,,ii #aafth ,,congress #ast ,session ,s4 #bjad ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bg1 #bjai ,mr4 ,markey 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 #bjai or the ,,mass ,act4 #b4 ,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 ,,oo ,firearms licensing #cjea4 ,definitions 7a7 ,in general ,in this part-- 7#a7 the term covered license means a-- 7,a7 firearms license2 or 7,b7 firearms dealer license2 7#b7 the term extreme risk protection order means a written order1 issued by a ,state court or signed by a magistrate that1 for a period not to exceed a time frame established by the ,state-- 7,a7 prohibits the individual named in the order from having under the custody or control of the individual1 purchasing1 possessing1 or receiving a firearm or ammunition2 and 7,b7 requires that any firearm or ammunition under the custody or control of the individual be removed2 7#c7 the term prohibited individual means an individual who is categorically ineligible to receive a covered license2 7#d7 the term suitable means that an individual does not create a risk to public safety2 and 7#e7 the term thorough background check means 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 covered license2 and 7#b7 in establishing standards with respect to a covered license under paragraph 7#a71 shall take into consideration whether limitations may be warranted based on-- 7,a7 criminal history2 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 age2 7,d7 legal residency2 7,e7 military dishonorable discharges2 7,f7 whether an individual is subject to a permanent or temporary protection order2 7,g7 outstanding arrest warrants2 7,h7 status as a fugitive2 7,i7 renunciation of ,united ,states citizenship2 and 7,j7 other factors relevant to the suitability of a license holder4 #cjeb4 ,grants and conditions 7a7 ,grants authorized ,the ,assistant ,attorney ,general may make grants to ,states to implement or maintain firearms and firearms dealer licensing requirements4 7b7 ,duration of grants ,a grant under subsection 7a7 shall be for a period of #c fiscal years4 7c7 ,use of funds for firearms and firearms dealer licensing 7#a7 ,activities ,amounts received under a grant under subsection 7a7 shall be used for the implementation or maintenance of firearms and firearms dealer 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 providing that-- 7,a7 an individual shall have a firearms license-- 7i7 at the time of the purchase1 rental1 or lease of a firearm or purchase of ammunition2 and 7ii7 during the entire period of ownership or possession of a firearm or ammunition2 7,b7 7i7 an individual who 7including the owner or operator of a business that7 sells1 rents1 or leases a minimum number of firearms1 or sells ammunition1 during a calendar year shall obtain a firearms dealer license2 and 7ii7 the ,state shall establish the minimum number of firearms for purposes of clause 7i71 which may not be higher than #aj per calendar year2 7,c7 the chief of police or the board or officer having control of the police department of a local government1 or a designee within the same department1 shall function as the licensing authority2 7,d7 for an application for issuance or renewal of a firearms license1 the licensing authority shall-- 7i7 conduct a thorough background check1 which may include-- 7,i7 conducting an interview with the applicant2 7,,ii7 requiring the submission of letters of reference stating that the applicant is of sound mind and character2 and 7,,iii7 any other requirements the ,state determines relevant2 and 7ii7 make a determination of suitability2 7,e7 a first-time firearms license applicant shall complete safety training2 7,f7 for an application for issuance or renewal of 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 7ii7 a thorough background check2 and 7iii7 any other requirements the ,state determines relevant2 7,g7 the ,state shall establish appropriate application processes for covered licenses consistent with ,federal1 ,state1 and local law2 7,h7 the ,state shall establish standards and processes by which licensing authorities can revoke1 suspend1 or deny the issuance or renewal of a covered license2 7,i7 the ,state shall ensure that a revocation1 suspension1 or denial cannot be based on race1 color1 ethnicity1 religion1 sex1 sexual orientation1 or gender identity2 7,j7 the ,state shall establish judicial review processes by which any applicant for or holder of a covered license may1 within a reasonable time period1 petition to obtain judicial review of a revocation1 suspension1 or denial of the issuance or renewal of a covered license2 7,k7 the ,state shall establish-- 7i7 standards and a process under which a family member of an individual who the family member fears is a danger to himself1 herself1 or others may petition for an extreme risk protection order2 and 7ii7 standards for the termination or