse, sibling, or child related by blood, marriage, or adoption to the respondent;

“(B) dating partner of the respondent;

“(C) individual who has a child in common with the respondent, regardless of whether the individual has—

“(i) been married to the respondent; or

“(ii) lived together with the respondent at any time;

“(D) individual who resides or has resided with the respondent during the past year;

“(E) domestic partner of the respondent;

“(F) individual who has a legal parent-child relationship with the respondent, including a stepparent-stepchild and grandparent-grandchild relationship; or

“(G) individual who is acting or has acted as the legal guardian of the respondent.

“(7) LAW ENFORCEMENT OFFICER.—The term ‘law enforcement officer’ means any officer, agent, or employee of the Federal Government or a State government, unit of local government, or Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) authorized—

“(A) by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law; or

“(B) by law to supervise sentenced criminal offenders.

“(8) LONG-TERM EXTREME RISK PROTECTION ORDER; LONG-TERM ORDER.—The term ‘long-term extreme risk protection order’ or ‘long-term order’ means an extreme risk protection order issued under subsection (d).

“(9) MENTAL HEALTH AGENCY.—The term ‘mental health agency’ means an agency of a State, tribal, or local government or its contracted agency that is responsible for mental health services or co-occurring mental health and substance abuse services.

“(10) NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.—The term ‘national instant criminal background check system’ means the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901).

“(b) Petition.—

“(1) IN GENERAL.—A family or household member of the applicable individual, or a law enforcement officer, may submit to an appropriate district court of the United States a petition requesting that the court issue an ex parte extreme risk protection order or long-term extreme risk protection order with respect to an individual.

“(2) NO FEES.—A court may not charge a petitioner any fee for filing a petition under paragraph (1).

“(3) CONFIDENTIALITY.—A petitioner who is a law enforcement officer may provide the identity of the sources of the petitioner, and any identifying information, to the court under seal.

“(c) Ex parte orders.—

“(1) TIMING.—

“(A) IN GENERAL.—Except as provided in subparagraph (B), a court that receives a petition for an ex parte order under subsection (b) shall grant or deny the petition on the date on which the petition is submitted.

“(B) LATE PETITIONS.—If a court receives a petition for an ex parte order submitted under subsection (b) too late in the day to permit effective review, the court shall grant or deny the petition on the next day of judicial business at a time early enough to permit the court to file an order with the clerk of the court during that day.

“(2) EVIDENCE REQUIRED.—Before issuing an ex parte order, a court shall require that the petitioner submit a signed affidavit, sworn to before the court, that—

“(A) explains why the petitioner believes that the respondent poses a risk of imminent personal injury to the respondent or another individual, by purchasing, possessing, or receiving a firearm or ammunition; and

“(B) describes the interactions and conversations of the petitioner with—

“(i) the respondent; or

“(ii) another individual, if the petitioner believes that information obtained from that individual is credible and reliable.

“(3) STANDARD FOR ISSUANCE OF ORDER.—A court may issue an ex parte order only upon a finding of probable cause to believe that—

“(A) the respondent poses a risk of imminent personal injury to the respondent or another individual, by purchasing, possessing, or receiving a firearm or ammunition; and

“(B) the order is necessary to prevent the injury described in subparagraph (A).

“(4) DURATION.—An ex parte order shall expire on the earlier of—

“(A) the date that is 14 days after the date of issuance; or

“(B) the date on which the court determines whether to issue a long-term order with respect to the respondent.

“(d) Long-Term orders.—

“(1) HEARING REQUIRED.—If a court receives a petition for an extreme risk protection order for a respondent under subsection (b), the court shall hold a hearing to determine whether to issue a long-term order with respect to the respondent either—

“(A) (i) except as provided in clause (ii), not later than 72 hours after the court issues an ex parte order with respect to the respondent; or

“(ii) if the court issues an ex parte order with respect to the respondent but the order is not served on the respondent within 72 hours of the issuance, not later than 72 hours after the order is served on the respondent; or

“(B) if the respondent waives the right to a hearing under subparagraph (A) or the court does not issue an ex parte order, not later than 14 days after the date on which the court receives the petition.

