Safer Neighborhoods Gun Buyback Act of 2021
This bill authorizes the Department of Justice's Bureau of Justice Assistance (BJA) to make grants to states, local governments, or gun dealers to conduct gun buyback programs. The BJA may distribute smart prepaid cards for use by a state, local government, or gun dealer to compensate individuals who dispose of firearms.
Additionally, the bill establishes a new criminal offense for using or accepting a smart prepaid card in the acquisition or transfer of a firearm or ammunition. A violator is subject to a fine, up to two years in prison, or both.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3159 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3159
To authorize the Director of the Bureau of Justice Assistance to make
grants to States, units of local government, and gun dealers to conduct
gun buyback programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 2021
Mr. Payne (for himself, Mr. Quigley, Ms. Norton, Mr. Auchincloss, Ms.
McCollum, Mr. Higgins of New York, Mr. Danny K. Davis of Illinois, Mr.
Grijalva, Mr. Malinowski, Mr. Pallone, Mr. Cicilline, Mrs. Watson
Coleman, Mr. Sires, Ms. Meng, Mr. Evans, Ms. Kelly of Illinois, Mrs.
Hayes, Ms. Wilson of Florida, and Ms. Moore of Wisconsin) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To authorize the Director of the Bureau of Justice Assistance to make
grants to States, units of local government, and gun dealers to conduct
gun buyback programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safer
Neighborhoods Gun Buyback Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GUN BUYBACK GRANT PROGRAM
Sec. 101. Program authorized.
Sec. 102. Applications.
Sec. 103. Term of grant.
Sec. 104. Smart prepaid cards.
Sec. 105. Uses of funds.
Sec. 106. Definitions.
Sec. 107. Authorization of appropriations.
TITLE II--CRIMINAL PROVISION
Sec. 201. Use of smart prepaid card to buy or sell a firearm.
TITLE I--GUN BUYBACK GRANT PROGRAM
SEC. 101. PROGRAM AUTHORIZED.
(a) In General.--The Director of the Bureau of Justice Assistance
(referred to in this title as the ``Director'') may make grants to
eligible entities to conduct gun buyback programs.
(b) Eligible Entity Defined.--In this title, the term ``eligible
entity'' means--
(1) a State;
(2) a unit of local government; or
(3) a gun dealer if neither the unit of local government
nor the State where such dealer is located receives a grant
under this title.
SEC. 102. APPLICATIONS.
(a) Grants.--The chief executive of an eligible entity seeking a
grant under this title shall submit an application to the Director at
such time and containing such information as the Director may
reasonably require.
(b) Subgrants.--A gun dealer located in a unit of local government
or State that does receive a grant under this title seeking a subgrant
shall submit an application to the chief executive of such unit of
local government or State at such time and containing such information
as the chief executive may reasonably require, including proof of such
dealer's license under section 923 of title 18, United States Code.
SEC. 103. TERM OF GRANT.
(a) Term.--The term of a grant awarded under this title shall be
two years.
(b) Availability of Grant Funds.--
(1) States or units of local government.--A State or unit
of local government that receives a grant under this title
shall return to the Director any remaining smart prepaid cards
and any unused portion of such grant at the end of the two-year
and 270-day period beginning on the date that the grant was
awarded.
(2) Gun dealers.--A gun dealer that receives a grant or
subgrant under this title shall return to the Director any
remaining smart prepaid cards and any unused portion of such
grant or subgrant that was allocated to be used to buy back
guns--
(A) in the case of a gun dealer receiving a grant,
at the end of the two-year period beginning on the date
that the grant was awarded; or
(B) in the case of a gun dealer receiving a
subgrant, at the end of the two-year period beginning
on the date that the grant was awarded to the State or
unit of local government from which the gun dealer
received a subgrant.
(c) Amounts Returned.--The Director shall return to the general
fund of the Treasury any amounts returned under subsection (b).
SEC. 104. SMART PREPAID CARDS.
(a) In General.--In conducting the grant program authorized under
section 101, the Director may reserve such funds as may be necessary to
acquire and distribute smart prepaid cards to eligible entities that
receive grants under this title. The Director shall distribute the
smart prepaid cards without any funds loaded onto the cards.
(b) Market Value of Guns.--The Director shall determine the market
value of each gun that the Director determines should be included in
the gun buyback program and make such information publicly available.
(c) Prohibition on Use of Cards To Buy Guns.--
(1) In general.--A person may not use a smart prepaid card
in the acquisition of a gun or ammunition, and a person may not
accept a smart prepaid card in the transfer (including a loan)
of a gun or ammunition.
(2) Penalty.--A person that violates paragraph (1) shall
pay to the Director an amount that is equal to the value of the
prohibited sale.
SEC. 105. USES OF FUNDS.
(a) States and Units of Local Government.--A State or unit of local
government receiving a grant under this title shall use such funds to
do the following:
(1) Gun buyback program.--Use such funds to--
(A) conduct a gun buyback program; or
(B) make subgrants to gun dealers in such State or
unit of local government to conduct gun buyback
programs, and distribute the smart prepaid cards such
State or unit of local government receives to gun
dealers receiving subgrants.
(2) Gun and ammunition recycling program.--Use not more
than 10 percent of such funds to recycle the guns and
ammunition that such State or unit of local government collects
or receives from gun dealers.
(3) Administrative costs.--Use not more than 15 percent of
such funds for the administrative costs of carrying out the
grant program under this title, including the criminal database
checks under subsection (f).
