Personalized Handgun Safety Act - Requires the Director of the National Institute of Justice to make grants to qualified entities (states or local governments, organizations, or institutions of higher education) to develop technology for personalized handguns (a handgun that enables only the authorized user to fire it). Requires a recipient to use not less than 70% of grant funds to develop technology for personalized handguns. Allows such entity to use not more than: (1) 20% of such funds to develop technology for retrofitted personalized handguns, and (2) 10% of such funds for administrative costs. Provides for one-year grant awards, subject to renewal.
Directs the Consumer Product Safety Commission (CPSC) to promulgate a consumer product safety standard providing a specified timetable by which handguns manufactured, sold, offered for sale, traded, transferred, shipped, leased, or distributed in the United States must be personalized handguns or retrofitted personalized handguns, depending on the date of manufacture. Exempts antique firearms and firearms owned by the Department of Defense (DOD). Requires the cost of retrofitting a handgun to be borne by the manufacturer if the manufacturer is operational at the time the retrofit is required. Makes appropriations for the Department of Justice (DOJ) available to the Attorney General for payments to reimburse handgun manufacturers for the costs of retrofitting handguns. Authorizes an official or agency of a state to bring a civil action in U.S. district court against a handgun seller or manufacturer on behalf of residents adversely affected by a violation of such standard.
Amends the Protection of Lawful Commerce in Arms Act to exclude from the definition of "qualified product" any handgun manufactured after two years after enactment of this Act that is not a personalized handgun or retrofitted personalized handgun.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2005 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2005
To provide for the development and use of technology for personalized
handguns, to require that, within 3 years, all handguns manufactured or
sold in, or imported into, the United States incorporate such
technology, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2013
Mr. Tierney (for himself, Mr. Capuano, Mr. Cummings, Mr. Farr, Ms.
Hahn, Mr. Keating, Ms. Lofgren, Mrs. Carolyn B. Maloney of New York,
Mr. Markey, Mr. McGovern, Mr. Moran, Mrs. Napolitano, Ms. Speier, and
Ms. Tsongas) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Energy
and Commerce, 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 provide for the development and use of technology for personalized
handguns, to require that, within 3 years, all handguns manufactured or
sold in, or imported into, the United States incorporate such
technology, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personalized Handgun Safety Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is in the interest of the Nation to protect its
citizens from handgun violence and accidental firearm deaths.
(2) Personalizing handguns would disallow unauthorized
users, whether they be children, criminals, or others, from
misusing the weapons.
(3) Personalizing handguns would allow for authorized users
to continue to lawfully own and use their handgun more safely.
(4) In 2011, according to the Centers for Disease Control
(CDC), there were 851 accidental firearm deaths.
(5) In 2010, according to the CDC, 62 people under the age
of 15 were killed accidentally with firearms.
(6) Almost 350,000 incidents of firearm theft from private
citizens occur annually according to the National Crime
Victimization Survey.
(7) According to the Federal Bureau of Investigation, 45
law enforcement officers were killed with their own firearm
between 2002 and 2011.
(8) According to the Federal Bureau of Investigation,
almost half of all murders in the United States in 2011 were
committed with handguns.
TITLE I--TECHNOLOGY FOR PERSONALIZED HANDGUNS GRANTS
SEC. 101. AUTHORIZATION.
The Attorney General, acting through the Director of the National
Institute of Justice (referred to in this title as the ``Director''),
shall make grants to qualified entities to develop technology for
personalized handguns.
SEC. 102. APPLICATIONS.
A qualified entity seeking a grant under this title shall submit to
the Director an application at such time, in such manner, and
containing such information as the Director may reasonably require.
SEC. 103. USES OF FUNDS.
A qualified entity receiving a grant under this title--
(1) shall use not less than 70 percent of such funds to
develop technology for personalized handguns;
(2) may use not more than 20 percent of such funds to
develop technology for retrofitted personalized handguns; and
(3) may use not more than 10 percent of such funds for
administrative costs associated with the development of
technology funded under this title.
SEC. 104. TERM; RENEWAL.
(a) Term.--A grant awarded under this title shall be for a term of
one year.
(b) Renewal.--A qualified entity receiving a grant under this title
may renew such grant by submitting to the Director an application for
renewal at such time, in such manner, and containing such information
as the Director may reasonably require.
SEC. 105. REPORTS.
A qualified entity receiving a grant under this title shall submit
to the Director such reports, at such time, in such manner, and
containing such information as the Director may reasonably require. The
Director shall transmit to Congress each year a report containing a
summary of such information received.
SEC. 106. REGULATIONS.
The Director may promulgate such guidelines, rules, regulations,
and procedures as may be necessary to carry out this title.
SEC. 107. DEFINITIONS.
In this title:
(1) Handgun.--The term ``handgun'' has the meaning given
the term in section 921(a)(29) of title 18, United States Code.
(2) Personalized handgun.--The term ``personalized
handgun'' means a handgun that--
(A) enables only the authorized users of a handgun
to fire such handgun; and
(B) was manufactured in such a manner that the
firing restriction described in subparagraph (A)--
(i) is incorporated into the design of the
handgun, and is not sold as an accessory; and
(ii) cannot be readily removed or
deactivated.
