[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3212 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3212
To repeal each gun control measure enacted by the 117th Congress, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2023
Mrs. Boebert (for herself, Mrs. Miller of Illinois, Mr. Nehls, Mr.
Norman, Mr. Ogles, Mr. Donalds, Mr. Gosar, Mr. Duncan, Mr. Davidson,
Mrs. Harshbarger, Mr. Brecheen, Mr. Bishop of North Carolina, Mr.
Rosendale, and Mr. Weber of Texas) introduced the following bill; which
was referred to the Committee on the Judiciary, and in addition to the
Committees on Education and the Workforce, Armed Services, Veterans'
Affairs, Energy and Commerce, and Appropriations, 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 repeal each gun control measure enacted by the 117th Congress, 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.
(a) Short Title.--This Act may be cited as the ``Shall Not Be
Infringed Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Repealing gun control appropriations for fiscal year 2023 and
other provisions.
Sec. 3. Repeal of the unconstitutional compromise by Senators Cornyn
and Murphy.
Sec. 4. Repeal of the NICS Denial Notification Act of 2022.
Sec. 5. Repeal of special assistant U.S. Attorneys and cross-deputized
attorneys enforcing Federal gun control
laws.
Sec. 6. Repeal of unconstitutional pilot program on safe storage of
personally owned firearms.
SEC. 2. REPEALING GUN CONTROL APPROPRIATIONS FOR FISCAL YEAR 2023 AND
OTHER PROVISIONS.
(a) Eliminating ATF Budget Increase.--Of the unobligated balances
of the amounts made available under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' under title II of division B of Public Law 117-328,
$140,929,000 is rescinded.
(b) Preventing Gun Registry Expansion.--No funds made available to
the Bureau of Alcohol, Tobacco, Firearms and Explosives under Public
Law 117-328, or any other Act, may be used to consolidate firearms
tracing applications through an eTrace modernization effort with
enhanced data sharing capabilities.
(c) Protecting Veterans From Gun Confiscation.--No Federal funds,
including amounts made available for medical centers of the Department
of Veterans Affairs, may be used on programs or protocols on firearm
safety and storage or gun confiscation laws (also known as ``extreme
risk protection'' orders and ``red flag'' laws) or similar gun safety
laws including by collaboration with State or local law enforcement or
health officials of any State.
(d) Protecting Veterans Access to Firearms.--No Federal funds,
including amounts made available for the Department of Veterans
Affairs, may used to evaluate or implement a firearm storage program
for firearms, including any program under which individuals will be
asked how they store their firearms.
(e) Preventing the Department of Education From Violating the
Privacy of Gun Owning Parents.--The Department of Education shall cease
any program related to secure firearm storage, including any efforts by
the Department of Education to offer support to Federal agencies that
are leading efforts relating to secure household firearm storage.
(f) Preventing HHS From Implementing Gun Confiscation Policies or
Promoting Reduced Access to the Second Amendment.--The Secretary of
Health and Human Services--
(1) shall immediately cease carrying out any program
relating to access to firearms, including any program carried
out by the Substance Abuse and Mental Health Services
Administration that limits, or promotes limited access to,
firearms; and
(2) shall not establish, promote, maintain, or receive gun
storage maps for any purpose, such as to facilitate out-of-home
firearm storage or encourage the creation or use of gun
confiscation laws, also known as ``red flag'' orders or
``extreme risk'' laws.
(g) Reducing ATF Benefits.--Section 3201 of the Crime Control Act
of 1990 (28 U.S.C. 509 note) is amended--
(1) by striking ``the Federal Prison System, the Bureau of
Alcohol, Tobacco, Firearms and Explosives, or the United States
Marshals Service'' and inserting ``or the Immigration and
Naturalization Service''; and
(2) by striking ``$50,000'' and inserting ``$25,000''.
(h) Rescission of Unused Gun Control Earmark Funding.--Of the
amounts made available under paragraph (1)(Q) of the matter under the
heading ``office of justice programs'' under the heading ``Office of
Justice Programs'' under title II of division B of the Consolidated
Appropriations Act, 2023 (Public Law 117-328), the unobligated balances
of the amounts made available for the following, as described in House
Report 117-395 or the document of the Committee on Appropriations of
the Senate entitled ``Commerce, Justice, Science and Related Agencies
[Community Project Spending/Congressionally Directed Spending]'' and
dated December 19, 2022, are rescinded:
(1) $1,200,000 to Shaphat Outreach for a project entitled
``No Shots Fired''.