“(2) NOTICE AND OPPORTUNITY TO BE HEARD.—

“(A) IN GENERAL.—The court shall provide the respondent with notice and the opportunity to be heard at a hearing under this subsection, sufficient to protect the due process rights of the respondent.

“(B) RIGHT TO COUNSEL.—

“(i) IN GENERAL.—At a hearing under this subsection, the respondent may be represented by counsel who is—

“(I) chosen by the respondent; and

“(II) authorized to practice at such a hearing.

“(ii) COURT-PROVIDED COUNSEL.—

“(I) IN GENERAL.—If the respondent is financially unable to obtain representation by counsel, the court, at the request of the respondent, may appoint counsel to represent the respondent in proceedings under this subsection.

“(II) REASONABLE COMPENSATION.—An attorney appointed pursuant to this subparagraph shall be provided reasonable attorney's fees and expenses.

“(3) BURDEN OF PROOF; STANDARD.—At a hearing under this subsection, the petitioner—

“(A) shall have the burden of proving all material facts; and

“(B) shall be required to demonstrate, by a preponderance of the evidence, that—

“(i) the respondent poses a risk of personal injury to the respondent or another individual, during the period to be covered by the proposed extreme risk protection order, by purchasing, possessing, or receiving a firearm or ammunition; and

“(ii) the order is necessary to prevent the injury described in clause (i).

“(4) ISSUANCE.—Upon a showing of clear and convincing evidence under paragraph (3), the court shall issue a long-term order with respect to the respondent that shall be in effect for a period of not more than 180 days.

“(5) DENIAL.—If the court finds that there is not clear and convincing evidence to support the issuance of a long-term order, the court shall dissolve any ex parte order then in effect with respect to the respondent.

“(6) RENEWAL.—

“(A) NOTICE OF SCHEDULED EXPIRATION.—Thirty days before the date on which a long-term order is scheduled to expire, the court that issued the order shall—

“(i) notify the petitioner and the respondent that the order is scheduled to expire; and

“(ii) advise the petitioner and the respondent of the procedures for seeking a renewal of the order under this paragraph.

“(B) PETITION.—If a family or household member of the respondent, or a law enforcement officer, believes that the conditions under paragraph (3)(B) continue to apply with respect to a respondent who is subject to a long-term order, the family or household member or law enforcement officer may submit to the court that issued the order a petition for a renewal of the order.

“(C) HEARING.—A court that receives a petition submitted under subparagraph (B) shall hold a hearing to determine whether to issue a renewed long-term order with respect to the respondent.

“(D) APPLICABLE PROCEDURES.—The requirements under paragraphs (2) through (5) shall apply to the consideration of a petition for a renewed long-term order submitted under subparagraph (B) of this paragraph.

“(E) ISSUANCE.—Upon a showing by clear and convincing evidence that the conditions under paragraph (3)(B) continue to apply with respect to the respondent, the court shall issue a renewed long-term order with respect to the respondent.

“(e) Factors To consider.—In determining whether to issue an extreme risk protection order, a court—

“(1) shall consider factors including—

“(A) recent threats, by any medium, or acts of violence by the respondent directed toward other individuals;

“(B) recent threats, by any medium, or acts of violence by the respondent directed toward the respondent;

“(C) recent acts of cruelty to animals by the respondent;

“(D) evidence of ongoing abuse of controlled substances or alcohol by the respondent that has led to threats or acts of violence directed toward the respondent or other individuals; and

“(E) evidence of danger to self or others transmitted by electronic communications or publications through social media or networking; and

“(2) may consider other factors, including—

“(A) the reckless use, display, or brandishing of a firearm by the respondent;

“(B) a history of violence or attempted violence by the respondent against other individuals; and

“(C) evidence of explicit or implicit threats made by the person through any medium that demonstrate that the person poses a risk of personal injury to the person or others.

“(f) Relinquishment of firearms and ammunition.—

“(1) ORDER OF SURRENDER.—Upon issuance of an ex parte order or long-term order, the court shall order the respondent to surrender all firearms and ammunition that the respondent possesses or owns, in or affecting interstate commerce, as well as any permit authorizing the respondent to purchase or possess firearms (including a concealed carry permit), to—

“(A) the United States Marshals Service; or

“(B) a designated law enforcement officer.

