No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8763 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8763
To provide grants to States to encourage the implementation and
maintenance of firearms licensing requirements, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 14, 2024
Ms. Pressley introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide grants to States to encourage the implementation and
maintenance of firearms licensing requirements, 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 ``Making America Safe and Secure Act
of 2024'' or the ``MASS Act of 2024''.
SEC. 2. FIREARMS LICENSING.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at
the end the following:
``PART PP--FIREARMS LICENSING
``SEC. 3061. DEFINITIONS.
``(a) In General.--In this part--
``(1) the term `covered license' means a--
``(A) firearms license; or
``(B) firearms dealer license;
``(2) the term `domestic violence protection order' means a
protection order, as defined in section 2266 of title 18,
United States Code;
``(3) the term `extreme risk protection order'--
``(A) means a written order, issued by a State
court or signed by a magistrate that, for a period not
to exceed a time frame established by the State--
``(i) prohibits the individual named in the
order from having under the custody or control
of the individual, purchasing, possessing, or
receiving a firearm or ammunition; and
``(ii) requires that any firearm or
ammunition under the custody or control of the
individual be removed; and
``(B) does not include a domestic violence
protection order;
``(4) the term `prohibited individual' means an individual
who is categorically ineligible to receive a covered license;
``(5) the term `suitable' means that an individual does not
create a risk to public safety; and
``(6) the term `thorough background check' means a Federal
and State background check, which may include a fingerprint-
based background check.
``(b) Prohibited Individuals.--For purposes of this part, a State--
``(1) shall establish standards for categorizing an
individual as a prohibited individual for purposes of receiving
a covered license; and
``(2) in establishing standards with respect to a covered
license under paragraph (1), shall take into consideration
whether limitations may be warranted based on--
``(A) criminal history;
``(B) whether an individual has been--
``(i) deemed a danger to himself or herself
or other individuals by a court or authorized
administrative body; or
``(ii) committed to a hospital or
institution as a danger to himself or herself
or other individuals;
``(C) age;
``(D) legal residency;
``(E) military dishonorable discharges;
``(F) whether an individual--
``(i) is subject to a permanent or
temporary protection order; or
``(ii) has been convicted of a misdemeanor
crime of domestic violence (as defined in
section 921 of title 18, United States Code);
``(G) outstanding arrest warrants;
``(H) status as a fugitive;
``(I) renunciation of United States citizenship;
and
``(J) other factors relevant to the suitability of
a license holder.
``SEC. 3062. GRANTS AND CONDITIONS.
``(a) Grants Authorized.--The Assistant Attorney General may make
grants to States to implement or maintain firearms and firearms dealer
licensing requirements.
``(b) Duration of Grants.--A grant under subsection (a) shall be
for a period of 3 fiscal years.
``(c) Use of Funds for Firearms and Firearms Dealer Licensing.--
``(1) Activities.--Amounts received under a grant under
subsection (a) shall be used for the implementation or
maintenance of firearms and firearms dealer licensing
requirements, which shall incorporate and implement the
elements described in paragraph (2) of this subsection.
``(2) Elements.--The elements described in this paragraph
are those providing that--
``(A) an individual shall have a firearms license--
``(i) at the time of the purchase, rental,
or lease of a firearm or purchase of
ammunition; and
``(ii) during the entire period of
ownership or possession of a firearm or
ammunition;
``(B)(i) an individual who (including the owner or
operator of a business that) sells, rents, or leases a
minimum number of firearms, or sells ammunition, during
a calendar year shall obtain a firearms dealer license;
and
``(ii) the State shall establish the minimum number
of firearms for purposes of clause (i), which may not
be higher than 10 per calendar year;
``(C) the chief of police or the board or officer
having control of the police department of a local
government, or a designee within the same department,
shall function as the licensing authority;
``(D) for an application for issuance or renewal of
a firearms license, the licensing authority shall--
``(i) conduct a thorough background check,
which may include--
``(I) conducting an interview with
the applicant;
``(II) requiring the submission of
letters of reference stating that the
applicant is of sound mind and
character; and
``(III) any other requirements the
State determines relevant; and
``(ii) make a determination of suitability;
``(E) a first-time firearms license applicant shall
complete safety training;
``(F) for an application for issuance or renewal of
a firearms dealer license, the licensing authority
shall conduct an investigation into the criminal
history of the applicant, which may include--
``(i) an interview with the applicant;
``(ii) a thorough background check; and
``(iii) any other requirements the State
determines relevant;
``(G) the State shall establish appropriate
application processes for covered licenses consistent
with Federal, State, and local law;
``(H) the State shall establish standards and
processes by which licensing authorities can revoke,
suspend, or deny the issuance or renewal of a covered
license;
``(I) the State shall ensure that a revocation,
suspension, or denial cannot be based on race, color,
ethnicity, religion, sex, sexual orientation, or gender
identity;
``(J) the State shall establish judicial review
processes by which any applicant for or holder of a
covered license may, within a reasonable time period,
petition to obtain judicial review of a revocation,
suspension, or denial of the issuance or renewal of a
covered license;
``(K) the State shall establish--
``(i) standards and a process under which a
family member of an individual who the family
member fears is a danger to himself, herself,
