Blair Holt Firearm Owner Licensing and Record of Sale Act of 2022
This bill establishes new requirements and restrictions with respect to the sale, transfer, and possession of firearms.
Among the requirements, the bill
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7730 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7730
To provide for the implementation of a system of licensing for
purchasers of certain firearms and for a record of sale system for
those firearms, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2022
Mr. Rush introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for the implementation of a system of licensing for
purchasers of certain firearms and for a record of sale system for
those 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Blair Holt Firearm
Owner Licensing and Record of Sale Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I--LICENSING
Sec. 101. Licensing requirement.
Sec. 102. Issuance, revocation, and renewal of firearm owner licenses.
Sec. 103. Relief from denial or revocation of firearm owner licenses.
TITLE II--RECORD OF SALE OR TRANSFER
Sec. 201. Sale or transfer requirements for qualifying firearms.
Sec. 202. Firearm records.
TITLE III--ADDITIONAL PROHIBITIONS
Sec. 301. Firearms transfers.
Sec. 302. Failure to maintain or permit inspection of records.
Sec. 303. Failure to report loss or theft of firearm.
Sec. 304. Failure to provide notice of change of address.
Sec. 305. Child access prevention.
TITLE IV--ENFORCEMENT
Sec. 401. Criminal penalties.
Sec. 402. Regulations.
Sec. 403. Inspections.
Sec. 404. Orders.
Sec. 405. Injunctive enforcement.
TITLE V--FIREARM INJURY INFORMATION AND RESEARCH
Sec. 501. Duties of the Attorney General.
TITLE VI--EFFECT ON STATE LAW
Sec. 601. Effect on State law.
Sec. 602. Certification of State firearm licensing systems and State
firearm record of sale systems.
TITLE VII--RELATIONSHIP TO OTHER LAW
Sec. 701. Subordination to Arms Export Control Act.
TITLE VIII--INAPPLICABILITY
Sec. 801. Inapplicability to governmental authorities.
TITLE IX--EFFECTIVE DATES OF AMENDMENTS
Sec. 901. Effective dates of amendments.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the manufacture, distribution, and importation of
firearms is inherently commercial in nature;
(2) firearms regularly move in interstate commerce;
(3) to the extent that firearms trafficking is intrastate
in nature, it arises out of and is substantially connected with
a commercial transaction that, when viewed in the aggregate,
substantially affects interstate commerce;
(4) because the intrastate and interstate trafficking of
firearms are so commingled, full regulation of interstate
commerce requires the incidental regulation of intrastate
commerce;
(5) firearm-related assaults in the United States during
the 19-year period between 2001 and 2019 were--
(A) associated with the majority of homicides and
half of all suicides; and
(B) the seventh leading cause of nonfatal violent
injuries;
(6) on the afternoon of May 10, 2007, Blair Holt, a junior
at Julian High School in Chicago, was killed on a public bus
riding home from school when he used his body to shield a girl
who was in the line of fire after a young man boarded the bus
and started shooting;
(7) since 2007, when 32 students and teachers were killed
at Virginia Tech, 7 of the 11 most deadly mass shootings in the
United States have taken place;
(8) since 2012, when 20 first graders and teachers were
murdered with an assault rifle at Sandy Hook Elementary School
in Newtown, Connecticut, more than 230 school shootings have
occurred in the United States;
(9) in 2015, there were 335 mass shootings, including,
notably, the shooting at Umpqua Community College in Oregon,
the Charleston church shooting in South Carolina, the theater
shooting in Lafayette, Louisiana, and the Isla Vista community
shootings in California;
(10) since 2016, the country has witnessed 4 of the 10 most
deadly mass shootings in modern United States history;
(11) in February 2018, 17 members of the Marjory Stoneman
Douglas High School community in Parkland, Florida, lost their
lives at the hands of a 19-year-old armed with an AR-15
semiautomatic assault rifle;
(12) according to the Federal Bureau of Investigation, the
criminal homicide rate increased from 5.1 per 100,000 people in
2019 to 6.5 per 100,000 people in 2020, the largest single year
increase in at least the past 6 decades and approximately 73
percent of 2019 criminal homicides are estimated to have been
firearms-related, while approximately 77 percent of 2020
criminal homicides are estimated to have been firearms-related;
(13) communities of color suffer disproportionately from
gun violence, with Black children and teens 14 percent more
likely to die of gun violence than their White counterparts and
Latino children and teens 3 times more likely to die of gun
violence than their White counterparts; and
(14) between 2015 and 2020, there were 2,429 mass
shootings, including 611 in 2020 alone.
(b) Sense of Congress.--It is the sense of Congress that--
(1) firearms trafficking is prevalent and widespread in and
among the States, and it is usually impossible to distinguish
between intrastate trafficking and interstate trafficking; and
(2) it is in the national interest and within the role of
the Federal Government to ensure that the regulation of
firearms is uniform among the States, that law enforcement can
quickly and effectively trace firearms used in crime, and that
firearms owners know how to use and safely store their
firearms.
(c) Purposes.--The purposes of this Act and the amendments made by
this Act are--
(1) to protect the public against the unreasonable risk of
injury and negligent or reckless death associated with the
unrecorded sale or transfer of qualifying firearms to criminals
and youths;
(2) to ensure that owners of qualifying firearms are
knowledgeable in the safe use, handling, and storage of those
firearms;
(3) to restrict the availability of qualifying firearms to
criminals, youth, and other persons prohibited by Federal law
from receiving firearms;
(4) to facilitate the tracing of qualifying firearms used
in crime by Federal and State law enforcement agencies; and
(5) to hold criminally and civilly liable those who
facilitate the transfer of qualifying firearms, causing risk of
injury and negligent or reckless death associated with the
transfer of those qualifying firearms.
