Pause for Safety Act of 2015
Authorizes the Director of the Office of Community Oriented Policing Services of the Department of Justice to make grants to to assist states in carrying out state legislation that: (1) authorizes family members or close associates of an individual to apply for, and state courts or magistrates to issue, gun violence prevention orders (prohibiting a named individual from owning, purchasing, possessing, or receiving firearms because such individual poses a significant threat of personal injury to the individual or others) and gun violence prevention warrants (directing a law enforcement officer to temporarily seize any firearm in the possession of such individual); and (2) requires each law enforcement agency of the state to comply with a procedure that requires a law enforcement officer, in conjunction with performing a wellness check (a visit to an individual's residence to assess whether the individual poses a danger to the individual or others due to a mental, behavioral, or physical condition), to check whether the individual is listed on any of the firearm and ammunition databases of the state or jurisdiction in which the individual resides.
Requires: (1) a court issuing such an order and warrant to hold a hearing within 14 days to determine whether the individual who is the subject of the order may own, purchase, possess, or receive firearms and whether any seized firearms should be returned; (2) the state or petitioner to establish probable cause that the individual poses a significant risk of personal injury to the individual or others by owning or possessing the firearm; (3) the individual to be prohibited from possessing a firearm for up to one year if he or she is found to pose a significant threat; and (4) the firearm to be returned if the court finds that the state has not met the required standard of proof. Authorizes a law enforcement agency to seek renewal of an order if it has probable cause to believe the individual continues to pose a threat.
Amends the federal criminal code to prohibit: (1) the sale or disposition of a firearm or ammunition to anyone subject to such an order; and (2) any person subject to such an order from owning, purchasing, possessing, or receiving any firearms.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 410 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 410
To provide family members and close associates of an individual who
they fear is a danger to himself, herself, or others new tools to
prevent gun violence.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 20, 2015
Mrs. Capps (for herself and Mr. Thompson of California) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide family members and close associates of an individual who
they fear is a danger to himself, herself, or others new tools to
prevent gun violence.
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 ``Pause for Safety Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``close associate'' means, with respect to an
individual--
(A) a dating partner, friend, co-worker, or
neighbor of the individual; or
(B) any other person who has a relationship with
the individual so as to be concerned about the safety
and well-being of the individual, as determined by a
State;
(2) the term ``family member'' means, with respect to an
individual, a spouse, child, parent, sibling, grandchild, or
grandparent of the individual;
(3) the term ``firearm'' has the meaning given the term in
section 921 of title 18, United States Code;
(4) the term ``gun violence prevention order'' means a
written order, issued by a State court or signed by a
magistrate (or other comparable judicial officer), prohibiting
a named individual from having under the custody or control of
the individual, owning, purchasing, possessing, or receiving
any firearms;
(5) the term ``gun violence prevention warrant'' means a
written order, issued by a State court or signed by a
magistrate (or other comparable judicial officer), regarding an
individual who is subject to a gun violence prevention order
and who is known to own or possess 1 or more firearms, that
directs a law enforcement officer to temporarily seize and
retain any firearm in the possession of the individual;
(6) the term ``law enforcement officer'' means a public
servant authorized by State law or by a State government agency
to engage in or supervise the prevention, detection,
investigation, or prosecution of an offense; and
(7) the term ``wellness check'' means a visit conducted by
a law enforcement officer to the residence of an individual for
the purpose of assessing whether the individual poses a danger
to the individual or others due to a mental, behavioral, or
physical condition.
SEC. 3. NATIONAL GUN VIOLENCE PREVENTION ORDER AND WARRANT LAW.
(a) Enactment of Gun Violence Prevention Order Law.--In order to
receive a grant under section 4, on the date that is 3 years after the
date of enactment of this Act, each State shall have in effect
legislation that--
(1) authorizes a gun violence prevention order and gun
violence prevention warrant in accordance with subsection (b);
and
(2) requires each law enforcement agency of the State to
comply with subsection (c).
