,,ii #aaeth ,,congress #b;d ,session ,s4 #bedf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ad1 #bjah ,mr4 ,markey 7for himself and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide grants to ,states to encourage the implementation and maintenance of firearms licensing requirements1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,making ,america ,safe and ,secure ,act of #bjah or the ,,mass ,act4 #b4 ,purpose and findings 7a7 ,purpose ,the purpose of this ,act is to provide grants to ,states to encourage the implementation and maintenance of firearms licensing requirements4 7b7 ,findings ,congress finds the following3 7#a7 ,there is an epidemic of gun violence in the ,united ,states4 ,in #bjaf1 more than #ch1jjj lives were lost to gun violence in the ,united ,states4 ,gun homicide rates in the ,united ,states are #be4b times higher than those in other high-income countries4 7#b7 ,firearms account for over #ej percent of suicides and #ff percent of homicides4 7#c7 ,since #aiid1 ,massachusetts has lowered its gun death rate by #dj percent by enacting strong gun safety measures1 including firearms licensing requirements4 7#d7 ,researchers at ,boston ,children's ,hospital and the ,harvard ,t4,h4 ,chan ,school of ,public ,health found that ,states with more gun laws have fewer gun-related deaths4 ,massachusetts has the lowest gun death rate in the country4 #c4 ,firearms licensing 7a7 ,in general ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq47 is amended by adding at the end the following3 ,,nn ,firearms licensing #cjda4 ,definitions 7a7 ,in general ,in this part-- 7#a7 the term prohibited individual means an individual who is categorically ineligible to receive a firearms license or firearms dealer license2 7#b7 the term suitable means that an individual does not create a risk to public safety2 and 7#c7 the term thorough background check means conducting a ,federal and ,state background check1 which may include a fingerprint-based background check4 7b7 ,prohibited individuals ,for purposes of this part1 a ,state-- 7#a7 shall establish standards for categorizing an individual as a prohibited individual for purposes of receiving a-- 7,a7 firearms license2 or 7,b7 firearms dealer license2 7#b7 in establishing standards with respect to a firearms license under paragraph 7#a77;,a71 shall take into consideration-- 7,a7 criminal history1 including youthful offender adjudications2 7,b7 whether an individual has been-- 7i7 deemed a danger to himself or herself or other individuals by a court or authorized administrative body2 or 7ii7 committed to a hospital or institution as a danger to himself or herself or other individuals2 7,c7 current or chronic alcohol or substance abuse2 7,d7 mental capacity that necessitates a guardian or conservator2 7,e7 age2 7,f7 legal residency2 7,g7 military dishonorable discharges2 7,h7 permanent or temporary protection orders2 7,i7 outstanding arrest warrants2 7,j7 status as a fugitive2 and 7,k7 renunciation of ,united ,states citizenship2 and 7#c7 in establishing standards with respect to a firearms dealer license under paragraph 7#a77;,b71 shall take into consideration-- 7,a7 criminal history1 including youthful offender adjudications2 7,b7 age2 and 7,c7 legal residency4 #cjdb4 ,grants and conditions 7a7 ,grants authorized ,the ,assistant ,attorney ,general may make grants to ,states to implement or maintain firearms licensing requirements4 7b7 ,terms and conditions 7#a7 ,duration of grants ,a grant under subsection 7a7 shall be for a period of #c fiscal years4 7#b7 ,maximums ,the ,assistant ,attorney ,general may not award more than #bj1jjj1jjj in grants 7determined based on the amount provided over the period of such grants7 under subsection 7a7 during each fiscal year4 7c7 ,use of funds for firearms licensing 7#a7 ,activities ,amounts received under a grant under subsection 7a7 shall be used for the development or maintenance of firearms licensing requirements1 which shall incorporate and implement the elements described in paragraph 7#b74 7#b7 ,elements ,the elements described in this paragraph are those requiring that-- 7,a7 all firearms owners have a firearms license-- 7i7 at the time of the purchase1 rental1 or lease of firearms or ammunitions2 and 7ii7 during the entire period of firearm ownership2 7,b7 any person who sells ammunition or sells1 rents1 or leases a minimum number of firearms in a calendar year1 as determined by the ,state1 shall obtain a firearms dealer license2 7,c7 the chief of police or the board or officer having control of the police department of a local government1 or a designee1 functions as the licensing authority2 7,d7 for a firearms license1 the licensing authority shall-- 7i7 conduct a thorough background check1 which may include-- 7,i7 conducting an interview with the applicant2 and 7,,ii7 requiring the submission of letters of reference stating that the applicant is of sound mind and character2 and 7ii7 make a determination of suitability2 7,e7 a first-time firearms license applicant shall complete safety training2 7,f7 the licensing authority1 not later than #dj days after the date on which the