Jake Laird Act of 2019
This bill authorizes the Department of Justice to make grants to states to implement laws that authorize a law enforcement officer to seize firearms from a person if there is probable cause to believe the person is dangerous.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2786 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2786
To authorize the Attorney General to make grants to States that have in
place laws that authorize law enforcement agencies to retain firearms
taken from dangerous individuals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2019
Mrs. Brooks of Indiana (for herself, Mr. Deutch, Mr. Upton, Mrs.
Dingell, Mr. Fitzpatrick, and Mr. Carson of Indiana) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize the Attorney General to make grants to States that have in
place laws that authorize law enforcement agencies to retain firearms
taken from dangerous individuals, 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 ``Jake Laird Act of 2019''.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``firearm'' has the meaning given that term in
section 921 of title 18, United States Code.
(2) The term ``dangerous'' means, with respect to an
individual, that the individual--
(A) presents an imminent risk of injuring himself
or herself, or another individual; or
(B) the individual--
(i) may present a risk of injuring himself
or herself, or another individual; and
(ii)(I) has a mental illness that may be
controlled by medication, but has demonstrated
a pattern of not voluntarily and consistently
taking such medication, except under
supervision;
(II) is the subject of documented evidence
that would give rise to a reasonable belief
that the individual has a propensity for
violent or emotionally unstable conduct; or
(III) poses a significant danger of
personal injury to himself or herself, or
another individual, by possessing a firearm.
SEC. 3. GRANTS FOR FIREARM SEIZURE LAW.
(a) Authorization.--The Attorney General is authorized to make
grants to States that have in place a law which authorizes the seizure
of a firearm from a dangerous individual in accordance with section 4.
(b) Use of Funds.--A State that receives a grant under this section
may use such grant to implement the law described in subsection (a),
and to train law enforcement officers and prosecutors on the
implementation of such law.
(c) Application.--A State seeking a grant under this section shall
submit to the Attorney General an application at such time, in such
manner, and containing such information as the Attorney General may
reasonably require, including a copy of the law described in subsection
(a).
SEC. 4. REQUIREMENTS FOR FIREARM SEIZURE LAW.
In order to be eligible for a grant under this section, a State law
shall provide for a process that is substantially similar to the
following:
(1) Warrant to seize a firearm from a dangerous
individual.--
(A) Issuance.--A court of competent jurisdiction
may issue a warrant authorizing a law enforcement
officer to seize a firearm from a person that the court
determines there is probable cause to believe is
dangerous and in possession of a firearm.
(B) Affidavit required.--A law enforcement officer
seeking a warrant described in subparagraph (A) shall
submit to the court an affidavit, which contains the
following information:
(i) Facts supporting the law enforcement
officer's probable cause to believe that the
individual is dangerous and in possession of a
firearm, including a description of the law
enforcement officer's interaction with the
individual, or with another individual who
provided information relating to the individual
against whom the warrant is sought, and who the
law enforcement officer determines is credible
and reliable.
(ii) The specific location of the firearm.
(2) Seizure of a firearm without a warrant.--A law
enforcement officer may seize a firearm from an individual who
the law enforcement officer determines there is probable cause
to believe is dangerous without obtaining a warrant under
paragraph (1) in the case of exigent circumstances.
(3) Return filed with court.--Not later than 48 hours after
serving a warrant issued under paragraph (1) or seizing a
firearm under paragraph (2), the law enforcement officer who
served the warrant shall file a return with the court that
includes the following information:
(A) The time and date on which the warrant was
served, or the firearm was seized, as applicable.
(B) The name and address of the individual with
respect to whom the warrant was issued, or from whom
the firearm was seized, as applicable.
(C) The quantity of firearms seized, and a
description of each such firearm.
(4) Hearing.--
(A) In general.--Not later than 21 days after a
return is filed under paragraph (3), the court shall
hold a hearing to determine whether the individual is
dangerous. If the court determines that the individual
is dangerous, the court shall--
(i) order that the law enforcement agency
maintain possession of the firearm;
(ii) in the case of an individual who has a
license to carry a firearm, revoke such
license; and
(iii) enter an order restraining that
individual from acquiring a firearm.
(B) Notice.--The court shall provide notice of such
hearing to the government, and to the individual from
whom the firearm was seized.
(C) Burden of proof.--At a hearing under
subparagraph (A), the government shall have the burden
of proving, by clear and convincing evidence, that the
individual is dangerous, and that the firearm should
not be returned to the individual from whom it was
seized.
(D) Firearm owned by another individual.--If the
court determines that the firearm seized is owned by an
individual other than the individual with respect to
whom the warrant was issued, the court shall order the
return of the firearm to that individual.
(E) Inclusion in nics.--In the case that a court
enters an order described in subparagraph (A), the
appropriate person shall make such information
available to the Attorney General to be included in the
National Instant Criminal Background Check System.
(5) Petition for return of firearm.--
(A) In general.--Beginning on the date that is 180
days after the date on which a court entered an order
described in clauses (i) through (iii) of paragraph
(4)(A), an individual against whom such an order was
entered may petition the court for the reversal of such
order.
(B) Granting of petition.--The court shall grant a
petition filed under subparagraph (A) if the petitioner
proves by a preponderance of the evidence that the
individual is not dangerous.
(C) Denial of petition.--If the court denies a
petition under this section, the individual against
whom such order was entered may file another petition
under this section beginning on the date that is 180
days after such denial.
(6) Disposal of firearm.--In the case that an order under
paragraph (4)(A)(i) is still in effect on the date that is 5
years after the date on which it was entered, the court, after
giving notice to the appropriate parties, may order the law
enforcement agency with custody of such firearm to dispose of
the firearm in accordance with any applicable policy of the
jurisdiction in which the firearm was seized.
(7) Request to sell firearm.--
(A) In general.--An individual whose firearms were
retained by a law enforcement agency pursuant to an
order under paragraph (4)(A)(i) may petition the court
for the law enforcement agency to sell the firearm in
accordance with any applicable policy of the
jurisdiction in which the firearm was seized, and
provide the proceeds of such sale to the individual.
The court shall grant such order unless the serial
number on the firearm is damaged.
(B) Timing.--A petition described in subparagraph
(A) may be filed any time prior to the entry of an
order under paragraph (6).
(C) Sale.--A law enforcement agency ordered to sell
a firearm under this section shall sell the firearm not
later than 1 year after the entry of such order, and
may retain not more than 8 percent of the sale cost to
cover the costs of the sale.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $50,000,000 to carry out
this Act for each of fiscal years 2020 through 2022.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H3851)
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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