,,ii #aacth ,,congress #b;d ,session ,s4 #bdde ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #e1 #bjad ,mrs4 ,boxer 7for herself and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide family members and close associates of an individual who they fear is a danger to himself1 herself1 or others new tools to prevent gun violence4 #a4 ,short title ,this ,act may be cited as the ,pause for ,safety ,act of #bjad4 #b4 ,definitions ,in this ,act-- 7#a7 the term close associate means1 with respect to an individual-- 7,a7 a dating partner1 friend1 co-worker1 or neighbor of the individual2 or 7,b7 any other person who has a relationship with the individual so as to be concerned about the safety and well-being of the individual1 as determined by a ,state2 7#b7 the term family member means1 with respect to an individual1 a spouse1 child1 parent1 sibling1 grandchild1 or grandparent of the individual2 7#c7 the term firearm has the meaning given the term in section #iba of title #ah1 ,united ,states ,code2 7#d7 the term gun violence prevention order means a written order1 issued by a ,state court or signed by a magistrate 7or other comparable judicial officer71 prohibiting a named individual from having under the custody or control of the individual1 owning1 purchasing1 possessing1 or receiving any firearms2 7#e7 the term gun violence prevention warrant means a written order1 issued by a ,state court or signed by a magistrate 7or other comparable judicial officer71 regarding an individual who is subject to a gun violence prevention order and who is known to own or possess #a or more firearms1 that directs a law enforcement officer to temporarily seize and retain any firearm in the possession of the individual2 7#f7 the term law enforcement officer means a public servant authorized by ,state law or by a ,state government agency to engage in or supervise the prevention1 detection1 investigation1 or prosecution of an offense2 and 7#g7 the term wellness check means a visit conducted by a law enforcement officer to the residence of an individual for the purpose of assessing whether the individual poses a danger to the individual or others due to a mental1 behavioral1 or physical condition4 #c4 ,national gun violence prevention order and warrant law 7a7 ,enactment of gun violence prevention order law ,in order to receive a grant under section #d1 on the date that is #c years after the date of enactment of this ,act1 each ,state shall have in effect legislation that-- 7#a7 authorizes a gun violence prevention order and gun violence prevention warrant in accordance with subsection 7b72 and 7#b7 requires each law enforcement agency of the ,state to comply with subsection 7c74 7b7 ,requirements for gun violence prevention orders and warrants ,legislation required under subsection 7a7 shall be subject to the following requirements3 7#a7 ,application for gun violence prevention order ,a family member or close associate of an individual may submit an application to a ,state court1 on a form designed by the court1 that-- 7,a7 describes the facts and circumstances necessitating that a gun violence prevention order be issued against the named individual2 7,b7 is signed by the applicant1 under oath2 and 7,c7 includes any additional information required by the ,state court or magistrate 7or other comparable judicial officer7 to demonstrate that possession of a firearm by the named individual poses a significant risk of personal injury to the named individual or others4 7#b7 ,examination of applicant and witnesses ,a ,state court or magistrate 7or other comparable judicial officer7 may1 before issuing a gun violence prevention order-- 7,a7 examine under oath1 the individual who applied for the order under paragraph 7#a7 and any witnesses the individual produces2 and 7,b7 7i7 require that the individual or any witness submit a signed affidavit1 which describes the facts the applicant or witness believes establish the grounds of the application2 or 7ii7 take an oral statement from the individual or witness under oath4 7#c7 ,standard for issuance of order 7,a7 ,in general ,a ,state court or magistrate 7or other comparable judicial officer7 may issue a gun violence prevention order only upon a finding of probable cause that possession of a firearm by the named individual poses a significant risk of personal injury to the named individual or others4 7,b7 ,notification 7i7 ,in general ,the court shall notify the ,department of ,justice and comparable ,state agency of the gun violence prevention order not later than #b court days after issuing the order4 ,the court shall also notify the ,department of ,justice and