(2) $120,000 to Full Gospel Christian Assemblies
International for a project entitled ``Orchid Healing Circles
for Victims of Gun Violence''.
(3) $750,000 to the Lake County State's Attorney for the
project entitled ``Lake County Gun Violence Prevention
Initiative''.
(4) $4,600,000 to the City of Hampton for a project
entitled ``Hampton Gun Violence Intervention Program''.
(5) $760,000 to the City of Newport News for a project
entitled ``Gun Violence and Violent Crime Reduction
Initiative''.
(6) $67,000 to Congregations Organized for a New
Connecticut for a project entitled ``Fostering Greater Gun
Safety in the New Haven Area''.
(7) $237,000 to the Regional Youth Adult and Social Action
Partnership for a project entitled ``Bridgeport Gun Violence
Prevention''.
(8) $350,000 to the City of Chicago for a project entitled
``Assistance to Chicagoans Who Become Disabled As a Result of
Gun and Community Violence''.
(9) $1,000,000 to the Providence Police Department for a
project entitled ``Crime and Gun Violence Reduction
Initiative''.
(10) $830,000 to the City of Vallejo for a project entitled
``The Vallejo Gun Violence Prevention Initiative''.
(11) $1,000,000 to University of New Haven for a project
entitled ``Community-Based Gun Violence Reduction Project at
the University of New Haven''.
(i) Preventing Anti-Gun Activism by CDC and NIH.--
(1) In general.--The Director of the Centers for Disease
Control and Prevention and the Director of the National
Institutes of Health shall not fund or carry out any research
relating to firearm injury or mortality prevention that treats
crime as a public health epidemic, including advocating,
promoting, or studying firearm-related restrictions or
policies; firearm disenfranchisement, bans, confiscation, or
registration, or other gun control measures; and any other
restriction on firearms or other self defense tools.
(2) Protection for non-political research.--The Director of
the Centers for Disease Control and Prevention and the Director
of the National Institutes of Health may carry out research on
medical procedures, practices, treatments, medicines, and
therapies related to firearm injuries and recovery.
(j) Gun Rights Are Women's Rights.--
(1) In general.--The Director of the Office on Violence
Against Women may not carry out an initiative to reduce the
lethality of firearms.
(2) Second amendment exercise.--This subsection shall not
be construed to prevent the encouragement and training of women
to exercise the right to self defense protected under the
Second Amendment to the Constitution of the United States.
(k) Preventing Misuse of Community Violence Intervention
Initiatives.--Amounts appropriated under Federal law may not be used
for community violence intervention and prevention in a manner that
results in the denial, without due process, of the exercise of the
right of an individual under the Second Amendment to the Constitution
of the United States.
(l) Preventing the Targeting of Patriots as Domestic Violent
Extremists.--
(1) In general.--Amounts appropriated under Federal law may
not be used to investigate a citizen of the United States or an
organization based solely on--
(A) patriotism;
(B) the belief that gun control is unconstitutional
or a violation of the Second Amendment to the
Constitution of the United States; or
(C) reference to, affiliation with, or promotion
of--
(i) the Revolutionary War; or
(ii) founding era ideology, imagery,
symbols, or quotes, including--
(I) the Gadsden flag;
(II) the Liberty Tree;
(III) the Betsy Ross flag;
(IV) Minutemen; or
(V) the Second Amendment to the
Constitution of the United States.
(2) Rule of construction.--This subsection shall not be
construed to prevent the education of lawmakers and employees
or agents of a Federal, State or local governmental agency
about the text and history of the Second Amendment to the
Constitution of the United States.
SEC. 3. REPEAL OF THE UNCONSTITUTIONAL COMPROMISE BY SENATORS CORNYN
AND MURPHY.
(a) Section 12001 of the Bipartisan Safer Communities Act.--
(1) United states code.--Section 922 of title 18, United
States Code, is amended--
(A) in subsection (d)--
(i) in the matter preceding paragraph (1),
by striking ``, including as a juvenile''; and
(ii) in paragraph (4), by striking ``at 16
years of age or older''; and
(B) in subsection (t)--
(i) in paragraph (1)--
(I) in subparagraph (B)(ii)--
(aa) by striking ``subject
to subparagraph (C)''; and
(bb) by adding ``and'' at
the end;
(II) by striking subparagraph (C);
and
(III) by redesignating subparagraph
(D) as subparagraph (C);
(ii) in paragraph (2)--
(I) by striking ``transfer or'';
and
(II) by striking ``(d), (g), or (n)
(as applicable)'' and inserting ``(g)
or (n)'';
(iii) in paragraph (4)--
(I) by striking ``transfer of a
firearm to or''; and
(II) by striking ``(d), (g), or (n)
(as applicable)'' and inserting ``(g)
or (n)''; and
(iv) in paragraph (5)--
(I) by striking ``transfer of a
firearm to or''; and
(II) by striking ``(d), (g), or (n)
(as applicable)'' and inserting ``(g)
or (n)''.