SEC. 3. DEFINITIONS.
(a) In General.--In this Act, the terms ``firearm'', ``qualifying
firearm'', and ``State'' have the meanings given those terms in section
921(a) of title 18, United States Code, as amended by subsection (b).
(b) Title 18, United States Code.--Section 921(a) of title 18,
United States Code, is amended by adding at the end the following:
``(36) The term `detachable ammunition feeding device'--
``(A) means a magazine, belt, drum, feed strip, or similar
device that--
``(i) is capable of being detached from a
semiautomatic rifle; and
``(ii) has a capacity of, or that can be readily
restored or converted to accept, more than 10 rounds of
ammunition; and
``(B) does not include an attached tubular device designed
to accept, and capable of operating only with, .22 caliber
rimfire ammunition.
``(37) The term `firearm owner license' means a license issued
under section 923(m).
``(38) The term `qualifying firearm'--
``(A) means--
``(i) a handgun; or
``(ii) a semiautomatic rifle that is capable of
accepting a detachable ammunition feeding device; and
``(B) does not include an antique firearm.''.
TITLE I--LICENSING
SEC. 101. LICENSING REQUIREMENT.
Section 922 of title 18, United States Code, is amended by adding
at the end the following:
``(aa) Firearm Licensing Requirement.--
``(1) In general.--Subject to paragraph (2), it shall be
unlawful for any individual other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector
to possess a qualifying firearm on or after the applicable
date, unless that individual has a valid--
``(A) firearm owner license; or
``(B) State firearm license.
``(2) Exemptions.--
``(A) In general.--Paragraph (1) shall not apply
to--
``(i) a Federal, State, local, or Tribal
law enforcement officer while engaged in the
performance of official duties;
``(ii) a member of the Armed Forces or
National Guard while engaged in the performance
of official duties;
``(iii) a Federal employee who is required
to carry a qualifying firearm in the capacity
of that individual as a Federal employee while
engaged in the performance of official duties;
``(iv) a member of a bona fide veterans
organization that received the qualifying
firearm directly from the Armed Forces,
including a member of the color guard of the
veterans organization, while using the
qualifying firearm for a ceremonial purpose
with blank ammunition;
``(v) an unemancipated minor who is under
the direct supervision of an individual who--
``(I) has a valid firearm owner
license or State firearm license; and
``(II) is, with respect to the
minor--
``(aa) a parent;
``(bb) a legal guardian; or
``(cc) any other individual
standing in loco parentis;
``(vi) an individual with a valid hunting
license issued by a State while the individual
is--
``(I) hunting in the State that
issued the license; and
``(II) accompanied by an individual
who has a valid firearm owner license
or State firearm license; or
``(vii) an individual who is--
``(I)(aa) on a firing or shooting
range; or
``(bb) participating in a firearms
safety or training course recognized
by--
``(AA) a Federal, State,
local, or Tribal law
enforcement agency; or
``(BB) a national or
statewide shooting sports
organization;
``(II) otherwise eligible to obtain
a firearm owner license; and
``(III) under the direct
supervision of an individual who--
``(aa) has a valid firearm
owner license or State firearm
license; and
``(bb) is not less than 21
years of age.
``(B) Individuals with state firearm licenses.--Not
later than 60 days after the date on which an
individual who has a State firearm license moves from
the State in which the State firearm license of the
individual was issued to a different State, the
individual shall--
``(i) if the State to which the individual
has moved has a State firearm owner licensing
system certified by the Attorney General under
section 933, apply for--
``(I) a State firearm license under
that State system; or
``(II) a firearm owner license; or
``(ii) if the State to which the individual
has moved does not have a State firearm
licensing system certified by the Attorney
General under section 933, apply for a firearm
owner license.
``(3) Definitions.--In this subsection--
``(A) the term `applicable date' means, with
respect to a qualifying firearm that is acquired by the
individual--
``(i) before the date of enactment of the
Blair Holt Firearm Owner Licensing and Record
of Sale Act of 2022, 2 years after that date of
enactment; and
``(ii) on or after the date of enactment of
the Blair Holt Firearm Owner Licensing and
Record of Sale Act of 2022, 1 year after that
date of enactment; and
``(B) the term `State firearm license' means a
firearm license issued under a firearm licensing system
established by a State that has been certified by the
Attorney General under section 933.
``(bb) Denial or Revocation of Firearm Owner Licenses.--It shall be
unlawful for any individual who is denied a firearm owner license under
paragraph (3)(D) of section 923(m) or receives a revocation notice
under paragraph (5)(B)(i) of that section to knowingly--
``(1) fail to surrender the firearm owner license of the
individual in accordance with paragraph (6)(A)(i) of that
section;
``(2) fail to submit a firearm disposition record in
accordance with paragraph (6)(A)(ii) of that section;
``(3) make a false statement in a firearm disposition
record submitted under paragraph (6)(A)(ii) of that section; or
``(4) fail to transfer any qualifying firearm of the
individual in accordance with paragraph (6)(A)(iii) of that
section.''.
SEC. 102. ISSUANCE, REVOCATION, AND RENEWAL OF FIREARM OWNER LICENSES.
