,i #aafth ,,congress #ast ,session ,h4 ,r4 #bhfg ,,in ,,the ,,house ,,of ,,representatives ,may #ba1 #bjai,ms4 ,de,lauro 7for herself1 ,mr4 ,courtney1 ,mr4 ,larson of ,connecticut1 ,mr4 ,himes1 ,ms4 ,kelly of ,illinois1 ,ms4 ,lee of ,california1 ,mr4 ,rush1 ,ms4 ,meng1 ,mr4 ,levin of ,michigan1 ,mrs4 ,hayes1 ,ms4 ,dean1 ,mr4 ,morelle1 ,ms4 ,mucarsel-,powell1 ,ms4 ,norton1 ,mr4 ,sires1 ,mr4 ,langevin1 ,mr4 ,swalwell of ,california1 ,mr4 ,grijalva1 ,mr4 ,crow1 ,ms4 ,schakowsky1 and ,mr4 ,thompson of ,california7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend chapter #dd of title #ah1 ,united ,states ,code1 to require the safe storage of firearms1 and for other purposes4 #a4 ,short title ,this ,act may be cited as ,ethan's ,law4 #b4 ,findings ,congress find the following3 7#a7 ,an estimated #d1fjj1jjj minors in the ,united ,states live in homes with at least #a unsecured firearm4 7#b7 ,seventy-three percent of children under the age of #aj living in homes with firearms reported knowing the location of their parents' firearms4 ,thirty-six percent of those children reported handling their parents' unsecured firearms4 7#c7 ,the presence of unsecured firearms in the home increases the risk of unintentional and intentional shootings4 ,over #ge percent of firearms used in youth suicide attempts and unintentional firearm injuries were stored in the residence of the victim1 a relative1 or a friend4 7#d7 ,the ,united ,states ,secret ,service and the ,department of ,education report that in #fe percent of deadly school shootings the attacker obtained the firearm from his or her own home or that of a relative4 7#e7 ,in the last decade1 nearly #b1jjj1jjj firearms have been reported stolen4 ,in #bjaf alone1 #bch1jjj firearms were reported stolen in the ,united ,states4 ,between #bjaj and #bjaf1 police recovered more than #bc1jjj stolen firearms across jurisdictions that were used to commit kidnappings1 armed robberies1 sexual assaults1 murders1 and other violent crimes4 7#f7 ,higher levels of neighborhood gun violence drive depopulation1 discourages commercial activity1 and decreases property values1 resulting in fewer business establishments1 fewer jobs1 lower home values1 and lower home ownership rates4 7#g7 ,the negative economic impact of gun violence in communities is tied directly to the national economy and interstate commerce4 7#h7 ,congress has the power under the interstate commerce clause and other provisions of the ,constitution of the ,united ,states to enact measures ensuring firearms are securely stored4 #c4 ,secure gun storage or safety device ,section #ibb7z7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,secure gun storage by owners 7,a7 ,offense 7i7 ,in general ,except as provided in clause 7ii71 it shall be unlawful for a person to store or keep any firearm that has moved in1 or that has otherwise affected1 interstate or foreign commerce on the premises of a residence under the control of the person if the person knows1 or reasonably should know1 that-- 7,i7 a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor2 or 7,,ii7 a resident of the residence is ineligible to possess a firearm under ,federal1 ,state1 or local law4 7ii7 ,exception ,clause 7i7 shall not apply to a person if the person-- 7,i7 keeps the firearm-- 7aa7 secure using a secure gun storage or safety device2 or 7bb7 in a location which a reasonable person would believe to be secure2 or 7,,ii7 carries the firearm on his or her person or within such close proximity thereto that the person can readily retrieve and use the firearm as if the person carried the firearm on his or her person4 7,b7 ,penalty 7i7 ,in general ,any person who violates subparagraph 7,a7 shall be fined #ejj per violation4 7ii7 ,enhanced penalty ,if a person violates subparagraph 7,a7 and a minor or a resident who is ineligible to possess a firearm under ,federal1 ,state1 or local law obtains the firearm and causes injury or death to such minor1 resident1 or any other individual1 the person shall be fined under this title1 imprisoned for not more than #e years1 or both4 7iii7 ,forfeiture of improperly stored