comparable ,state agency of any order restoring the ability of the individual to own or possess firearms not later than #b court days after issuing the order to restore the individual's right to own or possess any type of firearms that may be lawfully owned and possessed4 ,such notice shall be submitted in an electronic format1 in a manner prescribed by the ,department of ,justice and the comparable ,state agency4 7ii7 ,update of databases ,as soon as practicable after receiving a notification under clause 7i71 the ,department of ,justice and comparable ,state agency shall update the background check databases of the ,department and agency1 respectively1 to reflect the prohibitions articulated in the gun violence prevention order4 7#d7 ,issuance of gun violence prevention warrant 7,a7 ,in general ,after issuing a gun violence prevention order1 a ,state court or magistrate 7or other comparable judicial officer7 shall1 upon a finding of probable cause to believe that the named individual subject to the order has a firearm in his custody or control1 issue a gun violence prevention warrant ordering the temporary seizure of all firearms specified in the warrant4 7,b7 ,requirement ,subject to paragraph 7#f71 a gun violence prevention warrant issued under subparagraph 7,a7 shall require that any firearm described in the warrant be taken from any place1 or from any individual in whose possession1 the firearm may be4 7#e7 ,service of gun violence prevention order ,when serving a gun violence prevention order1 a law enforcement officer shall provide the individual with a form to request a hearing in accordance with paragraph 7#f77;,f74 7#f7 ,temporary seizure of firearms 7,a7 ,in general ,when a law enforcement officer takes property under a gun violence prevention warrant1 the law enforcement officer shall give a receipt for the property taken1 specifying the property in detail1 to the individual from whom it was taken4 ,in the absence of a person1 the law enforcement officer shall leave the receipt in the place where the law enforcement officer found the property4 7,b7 ,temporary custody of seized firearms ,all firearms seized pursuant to a gun violence prevention warrant shall be retained by the law enforcement officer or the law enforcement agency in custody1 subject to the order of the court that issued the warrant or to any other court in which an offense with respect to the firearm is triable4 7,c7 ,limitation on seizure of firearms ,if the location to be searched during the execution of a gun violence prevention warrant is jointly occupied by multiple parties and a firearm is located during the execution of the seizure warrant1 and it is determined that the firearm is owned by an individual other than the individual named in the gun violence prevention warrant1 the firearm may not be seized if-- 7i7 the firearm is stored in a manner that the individual named in the gun violence prevention warrant does not have access to or control of the firearm2 and 7ii7 there is no evidence of unlawful possession of the firearm by the owner4 7,d7 ,gun safe ,if the location to be searched during the execution of a gun violence prevention warrant is jointly occupied by multiple parties and a gun safe is located1 and it is determined that the gun safe is owned by an individual other than the individual named in the gun violence prevention warrant1 the contents of the gun safe shall not be searched except in the owner's presence1 or with the owner's consent1 or unless a valid search warrant has been obtained4 7,e7 ,return of firearm to rightful owner ,if any individual who is not a named individual in a gun violence prevention warrant claims title to a firearm seized pursuant to a gun violence prevention warrant1 the firearm shall be returned to the lawful owner not later than #cj days after the date on which the title is claimed4 7,f7 ,right to request a hearing ,a named individual may submit #a written request at any time during the effective period of a gun violence prevention order issued against the individual for a hearing for an order allowing the individual to own1 possess1 purchase1 or receive a firearm4 7#g7 ,hearing on gun violence prevention order and gun violence prevention warrant 7,a7 ,in general ,except as provided in subparagraph 7,e71 not later than #ad days after the date on which a gun violence prevention order and1 when applicable1 a gun violence prevention warrant1 is issued1 the court that issued the order and1 when applicable1 the warrant1 or another court in that same jurisdiction1 shall hold a hearing to determine whether the individual who is the subject of the order may have