Section 923 of title 18, United States Code, is amended--
(1) in subsection (d)(1)(F)(iii), by inserting ``under
subsection (a) or (b)'' after ``Federal firearms license'';
(2) in subsection (l), by inserting ``under subsection (a)
or (b)'' after ``a firearms license is issued''; and
(3) by adding at the end the following:
``(m) Firearm Owner Licenses.--
``(1) Definitions.--In this subsection--
``(A) the term `clinical psychologist' means a
psychologist licensed or registered to practice
psychology in the State in which the psychologist
practices who--
``(i) has--
``(I) a doctoral degree from a
regionally accredited university,
college, or professional school; and
``(II) not less than 2 years of
supervised experience in health
services, of which--
``(aa) not less than 1 year
is of postdoctoral experience;
and
``(bb) not less than 1 year
is of experience in an
organized health service
program; or
``(ii) has--
``(I) a graduate degree in
psychology from a regionally accredited
university or college; and
``(II) not less than 6 years of
experience as a psychologist, of which
not less than 2 years are of supervised
experience in health services;
``(B) the term `covered offense' means battery,
assault, aggravated assault, or violation of an order
of protection, in which a firearm was used or
possessed;
``(C) the term `identification document' has the
meaning given the term in section 1028(d);
``(D) the term `licensed individual' means an
individual issued a firearm owner license under
paragraph (3);
``(E) the term `physician' means a doctor of
medicine legally authorized to practice medicine by the
State in which the physician performs that function or
action;
``(F) the term `qualified examiner' means a medical
professional authorized to conduct a qualifying mental
health evaluation by the State in which the evaluation
occurs; and
``(G) the term `qualifying mental health
evaluation' means a mental evaluation by a physician,
clinical psychologist, or qualified examiner resulting
in a certification by the physician, clinical
psychologist, or qualified examiner that an individual
is not a clear and present danger to the individual or
others.
``(2) Applications.--
``(A) In general.--An individual applying for a
firearm owner license under this subsection shall
submit to the Attorney General, in accordance with the
regulations promulgated under subparagraph (B), an
application that includes--
``(i) a current, passport-sized photograph
of the applicant that provides a clear,
accurate likeness of the applicant;
``(ii) the name, address, and date and
place of birth of the applicant;
``(iii) any other name that the applicant
has ever used or by which the applicant has
ever been known;
``(iv) with respect to each category of
person prohibited by Federal law, or by the law
of the State of residence of the applicant,
from obtaining a firearm, a statement that the
applicant is not a person prohibited from
receiving a firearm;
``(v)(I) a certification by the applicant
that the applicant is not younger than 21 years
old; or
``(II) in the case of an applicant who is
younger than 21 years old--
``(aa) written proof of the consent
of the parent or legal guardian of the
applicant for the applicant to possess
and acquire a qualifying firearm,
provided that the parent or legal
guardian--
``(AA) is not an individual
prohibited by subsection (g) or
(n) of section 922 from
receiving a firearm; and
``(BB) submits an affidavit
with the application affirming
that the parent or legal
guardian is not an individual
prohibited by subsection (g) or
(n) of section 922 from
receiving a firearm; and
``(bb) a certification by the
applicant that the applicant has not
been convicted of a misdemeanor, other
than a traffic offense, or adjudged
delinquent;
``(vi) a certification by the applicant
that the applicant--
``(I) was not a patient in a mental
health facility during the 5-year
period preceding the date on which the
application is submitted;
``(II) is not an individual with an
intellectual or developmental
disability;
``(III) is not subject to an order
of protection prohibiting the applicant
from possessing a firearm;
``(IV) has not been convicted of a
covered offense during the 5-year
period preceding the date on which the
application is submitted; and
``(V) has not been adjudged
delinquent for an act of juvenile
delinquency that if committed by an
adult would be a felony;
``(vii) if the individual was a patient in
a mental health facility during a period ending
more than 5 years before the date on which the
application is submitted, a qualifying mental
health evaluation;
``(viii) an authorization by the applicant
to release to the Attorney General, or an
authorized representative of the Attorney
General, any mental health records pertaining
to the applicant;
``(ix) the rolled fingerprints of the
applicant;
``(x) the date on which the application was
submitted; and
``(xi) the signature of the applicant.
``(B) Regulations governing submission.--
``(i) In general.--The Attorney General
shall promulgate regulations specifying
procedures for the submission of an application
under subparagraph (A) to the Attorney General
that shall--
``(I) provide for submission of the
application through a licensed dealer
or an office or agency of the Federal
Government designated by the Attorney
General;
``(II) require the applicant to
provide a valid identification document
of the applicant, containing a
photograph of the applicant, to the
licensed dealer or to the office or
agency of the Federal Government, as
applicable, at the time of submission
of the application to that licensed
dealer, office, or agency; and
``(III) require that a completed
application be forwarded to the
Attorney General not later than 48
hours after the application is
submitted to the licensed dealer or
office or agency of the Federal
Government.
``(ii) Definition.--In this subparagraph,
the term `agency' has the meaning given the
term in section 551 of title 5.
``(C) Fees.--
``(i) In general.--The Attorney General
shall charge and collect from each applicant
for a license under this subsection a fee in an
amount determined in accordance with clause
(ii).
``(ii) Fee amount.--The amount of the fee
collected under this subparagraph shall be not
less than the amount determined by the Attorney
General to be necessary to ensure that the
total amount of all fees collected under this
subparagraph during a fiscal year is sufficient
to cover the costs of carrying out this
subsection during that fiscal year, except that
such amount shall not exceed $10.
