[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8907 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8907 To reform Federal firearms laws, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 28, 2024 Mr. Scott of Virginia (for himself, Ms. Spanberger, Mr. Connolly, Ms. Wexton, Mr. Beyer, and Ms. McClellan) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To reform Federal firearms laws, 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 ``Virginia Plan to Reduce Gun Violence Act of 2024''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--FIREARM SALES Sec. 101. Firearms transfers. Sec. 102. Handgun sales. TITLE II--EXTREME RISK PROTECTION ORDERS Sec. 201. Definitions. Sec. 202. Extreme risk protection grant program. Sec. 203. National extreme risk protection order law. Sec. 204. Federal firearms prohibition. Sec. 205. Full faith and credit. TITLE III--FIREARM SAFETY REQUIREMENTS Sec. 301. Reporting lost or stolen firearms. Sec. 302. Access to firearms by minors. Sec. 303. Prohibiting stalkers and individuals subject to court order from possessing a firearm. Sec. 304. Causing or enabling a child to gain possession of a firearm. TITLE I--FIREARM SALES SEC. 101. FIREARMS TRANSFERS. (a) Offense.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa)(1)(A) 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) 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) 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) 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 spouses, between domestic partners, between parents and their children, including step-parents and their step-children, between siblings, between aunts or uncles and their nieces or nephews, or between 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, 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 the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee's possession of the firearm is exclusively-- ``(i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; ``(ii) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor-- ``(I) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and ``(II) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or ``(iii) while in the presence of the transferor. ``(3)(A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations. ``(B) Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (1). ``(C) Regulations promulgated under this paragraph may not include any provision requiring persons not licensed under this chapter to keep records of background checks or firearms transfers. ``(D) Regulations promulgated under this paragraph may not include any provision placing a cap on the fee licensees may charge to facilitate transfers in accordance with paragraph (1). ``(4) 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 the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 180 days after the date of enactment of this Act. SEC. 102. HANDGUN SALES. (a) Limitation on Multiple Handgun Purchases.--Section 922 of title 18, United States Code, as amended by section 101, is amended by adding at the end the following: ``(bb)(1) Except as provided in paragraph (2), it shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to purchase more than 1 handgun in a 30-day period. ``(2) Paragraph (1) shall not apply to-- ``(A) an individual with a certificate issued by a law enforcement agency of the State in which the individual resides certifying the individual has passed an enhanced background check; ``(B) a law enforcement agency or law enforcement officer 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; ``(C) a State or local correctional facility; ``(D) a private security company licensed by the State or unit of local government in which the company operates; or ``(E) the purchase of a handgun that is-- ``(i) an antique firearm; or ``(ii) listed as a curio or relic by the Attorney General pursuant to section 921(a)(13) by a licensed collector.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 180 days after the date of enactment of this Act. TITLE II--EXTREME RISK PROTECTION ORDERS SEC. 201. DEFINITIONS. In this title: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a State or Indian Tribe-- (i) that enacts legislation described in section 203; (ii) with respect to which the Attorney General determines that the legislation described in clause (i) complies with the requirements of section 203; and (iii) that certifies to the Attorney General that the State or Indian Tribe shall-- (I) use a grant under section 202 for the purposes described in section 202(b); and (II) allocate not less than 25 percent of the amount received under the grant for training for law enforcement officers; or (B) a unit of local government or other public or private entity that-- (i) is located in a State or in the territory under the jurisdiction of an Indian Tribe that meets the requirements described in clauses (i) and (ii) of subparagraph (A); and (ii) certifies to the Attorney General that the unit of local government or entity shall-- (I) use a grant under section 202 for the purposes described in section 202(b); and (II) allocate not less than 25 percent of the amount received under the grant for training for law enforcement officers. (2) Extreme risk protection order.--The term ``extreme risk protection order'' means a written order or warrant, issued by a State or Tribal court or signed by a magistrate (or other comparable judicial officer), the primary purpose of which is to reduce the risk of firearm-related death or injury by doing 1 or more of the following: (A) Prohibiting a named individual from having under the custody or control of the individual, owning, purchasing, possessing, or receiving a firearm. (B) Having a firearm removed or requiring the surrender of firearms from a named individual. (3) Firearm.--The term ``firearm'' has the meaning given the term in section 921 of title 18, United States Code. (4) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389). (5) Law enforcement officer.