(b) Requirements for Gun Violence Prevention Orders and Warrants.--
Legislation required under subsection (a) shall be subject to the
following requirements:
(1) Application for gun violence prevention order.--A
family member or close associate of an individual may submit an
application to a State court, on a form designed by the court,
that--
(A) describes the facts and circumstances
necessitating that a gun violence prevention order be
issued against the named individual;
(B) is signed by the applicant, under oath; and
(C) includes any additional information required by
the State court or magistrate (or other comparable
judicial officer) to demonstrate that possession of a
firearm by the named individual poses a significant
risk of personal injury to the named individual or
others.
(2) Examination of applicant and witnesses.--A State court
or magistrate (or other comparable judicial officer) may,
before issuing a gun violence prevention order--
(A) examine under oath, the individual who applied
for the order under paragraph (1) and any witnesses the
individual produces; and
(B)(i) require that the individual or any witness
submit a signed affidavit, which describes the facts
the applicant or witness believes establish the grounds
of the application; or
(ii) take an oral statement from the individual or
witness under oath.
(3) Standard for issuance of order.--
(A) In general.--A State court or magistrate (or
other comparable judicial officer) may issue a gun
violence prevention order only upon a finding of
probable cause that possession of a firearm by the
named individual poses a significant risk of personal
injury to the named individual or others.
(B) Notification.--
(i) In general.--The court shall notify the
Department of Justice and comparable State
agency of the gun violence prevention order not
later than 2 court days after issuing the
order. The court shall also notify the
Department of Justice and comparable State
agency of any order restoring the ability of
the individual to own or possess firearms not
later than 2 court days after issuing the order
to restore the individual's right to own or
possess any type of firearms that may be
lawfully owned and possessed. Such notice shall
be submitted in an electronic format, in a
manner prescribed by the Department of Justice
and the comparable State agency.
(ii) Update of databases.--As soon as
practicable after receiving a notification
under clause (i), the Department of Justice and
comparable State agency shall update the
background check databases of the Department
and agency, respectively, to reflect the
prohibitions articulated in the gun violence
prevention order.
(4) Issuance of gun violence prevention warrant.--
(A) In general.--After issuing a gun violence
prevention order, a State court or magistrate (or other
comparable judicial officer) shall, upon a finding of
probable cause to believe that the named individual
subject to the order has a firearm in his custody or
control, issue a gun violence prevention warrant
ordering the temporary seizure of all firearms
specified in the warrant.
(B) Requirement.--Subject to paragraph (6), a gun
violence prevention warrant issued under subparagraph
(A) shall require that any firearm described in the
warrant be taken from any place, or from any individual
in whose possession, the firearm may be.
(5) Service of gun violence prevention order.--When serving
a gun violence prevention order, a law enforcement officer
shall provide the individual with a form to request a hearing
in accordance with paragraph (6)(F).
(6) Temporary seizure of firearms.--
(A) In general.--When a law enforcement officer
takes property under a gun violence prevention warrant,
the law enforcement officer shall give a receipt for
the property taken, specifying the property in detail,
to the individual from whom it was taken. In the
absence of a person, the law enforcement officer shall
leave the receipt in the place where the law
enforcement officer found the property.
(B) Temporary custody of seized firearms.--All
firearms seized pursuant to a gun violence prevention
warrant shall be retained by the law enforcement
officer or the law enforcement agency in custody,
subject to the order of the court that issued the
warrant or to any other court in which an offense with
respect to the firearm is triable.
(C) Limitation on seizure of firearms.--If the
location to be searched during the execution of a gun
violence prevention warrant is jointly occupied by
multiple parties and a firearm is located during the
execution of the seizure warrant, and it is determined
that the firearm is owned by an individual other than
the individual named in the gun violence prevention
warrant, the firearm may not be seized if--
(i) the firearm is stored in a manner that
the individual named in the gun violence
prevention warrant does not have access to or
control of the firearm; and
(ii) there is no evidence of unlawful
possession of the firearm by the owner.
(D) Gun safe.--If the location to be searched
during the execution of a gun violence prevention
warrant is jointly occupied by multiple parties and a
gun safe is located, and it is determined that the gun
safe is owned by an individual other than the
individual named in the gun violence prevention
warrant, the contents of the gun safe shall not be
searched except in the owner's presence, or with the
owner's consent, or unless a valid search warrant has
been obtained.