application is submitted1 shall-- 7i7 deny the application and notify the applicant of the reason for such denial in writing2 or 7ii7 approve the application and issue the license if the possession of a firearm by the applicant would not be in violation of ,federal1 ,state1 or local law2 7,g7 the licensing authority may revoke1 suspend1 or deny the issuance or renewal of a firearms license if-- 7i7 in a reasonable exercise of discretion1 the licensing authority determines that the applicant or licensee is unsuitable to be issued or to continue to hold a license2 and 7ii7 the determination of suitability described in clause 7i7 is based on evidence that there exists-- 7,i7 reliable and credible information that the applicant has exhibited or engaged in behavior to suggest that the individual could potentially create a risk to public safety2 or 7,,ii7 factors that suggest that1 if issued a license1 the individual could potentially create a risk to public safety2 7,h7 upon denial of an application or renewal of a firearms license1 or upon revoking or suspending a firearms license1 based on a determination of unsuitability described in subparagraph 7,g71 the applicant or licensee shall be notified in writing1 setting forth the specific reasons for the determination2 7,i7 any applicant or holder of a firearms license aggrieved by a denial1 suspension1 or revocation of a license may1 within a reasonable time period1 file a petition to obtain judicial review in the relevant court having jurisdiction in the unit of local government in which-- 7i7 the applicant filed the application2 or 7ii7 the license was issued2 7,j7 in the case of judicial review of a denial1 revocation1 or suspension under subparagraph 7,i71 the court may order a license to be issued or reinstated to the petitioner if the court finds-- 7i7 no reasonable ground for denying1 revoking1 or suspending the license2 and 7ii7 that the petitioner is not prohibited by law from possessing a license2 7,k7 upon revocation1 suspension1 or denial of a firearms license1 the individual whose license was so revoked1 suspended1 or denied shall surrender all firearms and ammunition in the possession of the individual to the licensing authority1 unless an appeal of the revocation or suspension is pending2 7,l7 for a firearms dealer license1 the licensing authority shall conduct an investigation into the criminal history of the applicant1 which may include-- 7i7 an interview with the applicant2 and 7ii7 a fingerprint-based background check2 7,m7 a firearms dealers licensee shall-- 7i7 maintain a permanent place of business and ensure that the permanent place of business is-- 7,i7 not a residence or dwelling2 7,,ii7 the same location identified on the licensee's license2 7,,iii7 the only location wherein all transactions are conducted2 and 7,,iv7 the location wherein all records required to be kept shall be so kept2 7ii7 submit to #a mandatory record and inventory inspection by a licensing authority per year2 7iii7 maintain a sales record book that shall remain open to inspection by the appropriate law enforcement agency at all times1 and shall include1 with respect to each transfer of a firearm-- 7,i7 a complete description of the firearm1 including the make1 serial number1 and type2 7,,ii7 the transferor's license information2 7,,iii7 the transferees's license information2 7,,iv7 the date of transfer2 7,v7 the sex1 address of residence1 and occupation of the transferee2 and 7,,vi7 the signature of the transferee2 7iv7 conduct a pre-employment background check on each potential employee to determine the suitability of any potential employee who may have direct and unmonitored contact with firearms2 and 7v7 comply with all applicable ,federal1 ,state1 and local laws2 7,n7 any individual denied a firearms dealer license may1 within a reasonable time period1 apply to ,state officials who may direct a licensing authority to grant a license if1 after a hearing1 ,state officials are satisfied that-- 7i7 there were no reasonable grounds for the refusal to grant such a license2 and 7ii7 the applicant was not barred by the provisions of law from holding such a license2 7,o7 7i7 the licensing authority may suspend or revoke a firearms dealer license if-- 7,i7 licensing authority officials provide due notice to the licensee and reasonable opportunity for the licensee to be heard2 and 7,,ii7 there exists satisfactory proof that the licensee has violated a condition of holding a firearms dealers license1 permitted a violation of holding a firearms license1 or has been convicted of a felony2 and 7ii7 the pendency of proceedings before a court shall not suspend or interfere with the authority described in clause 7i72 7,p7 a firearms dealer licensee that has a license revoked under subparagraph 7,o7 may not receive a firearms dealer license during the #a-year period beginning on the date on which the revoked license would have expired2 7,q7 the ,state shall promulgate rules and regulations to ensure the prompt collection1 exchange1 dissemination1 and distribution of information pertaining to the issuance1 renewal1 expiration1 suspension1 and revocation of