``(3) Issuance of licenses.--
``(A) In general.--Not later than 30 days after the
date on which an application is submitted under
paragraph (2), the Attorney General shall issue a
firearm owner license to an applicant who has submitted
an application that meets the requirements under
paragraph (2), if, after conducting a fingerprint-based
nationwide criminal background check using the rolled
fingerprints of the applicant submitted in the
application, the Attorney General determines that the
applicant--
``(i) is not prohibited by subsection (g)
or (n) of section 922 from receiving a
qualifying firearm;
``(ii)(I) is not younger than 21 years old;
or
``(II) is younger than 21 years old and--
``(aa) has submitted written proof
of the consent of the parent or legal
guardian of the applicant required
under paragraph (2)(A)(v)(II)(aa); and
``(bb) has not been convicted of a
misdemeanor, other than a traffic
offense, or adjudged delinquent;
``(iii) was not a patient in a mental
health facility during the 5-year period
preceding the date on which the application is
submitted;
``(iv) is not an individual with an
intellectual or developmental disability;
``(v) is not subject to an order of
protection prohibiting the applicant from
possessing a firearm;
``(vi) has not been convicted of a covered
offense during the 5-year period preceding the
date on which the application is submitted;
``(vii) has not been adjudged delinquent
for an act of juvenile delinquency that if
committed by an adult would be a felony;
``(viii) if the applicant was a patient in
a mental health facility during a period ending
more than 5 years before the date on which the
application is submitted, has received a
qualifying mental health evaluation;
``(ix) does not have a mental condition
that makes the applicant a clear and present
danger to the individual or others; and
``(x) has not intentionally made a false
statement in the application under paragraph
(2).
``(B) Effect of issuance to prohibited
individuals.--A firearm owner license issued under this
paragraph shall be null and void if issued to an
individual who is prohibited by subsection (g) or (n)
of section 922 from receiving a firearm.
``(C) Form of licenses.--A firearm owner license
issued under this paragraph shall be in the form of a
tamper-resistant card, and shall include--
``(i) the photograph of the licensed
individual submitted with the application under
paragraph (2);
``(ii) the address of the licensed
individual;
``(iii) the date of birth of the licensed
individual;
``(iv) the sex of the licensed individual;
``(v) the height and weight of the licensed
individual;
``(vi) a license number, unique to each
licensed individual;
``(vii) the expiration date of the license,
which shall be--
``(I) the date that is 5 years
after the initial anniversary of the
date of birth of the licensed
individual following the date on which
the license is issued; or
``(II) in the case of a license
renewed under paragraph (4), the date
that is 5 years after the anniversary
of the date of birth of the licensed
individual following the date on which
the license is renewed;
``(viii) a facsimile of the rolled
fingerprints of the individual submitted in the
application of the individual under paragraph
(2)(A)(ix) in an encrypted, embedded, and
machine-readable format;
``(ix) the signature of the licensed
individual provided on the application under
paragraph (2), or a facsimile of the signature;
and
``(x) centered at the top of the license,
capitalized, and in boldface type, the
following:
`FIREARM OWNER LICENSE--NOT VALID FOR ANY OTHER PURPOSE'.
``(D) Denial.--
``(i) In general.--If the Attorney General
determines that an applicant does not meet the
requirements under subparagraph (A), the
Attorney General shall provide written notice
to the applicant that states--
``(I) the specific grounds on which
the denial is based; and
``(II) the requirements for
issuance of a firearm owner license
under subparagraph (A).
``(ii) Notice to local law enforcement.--
The Attorney General shall transmit a copy of
the notice described in clause (i) to the
sheriff and law enforcement agency having
jurisdiction where the individual to whom the
denial pertains resides.
``(E) Change of address.--A licensed individual
shall immediately notify the Attorney General if the
licensed individual moves from the residence address
listed on the firearm owner license of that licensed
individual.
``(4) Renewal of licenses.--
``(A) Applications for renewal of licenses.--
``(i) In general.--A licensed individual
seeking to renew a firearm owner license shall,
not later than 60 days before the expiration
date of the firearm owner license, submit to
the Attorney General, in accordance with the
regulations promulgated under subparagraph (B),
an application for renewal of the license.
``(ii) Contents.--An application submitted
under clause (i) shall include--
``(I) a current, passport-sized
photograph of the licensed individual
that provides a clear, accurate
likeness of the licensed individual;
``(II) current proof of identity of
the licensed individual; and
``(III) the address of the licensed
individual.
``(iii) Regulations governing submission.--
The Attorney General shall promulgate
regulations specifying procedures for the
submission of applications under this
subparagraph.
``(B) Issuance of renewed licenses.--Upon approval
of an application submitted under subparagraph (A), the
Attorney General shall issue a renewed license, which
shall meet the requirements of paragraph (3)(C), except
that the license shall include the current photograph
and address of the licensed individual, as provided in
the application submitted under subparagraph (A) of
this paragraph, and the expiration date of the renewed
license, in accordance with paragraph (3)(C)(vii)(II).
``(5) Revocation of licenses.--
``(A) In general.--If a licensed individual becomes
an individual who the Attorney General determines does
not meet the requirements under paragraph (3)(A) of
this subsection--
``(i) the firearm owner license is revoked;
and
``(ii) the individual shall surrender the
firearm owner license to the Attorney General
in accordance with paragraph (6)(A) of this
subsection.
``(B) Notice.--
``(i) In general.--Upon receipt by the
Attorney General of notice that a licensed
individual has become an individual described
in subparagraph (A), the Attorney General shall
provide written notice to the individual that--
``(I) the firearm owner license is
revoked; and
``(II) states the specific grounds
on which the revocation is based.
``(ii) Notice to local law enforcement.--
The Attorney General shall transmit a copy of
the notice described in clause (i) to the
sheriff and law enforcement agency having
jurisdiction where the individual to which the
denial pertains resides.