(E) Return of firearm to rightful owner.--If any
individual who is not a named individual in a gun
violence prevention warrant claims title to a firearm
seized pursuant to a gun violence prevention warrant,
the firearm shall be returned to the lawful owner not
later than 30 days after the date on which the title is
claimed.
(F) Right to request a hearing.--A named individual
may submit 1 written request at any time during the
effective period of a gun violence prevention order
issued against the individual for a hearing for an
order allowing the individual to own, possess,
purchase, or receive a firearm.
(7) Hearing on gun violence prevention order and gun
violence prevention warrant.--
(A) In general.--Except as provided in subparagraph
(E), not later than 14 days after the date on which a
gun violence prevention order and, when applicable, a
gun violence prevention warrant, is issued, the court
that issued the order and, when applicable, the
warrant, or another court in that same jurisdiction,
shall hold a hearing to determine whether the
individual who is the subject of the order may have
under the custody or control of the individual, own,
purchase, possess, or receive firearms and, when
applicable, whether any seized firearms should be
returned to the individual named in the warrant.
(B) Notice.--The individual named in a gun violence
prevention order requested to be renewed under
subparagraph (A) shall be given written notice and an
opportunity to be heard on the matter.
(C) Burden of proof.--
(i) In general.--Except as provided in
clause (ii), at any hearing conducted under
subparagraph (A), the State or petitioner shall
have the burden of establishing probable cause
that the individual poses a significant risk of
personal injury to the individual or others by
owning or possessing the firearm.
(ii) Higher burden of proof.--A State may
establish a burden of proof for hearings
conducted under subparagraph (A) that is higher
than the burden of proof required under clause
(i).
(D) Requirements upon finding of significant
risk.--If the named individual is found at the hearing
to pose a significant risk of personal injury to the
named individual or others by owning or possessing a
firearm, the following shall apply:
(i) The firearm or firearms seized pursuant
to the warrant shall be retained by the law
enforcement agency for a period not to exceed 1
year.
(ii) The named individual shall be
prohibited from owning or possessing,
purchasing or receiving, or attempting to
purchase or receive a firearm for a period not
to exceed 1 year, a violation of which shall be
considered a misdemeanor offense.
(iii) The court shall notify the Department
of Justice and comparable State agency of the
gun violence prevention order not later than 2
court days after issuing the order. The court
shall also notify the Department of Justice and
comparable State agency of any order restoring
the ability of the individual to own or possess
firearms not later than 2 court days after
issuing the order to restore the individual's
right to own or possess any type of firearms
that may be lawfully owned and possessed. Such
notice shall be submitted in an electronic
format, in a manner prescribed by the
Department of Justice and the comparable State
agency.
(iv) As soon as practicable after receiving
a notification under clause (iii), the
Department of Justice and comparable State
agency shall update the background check
databases of the Department and agency,
respectively, to reflect--
(I) the prohibitions articulated in
the gun violence prevention order; or
(II) an order issued to restore an
individual's right to own or possess a
firearm.
(E) Return of firearms.--If the court finds that
the State has not met the required standard of proof,
any firearm seized pursuant to the warrant shall be
returned to the named individual not later than 30 days
after the hearing.
(F) Limitation on hearing requirement.--If an
individual named in a gun violence prevention warrant
is prohibited from owning or possessing a firearm for a
period of 1 year or more by another provision of State
or Federal law, a hearing pursuant to subparagraph (A)
is not required and the court shall issue an order to
hold the firearm until either the individual is no
longer prohibited from owning a firearm or the
individual sells or transfers ownership of the firearm
to a licensed firearm dealer.
(8) Renewing gun violence prevention order and gun violence
prevention warrant.--
(A) In general.--Except as provided in subparagraph
(E), if a law enforcement agency has probable cause to
believe that an individual who is subject to a gun
violence prevention order continues to pose a
significant risk of personal injury to the named
individual or others by possessing a firearm, the
agency may initiate a request for a renewal of the
order, on a form designed by the court, describing the
facts and circumstances necessitating the request.
