Kimberly Vaughan Firearm Safe Storage Act
This bill directs the Department of Justice (DOJ) to establish voluntary best practices for safe firearm storage solely for the purpose of public education. DOJ must give at least 90 days public notice and afford an opportunity for a hearing before establishing such best practices.
The bill authorizes DOJ to award grants for the development, implementation, and evaluation of Safe Firearm Storage Assistance Programs.
The bill also provides for a new tax credit through 2030 for 10% of amounts received from the retail sale of a safe firearm storage device for use in the United States.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 52 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 52
To make unlawful the sale of any firearm by a licensed manufacturer,
licensed importer, or licensed dealer without a written notice
promoting safe storage and a safe storage device, to create and
disseminate best practices regarding safe firearm storage, to create a
grant program for the distribution of safe storage devices, and to
amend the Internal Revenue Code of 1986 to allow for a credit against
tax for sales at retail of safe firearm storage devices, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Ms. Jackson Lee introduced the following bill; which was referred to
the Committee on the Judiciary, and in addition to the Committee on
Ways and Means, 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 make unlawful the sale of any firearm by a licensed manufacturer,
licensed importer, or licensed dealer without a written notice
promoting safe storage and a safe storage device, to create and
disseminate best practices regarding safe firearm storage, to create a
grant program for the distribution of safe storage devices, and to
amend the Internal Revenue Code of 1986 to allow for a credit against
tax for sales at retail of safe firearm storage devices, 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 ``Kimberly Vaughan Firearm Safe
Storage Act''.
SEC. 2. BEST PRACTICES FOR SAFE FIREARM STORAGE.
(a) Establishment.--
(1) In general.--
(A) Not later than 180 days after the enactment of
this Act, the Attorney General shall establish
voluntary best practices relating to safe firearm
storage solely for the purpose of public education.
(B) The Attorney General shall give not less than
ninety days public notice, and shall afford interested
parties opportunity for hearing, before establishing
such best practices.
(2) Requirements.--In establishing the best practices
required under paragraph (1), the Attorney General shall
outline such best practices for preventing firearm loss, theft,
and other unauthorized access for the following locations:
(A) Businesses.
(B) Vehicles.
(C) Private homes.
(D) Off-site storage facilities.
(E) Any other such place the Attorney General deems
appropriate to provide such guidance.
(3) Publication.--Not later than 1 year after the enactment
of this Act, the Attorney General shall publish, in print and
on a public website, the best practices created pursuant to
paragraph (1) and shall review such best practices and update
them not less than annually.
SEC. 3. PROMOTION OF SAFE FIREARM STORAGE.
(a) In General.--Section 923 of title 18, United States Code, is
amended by adding at the end the following:
``(m) Beginning on January 1, 2025, licensed manufacturers and
licensed importers that serialize not less than 250 firearms annually
pursuant to subsection (i) shall provide a clear and conspicuous
written notice with each manufactured or imported handgun, rifle, or
shotgun that--
``(1) is attached or adhered to, or appears on or within
any packaging of, each handgun, rifle, or shotgun; and
``(2) states `SAFE STORAGE SAVES LIVES' followed by the
address of the public website established by the Attorney
General pursuant to section 2 of the Kimberly Vaughan Firearm
Safe Storage Act.''.
SEC. 4. SAFE STORAGE DEVICES FOR ALL FIREARM SALES.
(a) In General.--Section 922(z) of title 18, United States Code, is
amended by striking ``handgun'' each place it appears and inserting
``handgun, rifle, or shotgun''.
(b) Effective Date.--This section and the amendments made by this
section shall take effect on the date that is 180 days after the
enactment of this Act.
SEC. 5. SAFE FIREARM STORAGE GRANT PROGRAM.
(a) In General.--The Attorney General may award grants to States
and Indian Tribes for the development, implementation, and evaluation
of Safe Firearm Storage Assistance Programs.
(b) Definitions.--For purposes of this section:
(1) The term ``safe firearm storage device'' means a device
that is--
(A) designed and marketed for the principal purpose
of denying unauthorized access to, or rendering
inoperable, a firearm or ammunition; and
(B) secured by a combination lock, key lock, or
lock based on biometric information which, once locked,
is incapable of being opened without the combination,
key, or biometric information, respectively.