under the custody or control of the individual1 own1 purchase1 possess1 or receive firearms and1 when applicable1 whether any seized firearms should be returned to the individual named in the warrant4 7,b7 ,notice ,the individual named in a gun violence prevention order requested to be renewed under subparagraph 7,a7 shall be given written notice and an opportunity to be heard on the matter4 7,c7 ,burden of proof 7i7 ,in general ,except as provided in clause 7ii71 at any hearing conducted under subparagraph 7,a71 the ,state or petitioner shall have the burden of establishing probable cause that the individual poses a significant risk of personal injury to the individual or others by owning or possessing the firearm4 7ii7 ,higher burden of proof ,a ,state may establish a burden of proof for hearings conducted under subparagraph 7,a7 that is higher than the burden of proof required under clause 7i74 7,d7 ,requirements upon finding of significant risk ,if the named individual is found at the hearing to pose a significant risk of personal injury to the named individual or others by owning or possessing a firearm1 the following shall apply3 7i7 ,the firearm or firearms seized pursuant to the warrant shall be retained by the law enforcement agency for a period not to exceed #a year4 7ii7 ,the named individual shall be prohibited from owning or possessing1 purchasing or receiving1 or attempting to purchase or receive a firearm for a period not to exceed #a year1 a violation of which shall be considered a misdemeanor offense4 7iii7 ,the court shall notify the ,department of ,justice and comparable ,state agency of the gun violence prevention order not later than #b court days after issuing the order4 ,the court shall also notify the ,department of ,justice and comparable ,state agency of any order restoring the ability of the individual to own or possess firearms not later than #b court days after issuing the order to restore the individual's right to own or possess any type of firearms that may be lawfully owned and possessed4 ,such notice shall be submitted in an electronic format1 in a manner prescribed by the ,department of ,justice and the comparable ,state agency4 7iv7 ,as soon as practicable after receiving a notification under clause 7iii71 the ,department of ,justice and comparable ,state agency shall update the background check databases of the ,department and agency1 respectively1 to reflect-- 7,i7 the prohibitions articulated in the gun violence prevention order2 or 7,,ii7 an order issued to restore an individual's right to own or possess a firearm4 7,e7 ,return of firearms ,if the court finds that the ,state has not met the required standard of proof1 any firearm seized pursuant to the warrant shall be returned to the named individual not later than #cj days after the hearing4 7,f7 ,limitation on hearing requirement ,if an individual named in a gun violence prevention warrant is prohibited from owning or possessing a firearm for a period of #a year or more by another provision of ,state or ,federal law1 a hearing pursuant to subparagraph 7,a7 is not required and the court shall issue an order to hold the firearm until either the individual is no longer prohibited from owning a firearm or the individual sells or transfers ownership of the firearm to a licensed firearm dealer4 7#h7 ,renewing gun violence prevention order and gun violence prevention warrant 7,a7 ,in general ,except as provided in subparagraph 7,e71 if a law enforcement agency has probable cause to believe that an individual who is subject to a gun violence prevention order continues to pose a significant risk of personal injury to the named individual or others by possessing a firearm1 the agency may initiate a request for a renewal of the order1 on a form designed by the court1 describing the facts and circumstances necessitating the request4 7,b7 ,notice ,the individual named in the gun violence prevention order requested to be renewed under subparagraph 7,a7 shall be given written notice and an opportunity to be heard on the matter4 7,c7 ,hearing ,after notice is given under subparagraph 7,b71 a hearing shall be held to determine if a request for renewal of the order shall be issued4 7,d7 ,issuance of renewal ,except as provided in subparagraph 7,e71 a ,state court may issue a renewal of a gun violence prevention order if there is probable cause to believe that the individual who is subject to the order continues to pose a significant risk of personal injury to the named individual or others by possessing a firearm4 7,e7 ,higher burden of proof ,a ,state may establish a burden of proof for initiating a request