licenses2 7,r7 the ,state shall establish standards that are consistent with ,federal and ,state law-- 7i7 governing firearm transfers2 and 7ii7 for identifying prohibited individuals1 in accordance with section #cjda7;b72 7,s7 firearms dealers and private sellers shall verify the validity of a license before the sale1 rental1 or lease of any firearm or ammunition2 7,t7 firearms dealers and private sellers shall report all firearm sales1 rentals1 and leases to ,state authorities2 7,u7 firearms dealers shall notify the licensing authority when presented with an invalid or expired license2 7,v7 any licensee from whom a firearm is lost or stolen shall report such loss or theft to the licensing authority and ,state authority2 7,w7 all firearms licensees and firearms dealer licensees shall renew their licenses on a timeframe established by the ,state2 7,x7 an individual may not use the firearms license of the individual to purchase a firearm for-- 7i7 the unlawful use of the firearm by another2 or 7ii7 the resale or other transfer of the firearm to an unlicensed individual2 and 7,y7 7i7 it shall be unlawful to store or keep any firearm in any place unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device1 properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user2 and 7ii7 for purposes of clause 7i71 a firearm shall not be considered to be stored or kept if carried by or under the control of the owner or other lawfully authorized user4 7d7 ,grant preferences 7#a7 ,priorities ,in awarding grants under this section1 the ,attorney ,general shall give priority to any ,state that has incorporated and implemented the elements described in paragraph 7#b74 7#b7 ,elements ,the elements described in this paragraph are those requiring that-- 7,a7 all firearms dealers licensees shall-- 7i7 provide training for employees upon hiring1 and not less frequently than once a year thereafter1 according to standards established by the ,state2 7ii7 develop a security plan for the place of business that includes-- 7,i7 adequate locking and storage of firearms and firearm purchase records2 7,,ii7 exterior lighting2 7,,iii7 surveillance cameras2 7,,iv7 an alarm system2 and 7,v7 other appropriate anti-theft measures and practices for during and after business hours2 7iii7 submit to the licensing authority an annual report of the safety and compliance record of the place of business1 which shall include-- 7,i7 the total number of guns traced to the place of business during the #ab-month period preceding the report1 broken down by month2 7,,ii7 the number of known straw purchases either attempted or completed during the #ab-month period preceding the report1 broken down by month2 and 7,,iii7 the number of violations cited by the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives during the #ab-month period preceding the report2 7iv7 videotape 7including audio7 or electronically record 7including audio7 the point-of-sale of all firearms transactions and maintain the videos or electronic recordings for not less than #e years2 7v7 annually review and update compliance policies1 procedures1 and training materials2 and 7vi7 perform background checks for private sellers for a reasonable fee2 7,b7 the ,state established standards for how to properly respond to straw purchasers and firearms traffickers2 and 7,c7 the ,state established standards for storing ammunition in a locked container separate from any firearms4 7e7 ,annual report ,each ,state receiving a grant under this section shall submit to the ,assistant ,attorney ,general1 for each fiscal year during which the ,state expends amounts received under the grant1 a report1 at such time and in such manner as the ,assistant ,attorney ,general may reasonably require1 that contains-- 7#a7 a summary of the activities carried out using amounts made available under the grant2 7#b7 an assessment of whether the activities are achieving the elements described in subsection 7c77#b72 and 7#c7 such other information as the ,assistant ,attorney ,general may require4 7f7 ,limitations on the allocation of funds ,of the amount made available to carry out this section in any fiscal year-- 7#a7 not more than #b percent may be used by the ,assistant ,attorney ,general for salaries and administrative expenses2 and 7#b7 not more than #be percent may be used for technical assistance1 training1 and evaluation4 7g7 ,,gao report ,not later than #b years after the date of enactment of this part1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report evaluating whether ,states have been able to effectively adopt firearm licensing requirements4 7h7 ,reallocation of appropriations ,a recipient of a grant under subsection 7a7 shall return to the ,assistant ,attorney ,general any amounts received under a grant under subsection 7a7 that are not expended for a purpose described in this section4 4 7b7 ,authorization of appropriations ,section #ajja7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbfa7;a77 is amended by adding at the end the following3 7#bh7 ,there are authorized to be appropriated to carry out part ,,nn #bj1jjj1jjj for each of fiscal years #bjai through #bjbc4 4