“(2) SURRENDER AND REMOVAL.—

“(A) MANNER OF SERVICE.—

“(i) PERSONAL SERVICE.—Except as provided in clause (ii), a United States marshal or designated law enforcement officer shall serve an extreme risk protection order on a respondent by handing the order to the respondent.

“(ii) ALTERNATIVE SERVICE.—If the respondent cannot reasonably be located for service as described in clause (i), an extreme risk protection order may be served on the respondent in any manner authorized under the Federal Rules of Civil Procedure.

“(B) REMOVAL.—Except as provided in subparagraph (C), a United States marshal or designated law enforcement officer serving an extreme risk protection order personally on the respondent shall—

“(i) request that all firearms and ammunition, in or affecting interstate commerce, as well as any permit authorizing the respondent to purchase or possess firearms (including a concealed carry permit), that the respondent possesses or owns—

“(I) be immediately surrendered to the United States marshal or designated law enforcement officer; or

“(II) at the option of the respondent, be immediately surrendered and sold to a federally licensed firearms dealer; and

“(ii) take possession of all firearms and ammunition described in clause (i) that are not sold under subclause (II) of that clause, as well as any permit described in that clause, that are—

“(I) surrendered;

“(II) in plain sight; or

“(III) discovered pursuant to a lawful search.

“(C) ALTERNATIVE SURRENDER.—If a United States marshal or designated law enforcement officer is not able to personally serve an extreme risk protection order under subparagraph (A)(i), or is not reasonably able to take custody of the firearms, ammunition, and permits under subparagraph (B), the respondent shall surrender the firearms, ammunition, and permits in a safe manner to the control of a United States marshal or designated law enforcement officer not later than 48 hours after being served with the order.

“(3) RECEIPT.—

“(A) ISSUANCE.—At the time of surrender or removal under paragraph (2), a United States marshal or designated law enforcement officer taking possession of a firearm, ammunition, or a permit pursuant to an extreme risk protection order shall—

“(i) issue a receipt identifying all firearms, ammunition, and permits that have been surrendered or removed; and

“(ii) provide a copy of the receipt issued under clause (i) to the respondent.

“(B) FILING.—Not later than 72 hours after service of an order under paragraph (2)(A), the United States marshal who served the order or designated another law enforcement officer to do so shall—

“(i) file the original receipt issued under subparagraph (A) of this paragraph with the court that issued the extreme risk protection order; and

“(ii) ensure that the United States Marshals Service retains a copy of the receipt.

“(C) DESIGNATED LAW ENFORCEMENT OFFICER.—If a designated law enforcement officer issues a receipt under subparagraph (A), the officer shall submit the original receipt and a copy of the receipt to the appropriate United States marshal to enable the United States marshal to comply with subparagraph (B).

“(4) FORFEITURE.—If a respondent knowingly attempts, in violation of an extreme risk protection order, to access a firearm, ammunition, or a permit that was surrendered or removed under this subsection, the firearm, ammunition, or permit shall be subject to seizure and forfeiture under section 924(d).

“(g) Return of firearms and ammunition.—

“(1) NOTICE.—If an extreme risk protection order is dissolved, or expires and is not renewed, the court that issued the order shall order the United States Marshals Service to—

“(A) confirm, through the national instant criminal background check system and any other relevant law enforcement databases, that the respondent may lawfully own and possess firearms and ammunition; and

“(B) (i) if the respondent may lawfully own and possess firearms and ammunition, notify the respondent that the respondent may retrieve each firearm, ammunition, or permit surrendered by or removed from the respondent under subsection (f); or

“(ii) if the respondent may not lawfully own or possess firearms and ammunition, notify the respondent that each firearm, ammunition, or permit surrendered by or removed from the respondent under subsection (f) will be returned only when the respondent demonstrates to the United States Marshals Service that the respondent may lawfully own and possess firearms and ammunition.

“(2) RETURN.—If an extreme risk protection order is dissolved, or expires and is not renewed, and the United States Marshals Service confirms under paragraph (1)(A) that the respondent may lawfully own and possess firearms and ammunition, the court that issued the order shall order the entity that possesses each firearm, ammunition, or permit surrendered by or removed from the respondent under subsection (f) to return those items to the respondent.