for or issuing a renewal of a gun violence prevention order that is higher than the burden of proof required under subparagraph 7,a7 or 7,d74 7,f7 ,notification 7i7 ,in general ,the court shall notify the ,department of ,justice and comparable ,state agency of a renewal of the gun violence prevention order not later than #b court days after renewing the order4 ,the court shall also notify the ,department of ,justice and comparable ,state agency of any order restoring the ability of the individual to own or possess firearms not later than #b court days after issuing the order to restore the individual's right to own or possess any type of firearms that may be lawfully owned and possessed4 ,such notice shall be submitted in an electronic format1 in a manner prescribed by the ,department of ,justice and the comparable ,state agency4 7ii7 ,update of databases ,as soon as practicable after receiving a notification under clause 7i71 the ,department of ,justice and comparable ,state agency shall update the background check databases of the ,department and agency1 respectively1 to reflect-- 7,i7 the prohibitions articulated in the renewal of the gun violence prevention order2 or 7,,ii7 an order issued to restore an individual's right to own or possess a firearm4 7c7 ,law enforcement check of ,state firearm database ,each law enforcement agency of the ,state shall establish a procedure that requires a law enforcement officer to1 in conjunction with performing a wellness check on an individual1 check whether the individual is listed on any of the firearm and ammunition databases of the ,state or jurisdiction in which the individual resides4 7d7 ,confidentiality protections ,all information provided to the ,department of ,justice and comparable ,state agency pursuant to legislation required under subsection 7a7 shall be kept confidential1 separate1 and apart from all other records maintained by the ,department of ,justice and comparable ,state agency4 #d4 ,pause for ,safety grant program 7a7 ,in general ,the ,director of the ,office of ,community ,oriented ,policing ,services of the ,department of ,justice may make grants to an eligible ,state to assist the ,state in carrying out the provisions of the ,state legislation described in section #c4 7b7 ,eligible ,state ,a ,state shall be eligible to receive grants under this section on and after the date on which-- 7#a7 the ,state enacts legislation described in section #c2 and 7#b7 the ,attorney ,general determines that the legislation of the ,state described in paragraph 7#a7 complies with the requirements of section #c4 7c7 ,use of funds ,funds awarded under this section may be used by a ,state to assist law enforcement agencies or the courts of the ,state in carrying out the provisions of the ,state legislation described in section #c4 7d7 ,application ,an eligible ,state desiring a grant under this section shall submit to the ,director of the ,office of ,community ,oriented ,policing ,services an application at such time1 in such manner1 and containing or accompanied by such information1 as the ,director may reasonably require4 7e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4 #e4 ,federal firearms prohibition ,section #ibb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#h77;,b77ii71 by striking or at the end2 7,b7 in paragraph 7#i71 by striking the period at the end and inserting 2 or2 and 7,c7 by inserting after paragraph 7#i7 the following3 7#aj7 is subject to a court order that prohibits such person from having under the custody or control of the person1 owning1 purchasing1 possessing1 or receiving any firearms4 2 and 7#b7 in subsection 7g7-- 7,a7 in paragraph 7#h77;,c77ii71 by striking or at the end2 7,b7 in paragraph 7#i71 by striking the comma at the end and inserting 2 or2 and 7,c7 by inserting after paragraph 7#i7 the following3 7#aj7 who is subject to a court order that prohibits such person from having under the custody or control of the person1 owning1 purchasing1 possessing1 or receiving any firearms1 4 #f4 ,full faith and credit ,any gun violence prevention order issued under a ,state law enacted in accordance with this ,act shall have the same full faith and credit in every court within the ,united ,states as they have by law or usage in the courts of such ,state from which they are issued4 #g4 ,severability ,if any provision of this ,act1 or an amendment made by this ,act1 or the application of such provision to any person or circumstance1 is held to be invalid1 the remainder of this ,act1 or an amendment made by this ,act1 or the application of such provision to other persons or circumstances1 shall not be affected4