or others may petition for an extreme risk
protection order; and
``(ii) standards for the termination or
extension of an order described in clause (i);
``(L) the State shall establish processes under
which--
``(i) an individual whose covered license
is revoked or suspended, or whose application
for issuance or renewal of a covered license is
denied, shall surrender or transfer all
firearms and ammunition that are or would have
been covered by the license; and
``(ii) an individual who is subject to an
extreme risk protection order or domestic
violence protection order shall surrender or
transfer all firearms and ammunition in the
possession of the individual;
``(M) the State shall establish requirements with
which a firearms dealer licensee must comply, which--
``(i) shall include requirements relating
to--
``(I) the location at which the
licensee conducts firearm or ammunition
transactions;
``(II) the manner in which the
licensee records firearm or ammunition
transactions;
``(III) background checks for
employees of the licensee; and
``(IV) any other matter that the
State determines appropriate; and
``(ii) may include requirements that a
licensee--
``(I) maintain a permanent place of
business--
``(aa) that is not a
residence; and
``(bb) at which the
licensee conducts all firearms
or ammunition transactions;
``(II) submit to mandatory record
and inventory inspections by a
licensing authority;
``(III) maintain a sales record
book at the permanent place of business
described in subclause (I) in
accordance with standards established
by the State;
``(IV) conduct a pre-employment
background check on each potential
employee to determine the suitability
of any potential employee who may have
direct and unmonitored contact with a
firearm or ammunition; and
``(V) take any other action that
the State determines appropriate;
``(N) the State shall promulgate rules and
regulations to ensure the prompt collection, exchange,
dissemination, and distribution of information
pertaining to the issuance, renewal, expiration,
suspension, or revocation of a covered license;
``(O) the State shall establish standards that are
consistent with Federal and State law--
``(i) governing the transfer of a firearm
or ammunition; and
``(ii) for identifying a prohibited
individual, in accordance with section 3061(b);
``(P) the State shall promulgate rules and
regulations that require a dealer or private seller of
firearms or ammunition to verify the validity of a
firearms license before the sale, rental, or lease of
any firearm or the sale of any ammunition;
``(Q) a dealer or private seller of firearms or
ammunition shall report all sales, rentals, and leases
of firearms, and sales of ammunition, to State
authorities;
``(R) a dealer of firearms or ammunition shall
notify the licensing authority when presented with an
invalid or expired firearms license;
``(S) any firearms licensee whose firearm or
ammunition is lost or stolen shall report the loss or
theft to the licensing authority and State authorities
within a reasonable time frame and in a manner
established by the State;
``(T) an individual holding a firearms license or
firearms dealer license shall renew the license on a
time frame established by the State;
``(U) an individual may not use the firearms
license of the individual to purchase a firearm or
ammunition for--
``(i) the unlawful use of the firearm or
ammunition by another individual; or
``(ii) the resale or other transfer of the
firearm or ammunition to an unlicensed
individual; and
``(V)(i) it shall be unlawful to store or keep a
firearm in any place unless the firearm is secured in a
locked container or equipped with a tamper-resistant
mechanical lock or other safety device, properly
engaged so as to render the firearm inoperable by any
individual other than the owner or other lawfully
authorized user; and
``(ii) for purposes of clause (i), a firearm shall
not be considered to be stored or kept if carried by or
under the control of the owner or other lawfully
authorized user.
``(3) Separate Ammunition Dealer License Permitted.--A State that
requires a license for dealing ammunition that is separate from a
license for dealing firearms shall be deemed to have satisfied the
requirements under paragraph (2) relating to a firearms dealer license,
as that license relates to the dealing of ammunition, if the State
imposes the same requirements for an ammunition dealer license as are
mandated under paragraph (2) for a firearms dealer license, as that
license relates to the dealing of ammunition.
``(d) Application.--To be eligible to receive a grant under
subsection (a), a State shall submit to the Assistant Attorney General
an application at such time, in such manner, and containing such
information as the Assistant Attorney General may require, including a
description of how the State will use the grant to implement or
maintain firearms and firearms dealer licensing requirements that
include the elements described in subsection (c)(2).
``(e) Annual Report.--Each State receiving a grant under subsection
(a) shall submit to the Assistant Attorney General, for each fiscal
year during which the State expends amounts received under the grant, a
report, at such time and in such manner as the Assistant Attorney
General may reasonably require, that contains--
``(1) a summary of the activities carried out using amounts
made available under the grant;
``(2) an assessment of whether the activities are achieving
the elements described in subsection (c)(2); and
``(3) such other information as the Assistant Attorney
General may require.
``(f) Limitations on the Allocation of Funds.--Not more than 2
percent of the amount made available to carry out this section in any
fiscal year may be used by the Assistant Attorney General for salaries
and administrative expenses.
``(g) Reallocation of Appropriations.--A recipient of a grant under
subsection (a) shall return to the Assistant Attorney General any
amounts received under the grant that are not expended for a purpose
described in this section.''.
(b) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)) is amended by adding at the end the following:
``(29) There are authorized to be appropriated such sums as may be
necessary to carry out part PP.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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