“(h) Return of firearms and ammunition improperly received.—If a court, in a hearing under subsection (d), determines that a firearm or ammunition surrendered by or removed from a respondent under subsection (f) is owned by an individual other than the respondent, the court may order the United States marshal or designated law enforcement officer in possession of the firearm or ammunition to transfer the firearm or ammunition to that individual if—

“(1) the individual may lawfully own and possess firearms and ammunition; and

“(2) the individual will not provide the respondent with access to the firearm or ammunition.

“(i) Penalty for false reporting or frivolous petitions.—An individual who knowingly submits materially false information to the court in a petition for an extreme risk protection order under this section, or who knowingly files such a petition that is frivolous, unreasonable, or without foundation, shall be fined not less than $1,000, in addition to any other penalty authorized by law, as the court deems necessary to deter such abuse of process.

“(j) Model policy.—

“(1) IN GENERAL.—The Director shall draft a model policy to maximize the accessibility of extreme risk protection orders.

“(2) CONTENTS.—In drafting the model policy under paragraph (1), the Director shall—

“(A) ensure that State and local law enforcement officers and members of the public without legal training are able to easily file petitions for extreme risk protection orders;

“(B) prescribe outreach efforts by employees of the district courts of the United States to familiarize relevant law enforcement officers and the public with the procedures for filing petitions, either—

“(i) through direct outreach; or

“(ii) in coordination with—

“(I) relevant officials in the executive or legislative branch of the Federal Government; or

“(II) with State and local officials;

“(C) prescribe policies for allowing the filing of petitions and prompt adjudication of petitions on weekends and outside of normal court hours;

“(D) prescribe policies for coordinating with law enforcement agencies to ensure the safe, timely, and effective service of extreme risk protection orders and relinquishment of firearms, ammunition, and permits, as applicable; and

“(E) identify governmental and non-governmental resources and partners to help officials of the district courts of the United States coordinate with civil society organizations to ensure the safe and effective implementation of this section.

“(k) Reporting.—

“(1) INDIVIDUAL REPORTS.—

“(A) IN GENERAL.—Not later than 2 court days after the date on which a court issues or dissolves an extreme risk protection order under this section or an extreme risk protection order expires without being renewed, the court shall notify—

“(i) the Attorney General;

“(ii) each relevant mental health agency in the State in which the order is issued; and

“(iii) State and local law enforcement officials in the jurisdiction in which the order is issued, including the national instant criminal background check system single point of contact for the State of residence of the respondent, where applicable.

“(B) FORMAT.—A court shall submit a notice under subparagraph (A) in an electronic format, in a manner prescribed by the Attorney General.

“(C) UPDATE OF DATABASES.—As soon as practicable and not later than 5 days after receiving a notice under subparagraph (A), the Attorney General shall update the background check databases of the Attorney General to reflect the prohibitions articulated in the applicable extreme risk protection order.

“(2) ANNUAL REPORTS.—Not later than 1 year after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2020, and annually thereafter, the Director shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes, with respect to the preceding year—

“(A) the number of petitions for ex parte orders filed, as well as the number of such orders issued and the number denied;

“(B) the number of petitions for long-term orders filed, as well as the number of such orders issued and the number denied;

“(C) the number of petitions for renewals of long-term orders filed, as well as the number of such orders issued and the number denied; and

“(D) the number of cases in which a court has issued a penalty for false reporting or frivolous petitions.

“(l) Authorization of appropriations.—There are authorized to be appropriated such sums as are necessary to carry out this section.

“(m) Rule of construction.—Nothing in this section may be construed to alter the requirements of subsections (d)(8) or (g)(8) of section 922, relating to domestic violence protective orders.”.

(b) Technical and conforming amendments.—

(1) TABLE OF SECTIONS.—The table of sections for chapter 44 of title 18, United States Code, as amended by section 101 of this Act, is amended by adding at the end the following:

“933. Extreme risk protection orders.”.

(2) FORFEITURE.—Section 924(d)(3) of title 18, United States Code, is amended—

(A) in subparagraph (E), by striking “and” at the end;

(B) in subparagraph (F), by striking the period and inserting “; and”; and

(C) by adding at the end the following:

“(G) any attempt to violate an extreme risk protection order issued under section 933.”.

SEC. 403. Federal firearms prohibition.