extension of an order described in clause 7i72 7,l7 the ,state shall establish processes under which-- 7i7 an individual whose covered license is revoked or suspended1 or whose application for issuance or renewal of a covered license is denied1 shall surrender or transfer all firearms and ammunition that are or would have been covered by the license2 and 7ii7 an individual who is subject to an extreme risk protection order shall surrender or transfer all firearms and ammunition in the possession of the individual2 7,m7 the ,state shall establish requirements with which a firearms dealer licensee must comply1 which-- 7i7 shall include requirements relating to-- 7,i7 the location at which the licensee conducts firearm or ammunition transactions2 7,,ii7 the manner in which the licensee records firearm or ammunition transactions2 7,,iii7 background checks for employees of the licensee2 and 7,,iv7 any other matter that the ,state determines appropriate2 and 7ii7 may include requirements that a licensee-- 7,i7 maintain a permanent place of business-- 7aa7 that is not a residence2 and 7bb7 at which the licensee conducts all firearms or ammunition transactions2 7,,ii7 submit to mandatory record and inventory inspections by a licensing authority2 7,,iii7 maintain a sales record book at the permanent place of business described in subclause 7,i7 in accordance with standards established by the ,state2 7,,iv7 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 a firearm or ammunition2 and 7,v7 take any other action that the ,state determines appropriate2 7,n7 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 or revocation of a covered license2 7,o7 the ,state shall establish standards that are consistent with ,federal and ,state law-- 7i7 governing the transfer of a firearm or ammunition2 and 7ii7 for identifying a prohibited individual1 in accordance with section #cjea7;b72 7,p7 the ,state shall promulgate rules and regulations that require a dealer or private seller of firearms or ammunition to verify the validity of a firearms license before the sale1 rental1 or lease of any firearm or the sale of any ammunition2 7,q7 a dealer or private seller of firearms or ammunition shall report all sales1 rentals1 and leases of firearms1 and sales of ammunition1 to ,state authorities2 7,r7 a dealer of firearms or ammunition shall notify the licensing authority when presented with an invalid or expired firearms license2 7,s7 any firearms licensee whose firearm or ammunition is lost or stolen shall report the loss or theft to the licensing authority and ,state authorities within a reasonable time frame and in a manner established by the ,state2 7,t7 an individual holding a firearms license or firearms dealer license shall renew the license on a time frame established by the ,state2 7,u7 an individual may not use the firearms license of the individual to purchase a firearm or ammunition for-- 7i7 the unlawful use of the firearm or ammunition by another individual2 or 7ii7 the resale or other transfer of the firearm or ammunition to an unlicensed individual2 and 7,v7 7i7 it shall be unlawful to store or keep a firearm in any place unless the firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device1 properly engaged so as to render the firearm inoperable by any individual 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 7#c7 ,separate ammunition dealer license permitted ,a ,state that requires a license for dealing ammunition that is separate from a license for dealing firearms shall be deemed to have satisfied the requirements under paragraph 7#b7 relating to a firearms dealer license1 as that license relates to the dealing of ammunition1 if the ,state imposes the same requirements for an ammunition dealer license as are mandated under paragraph 7#b7 for a firearms dealer license1 as that license relates to the dealing of ammunition4 7d7 ,application ,to be eligible to receive a grant under subsection 7a71 a ,state shall submit to the ,assistant ,attorney ,general an application at such time1 in such manner1 and containing such information as the ,assistant ,attorney ,general may require1 including a description of how the ,state will use the grant to implement or maintain firearms and firearms dealer licensing requirements that include the elements described in subsection 7c77#b74 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 ,not more than #b percent of the amount made available to carry out this section in any fiscal year may be used by the ,assistant ,attorney ,general for salaries and administrative expenses4 7g7 ,reallocation of appropriations ,a recipient of a grant under subsection 7a7 shall return to the ,assistant ,attorney ,general any amounts received under the grant 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#bi7 ,there are authorized to be appropriated such sums as may be necessary to carry out part ,,oo4 4