,i #aadth ,,congress #ast ,session ,h4 ,r4 #bfac ,,in ,,the ,,house ,,of ,,representatives ,june #b1 #bjae ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york 7for herself1 ,ms4 ,clark of ,massachusetts1 and ,mr4 ,de,saulnier7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide for the development and use of technology for personalized handguns1 to require that all handguns manufactured or sold in1 or imported into1 the ,united ,states incorporate such technology1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,handgun ,trigger ,safety ,act of #bjae4 #b4 ,findings ,congress finds as follows3 7#a7 ,it is in the interest of the ,united ,states to protect its citizens from handgun violence and accidental firearm deaths4 7#b7 ,personalizing handguns would prevent unauthorized users1 whether children1 criminals1 or others1 from misusing the weapons4 7#c7 ,personalizing handguns would allow authorized users to continue to lawfully own and use their handguns more safely4 7#d7 ,in #bjaa1 according to the ,centers for ,disease ,control1 there were #hea accidental firearm deaths4 7#e7 ,in #bjaj1 according to the ,centers for ,disease ,control1 #fb people under the age of #ae were killed accidentally with firearms4 7#f7 ,according to the ,national ,crime ,victimization ,survey1 almost #cej1jjj incidents of firearm theft from private citizens occur each year4 7#g7 ,according to the ,federal ,bureau of ,investigation1 #de law enforcement officers were killed with their own firearm between #bjjb and #bjaa4 7#h7 ,according to the ,federal ,bureau of ,investigation1 almost half of all murders in the ,united ,states in #bjaa were committed with handguns4 ,i ,technology for ,personalized ,handguns ,grants #aja4 ,definitions ,in this title3 7#a7 ,authorized user ,the term authorized user1 with respect to a firearm1 means-- 7,a7 the lawful owner of the firearm2 and 7,b7 any individual who is-- 7i7 authorized by the lawful owner of the firearm to use the firearm2 and 7ii7 authorized1 under the law of the ,state where the firearm is being used1 to own1 carry1 or use a firearm in the ,state4 7#b7 ,handgun ,the term handgun has the meaning given the term in section #iba7;a77#bi7 of title #ah1 ,united ,states ,code4 7#c7 ,personalized handgun ,the term personalized handgun means a handgun that-- 7,a7 enables only an authorized user of the handgun to fire the handgun2 and 7,b7 is manufactured in such a manner that the firing restriction described in subparagraph 7,a7-- 7i7 is incorporated into the design of the handgun2 7ii7 is not sold as an accessory2 and 7iii7 cannot be readily removed or deactivated4 7#d7 ,qualified entity ,the term qualified entity means-- 7,a7 a ,state or unit of local government2 7,b7 a nonprofit or for-profit organization2 or 7,c7 an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja774 7#e7 ,retrofitted personalized handgun ,the term retrofitted personalized handgun means a handgun fitted with a device that-- 7,a7 enables only an authorized user of the handgun to fire the handgun2 and 7,b7 cannot be readily removed or deactivated4 #ajb4 ,authorization ,the ,attorney ,general1 acting through the ,director of the ,national ,institute of ,justice 7referred to in this title as the ,director71 shall make grants to qualified entities to develop technology for personalized handguns4 #ajc4 ,applications ,a qualified entity seeking a grant under this title shall submit to the ,director an application at such time1 in such manner1 and containing such information as the ,director may reasonably require4 #ajd4 ,uses of funds ,a qualified entity that receives a grant under this title-- 7#a7 shall use not less than #gj percent of the amount of the grant to develop technology for personalized handguns2 7#b7 may use not more than #bj percent of the amount of the grant to develop technology for retrofitted personalized handguns2 and 7#c7 may use not more than #aj percent of the amount of the grant for administrative costs associated with the development of technology funded under this title4 #aje4 ,term2 renewal 7a7 ,term ,a grant awarded under this title shall be for a term of #a year4 7b7 ,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 time1 in such manner1 and containing such information as the ,director may reasonably require4 #ajf4 ,reports 7a7 ,reports to ,director ,a qualified entity receiving a grant under this title shall submit to the ,director such reports1 at such time1 in such manner1 and containing such information as the ,director may reasonably require4 7b7 ,reports to ,congress ,each year1 the ,director shall submit to ,congress a report that contains a summary of the information submitted to the ,director under subsection 7a7 during the previous year4 #ajg4 ,regulations ,the ,director may promulgate such guidelines1 rules1 regulations1 and procedures as may be necessary to carry out this title4 #ajh4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this title #b1jjj1jjj for each of fiscal years #bjaf and #bjag4 ,,ii ,consumer ,product ,safety ,commission safety standard #bja4 ,definitions ,in this title3 7#a7 ,antique firearm2 firearm2 handgun ,the terms antique firearm1 firearm1 and handgun have the meaning given those terms in section #iba of title #ah1 ,united ,states ,code4 7#b7 ,authorized user ,the term