S. 2068 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2068 IN THE SENATE OF THE UNITED STATES February 27, 2014 Mr. Markey (for himself and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide for the development and use of technology for personalized handguns, to require that, within 3 years, all handguns manufactured or sold in, or imported into, the United States incorporate such technology, and for other purposes. 1. Short title This Act may be cited as the Handgun Trigger Safety Act of 2014. 2. Findings Congress finds as follows: (1) It is in the interest of the United States to protect its citizens from handgun violence and accidental firearm deaths. (2) Personalizing handguns would prevent unauthorized users, whether children, criminals, or others, from misusing the weapons. (3) Personalizing handguns would allow authorized users to continue to lawfully own and use their handguns more safely. (4) In 2011, according to the Centers for Disease Control, there were 851 accidental firearm deaths. (5) In 2010, according to the Centers for Disease Control, 62 people under the age of 15 were killed accidentally with firearms. (6) According to the National Crime Victimization Survey, almost 350,000 incidents of firearm theft from private citizens occur each year. (7) According to the Federal Bureau of Investigation, 45 law enforcement officers were killed with their own firearm between 2002 and 2011. (8) According to the Federal Bureau of Investigation, almost half of all murders in the United States in 2011 were committed with handguns. I Technology for Personalized Handguns Grants 101. Definitions In this title: (1) Handgun The term handgun has the meaning given the term in section 921(a)(29) of title 18, United States Code. (2) Personalized handgun The term personalized handgun means a handgun that— (A) enables only an authorized user of the handgun to fire the handgun; and (B) was manufactured in such a manner that the firing restriction described in subparagraph (A)— (i) is incorporated into the design of the handgun; (ii) is not sold as an accessory; and (iii) cannot be readily removed or deactivated. (3) Qualified entity The term qualified entity means— (A) a State or unit of local government; (B) a nonprofit or for-profit organization; or (C) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). (4) Retrofitted personalized handgun The term retrofitted personalized handgun means a handgun fitted with a device that— (A) enables only an authorized user of the handgun to fire the handgun; and (B) cannot be readily removed or deactivated. 102. Authorization The Attorney General, acting through the Director of the National Institute of Justice (referred to in this title as the Director), shall make grants to qualified entities to develop technology for personalized handguns. 103. Applications A qualified entity seeking a grant under this title shall submit to the Director an application at such time, in such manner, and containing such information as the Director may reasonably require. 104. Uses of funds A qualified entity that receives a grant under this title— (1) shall use not less than 70 percent of the amount of the grant to develop technology for personalized handguns; (2) may use not more than 20 percent of the amount of the grant to develop technology for retrofitted personalized handguns; and (3) may use not more than 10 percent of the amount of the grant for administrative costs associated with the development of technology funded under this title. 105. Term; renewal (a) Term A grant awarded under this title shall be for a term of 1 year. (b) Renewal A qualified entity receiving a grant under this title may renew the grant by submitting to the Director an application for renewal at such time, in such manner, and containing such information as the Director may reasonably require. 106. Reports (a) Reports to Director A qualified entity receiving a grant under this title shall submit to the Director such reports, at such time, in such manner, and containing such information as the Director may reasonably require. (b) Reports to Congress Each year, the Director shall submit to Congress a report that contains a summary of the information submitted to the Director under subsection (a) during the previous year. 107. Regulations The Director may promulgate such guidelines, rules, regulations, and procedures as may be necessary to carry out this title. 108. Authorization of appropriations There is authorized to be appropriated to carry out this title $2,000,000 for each of fiscal years 2015 and 2016. II Consumer Product Safety Commission safety standard 201. Definitions In this title: (1) Antique firearm; firearm; handgun The terms antique firearm, firearm, and handgun have the meaning given those terms in section 921 of title 18, United States Code. (2) Authorized user The term authorized user, with respect to a firearm, means— (A) the lawful owner of the firearm; and (B) any individual who is— (i) authorized by the lawful owner of the firearm to use the firearm; and (ii) authorized, under the law of the State where the firearm is being used, to own, carry, or use a firearm in the State. (3) Commission The term Commission means the Consumer Product Safety Commission (4) Consumer product safety rule The term consumer product safety rule has the meaning given such term in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). (5) Manufactured and manufacturer The terms manufactured and manufacturer have the meaning given such terms in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). (6) Personalized handgun The term personalized handgun means a handgun that— (A) enables only an authorized user of a handgun to fire the handgun; and (B) is manufactured in such a manner that the firing restriction described in subparagraph (A)— (i) is incorporated into the design of the handgun; and (ii) cannot be readily removed or deactivated. (7) Retrofitted personalized handgun The term retrofitted personalized handgun means a handgun fitted with a device that— (A) enables only an authorized user of a handgun to fire the handgun; and (B) attaches to the handgun in a manner such that the device cannot be readily removed or deactivated. (8) State and United States The terms State and United States have the meaning given such terms in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). (9) To distribute in commerce and distribution in commerce The terms to distribute in commerce and distribution in commerce have the meaning given such terms in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). 