Protect Children Through Safe Gun Ownership Act
This bill establishes certain requirements and education programs for the safe storage of firearms, including by establishing grants to provide parents with educational materials on gun safety and the importance of secure gun storage.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6639 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6639
To amend chapter 44 of title 18, United States Code, to require
adequate supervision before a juvenile can possess a firearm, to
require the safe storage of firearms, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2022
Mr. Levin of Michigan (for himself, Mr. Auchincloss, Ms. Bass, Mr.
Carson, Mr. Casten, Ms. Kelly of Illinois, Mr. Lieu, Ms. Manning, Mrs.
McBath, and Mr. Neguse) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Education and Labor, 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 amend chapter 44 of title 18, United States Code, to require
adequate supervision before a juvenile can possess a firearm, to
require the safe storage of firearms, 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 ``Protect Children Through Safe Gun
Ownership Act''.
SEC. 2. LIMITATION ON WRITTEN CONSENT TO PERMIT A JUVENILE TO POSSESS A
HANDGUN.
Section 922(x) of title 18, United States Code, is amended by
adding at the end the following:
``(7) It shall be unlawful for any parent or guardian to provide
written consent under paragraph (3) unless the parent or guardian has
actual knowledge that the possession or use of the handgun by the
juvenile will be in the presence and under the active supervision of
the transferor or another adult who is not prohibited by Federal,
State, or local law from possessing a firearm.''.
SEC. 3. SECURE GUN STORAGE OR SAFETY DEVICE.
(a) In General.--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.--It shall be unlawful for
a person to keep, leave, or store any unsecured
firearm that has moved in, or that has
otherwise affected, interstate or foreign
commerce, unless the person 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.
``(ii) Unsecured firearm.--In clause (i),
the term `unsecured firearm' means a firearm
that is not secured by a secure gun storage or
safety device.
``(B) Private right of action.--
``(i) In general.--An individual who is
injured as a result of a violation of
subparagraph (A) (or, in the case of an
individual who has died as a result of such a
violation, a member of the family of, or the
estate of, the individual) may bring a civil
action against the violator or any other person
who, when the violation occurred, was in
control of any premises on which the violation
occurred if the violator or the person in
control of the premises knew or should have
known that there was an unsecured firearm on
the premises, in a court of competent
jurisdiction, for compensatory and punitive
damages, injunctive and declaratory relief, and
such other relief as the court deems
appropriate.
``(ii) Joint and several liability.--In an
action described in clause (i), the liability
of all defendants shall be joint and several.
``(iii) Rule of interpretation.--For
purposes of any determination of liability
covered by any contract of insurance entered
into after the date of the enactment of this
subparagraph, a violation of subparagraph (A)
shall not solely be considered an intentional
action.
``(iv) No effect on state law.--This
subparagraph shall not be interpreted to
preempt, supplant, or displace any claim
brought under State statutory law or common
law.''.
(b) Penalties.--Section 924 of such title is amended by adding at
the end the following:
``(q) With respect to a violation of section 922(z), the Attorney
General shall, after notice and opportunity for a hearing--
``(1)(A) in the case of a 1st violation, subject the person
to a civil money penalty of not more than $1,000; or
``(B) in the case of a 2nd or subsequent violation, subject
the person to a civil money penalty of not more than $5,000;
and
``(2) in the case of any violation, notify the person of
the prohibitions set forth in section 922(d)(10).''.
(c) Prohibition.--Section 922(d) of such title is amended in the
1st sentence--
(1) in paragraph (8)(B)(ii), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(10) has been assessed a civil money penalty for a
violation of subsection (z)(4) within the preceding 5 years.''.
(d) Regulations.--Within 6 months after the date of the enactment
of this Act, the Attorney General shall promulgate such rules as are
necessary to ensure that--
(1) the national instant criminal background check system
established under section 103 of the Brady Handgun Violence
Prevention Act denies the transfer of a firearm to a person who
has been assessed a civil money penalty for a violation of
section 922(z)(4) of title 18, United States Code, in the 5-
year period ending with the date of the proposed transfer; and
(2) each person licensed under chapter 44 of such title
provides notice of the penalties for violating such section
922(z)(4) to any person not licensed under such chapter who
seeks to acquire a firearm from the licensee.
SEC. 4. GRANT PROGRAM FOR SAFE STORAGE EDUCATION.
(a) In General.--From the amounts made available to carry out this
Act, the Secretary of Education shall award grants, on a competitive
basis, to eligible local educational agencies to provide parents with
educational materials on gun safety and the importance and necessity of
secure gun storage.
(b) Application.--To be eligible to receive a grant under this
section, an eligible local educational agency shall submit to the
Secretary an application at such time, in such manner, and containing
such information as the Secretary may require.
(c) Authorized Uses of Funds.--In addition to using a grant
received under this section for the purposes described in subsection
(a), an eligible local educational agency may use such grant to--
(1) provide educational materials on gun safety for
parents, including best practices on how to keep guns secure
from children;
(2) conduct information sessions on gun safety that are
publicly accessible; or
(3) hire or assign an individual to monitor the activities
carried out under the grant.
(d) Guidance.--Not later than 180 days before the first grant is
awarded under this section, the Secretary shall issue guidance on best
practices on--
(1) keeping children secure from guns; and
(2) the provision, by local educational agencies, of age-
appropriate education on gun safety for parents.
(e) Definitions.--In this section:
(1) Eligible local educational agency.--The term ``eligible
local educational agency'' means a local educational agency
that is located in a State with a secure gun storage law
similar to paragraph (4) of section 922(z) of title 18, United
States Code, as added by section 3.
(2) ESEA terms.--The terms ``local educational agency'' and
``parent'' have the meanings given such terms in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 5. REPORT ON IMPLEMENTATION.
Within 2 years after the date of the enactment of this Act, and
annually thereafter, the Attorney General shall submit a written report
to the Congress on the implementation of this Act and the amendments
made by this Act, including a disaggregation of the application of the
amendments to individuals by sex, race, age, ethnicity, national
origin, and English language proficiency.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, 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 Education and Labor, 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 Crime, Terrorism, and Homeland Security.
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