(a) Definition.—Section 921(a) of title 18, United States Code, as amended by this Act, is amended by adding at the end the following:

“(53) The term ‘extreme risk protection order’ has the meaning given the term in section 401 of the Gun Violence Prevention and Community Safety Act of 2020.”.

(b) Prohibitions.—Section 922 of title 18, United States Code, is amended—

(1) in subsection (d), as amended by section 301 of this Act, by adding at the end the following:

“(11) is subject to an extreme risk protection order.”; and

(2) in subsection (g), as amended by section 301 of this Act, by adding at the end the following:

“(11) is subject to an extreme risk protection order,”.

SEC. 404. Identification records.

Section 534 of title 28, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (3), by striking “and” at the end; and

(B) by redesignating paragraph (4) as paragraph (5); and

(C) by inserting after paragraph (3) the following:

“(4) acquire, collect, classify, and preserve records from Federal, tribal, and State courts and other agencies identifying individuals subject to extreme risk protection orders, as defined in section 401 of the Gun Violence Prevention and Community Safety Act of 2020, provided that such records shall be destroyed if the orders expire or are terminated or dissolved; and”;

(2) in subsection (b), by striking “(a)(4)” and inserting “(a)(5)”; and

(3) by adding at the end the following: “(g) Federal, tribal, and State criminal justice agencies and criminal and civil courts may— “(1) include extreme risk protection orders, as defined in section 401 of the Gun Violence Prevention and Community Safety Act of 2020, in national crime information databases, as defined in subsection (f)(3) of this section; and

“(2) have access to information regarding extreme risk protection orders through the national crime information databases, as defined in subsection (f)(3) of this section.”.

SEC. 405. 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 (11) of section 922(g)”.

SEC. 406. Full faith and credit.

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

SEC. 511. Definitions.

(a) In general.—Section 921(a) of title 18, United States Code, is amended—

(1) by inserting after paragraph (29) the following:

“(30) The term ‘semiautomatic pistol’ means any repeating pistol that—

“(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and

“(B) requires a separate pull of the trigger to fire each cartridge.

“(31) The term ‘semiautomatic shotgun’ means any repeating shotgun that—

“(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and

“(B) requires a separate pull of the trigger to fire each cartridge.”; and

(2) by adding at the end the following:

“(37) The term ‘semiautomatic assault weapon’ means any of the following, regardless of country of manufacture or caliber of ammunition accepted:

“(A) A semiautomatic rifle that has the capacity to accept a detachable magazine and any 1 of the following:

“(i) A pistol grip.

“(ii) A forward grip.

“(iii) A folding, telescoping, or detachable stock, or is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of the weapon.

“(iv) A grenade launcher.

“(v) A barrel shroud.

“(vi) A threaded barrel.

“(B) A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

“(C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun.

“(D) A semiautomatic pistol that has the capacity to accept a detachable magazine and any 1 of the following:

“(i) A threaded barrel.

“(ii) A second pistol grip.

“(iii) A barrel shroud.

“(iv) The capacity to accept a detachable magazine at some location outside of the pistol grip.

“(v) A semiautomatic version of an automatic firearm.

“(vi) A manufactured weight of 50 ounces or more when unloaded.

“(vii) A stabilizing brace or similar component.

“(E) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

“(F) A semiautomatic shotgun that has any 1 of the following:

“(i) A folding, telescoping, or detachable stock.

“(ii) A pistol grip.

“(iii) A fixed magazine with the capacity to accept more than 5 rounds.

“(iv) The ability to accept a detachable magazine.

“(v) A forward grip.

“(vi) A grenade launcher.

“(G) Any shotgun with a revolving cylinder.

“(H) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:

“(i) All AK types, including the following:

“(I) AK, AK47, AK47S, AK–74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR–47, SA85, SA93, Vector Arms AK–47, VEPR, WASR–10, and WUM.

“(II) IZHMASH Saiga AK.

“(III) MAADI AK47 and ARM.

“(IV) Norinco 56S, 56S2, 84S, and 86S.

“(V) Poly Technologies AK47 and AKS.

“(ii) All AR types, including the following:

“(I) AR–10.

“(II) AR–15.

“(III) Alexander Arms Overmatch Plus 16.

“(IV) Armalite M15 22LR Carbine.

“(V) Armalite M15–T.