--The term ``law enforcement officer'' means a public servant authorized by State, local, or Tribal law or by a State, local, or Tribal government agency to-- (A) engage in or supervise the prevention, detection, investigation, or prosecution of an offense; or (B) supervise sentenced criminal offenders. (6) Petitioner.--The term ``petitioner'' means an individual authorized under State or Tribal law to petition for an extreme risk protection order. (7) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (8) Unit of local government.--The term ``unit of local government'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). SEC. 202. EXTREME RISK PROTECTION GRANT PROGRAM. (a) In General.--The Director of the Office of Community Oriented Policing Services of the Department of Justice shall establish a program under which, from amounts made available to carry out this section, the Director may make grants to eligible entities to assist in carrying out the provisions of the legislation described in section 203. (b) Use of Funds.--Funds awarded under this section may be used by an applicant to-- (1) enhance the capacity of law enforcement agencies and the courts of a State, unit of local government, or Indian Tribe by providing personnel, training, technical assistance, data collection, and other resources to carry out legislation described in section 203; (2) train judges, court personnel, and law enforcement officers to more accurately identify individuals whose access to firearms poses a danger of causing harm to themselves or others by increasing the risk of firearms suicide or interpersonal violence; (3) develop and implement law enforcement and court protocols, forms, and orders so that law enforcement agencies and the courts may carry out the provisions of the legislation described in section 203 in a safe and effective manner, including through the removal and storage of firearms pursuant to extreme risk protection orders under the legislation; and (4) raise public awareness and understanding of the legislation described in section 203 so that extreme risk protection orders may be issued in appropriate situations to reduce the risk of firearms-related death and injury. (c) Application.--An eligible entity desiring a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by such information as the Attorney General may reasonably require. (d) Incentives.--For each of fiscal years 2024 through 2028, the Attorney General shall give affirmative preference in awarding any discretionary grant awarded by the Bureau of Justice Assistance to a State or Indian Tribe that has enacted legislation described in section 203. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 203. NATIONAL EXTREME RISK PROTECTION ORDER LAW. (a) Requirements.--Legislation described in this section is legislation that establishes requirements that are substantially similar to the following: (1) Application for extreme risk protection order.--A petitioner, including a law enforcement officer, may submit an application to a State or Tribal court, on a form designed by the court or a State or Tribal agency, that-- (A) describes the facts and circumstances justifying that an extreme risk protection order be issued against the named individual; and (B) is signed by the applicant, under oath. (2) Notice.--The individual named in an application for an extreme risk protection order as described in paragraph (1) shall be given-- (A) written notice of the application; (B) an opportunity to be heard on the matter in accordance with this section; and (C) an opportunity to voluntarily surrender any firearm in the possession of the individual. (3) Issuance of extreme risk protection orders.-- (A) Hearing.-- (i) In general.--Upon receipt of an application described in paragraph (1), or request of an individual named in such application, the court shall order a hearing to be held not later than 30 days after the date of such application or request. (ii) Determination.--After a hearing described in clause (i), if the court finds by a preponderance of the evidence that the respondent poses a danger of causing harm to himself or herself or to another individual by having access to a firearm, the court may issue an extreme risk protection order. (B) Length of extreme risk protection order.--An extreme risk protection order shall be in effect until-- (i) an order is entered terminating or superseding the extreme risk protection order; or (ii) the date, if any, specified in the extreme risk protection order. (C) Return of firearms.--After a hearing conducted under this paragraph, if the Court finds that the respondent does not pose a substantial risk of personal injury to himself or herself or to another individual by having access to a firearm, the court shall order that each firearm surrendered, transferred, or removed under paragraph (5) shall be returned to the respondent. (4) Ex parte extreme risk protection orders.-- (A) In general.--Upon receipt of an application described in paragraph (1), the court may issue an ex parte extreme risk protection order before conducting the hearing required under paragraph (3), if-- (i) the application for an extreme risk protection order alleges that the respondent poses a danger of causing harm to himself, herself, or others in the near future by having access to a firearm; and (ii) the court finds there is reasonable cause to believe that the respondent poses a danger of causing harm to himself, herself, or others in the near future by having access to a firearm. (B) Length of ex parte extreme risk protection order.--An ex parte extreme risk protection order shall be in effect for a period not to exceed 30 days, unless continued for good cause. (5) Surrender and removal of firearms.-- (A) In general.--Upon receipt of notice under paragraph (1), the individual who is