202. Prohibition on manufacturing and distribution of handguns that are not personalized handguns (a) Prohibition (1) Manufacturing Beginning on the date that is 2 years after the date of enactment of this Act, no person may manufacture in the United States a handgun that is not a personalized handgun. (2) Distribution in commerce Beginning on the date that is 3 years after the date of enactment of this Act, no person may distribute in commerce any handgun that is not a personalized handgun or a retrofitted personalized handgun. (3) Exemptions for antique firearms and military firearms Paragraphs (1) and (2) shall not apply to— (A) an antique firearm; (B) the manufacture of a firearm that is sold to the Department of Defense; or (C) the sale or distribution of a firearm to the Department of Defense. (b) Enforcement by Consumer Product Safety Commission (1) Treatment of violation Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), a violation of subsection (a) or any rule promulgated by the Commission pursuant to paragraph (4) shall be treated as a violation of section 19(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2068(a)(1)). (2) Treatment as consumer product safety standards Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), subsection (a) and any rule promulgated pursuant to paragraph (4) shall be considered consumer product safety rules. (3) Powers of Commission (A) In general The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) were incorporated into and made a part of this section. (B) Privileges and immunities Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.). (4) Regulations The Commission, in consultation with the Attorney General and the Director of the National Institute of Justice, may promulgate such rules as the Commission considers appropriate to carry out this section. (c) Enforcement by States If an attorney general, other official, or agency of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by a person who violates subsection (a), the attorney general, official, or agency may bring a civil action on behalf of the residents of the State against the person in an appropriate district court of the United States to enjoin any further such violation and for other relief as may be appropriate. (d) Cost of retrofitting (1) Cost borne by manufacturers Upon the request of the owner of a handgun that was manufactured in the United States and that is not a personalized handgun or retrofitted personalized handgun, the manufacturer of the handgun— (A) shall— (i) retrofit the handgun so that the handgun is a retrofitted personalized handgun; and (ii) return the handgun to the owner within a reasonable period of time; and (B) may not request compensation for the retrofit from the owner. (2) Rulemaking Not later than 1 year after the date of enactment of this Act, the Commission, in consultation with the Attorney General and the Director of the National Institute of Justice, shall by regulation establish the maximum period of time within which a manufacturer that receives a request from the owner of a handgun under paragraph (1) shall retrofit and return the handgun to the owner. (3) Reimbursement from Department of Justice Assets Forfeiture Fund Section 524(c) of title 28, United States Code, is amended— (A) in subparagraph (H), by striking and at the end; (B) in subparagraph (I), by striking the period at the end and inserting ; and; and (C) by inserting after subparagraph (I) the following: (J) payments to reimburse manufacturers of handguns for the costs of retrofitting handguns to comply with the requirement under section 202(d)(1) of the Handgun Trigger Safety Act of 2014. . (e) Relation to State law Nothing in this section or the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) shall be construed to preempt or otherwise affect any State requirement with respect to any handgun not specifically regulated in a consumer product safety standard under the Consumer Product Safety Act. III Exemption from the Protection of Lawful Commerce in Arms Act 301. Exemptions from the Protection of Lawful Commerce in Arms Act Section 4 of the Protection of Lawful Commerce in Arms Act (15 U.S.C. 7903) is amended— (1) in paragraph (4)— (A) by striking The term qualified product means and inserting the following: “The term ‘qualified product’— (i) except as provided in clause (ii), means ; (B) by striking the period at the end and inserting ; and; and (C) by adding at the end the following: (ii) does not include a handgun that— (I) is manufactured on or after the date that is 2 years after the date of enactment of the Handgun Trigger Safety Act of 2014; and (II) is not a— (aa) personalized handgun; or (bb) retrofitted personalized handgun. ; and (2) by adding at the end the following: (10) Authorized user The term authorized user, with respect to a handgun, means— (A) the lawful owner of the firearm; and (B) any individual who is— (i) authorized by the lawful owner of the firearm to use the firearm; and (ii) authorized, under the law of the State where the firearm is being used, to own, carry, or use a firearm in the State. (11) Handgun The term handgun has the meaning given the term in section 921(a)(29) of title 18, United States Code. (12) Personalized handgun The term personalized handgun means a handgun that— (A) enables only an authorized user of the handgun to fire the handgun; and (B) is manufactured in such a manner that the firing restriction described in subparagraph (A)— (i) is incorporated into the design of the handgun; and (ii) cannot be readily removed or deactivated. (13) Retrofitted personalized handgun The term retrofitted personalized handgun means a handgun fitted with a device that— (A) enables only an authorized user of the handgun to fire the handgun; and (B) attaches to the handgun in a manner such that the device cannot be readily removed or deactivated. .