“(VI) Barrett REC7.

“(VII) Beretta AR–70.

“(VIII) Black Rain Ordnance Recon Scout.

“(IX) Bushmaster ACR.

“(X) Bushmaster Carbon 15.

“(XI) Bushmaster MOE series.

“(XII) Bushmaster XM15.

“(XIII) Chiappa Firearms MFour rifles.

“(XIV) Colt Match Target rifles.

“(XV) CORE Rifle Systems CORE15 rifles.

“(XVI) Daniel Defense M4A1 rifles.

“(XVII) Devil Dog Arms 15 Series rifles.

“(XVIII) Diamondback DB15 rifles.

“(XIX) DoubleStar AR rifles.

“(XX) DPMS Tactical rifles.

“(XXI) DSA Inc. ZM–4 Carbine.

“(XXII) Heckler & Koch MR556.

“(XXIII) High Standard HSA–15 rifles.

“(XXIV) Jesse James Nomad AR–15 rifle.

“(XXV) Knight’s Armament SR–15.

“(XXVI) Lancer L15 rifles.

“(XXVII) MGI Hydra Series rifles.

“(XXVIII) Mossberg MMR Tactical rifles.

“(XXIX) Noreen Firearms BN 36 rifle.

“(XXX) Olympic Arms.

“(XXXI) POF USA P415.

“(XXXII) Precision Firearms AR rifles.

“(XXXIII) Remington R–15 rifles.

“(XXXIV) Rhino Arms AR rifles.

“(XXXV) Rock River Arms LAR–15.

“(XXXVI) Sig Sauer SIG516 rifles and MCX rifles.

“(XXXVII) SKS with a detachable magazine.

“(XXXVIII) Smith & Wesson M&P15 rifles.

“(XXXIX) Stag Arms AR rifles.

“(XL) Sturm, Ruger & Co. SR556 and AR–556 rifles.

“(XLI) Uselton Arms Air-Lite M–4 rifles.

“(XLII) Windham Weaponry AR rifles.

“(XLIII) WMD Guns Big Beast.

“(XLIV) Yankee Hill Machine Company, Inc. YHM–15 rifles.

“(iii) Barrett M107A1.

“(iv) Barrett M82A1.

“(v) Beretta CX4 Storm.

“(vi) Calico Liberty Series.

“(vii) CETME Sporter.

“(viii) Daewoo K–1, K–2, Max 1, Max 2, AR 100, and AR 110C.

“(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.

“(x) Feather Industries AT–9.

“(xi) Galil Model AR and Model ARM.

“(xii) Hi-Point Carbine.

“(xiii) HK–91, HK–93, HK–94, HK–PSG–1, and HK USC.

“(xiv) IWI TAVOR, Galil ACE rifle.

“(xv) Kel-Tec Sub-2000, SU–16, and RFB.

“(xvi) SIG AMT, SIG PE–57, Sig Sauer SG 550, Sig Sauer SG 551, and SIG MCX.

“(xvii) Springfield Armory SAR–48.

“(xviii) Steyr AUG.

“(xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle M–14/20CF.

“(xx) All Thompson rifles, including the following:

“(I) Thompson M1SB.

“(II) Thompson T1100D.

“(III) Thompson T150D.

“(IV) Thompson T1B.

“(V) Thompson T1B100D.

“(VI) Thompson T1B50D.

“(VII) Thompson T1BSB.

“(VIII) Thompson T1–C.

“(IX) Thompson T1D.

“(X) Thompson T1SB.

“(XI) Thompson T5.

“(XII) Thompson T5100D.

“(XIII) Thompson TM1.

“(XIV) Thompson TM1C.

“(xxi) UMAREX UZI rifle.

“(xxii) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine.

“(xxiii) Valmet M62S, M71S, and M78.

“(xxiv) Vector Arms UZI Type.

“(xxv) Weaver Arms Nighthawk.

“(xxvi) Wilkinson Arms Linda Carbine.

“(I) All of the following pistols, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:

“(i) All AK–47 types, including the following:

“(I) Centurion 39 AK pistol.

“(II) CZ Scorpion pistol.

“(III) Draco AK–47 pistol.

“(IV) HCR AK–47 pistol.

“(V) IO Inc. Hellpup AK–47 pistol.