(B) Notice.--The individual named in the gun
violence prevention order requested to be renewed under
subparagraph (A) shall be given written notice and an
opportunity to be heard on the matter.
(C) Hearing.--After notice is given under
subparagraph (B), a hearing shall be held to determine
if a request for renewal of the order shall be issued.
(D) Issuance of renewal.--Except as provided in
subparagraph (E), a State court may issue a renewal of
a gun violence prevention order if there is probable
cause to believe that the individual who is subject to
the order continues to pose a significant risk of
personal injury to the named individual or others by
possessing a firearm.
(E) Higher burden of proof.--A State may establish
a burden of proof for initiating a request for or
issuing a renewal of a gun violence prevention order
that is higher than the burden of proof required under
subparagraph (A) or (D).
(F) Notification.--
(i) In general.--The court shall notify the
Department of Justice and comparable State
agency of a renewal of the gun violence
prevention order not later than 2 court days
after renewing the order. The court shall also
notify the Department of Justice and comparable
State agency of any order restoring the ability
of the individual to own or possess firearms
not later than 2 court days after issuing the
order to restore the individual's right to own
or possess any type of firearms that may be
lawfully owned and possessed. Such notice shall
be submitted in an electronic format, in a
manner prescribed by the Department of Justice
and the comparable State agency.
(ii) Update of databases.--As soon as
practicable after receiving a notification
under clause (i), the Department of Justice and
comparable State agency shall update the
background check databases of the Department
and agency, respectively, to reflect--
(I) the prohibitions articulated in
the renewal of the gun violence
prevention order; or
(II) an order issued to restore an
individual's right to own or possess a
firearm.
(c) Law Enforcement Check of State Firearm Database.--Each law
enforcement agency of the State shall establish a procedure that
requires a law enforcement officer to, in conjunction with performing a
wellness check on an individual, check whether the individual is listed
on any of the firearm and ammunition databases of the State or
jurisdiction in which the individual resides.
(d) Confidentiality Protections.--All information provided to the
Department of Justice and comparable State agency pursuant to
legislation required under subsection (a) shall be kept confidential,
separate, and apart from all other records maintained by the Department
of Justice and comparable State agency.
SEC. 4. PAUSE FOR SAFETY GRANT PROGRAM.
(a) In General.--The Director of the Office of Community Oriented
Policing Services of the Department of Justice may make grants to an
eligible State to assist the State in carrying out the provisions of
the State legislation described in section 3.
(b) Eligible State.--A State shall be eligible to receive grants
under this section on and after the date on which--
(1) the State enacts legislation described in section 3;
and
(2) the Attorney General determines that the legislation of
the State described in paragraph (1) complies with the
requirements of section 3.
(c) Use of Funds.--Funds awarded under this section may be used by
a State to assist law enforcement agencies or the courts of the State
in carrying out the provisions of the State legislation described in
section 3.
(d) Application.--An eligible State desiring a grant under this
section shall submit to the Director of the Office of Community
Oriented Policing Services an application at such time, in such manner,
and containing or accompanied by such information, as the Director may
reasonably require.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 5. FEDERAL FIREARMS PROHIBITION.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (8)(B)(ii), by striking ``or'' at
the end;
(B) in paragraph (9), by striking the period at the
end and inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) is subject to a court order that prohibits such
person from having under the custody or control of the person,
owning, purchasing, possessing, or receiving any firearms.'';
and
(2) in subsection (g)--
(A) in paragraph (8)(C)(ii), by striking ``or'' at
the end;
(B) in paragraph (9), by striking the comma at the
end and inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) who is subject to a court order that prohibits such
person from having under the custody or control of the person,
owning, purchasing, possessing, or receiving any firearms,''.
SEC. 6. FULL FAITH AND CREDIT.
Any gun violence prevention order issued under a State law enacted
in accordance with this Act shall have the same full faith and credit
in every court within the United States as they have by law or usage in
the courts of such State from which they are issued.
SEC. 7. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application of such provision to any person or circumstance, is
held to be invalid, the remainder of this Act, or an amendment made by
this Act, or the application of such provision to other persons or
circumstances, shall not be affected.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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