``(6) Surrender of licenses and qualifying firearms.--
``(A) In general.--Subject to subparagraph (F), an
individual who is denied a firearm owner license under
paragraph (3)(D) or receives a revocation notice under
paragraph (5)(B)(i) shall, not later than 48 hours
after receiving notice of the denial or revocation--
``(i) in the case of an individual who
receives a revocation notice, surrender the
firearm owner license of the individual--
``(I) by bringing the firearm owner
license to an office of--
``(aa) the Federal Bureau
of Investigation;
``(bb) the Bureau of
Alcohol, Tobacco, Firearms, and
Explosives; or
``(cc) a United States
Attorney; or
``(II) by mailing the firearm owner
license to the Attorney General;
``(ii) if the individual owns or has
custody and control of a qualifying firearm,
complete a firearm disposition record described
in subparagraph (B) and--
``(I) in the case of an individual
who receives a denial notice, submit
that firearm disposition record to an
entity described in clause (i); and
``(II) in the case of an individual
who receives a revocation notice,
submit that firearm disposition record
at the same time that the individual
surrenders the firearm owner license
under clause (i); and
``(iii) transfer any qualifying firearm
that is owned by or under the custody and
control of the individual to--
``(I) any location other than--
``(aa) a location to which
the individual has immediate
access;
``(bb) a residence of the
individual;
``(cc) a vehicle of the
individual; or
``(dd) a storage space of
the individual; or
``(II) if applicable, any person
other than a member of the household of
the individual.
``(B) Firearm disposition records.--The Attorney
General shall prescribe a form for a firearm
disposition record to be completed under subparagraph
(A)(ii) that shall require an individual completing the
firearm disposition record to disclose--
``(i) the make, model, and serial number of
each qualifying firearm that is owned by or
under the custody and control of the individual
on the date on which the firearm disposition
record is completed by the individual;
``(ii) the location where each qualifying
firearm described in clause (i) will be located
after the individual submits the firearm
disposition record; and
``(iii) if any qualifying firearm described
in clause (i) will be transferred to the
ownership or custody and control of another
person, the name, address, and, if applicable,
firearm owner license number of the transferee.
``(C) Responsibilities of receiving entities.--At
the time at which an entity described in subparagraph
(A)(i) receives a firearm owner license and firearm
disposition record under subparagraph (A), the entity
shall--
``(i) provide to the individual
surrendering the firearm owner license and
submitting the firearm disposition record--
``(I) a receipt showing that the
individual surrendered the firearm
owner license to the entity; and
``(II) a copy of the firearm
disposition record submitted by the
individual; and
``(ii) if the entity is an entity described
in item (aa), (bb), or (cc) of subparagraph
(A)(i)(I)--
``(I) transmit to the Attorney
General--
``(aa) the firearm owner
license; and
``(bb) the firearm
disposition record; and
``(II) maintain a copy of the
documents described in subclause (I) of
this clause.
``(D) Right to reclaim firearm.--An individual who
transfers a qualifying firearm under subparagraph
(A)(iii) may reclaim the qualifying firearm after a
successful application for relief or appeal under
section 925(g).''.
SEC. 103. RELIEF FROM DENIAL OR REVOCATION OF FIREARM OWNER LICENSES.
Section 925 of title 18, United States Code, is amended by adding
at the end the following:
``(g) Relief From Denial or Revocation of Firearm Owner Licenses.--
``(1) Application to the attorney general.--
``(A) In general.--If the Attorney General denies a
firearm owner license to an individual under paragraph
(3)(D) of section 923(m) or revokes the firearm owner
license of an individual under paragraph (5) of that
section, the individual may, not later than 60 days
after the date on which the denial or revocation
occurs, make an application to the Attorney General for
relief from that denial or revocation.
``(B) Relief.--The Attorney General may grant
relief to an applicant under subparagraph (A), if the
applicant establishes to the satisfaction of the
Attorney General that the circumstances relating to the
denial or revocation, and the criminal record and
personal reputation of the applicant, are such that--
``(i) the applicant will not be likely to
act in a manner dangerous to public safety; and
``(ii) relief under this subparagraph would
not be contrary to the public interest.
``(C) Notice in the federal register.--If the
Attorney General grants relief under subparagraph (B),
the Attorney General shall promptly publish in the
Federal Register a notice--
``(i) that the relief was granted; and
``(ii) that describes the reasons for
granting the relief.
``(2) Appeal.--
``(A) In general.--An applicant who is denied
relief under paragraph (1)(B) may file a petition for
judicial review of the denial with the district court
of the United States for the district in which the
applicant resides.
``(B) Hearing.--A court that receives a petition
under subparagraph (A) shall hold a hearing to
determine whether to grant the petitioner relief
described in paragraph (1)(A) not later than 72 hours
after the petitioner files the petition.
``(C) Notice and opportunity to be heard.--
``(i) In general.--The court shall provide
the petitioner with notice and the opportunity
to be heard at a hearing under this paragraph,
sufficient to protect the due process rights of
the petitioner.
``(ii) Right to counsel.--
``(I) In general.--At a hearing
under this paragraph, the petitioner
may be represented by counsel who is--
``(aa) chosen by the
petitioner; and
``(bb) authorized to
practice at such a hearing.
``(II) Court-provided counsel.--If
the petitioner is financially unable to
obtain representation by counsel, the
court, at the request of the
petitioner, shall ensure to the extent
practicable that the petitioner is
represented by an attorney for the
Legal Services Corporation with respect
to the petition.
``(D) Burden of proof; standard.--At a hearing
under this paragraph, the Attorney General--
``(i) shall have the burden of proving all
material facts; and
``(ii) shall be required to demonstrate, by
clear and convincing evidence, that the
petitioner is prohibited under section
923(m)(3)(A) from receiving a firearm owner
license.''.