(3) Qualified entity.--The term ``qualified entity''
means--
(A) a State or unit of local government;
(B) a nonprofit or for-profit organization; or
(C) an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 2001)).
(4) Retrofitted personalized handgun.--The term
``retrofitted personalized handgun'' means a handgun fitted
with a device that--
(A) enables only the authorized users of a handgun
to fire such handgun; and
(B) cannot be readily removed or deactivated.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$2,000,000 for fiscal years 2015 and 2016.
TITLE II--CONSUMER PRODUCT SAFETY COMMISSION SAFETY STANDARD
SEC. 201. CONSUMER PRODUCT SAFETY STANDARD.
(a) Establishment of Standard.--Notwithstanding section 3(a)(5)(E)
of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), the
Consumer Product Safety Commission, in consultation with the Attorney
General and the Director of the National Institute of Justice, shall
promulgate a consumer product safety standard under section 7(a) of
such Act (15 U.S.C. 2056(a)) for handguns.
(b) Standard Requirements.--The standard established under
subsection (a) shall require that--
(1) effective 2 years after the date of the enactment of
this Act, handguns manufactured in the United States must be
personalized handguns; and
(2) effective 3 years after the date of the enactment of
this Act, handguns sold, offered for sale, traded, transferred,
shipped, leased, or distributed in the United States must be--
(A) personalized handguns, if manufactured on or
after the effective date in paragraph (1); or
(B) retrofitted personalized handguns, if
manufactured before the effective date in paragraph
(1).
(c) Exemptions.--
(1) Antique firearms.--The standard established under
subsection (a) shall not require retrofitting or
personalization of antique firearms.
(2) Military firearms.--The standard established under
subsection (a) shall not apply to a firearm that is owned by
the Department of Defense.
(d) Cost of Retrofitting.--
(1) In general.--Except as provided in paragraph (2), the
cost of retrofitting a handgun as required under subsection (b)
shall be borne by the manufacturer of the handgun if the
manufacturer is operational at the time the retrofit is
required.
(2) Reimbursement.--Section 524(c) of title 28, United
States Code, is amended--
(A) in subparagraph (H), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (I), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after subparagraph (I) the
following:
``(J) payments to reimburse manufacturers of handguns for
the costs of retrofitting handguns as required by section
201(b)(2)(B) of the Personalized Handgun Safety Act.''.
(e) Availability of an Action on Behalf of a State.--If an attorney
general of a State, or an official or agency of a State, has reason to
believe that an interest of the residents of such State has been or is
threatened or adversely affected by any person who violates this title,
the attorney general, official, or agency may bring a civil action on
behalf of the residents of such State against a seller or manufacturer
of handguns in an appropriate district court of the United States to
enjoin further violations of this title and for other relief as may be
appropriate.
SEC. 202. DEFINITIONS.
In this title:
(1) Authorized user.--The term ``authorized user'', with
respect to a firearm, means the lawful owner of the firearm and
any individual authorized by the owner to use the firearm who
is allowed to own, carry, or use a firearm in the State where
the firearm is being used.
(2) Handgun and antique firearm.--The terms ``handgun'' and
``antique firearm'' have the meanings given such terms in
section 921 of title 18, United States Code.
(3) Personalized handgun.--The term ``personalized
handgun'' means a handgun that--
(A) enables only an authorized user of a handgun to
fire the handgun; and
(B) was manufactured in such a manner that the
firing restriction described in subparagraph (A)--
(i) is incorporated into the design of the
handgun; and
(ii) cannot be readily removed or
deactivated.
(4) Retrofitted personalized handgun.--The term
``retrofitted personalized handgun'' means a handgun fitted
with a device that--
(A) enables only an authorized user of a handgun to
fire the handgun; and
(B) attaches to the handgun in a manner such that
the device cannot be readily removed or deactivated.
TITLE III--EXEMPTION FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS ACT
SEC. 301. EXEMPTIONS FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS
ACT.
Section 4 of the Protection of Lawful Commerce in Arms Act (Public
Law 109-92) is amended--
(1) in paragraph (4), by adding at the end the following:
``Notwithstanding the preceding sentence, the term `qualified
product' does not include any handgun manufactured after the 2-
year period that begins with the date of the enactment of this
sentence that is not a personalized handgun or a retrofitted
personalized handgun.''; and
(2) by adding at the end the following:
``(10) Authorized user.--The term `authorized user', with
respect to a handgun, means the lawful owner of the handgun and
any individual authorized by the owner to use the handgun who
is allowed to own, carry, or use a handgun in the State where
the handgun is being used.
``(11) Personalized handgun.--The term `personalized
handgun' means a handgun that--
``(A) enables only an authorized user of a handgun
to fire the handgun; and
``(B) was manufactured in such a manner that the
firing restriction described in subparagraph (A)--
``(i) is incorporated into the design of
the handgun; and
``(ii) cannot be readily removed or
deactivated.
``(12) Retrofitted personalized handgun.--The term
`retrofitted personalized handgun' means a handgun fitted with
a device that--
``(A) enables only an authorized user of a handgun
to fire the handgun; and
``(B) attaches to the handgun in a manner such that
the device cannot be readily removed or deactivated.
``(13) Handgun.--The term `handgun' has the meaning given
the term in section 921(a)(29) of title 18, United States
Code.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, 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.
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, 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.
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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