authorized user1 with respect to a firearm1 means-- 7,a7 the lawful owner of the firearm2 and 7,b7 any individual who is-- 7i7 authorized by the lawful owner of the firearm to use the firearm2 and 7ii7 authorized1 under the law of the ,state where the firearm is being used1 to own1 carry1 or use a firearm in the ,state4 7#c7 ,commission ,the term ,commission means the ,consumer ,product ,safety ,commission4 7#d7 ,consumer product safety rule ,the term consumer product safety rule has the meaning given the term in section #c7;a7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjeb7;a774 7#e7 ,manufactured and manufacturer ,the terms manufactured and manufacturer have the meaning given those terms in section #c7;a7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjeb7;a774 7#f7 ,personalized handgun ,the term personalized handgun means a handgun that-- 7,a7 enables only an authorized user of a handgun to fire the handgun2 and 7,b7 is manufactured in such a manner that the firing restriction described in subparagraph 7,a7-- 7i7 is incorporated into the design of the handgun2 7ii7 is not sold as an accessory2 and 7iii7 cannot be readily removed or deactivated4 7#g7 ,retrofitted personalized handgun ,the term retrofitted personalized handgun means a handgun fitted with a device that-- 7,a7 enables only an authorized user of a handgun to fire the handgun2 and 7,b7 cannot be readily removed or deactivated4 7#h7 ,state and ,united ,states ,the terms ,state and ,united ,states have the meaning given those terms in section #c7;a7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjeb7;a774 7#i7 ,to distribute in commerce and distribution in commerce ,the terms to distribute in commerce and distribution in commerce have the meaning given those terms in section #c7;a7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjeb7;a774 #bjb4 ,prohibition on manufacturing and distribution of handguns that are not personalized handguns 7a7 ,prohibition 7#a7 ,manufacturing ,beginning on the date that is #e years after the date of enactment of this ,act1 no person may manufacture in the ,united ,states a handgun that is not a personalized handgun4 7#b7 ,distribution in commerce ,beginning on the date that is #aj years after the date of enactment of this ,act1 no person may distribute in commerce any handgun that is not a personalized handgun or a retrofitted personalized handgun4 7#c7 ,exemptions for antique firearms and military firearms ,paragraphs 7#a7 and 7#b7 shall not apply to-- 7,a7 an antique firearm2 7,b7 the manufacture of a firearm that is sold to the ,department of ,defense2 or 7,c7 the sale or distribution of a firearm to the ,department of ,defense4 7b7 ,enforcement by ,consumer ,product ,safety ,commission 7#a7 ,treatment of violation ,notwithstanding section #c7;a77#e77;,e7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjeb7;a77#e77;,e771 a violation of subsection 7a7 or any rule promulgated by the ,commission pursuant to paragraph 7#d7 shall be treated as a violation of section #ai7;a77#a7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjfh7;a77#a774 7#b7 ,treatment as consumer product safety standards ,notwithstanding section #c7;a77#e77;,e7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjeb7;a77#e77;,e771 subsection 7a7 and any rule promulgated pursuant to paragraph 7#d7 shall be considered consumer product safety rules4 7#c7 ,powers of ,commission 7,a7 ,in general ,the ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjea et seq47 were incorporated into and made a part of this section4 7,b7 ,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 7#ae ,u4,s4,c4 #bjea et seq474 7#d7 ,regulations ,the ,commission1 in consultation with the ,attorney ,general and the ,director of the ,national ,institute of ,justice1 may promulgate such rules as the ,commission considers appropriate to carry out this section4 7c7 ,enforcement by ,states 7#a7 ,in general ,in any case in which the attorney general 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 the engagement of any person in a practice that violates subsection 7a71 the attorney general of the ,state may1 as parens patriae1 bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states-- 7,a7 to enjoin further violation of such subsection by such person2 7,b7 to compel compliance with such subsection2 7,c7 to obtain damages1 restitution1 or other compensation on behalf of such residents2 or 7,d7 to such civil penalties and other relief as the court considers appropriate4 7#b7 ,rights of ,consumer ,product ,safety ,commission 7,a7 ,notice to ,consumer ,product ,safety ,commission 7i7 ,in general ,except as provided in clause 7iii71 the attorney general of a ,state shall notify the ,commission in writing that the attorney general intends to bring a civil action under paragraph 7#a7 not later than #aj days before initiating the civil action4 7ii7 ,contents ,the notification required by clause 7i7 with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action4 7iii7 ,exception ,if it is not feasible for the attorney general of a ,state to provide the notification required by clause 7i7 before initiating a civil action under paragraph 7#a71 the attorney general shall notify the ,commission immediately upon instituting the civil action4 7,b7 ,intervention by ,consumer ,product ,safety ,commission ,the ,commission may-- 7i7 intervene in any civil action brought by the attorney general of a ,state under paragraph 7#a72 and 7ii7 upon intervening-- 7,i7 be heard on all matters arising in the civil action2 and 7,,ii7 file petitions for appeal of a decision in the civil action4 7#c7 ,investigatory powers ,nothing in this subsection may be construed to prevent the attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of the ,state to conduct investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documentary or other evidence4 7#d7 ,preemptive action by ,consumer ,product ,safety ,commission ,if the ,commission institutes a civil action or an administrative action with respect to a violation of subsection 7b71 the attorney general of a ,state may not1 during the pendency of such action1 bring a civil action under paragraph 7#a7 against any defendant named in the complaint of the ,commission for the violation with respect to which the ,commission instituted such action4 7#e7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in-- 7i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7ii7 another court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a71 process may be served in any district in which the defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 7#f7 ,actions by other ,state officials 7,a7 ,in general ,in addition to civil actions brought by attorneys general under paragraph 7#a71 any other officer of a ,state who is authorized by the ,state to do so may bring a civil action under paragraph 7#a71 subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general4 7,b7 ,savings provision ,nothing in this subsection may be construed to prohibit an authorized official of a ,state from initiating or continuing any proceeding in a court of the ,state for a violation of any civil or criminal law of the ,state4 7d7 ,cost of retrofitting 7#a7 ,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 handgun1 the manufacturer of the handgun-- 7,a7 shall-- 7i7 retrofit the handgun so that the handgun is a retrofitted personalized handgun2 and 7ii7 return the handgun to the owner within a reasonable period of time2 and 7,b7 may not request compensation for the retrofit from the owner4 7#b7 ,rulemaking ,not later than #a year after the date of enactment of this ,act1 the ,commission1 in consultation with the ,attorney ,general and the ,director of the ,national ,institute of ,justice1 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 7#a7 shall retrofit and return the handgun to the owner4 7#c7 ,reimbursement from ,department of ,justice ,assets ,forfeiture ,fund ,section #ebd7;c77#a7 of title #bh1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,h71 by striking and at the end2 7,b7 in subparagraph 7,i71 by striking the period at the end and inserting 2 and2 and 7,c7 by inserting after subparagraph 7,i7 the following3 7,j7 payments to reimburse manufacturers of handguns for the costs of retrofitting handguns to comply with the requirement under section #bjb7;d77#a7 of the ,handgun ,trigger ,safety ,act of #bjae4 4 7e7 ,relation to ,state law ,this section shall not be construed as superseding1 altering1 or affecting any provision of law of a ,state1 except to the extent that such provision of law is inconsistent with the provisions of this section1 and then only to the extent of the inconsistency4 ,,iii ,exemption from the ,protection of ,lawful ,commerce in ,arms ,act #cja4 ,exemptions from the ,protection of ,lawful ,commerce in ,arms ,act ,section #d of the ,protection of ,lawful ,commerce in ,arms ,act 7#ae ,u4,s4,c4 #gijc7 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 by striking ,the term qualified product means and inserting the following3 ,the term qualified product-- 7i7 except as provided in clause 7ii71 means 2 7,b7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7ii7 does not include a handgun that-- 7,i7 is manufactured on or after the date that is #e years after the date of enactment of the ,handgun ,trigger ,safety ,act of #bjae2 and 7,,ii7 is not a-- 7aa7 personalized handgun2 or 7bb7 retrofitted personalized handgun4 2 and 7#b7 by adding at the end the following3 7#aj7 ,authorized user ,the term authorized user1 with respect to a firearm1 means-- 7,a7 the lawful owner of the firearm2 and 7,b7 any individual who is-- 7i7 authorized by the lawful owner of the firearm to use the firearm2 and 7ii7 authorized1 under the law of the ,state where the firearm is being used1 to own1 carry1 or use a firearm in the ,state4 7#aa7 ,handgun ,the term handgun has the meaning given the term in section #iba7;a77#bi7 of title #ah1 ,united ,states ,code4 7#ab7 ,personalized handgun ,the term personalized handgun means a handgun that-- 7,a7 enables only an authorized user of the handgun to fire the handgun2 and 7,b7 is manufactured in such a manner that the firing restriction described in subparagraph 7,a7-- 7i7 is incorporated into the design of the handgun2 7ii7 is not sold as an accessory2 and 7iii7 cannot be readily removed or deactivated4 7#ac7 ,retrofitted personalized handgun ,the term retrofitted personalized handgun means a handgun fitted with a device that-- 7,a7 enables only an authorized user of the handgun to fire the handgun2 and 7,b7 cannot be readily removed or deactivated4 4