(2) NICS requirements.--
(A) Brady handgun violence prevention act.--Section
103 of the Brady Handgun Violence Prevention Act (34
U.S.C. 40901) is amended by striking subsection (l).
(B) Report on removing outdated, expired, or
erroneous records.--Section 12001(b) of the Bipartisan
Safer Communities Act (34 U.S.C. 40910 note; Public Law
117-159) is repealed.
(b) Section 12002 of the Bipartisan Safer Communities Act.--Section
921(a) of title 18, United States Code, is amended--
(1) in paragraph (21)(C), by striking ``to predominantly
earn a profit'' and inserting ``with the principal objective of
livelihood and profit'';
(2) by striking paragraph (22); and
(3) by redesignating paragraphs (23) through (30) as
paragraphs (22) through (29), respectively.
(c) Section 12003 of the Bipartisan Safer Communities Act.--
(1) Byrne jag program.--Section 501(a)(1) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10152(a)(1)) is amended--
(A) in the matter preceding subparagraph (A), by
striking ``or civil proceedings''; and
(B) by striking subparagraph (I).
(2) Annual report on crisis intervention programs.--Section
501 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10152) is amended by striking subsection
(h).
(d) Section 12005 of the Bipartisan Safer Communities Act.--
(1) Defining ``dating relationship''.--Section 921(a) of
title 18, United States Code, is amended--
(A) in paragraph (33)(A)(ii)--
(i) by striking ``by a person similarly''
and inserting ``or by a person similarly''; and
(ii) by striking ``, or by a person who has
a current or recent former dating relationship
with the victim''; and
(B) by striking paragraph (37).
(2) Eliminating unconstitutional prohibited person
category.--Not later than 30 days after the date of enactment
of this Act, the Attorney General shall--
(A) remove each name added to the national instant
criminal background check system established under
section 103 of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40901) between June 25, 2022, and the
date of enactment of this Act as a result of the
amendments made under section 12005(a) of the
Bipartisan Safer Communities Act (Public Law 117-159;
136 Stat. 1332); and
(B) certify to Congress that the Attorney General
has made the removal required under subparagraph (A).
(3) Limitations on convictions of crimes of domestic
violence with respect to dating relationships.--Section
921(a)(33) of title 18, United States Code, is amended--
(A) in subparagraph (A), in the matter preceding
clause (i), by striking ``subparagraphs (B) and (C)''
and inserting ``subparagraph (C)''; and
(B) by striking subparagraph (C).
(e) Section 13401 of the Bipartisan Safer Communities Act.--Section
8526 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7906) is amended--
(1) in paragraph (5), by inserting ``or'' at the end;
(2) in paragraph (6), by striking ``; or'' at the end and
inserting a period; and
(3) by striking paragraph (7).
SEC. 4. REPEAL OF THE NICS DENIAL NOTIFICATION ACT OF 2022.
(1) United states code.--Title 18, United States Code, is
amended--
(A) in section 921(a), by striking paragraph (36);
and
(B) in Chapter 44--
(i) by striking section 925B; and
(ii) by striking section 925C.
(2) Clerical amendments.--The table of sections for chapter
44 of title 18, United States Code, is amended--
(A) by striking the item related to section 925B;
and
(B) by striking the item related to section 925C.
SEC. 5. REPEAL OF SPECIAL ASSISTANT U.S. ATTORNEYS AND CROSS-DEPUTIZED
ATTORNEYS ENFORCING FEDERAL GUN CONTROL LAWS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by striking section 925D.
(b) Clerical Amendment.--The table of sections for chapter 44 of
title 18, United States Code, is amended by striking the item relating
to section 925D.
SEC. 6. REPEAL OF UNCONSTITUTIONAL PILOT PROGRAM ON SAFE STORAGE OF
PERSONALLY OWNED FIREARMS.
Section 595 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263) is repealed.
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