,i #aafth ,,congress #ast ,session ,h4 ,r4 #bghf ,,in ,,the ,,house ,,of ,,representatives ,may #af1 #bjai,mrs4 ,brooks of ,indiana 7for herself1 ,mr4 ,deutch1 ,mr4 ,upton1 ,mrs4 ,dingell1 ,mr4 ,fitzpatrick1 and ,mr4 ,carson of ,indiana7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to authorize the ,attorney ,general to make grants to ,states that have in place laws that authorize law enforcement agencies to retain firearms taken from dangerous individuals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,jake ,laird ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,the term firearm has the meaning given that term in section #iba of title #ah1 ,united ,states ,code4 7#b7 ,the term dangerous means1 with respect to an individual1 that the individual-- 7,a7 presents an imminent risk of injuring himself or herself1 or another individual2 or 7,b7 the individual-- 7i7 may present a risk of injuring himself or herself1 or another individual2 and 7ii7 7,i7 has a mental illness that may be controlled by medication1 but has demonstrated a pattern of not voluntarily and consistently taking such medication1 except under supervision2 7,,ii7 is the subject of documented evidence that would give rise to a reasonable belief that the individual has a propensity for violent or emotionally unstable conduct2 or 7,,iii7 poses a significant danger of personal injury to himself or herself1 or another individual1 by possessing a firearm4 #c4 ,grants for firearm seizure law 7a7 ,authorization ,the ,attorney ,general is authorized to make grants to ,states that have in place a law which authorizes the seizure of a firearm from a dangerous individual in accordance with section #d4 7b7 ,use of funds ,a ,state that receives a grant under this section may use such grant to implement the law described in subsection 7a71 and to train law enforcement officers and prosecutors on the implementation of such law4 7c7 ,application ,a ,state seeking a grant under this section shall submit to the ,attorney ,general an application at such time1 in such manner1 and containing such information as the ,attorney ,general may reasonably require1 including a copy of the law described in subsection 7a74 #d4 ,requirements for firearm seizure law ,in order to be eligible for a grant under this section1 a ,state law shall provide for a process that is substantially similar to the following3 7#a7 ,warrant to seize a firearm from a dangerous individual 7,a7 ,issuance ,a court of competent jurisdiction may issue a warrant authorizing a law enforcement officer to seize a firearm from a person that the court determines there is probable cause to believe is dangerous and in possession of a firearm4 7,b7 ,affidavit required ,a law enforcement officer seeking a warrant described in subparagraph 7,a7 shall submit to the court an affidavit1 which contains the following information3 7i7 ,facts supporting the law enforcement officer's probable cause to believe that the individual is dangerous and in possession of a firearm1 including a description of the law enforcement officer's interaction with the individual1 or with another individual who provided information relating to the individual against whom the warrant is sought1 and who the law enforcement officer determines is credible and reliable4 7ii7 ,the specific location of the firearm4 7#b7 ,seizure of a firearm without a warrant ,a law enforcement officer may seize a firearm from an individual who the law enforcement officer determines there is probable cause to believe is dangerous without obtaining a warrant under paragraph 7#a7 in the case of exigent circumstances4 7#c7 ,return filed with court ,not later than #dh hours after serving a warrant issued under paragraph 7#a7 or seizing a firearm under paragraph 7#b71 the law enforcement officer who served the warrant shall file a return with the court that includes the following information3 7,a7 ,the time and date on which the warrant was served1 or the firearm was seized1 as applicable4 7,b7 ,the name and address of the individual with respect to whom the warrant was issued1 or from whom the firearm was seized1 as applicable4 7,c7 ,the quantity of firearms seized1 and a description of each such firearm4 7#d7 ,hearing 7,a7 ,in general ,not later than #ba days after a return is filed under paragraph 7#c71 the court shall hold a hearing to determine whether the individual is dangerous4 ,if the court determines that the individual is dangerous1 the court shall-- 7i7 order that the law enforcement agency maintain possession of the firearm2 7ii7 in the case of an individual who has a license to carry a firearm1 revoke such license2 and 7iii7 enter an order restraining that individual from acquiring a firearm4 7,b7 ,notice ,the court shall provide notice of such hearing to the government1 and to the individual from whom the firearm was seized4 7,c7 ,burden of proof ,at a hearing under subparagraph 7,a71 the government shall have the burden of proving1 by clear and convincing evidence1 that the individual is dangerous1 and that the firearm should not be returned to the individual from whom it was seized4 7,d7 ,firearm owned by another individual ,if the court determines that the firearm seized is owned by an individual other than the individual with respect to whom the warrant was issued1 the court shall order the return of the firearm to that individual4 7,e7 ,inclusion in ,,nics ,in the case that a court enters an order described in subparagraph 7,a71 the appropriate person shall make such information available to the ,attorney ,general to be included in the ,national ,instant ,criminal ,background ,check ,system4 7#e7 ,petition for return of firearm 7,a7 ,in general ,beginning on the date that is #ahj days after the date on which a court entered an order described in clauses 7i7 through 7iii7 of paragraph 7#d77;,a71 an individual against whom such an order was entered may petition the court for the reversal of such order4 7,b7 ,granting of petition ,the court shall grant a petition filed under subparagraph 7,a7 if the petitioner proves by a preponderance of the evidence that the individual is not dangerous4 7,c7 ,denial of petition ,if the court denies a petition under this section1 the individual against whom such order was entered may file another petition under this section beginning on the date that is #ahj days after such denial4 7#f7 ,disposal of firearm ,in the case that an order under paragraph 7#d77;,a77i7 is still in effect on the date that is #e years after the date on which it was entered1 the court1 after giving notice to the appropriate parties1 may order the law enforcement agency with custody of such firearm to dispose of the firearm in accordance with any applicable policy of the jurisdiction in which the firearm was seized4 7#g7 ,request to sell firearm 7,a7 ,in general ,an individual whose firearms were retained by a law enforcement agency pursuant to an order under paragraph 7#d77;,a77i7 may petition the court for the law enforcement agency to sell the firearm in accordance with any applicable policy of the jurisdiction in which the firearm was seized1 and provide the proceeds of such sale to the individual4 ,the court shall grant such order unless the serial number on the firearm is damaged4 7,b7 ,timing ,a petition described in subparagraph 7,a7 may be filed any time prior to the entry of an order under paragraph 7#f74 7,c7 ,sale ,a law enforcement agency ordered to sell a firearm under this section shall sell the firearm not later than #a year after the entry of such order1 and may retain not more than #h percent of the sale cost to cover the costs of the sale4 #e4 ,authorization of appropriations ,there is authorized to be appropriated #ej1jjj1jjj to carry out this ,act for each of fiscal years #bjbj through #bjbb4