(2) The term ``Safe Firearm Storage Assistance Program''
means a program--
(A) carried out by a unit of local government or an
Indian tribe; and
(B) solely for the purpose of acquiring and
distributing safe firearm storage devices to the
public.
(c) Application Requirements.--Each applicant for a grant under
this section shall--
(1) submit to the Attorney General an application at such
time, in such a manner, and containing such information as the
Attorney General may require; and
(2) to the extent practicable, identify State, local,
Tribal, and private funds available to supplement the funds
received under this section.
(d) Reporting Requirement.--
(1) Grantee report.--A recipient of a grant under this
section shall submit to the Attorney General an annual report,
which includes the following information:
(A) The amount distributed to each Safe Firearm
Storage Assistance Program in the jurisdiction.
(B) The number of safe firearm storage devices
distributed by each such Safe Firearm Storage Assitance
Program.
A recipient of a grant under this section may not include any
personally identifying information of recipients of safe
firearms storage devices pursuant to a Safe Firearm Storage
Assistance Program that received funding pursuant to this
section.
(2) Attorney general report.--Beginning 13 months after the
first grants are awarded under this section, and annually
thereafter, the Attorney General shall submit to Congress a
report, which shall include the following information:
(A) A list of grant recipients during the previous
year, including the funds awarded, cumulatively and
disaggregated by grantee.
(B) The information collected pursuant to
subsection (d)(1).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Attorney General to carry out this section
$10,000,000 for each of fiscal years 2023 through 2033, to remain
available until expended.
(f) Use of Funds.--Funds awarded under this section shall be
allocated as follows:
(1) Not less than 75 percent of the funds received by a
grantee shall be used to create or to provide resources for
Safe Firearm Storage Assistance Programs in the jurisdiction.
(2) Not more than 25 percent of the funds received by a
grantee may be made available to nonprofit organizations to
partner with units of local government to purchase and
distribute safe firearm storage devices.
SEC. 6. PREVENT FAMILY FIRE SAFE FIREARM STORAGE CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45U. SAFE FIREARM STORAGE CREDIT.
``(a) Allowance of Credit.--For purposes of section 38, the safe
firearm storage credit determined under this section for the taxable
year is an amount equal to 10 percent of amounts received from the
first retail sale of a safe firearm storage device for use within the
United States.
``(b) Limitation.--
``(1) In general.--The amount taken into account under
subsection (a) with respect to a safe firearm storage device
shall not exceed $400.
``(2) Value.--If, in connection with a sale of a safe
firearm storage device, the transferee receives other property,
the amount taken into account under subsection (a) shall be
limited to the amount received solely with respect to the safe
firearm storage device, which shall be determined based on the
value of the safe firearm storage device relative to the value
of such other property.
``(c) Safe Firearm Storage Device.--For purposes of this section--
``(1) In general.--The term `safe firearm storage device'
means a device that is--
``(A) designed and marketed for the principal
purpose of denying unauthorized access to, or rendering
inoperable, a firearm or ammunition, and
``(B) secured by a combination lock, key lock, or
lock based on biometric information which, once locked,
is incapable of being opened without the combination,
key, or biometric information, respectively.
``(2) Exclusion.--The term `safe firearm storage device'
does not include--
``(A) any device which is incorporated to any
extent into the design of a firearm or of ammunition,
or
``(B) any device that, as of the day of the sale
described in subsection (a), has been subject to a
mandatory recall by the Consumer Product Safety
Commission.
``(3) Firearm; ammunition.--The terms `firearm' and
`ammunition' have the meanings given such terms in section 921
of title 18, United States Code (without regard to all that
follows `firearm silencer ' in paragraph (3) of such section).
``(d) Termination.--This section shall not apply to sales after
December 31, 2030.''.
(b) Credit Made Part of General Business.--Subsection (b) of
section 38 of the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (32), by striking the period at the
end of paragraph (33) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(34) the safe firearm storage credit determined under
section 45U.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45U. Safe firearm storage credit.''.
(d) Report.--The Secretary of the Treasury shall make publicly
available an annual report of the total amount of credit against tax
determined under section 45U of such Code for taxable years ending in
the preceding calendar year, disaggregated by State.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
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 Committee on the Judiciary, and in addition to the Committee on Ways and Means, 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 Ways and Means, 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.
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