firearm ,any firearm stored in violation of subparagraph 7,a7 shall be subject to seizure and forfeiture in accordance with the procedures described in section #ibd7;d74 7,c7 ,minor defined ,in this paragraph1 the term minor means an individual who is less than #ah years of age4 4 #d4 ,firearm ,safe ,storage ,program ,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 ,firearm ,safe ,storage ,program #cjda4 ,firearm ,safe ,storage ,program 7a7 ,in general ,the ,assistant ,attorney ,general shall make grants to an eligible ,state or ,indian ,tribe to assist the ,state or ,indian ,tribe in carrying out the provisions of any ,state or ,tribal law that is functionally identical to section #ibb7z77#d7 of title #ah1 ,united ,states ,code4 7b7 ,eligible ,state or ,indian ,tribe 7#a7 ,in general ,except as provided in paragraph 7#b71 a ,state or ,indian ,tribe shall be eligible to receive grants under this section on and after the date on which the ,state or ,indian ,tribe-- 7,a7 enacts legislation functionally identical to section #ibb7z77#d7 of title #ah1 ,united ,states ,code2 and 7,b7 the attorney general of the ,state 7or comparable ,tribal official7 submits a written certification to the ,assistant ,attorney ,general stating that the law of the ,state or ,indian ,tribe reflects the sense of ,congress in section #ibb7z77#d77;,d7 of such title #ah4 7#b7 ,first year eligibility exception 7,a7 ,in general ,a covered ,state or ,indian ,tribe shall be eligible to receive a grant under this section during the #a-year period beginning on the date of enactment of this part4 7,b7 ,covered ,state or ,indian ,tribe ,in this paragraph1 the term covered ,state or ,indian ,tribe means a ,state or ,indian ,tribe that1 before the date of enactment of this part1 enacted legislation-- 7i7 that is functionally identical to section #ibb7z77#d7 of title #ah1 ,united ,states ,code2 and 7ii7 for which the attorney general of the ,state 7or comparable ,tribal official7 submits a written certification to the ,assistant ,attorney ,general stating that the law of the ,state or ,indian ,tribe reflects the sense of ,congress in section #ibb7z77#d77;,d7 of such title #ah4 7c7 ,use of funds ,funds awarded under this section may be used by a ,state or ,indian ,tribe to assist law enforcement agencies or the courts of the ,state or ,indian ,tribe in enforcing and otherwise facilitating compliance with any ,state law functionally identical to section #ibb7z77#d71 of title #ah1 ,united ,states ,code4 7d7 ,application ,an eligible ,state or ,indian ,tribe desiring a grant under this section shall submit to the ,assistant ,attorney ,general an application at such time1 in such manner1 and containing or accompanied by such information1 as the ,assistant ,attorney ,general may reasonably require4 7e7 ,incentives ,for each of fiscal years #bjai through #bjbc1 the ,attorney ,general shall give affirmative preference to all ,bureau of ,justice ,assistance discretionary grant applications of a ,state or ,indian ,tribe that has enacted legislation-- 7#a7 functionally identical to section #ibb7z77#d7 of title #ah1 ,united ,states ,code2 and 7#b7 for which the attorney general of the ,state 7or comparable ,tribal official7 submits a written certification to the ,assistant ,attorney ,general stating that the law of the ,state or ,indian ,tribe reflects the sense of ,congress in section #ibb7z77#d77;,d7 of such title #ah4 4 #e4 ,sense of ,congress ,paragraph 7#d7 of section #ibb7z7 of title #ah1 ,united ,states ,code1 as added by section #c1 is amended by adding at the end the following3 7,d7 ,sense of ,congress relating to liability ,it is the sense of ,congress that-- 7i7 failure to comply with subparagraph 7,a7 constitutes negligence under any relevant statute or common law rule2 and 7ii7 when a violation of subparagraph 7,a7 is the but-for cause of a harm caused by the discharge of a firearm1 such violation should be deemed to be the legal or proximate cause of such harm1 regardless of whether such harm was also the result of an intentional tort4 4 #f4 ,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