TITLE II--RECORD OF SALE OR TRANSFER
SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALIFYING FIREARMS.
Section 922 of title 18, United States Code, as amended by section
101 of this Act, is amended by adding at the end the following:
``(cc) Unauthorized Sale or Transfer of a Qualifying Firearm.--It
shall be unlawful for any person to sell, deliver, or otherwise
transfer a qualifying firearm to, or for, any person who is not a
licensed importer, licensed manufacturer, licensed dealer, or licensed
collector, or to receive a qualifying firearm from a person who is not
a licensed importer, licensed manufacturer, licensed dealer, or
licensed collector, unless, at the time and place of the transfer or
receipt--
``(1) the transferee presents to a licensed dealer a valid
firearm owner license issued to the transferee--
``(A) under section 923(m); or
``(B) pursuant to a State firearm licensing system
certified under section 933 established by the State in
which the transfer or receipt occurs;
``(2) the licensed dealer contacts the Attorney General or
the head of the State agency that administers the certified
system described in paragraph (1)(B), as applicable, and
receives notice that the transferee has been issued a firearm
owner license described in paragraph (1) and that the firearm
owner license remains valid; and
``(3) the licensed dealer records on a document (which, in
the case of a sale, shall be the sales receipt) a tracking
authorization number provided by the Attorney General or the
head of the State agency, as applicable, as evidence that the
licensed dealer has verified the validity of the firearm owner
license.''.
SEC. 202. FIREARM RECORDS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Firearm records
``(a) Submission of Sale or Transfer Reports.--
``(1) In general.--Not later than 14 days after the date on
which the transfer of a qualifying firearm is processed by a
licensed dealer under section 922(cc), the licensed dealer
shall submit to the Attorney General (or, in the case of a
licensed dealer located in a State that has a State firearm
licensing and record of sale system certified under section
933, to the head of the State agency that administers that
system) a report of that transfer, which shall include
information relating to--
``(A) the manufacturer of the qualifying firearm;
``(B) the model name or number of the qualifying
firearm;
``(C) the serial number of the qualifying firearm;
``(D) the date on which the qualifying firearm was
received by the transferee;
``(E) the number of the valid firearm owner license
issued to the transferee--
``(i) under section 923(m); or
``(ii) in accordance with a State firearm
licensing system certified under section 933
established by the State in which the transfer
or receipt occurs; and
``(F) the name and address of the individual who
transferred the firearm to the transferee.
``(2) Effective date.--This subsection shall take effect on
the date that is 1 year after the date of enactment of the
Blair Holt Firearm Owner Licensing and Record of Sale Act of
2022.
``(b) Federal Record of Sale System.--Not later than 270 days after
the date of enactment of the Blair Holt Firearm Owner Licensing and
Record of Sale Act of 2022, the Attorney General shall establish and
maintain a Federal record of sale system, which shall include the
information included in each report submitted to the Attorney General
under subsection (a).''.
(b) Elimination of Prohibition on Establishment of System of
Registration.--Section 926(a) of title 18, United States Code, is
amended by striking the second sentence.
(c) Clerical Amendment.--The table of sections for chapter 44 of
title 18, United States Code, is amended by adding at the end the
following:
``932. Firearm records.''.
TITLE III--ADDITIONAL PROHIBITIONS
SEC. 301. FIREARMS TRANSFERS.
(a) In General.--Section 922 of title 18, United States Code, as
amended by sections 101 and 201 of this Act, is amended by adding at
the end the following:
``(dd) Firearms Transfers.--
``(1) In general.--
``(A) Prohibition.--It shall be unlawful for any
person who is not a licensed importer, licensed
manufacturer, or licensed dealer to transfer a firearm
to any other person who is not so licensed, unless a
licensed importer, licensed manufacturer, or licensed
dealer has first taken possession of the firearm for
the purpose of complying with subsection (t).
``(B) Compliance.--Upon taking possession of a
firearm under subparagraph (A), a licensee shall comply
with all requirements of this chapter as if the
licensee were transferring the firearm from the
inventory of the licensee to the unlicensed transferee.
``(C) Return of firearms.--If a transfer of a
firearm described in subparagraph (A) will not be
completed for any reason after a licensee takes
possession of the firearm (including because the
transfer of the firearm to, or receipt of the firearm
by, the transferee would violate this chapter), the
return of the firearm to the transferor by the licensee
shall not constitute the transfer of a firearm for
purposes of this chapter.
``(2) Exceptions.--Paragraph (1) shall not apply to--
``(A) a law enforcement agency or any law
enforcement officer, armed private security
professional, or member of the Armed Forces, to the
extent the officer, professional, or member is acting
within the course and scope of employment and official
duties;
``(B) a transfer that is a loan or bona fide gift
between--
``(i) spouses;
``(ii) domestic partners;
``(iii) parents and their children,
including step-parents and their step-children;
``(iv) siblings;
``(v) aunts or uncles and their nieces or
nephews; or
``(vi) grandparents and their
grandchildren;
``(C) a transfer to an executor, administrator,
trustee, or personal representative of an estate or a
trust that occurs by operation of law upon the death of
another person;
``(D) a temporary transfer that is necessary to
prevent imminent death or great bodily harm, including
harm to self, family, household members, or others, if
the possession by the transferee lasts only as long as
immediately necessary to prevent the imminent death or
great bodily harm, including the harm of domestic
violence, dating partner violence, sexual assault,
stalking, and domestic abuse;
``(E) a transfer that is approved by the Attorney
General under section 5812 of the Internal Revenue Code
of 1986; or
``(F) a temporary transfer if--
``(i) the transferor has no reason to
believe that the transferee--
``(I) will use or intends to use
the firearm in a crime; or
``(II) is prohibited from
possessing a firearm under State or
Federal law; and
``(ii) the transfer takes place and the
possession of the firearm by the transferee is
exclusively--
``(I) at a shooting range or in a
shooting gallery or other area
designated for the purpose of target
shooting;
``(II) reasonably necessary for the
purposes of hunting, trapping, or
fishing, if the transferor--
``(aa) has no reason to
believe that the transferee
intends to use the firearm in a
place where it is illegal; and
``(bb) has reason to
believe that the transferee
will comply with all licensing
and permit requirements for
such hunting, trapping, or
fishing; or
``(III) in the presence of the
transferor.