“(VI) Krinkov pistol.

“(VII) Mini Draco AK–47 pistol.

“(VIII) PAP M92 pistol.

“(IX) Yugo Krebs Krink pistol.

“(ii) All AR–15 types, including the following:

“(I) American Spirit AR–15 pistol.

“(II) Bushmaster Carbon 15 pistol.

“(III) Chiappa Firearms M4 Pistol GEN II.

“(IV) CORE Rifle Systems CORE15 Roscoe pistol.

“(V) Daniel Defense MK18 pistol.

“(VI) DoubleStar Corporation AR pistol.

“(VII) DPMS AR–15 pistol.

“(VIII) Jesse James Nomad AR–15 pistol.

“(IX) Olympic Arms AR–15 pistol.

“(X) Osprey Armament MK–18 pistol.

“(XI) POF USA AR pistols.

“(XII) Rock River Arms LAR 15 pistol.

“(XIII) Uselton Arms Air-Lite M–4 pistol.

“(iii) Calico Liberty pistols.

“(iv) DSA SA58 PKP FAL pistol.

“(v) Encom MP–9 and MP–45.

“(vi) Heckler & Koch model SP–89 pistol.

“(vii) Intratec AB–10, TEC–22 Scorpion, TEC–9, and TEC–DC9.

“(viii) IWI Galil Ace pistol, UZI PRO pistol.

“(ix) Kel-Tec PLR 16 pistol.

“(x) The following MAC types:

“(I) MAC–10.

“(II) MAC–11.

“(III) Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol.

“(IV) Military Armament Corp. Ingram M–11.

“(V) Velocity Arms VMAC.

“(xi) Sig Sauer P556 pistol.

“(xii) Sites Spectre.

“(xiii) All Thompson types, including the following:

“(I) Thompson TA510D.

“(II) Thompson TA5.

“(xiv) All UZI types, including Micro-UZI.

“(J) All of the following shotguns, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:

“(i) DERYA Anakon MC–1980, Anakon SD12.

“(ii) Doruk Lethal shotguns.

“(iii) Franchi LAW–12 and SPAS 12.

“(iv) All IZHMASH Saiga 12 types, including the following:

“(I) IZHMASH Saiga 12.

“(II) IZHMASH Saiga 12S.

“(III) IZHMASH Saiga 12S EXP–01.

“(IV) IZHMASH Saiga 12K.

“(V) IZHMASH Saiga 12K–030.

“(VI) IZHMASH Saiga 12K–040 Taktika.

“(v) Streetsweeper.

“(vi) Striker 12.

“(K) All belt-fed semiautomatic firearms, including TNW M2HB and FN M2495.

“(L) Any combination of parts from which a firearm described in subparagraphs (A) through (K) can be assembled.

“(M) The frame or receiver of a rifle or shotgun described in subparagraph (A), (B), (C), (F), (G), (H), (J), or (K).

“(38) The term ‘large capacity ammunition feeding device’—

“(A) means a magazine, belt, drum, feed strip, 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.”.

(b) Related definitions.—Section 921(a) of title 18, United States Code, as amended by this Act, is amended by adding at the end the following:

“(39) The term ‘barrel shroud’—

“(A) means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel; and

“(B) does not include—

“(i) a slide that partially or completely encloses the barrel; or

“(ii) an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel.

“(40) The term ‘detachable magazine’ means an ammunition feeding device that can be removed from a firearm without disassembly of the firearm action.

“(41) The term ‘fixed magazine’ means an ammunition feeding device that is permanently fixed to the firearm in such a manner that it cannot be removed without disassembly of the firearm.

“(42) The term ‘folding, telescoping, or detachable stock’ means a stock that folds, telescopes, detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm.

“(43) The term ‘forward grip’ means a grip located forward of the trigger that functions as a pistol grip.

“(44) The term ‘grenade launcher’ means an attachment for use on a firearm that is designed to propel a grenade or other similar destructive device.

“(45) The term ‘permanently inoperable’ means a firearm which is incapable of discharging a shot by means of an explosive and incapable of being readily restored to a firing condition.

“(46) The term ‘pistol grip’ means a grip, a thumbhole stock or Thordsen-type grip or stock, or any other characteristic that can function as a grip.

“(47) The term 