(b) Gun Dealers.--
(1) In general.--A gun dealer receiving a grant or subgrant
under this title shall use such funds to conduct a gun buyback
program.
(2) Smart prepaid card amounts.--
(A) In order to purchase a gun through a gun
buyback program, a gun dealer shall load onto a smart
prepaid card 125 percent of the market value of the gun
that the individual wishes to dispose of (as determined
by the Director under section 104(b)).
(B) A gun dealer may increase the purchase price of
a gun and load an amount onto a smart prepaid card that
is greater than 125 percent of the market value of the
gun if the gun dealer determines that the gun has been
altered in a way that would increase the market value
of the gun (such as an altered grip, or the addition of
a scope).
(3) Guns received.--
(A) In the case of a gun dealer receiving a grant
under this title, the gun dealer shall deliver a gun or
ammunition the dealer receives under the gun buyback
program to the closest office of the Bureau of Alcohol,
Tobacco, Firearms and Explosives not later than 60 days
after receiving such gun.
(B) In the case of a gun dealer receiving a
subgrant under this title, the gun dealer shall deliver
a gun or ammunition the dealer receives under the gun
buyback program to the State or unit of local
government from which it receives the subgrant not
later than 60 days after receiving such gun.
(c) Ammunition Collection.--A State, unit of local government, or
gun dealer conducting a gun buyback program under this title may accept
ammunition from individuals wishing to dispose of it, which shall be
recycled in accordance with paragraph (3), but may not use smart
prepaid cards to purchase ammunition under the gun buyback program.
(d) Incentives for Gun Dealer Participation.--To the extent that
the Director determines necessary to facilitate participation of gun
dealers in the gun buyback program, grant funds may be used to provide
monetary or other incentives to gun dealers to participate in such
program. For purposes of subsection (a), any such incentives shall be
treated as part of the subgrant to the gun dealer described in
paragraph (1)(B) thereof.
(e) Resale of Guns Prohibited.--A State, unit of local government,
or gun dealer conducting a gun buyback program under this title may not
sell a gun or ammunition received under such program.
(f) Criminal Database Check.--A State, unit of local government, or
office of the Bureau of Alcohol, Tobacco, Firearms and Explosives that
receives a gun under a gun buyback program under this title shall, not
later than 21 days after receiving the gun, use any database accessible
to the State, unit of local government, or office of the Bureau of
Alcohol, Tobacco, Firearms and Explosives, as applicable, in order to
determine whether the gun was used in the commission of a crime. If
such a gun was used in the commission of a crime, the gun shall be
delivered to the appropriate prosecuting authority.
SEC. 106. DEFINITIONS.
In this title:
(1) Ammunition.--The term ``ammunition'' has the meaning
given such term in section 921(a)(17)(A) of title 18, United
States Code.
(2) Gun.--The term ``gun'' means ``firearm'' as defined in
section 921(a)(3) of title 18, United States Code.
(3) Gun buyback program.--The term ``gun buyback program''
means a program under which a State, a unit of local
government, or a gun dealer, using smart prepaid cards as
described in section 105(b)(2), purchases back from individuals
wishing to dispose of them, a gun identified by the Director
under section 104(b).
(4) Gun dealer.--The term ``gun dealer'' means a dealer of
firearms licensed under section 923 of title 18, United States
Code.
(5) Smart prepaid card.--The term ``smart prepaid card''
means a card issued by the Director that--
(A) is redeemable at multiple, unaffiliated
merchants or service providers;
(B) contains a mechanism, for the purpose of
preventing the cardholder from using it to purchase a
gun or ammunition, that recognizes the merchant
category code of a merchant and prohibits the use of
such card at a place of business subject to a license
to deal in firearms under section 923 of title 18,
United States Code;
(C) is honored, upon presentation, by merchants
solely for goods or services, except for merchants
described in subparagraph (B);
(D) is loaded on a prepaid basis by a State, unit
of local government, or gun dealer for use in a gun
buyback program;
(E) clearly and conspicuously bears the words
``THIS CARD MAY NOT BE USED TO PURCHASE A GUN OR
AMMUNITION'' in capital and raised letters on the card;
and
(F) may not redeemed for coins or currency.
(6) State.--The term ``State'' means each of the 50 States,
the District of Columbia, or any commonwealth, territory, or
possession of the United States.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $360,000,000 for each of
fiscal years 2020 through 2022 to carry out this title.
TITLE II--CRIMINAL PROVISION
SEC. 201. USE OF SMART PREPAID CARD IN THE ACQUISITION OR TRANSFER OF A
FIREARM.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Use of smart prepaid card in the acquisition or transfer of
a firearm
``Whoever, in or affecting interstate or foreign commerce, uses a
smart prepaid card (as such term is defined in section 106 of the Safer
Neighborhoods Gun Buyback Act of 2017) in connection with the
acquisition of, or accepts a smart prepaid card in connection with the
transfer (including a loan) of a firearm or ammunition shall be fined
under this title, imprisoned for not more than 2 years, or both.''.
(b) Clerical Amendments.--
(1) Conforming amendment.--Section 924(a)(1) of title 18,
United States Code, is amended by inserting after ``section
929'' the following: ``or section 932''.
(2) Table of sections.--The table of sections at the
beginning of chapter 44 of title 18, United States Code, is
amended by inserting after the item relating to section 931 the
following:
``932. Use of smart prepaid card in the acquisition or transfer of a
firearm.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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