``(3) Notice.--It shall be unlawful for a licensed
importer, licensed manufacturer, or licensed dealer to transfer
possession of, or title to, a firearm to another person who is
not so licensed unless--
``(A) the importer, manufacturer, or dealer
provides the person with notice of the prohibition
under paragraph (1); and
``(B) the other person certifies that the importer,
manufacturer, or dealer provided the person notice of
the prohibition under paragraph (1) on a form
prescribed by the Attorney General.''.
(b) Amendment.--Section 924(a)(5) of title 18, United States Code,
is amended by striking ``(s) or (t)'' and inserting ``(s), (t), or
(dd)''.
(c) Rules of Interpretation.--Nothing in this section, or any
amendment made by this section, shall be construed to authorize the
establishment, directly or indirectly, of a national firearms registry.
SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION OF RECORDS.
Section 922 of title 18, United States Code, as amended by sections
101, 201, and 301 of this Act, is amended by adding at the end the
following:
``(ee) Failure To Maintain or Permit Inspection of Records.--It
shall be unlawful for a licensed manufacturer or a licensed dealer to
fail to comply with section 932, or to fail to maintain such records or
supply such information as the Attorney General may require in order to
ascertain compliance with that section and the regulations and orders
issued under that section.''.
SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIREARM.
Section 922 of title 18, United States Code, as amended by sections
101, 201, 301, and 302 of this Act, is amended by adding at the end the
following:
``(ff) Failure To Report Loss or Theft of Firearms.--It shall be
unlawful for any person who owns a qualifying firearm to fail to report
the loss or theft of the firearm to the Attorney General within 72
hours after the loss or theft is discovered by the person who owns the
qualifying firearm.''.
SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF ADDRESS.
Section 922 of title 18, United States Code, as amended by sections
101, 201, 301, 302, and 303 of this Act, is amended by adding at the
end the following:
``(gg) Failure To Provide Notice of Change of Address.--It shall be
unlawful for any individual to whom a firearm owner license has been
issued under section 923(m) to fail to report to the Attorney General a
change in the address of that individual within 60 days of that change
of address.''.
SEC. 305. CHILD ACCESS PREVENTION.
Section 922 of title 18, United States Code, as amended by sections
101, 201, 301, 302, 303, and 304 of this Act, is amended by adding at
the end the following:
``(hh) Child Access Prevention.--
``(1) Definition of child.--In this subsection, the term
`child' means an individual who has not attained 18 years of
age.
``(2) Prohibition and penalties.--Except as provided in
paragraph (3), it shall be unlawful for any person to keep a
loaded firearm, or an unloaded firearm and ammunition for the
firearm, any one of which has been shipped or transported in
interstate or foreign commerce, within any premises that is
under the custody or control of that person, if--
``(A) that person--
``(i) knows, or recklessly disregards the
risk, that a child is capable of gaining access
to the firearm; and
``(ii) either--
``(I) knows, or recklessly
disregards the risk, that a child will
use the firearm to cause the death of,
or serious bodily injury (as defined in
section 1365) to, the child or any
other individual; or
``(II) knows, or reasonably should
know, that possession of the firearm by
a child is unlawful under Federal or
State law; and
``(B) a child uses the firearm and the use of that
firearm causes the death of, or serious bodily injury
to, the child or any other individual.
``(3) Exceptions.--Paragraph (2) shall not apply if--
``(A) at the time the child obtained access, the
firearm was secured with a secure gun storage or safety
device;
``(B) the person is a peace officer, a member of
the Armed Forces, or a member of the National Guard,
and the child obtains the firearm during, or incidental
to, the performance of the official duties of the
person in that capacity;
``(C) the child uses the firearm in a lawful act of
self-defense or defense of 1 or more other persons; or
``(D) the person has no reasonable expectation,
based on objective facts and circumstances, that a
child is likely to be present on the premises on which
the firearm is kept.''.
TITLE IV--ENFORCEMENT
SEC. 401. CRIMINAL PENALTIES.
(a) Failure To Possess Firearm Owner License; Failure To Comply
With Denial and Revocation Requirements; Failure To Comply With
Qualifying Firearm Sale or Transfer Requirements; Failure To Maintain
or Permit Inspection of Records.--Section 924(a) of title 18, United
States Code, is amended by adding at the end the following:
``(8) Whoever knowingly violates subsection (aa), (bb), (cc), or
(ee) of section 922 shall be fined under this title, imprisoned not
more than 10 years, or both.''.
(b) Failure To Comply With Firearms Transfer Requirements; Failure
To Timely Report Loss or Theft of a Qualifying Firearm; Failure To
Provide Notice of Change of Address.--Section 924(a)(5) of title 18,
United States Code, is amended by striking ``(s) or (t)'' and inserting
``(t), (dd), (ff), or (gg)''.
(c) Child Access Prevention.--Section 924(a) of title 18, United
States Code, as amended by subsection (a) of this section, is amended
by adding at the end the following:
``(9) Whoever violates section 922(hh) shall be fined under this
title, imprisoned not more than 5 years, or both.''.
SEC. 402. REGULATIONS.
(a) In General.--The Attorney General shall issue regulations
governing the licensing of possessors of qualifying firearms and the
recorded sale of qualifying firearms, consistent with this Act and the
amendments made by this Act, as the Attorney General determines to be
reasonably necessary to--
(1) reduce or prevent deaths or injuries resulting from
qualifying firearms; and
(2) assist law enforcement in the apprehension of owners or
users of qualifying firearms used in criminal activity.
(b) Maximum Interval Between Issuance of Proposed and Final
Regulation.--Not later than 120 days after the date on which the
Attorney General issues a proposed regulation under subsection (a) with
respect to a matter, the Attorney General shall issue a final
regulation with respect to the matter.
SEC. 403. INSPECTIONS.
In order to determine compliance with this Act, the amendments made
by this Act, and the regulations and orders issued under this Act, the
Attorney General may, during regular business hours, enter any place in
which firearms or firearm products are manufactured, stored, or held,
for distribution in commerce, and inspect those areas where the
products are manufactured, stored, or held.
SEC. 404. ORDERS.
The Attorney General may issue an order prohibiting the sale or
transfer of any firearm that the Attorney General finds has been
transferred or distributed in violation of this Act, an amendment made
by this Act, or a regulation issued under this Act.
SEC. 405. INJUNCTIVE ENFORCEMENT.
The Attorney General may bring an action to restrain any violation
of this Act or an amendment made by this Act in the district court of
the United States for any district in which--
(1) the violation occurs; or
(2) the defendant is found or transacts business.
TITLE V--FIREARM INJURY INFORMATION AND RESEARCH
SEC. 501. DUTIES OF THE ATTORNEY GENERAL.
(a) In General.--The Attorney General shall--
(1) establish and maintain a firearm injury information
clearinghouse to collect, investigate, analyze, and disseminate
data and information relating to the causes and prevention of
death and injury associated with firearms;
(2) conduct continuing studies and investigations of
firearm-related deaths and injuries;
(3) collect and maintain current production and sales
figures for each licensed manufacturer; and
(4) conduct a study on the efficacy of firearms that
incorporate technology that prevents the use of those firearms
by unauthorized users (commonly known as ``smart guns''), in
the prevention of unintended firearm deaths.
(b) Availability of Information.--Periodically, but not less
frequently than annually, the Attorney General shall submit to Congress
and make available to the public a report on the activities and
findings of the Attorney General under subsection (a).
TITLE VI--EFFECT ON STATE LAW
SEC. 601. EFFECT ON STATE LAW.
(a) In General.--This Act and the amendments made by this Act may
not be construed to preempt any provision of the law of any State or
political subdivision of that State, or prevent a State or political
subdivision of that State from enacting any provision of law regulating
or prohibiting conduct with respect to firearms, except to the extent
that the provision of law is inconsistent with any provision of this
Act or an amendment made by this Act, and then only to the extent of
the inconsistency.
(b) Rule of Interpretation.--A provision of State law is not
inconsistent with this Act or an amendment made by this Act if the
provision imposes a regulation or prohibition of greater scope or a
penalty of greater severity than a corresponding prohibition or penalty
imposed by this Act or an amendment made by this Act.
SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING SYSTEMS AND STATE
FIREARM RECORD OF SALE SYSTEMS.
(a) In General.--Chapter 44 of title 18, United States Code, as
amended by section 202 of this Act, is amended by adding at the end the
following:
``Sec. 933. Certification of State firearm licensing systems and State
firearm record of sale systems
``Upon a written request of the chief executive officer of a State,
the Attorney General may certify--
``(1) a firearm licensing system established by a State, if
State law requires the system to satisfy the requirements
applicable to the Federal firearm licensing system established
under section 923(m); and
``(2) a firearm record of sale system established by a
State, if State law requires the head of the State agency that
administers the system to submit to the Federal firearm record
of sale system established under section 932(b) a copy of each
report submitted to the head of the agency under section
932(a)(1), not later than 7 days after receipt of the
report.''.
(b) Clerical Amendment.--The table of sections for chapter 44 of
title 18, United States Code, as amended by section 202 of this Act, is
amended by adding at the end the following:
``933. Certification of State firearm licensing systems and State
firearm record of sale systems.''.
TITLE VII--RELATIONSHIP TO OTHER LAW
SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.
In the event of any conflict between any provision of this Act or
an amendment made by this Act, and any provision of the Arms Export
Control Act (22 U.S.C. 2751 et seq.), the provision of the Arms Export
Control Act shall control.
TITLE VIII--INAPPLICABILITY
SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.
This Act and the amendments made by this Act shall not apply to any
department or agency of the United States, of a State, or of a
political subdivision of a State, or to any official conduct of any
officer or employee of such a department or agency.
TITLE IX--EFFECTIVE DATES OF AMENDMENTS
SEC. 901. EFFECTIVE DATES OF AMENDMENTS.
(a) In General.--Except as provided in subsections (b) and (c), the
amendments made by this Act shall take effect 1 year after the date of
enactment of this Act.
(b) Firearm Records.--The amendments made by section 202 shall take
effect on the date of enactment of this Act, except as otherwise
provided in the amendments made by that section.
(c) Firearm Transactions.--The amendments made by subsections (a)
and (b) of section 301 shall take effect 180 days after the date of
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line